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HomeMy WebLinkAbout01-07085r' MAY 0 7 2004 BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-7085 CIVIL TERM V. CHARITY KNEPPER, CIVIL ACTION - LAW IN CUSTODY Defendant GUIDO, J.-- ORDER OF COURT AND NOW, this f day of May, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr. and Charity Knepper, shall have shared legal custody of the minor children: Taylor Knepper, born on August 11, 1996, Robert Knepper, born on January 14, 1998, and Brian Knepper, Jr., born on April 13, 1999. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and. upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete, and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either part of the parent. 2. Physical Custody. Primary physical custody of the minor children shall be with the Plaintiff, Brian Knepper, Sr. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: N A. Effective May 14, 2004, on alternating weekends from Friday at 4:30 p.m. until Sunday at 7:30 p.m. NO. 01-7085 CIVIL TERM B. Each week on Monday and Tuesday from 4:30 p.m. until 7:30 p.m. 3. Hotidavs. A. Mother will have physical custody of the children on Mother's Day. Father will have physical custody of the children on Father's Day. B. Easter. The. Easter holiday shall be enjoyed in two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. until 8:00 p.m. on Easter and Segment B shall be from 9:00 a.m. until 8:00 p.m. on the Saturday preceding Easter. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Thanksgiving. Each year Mother shall have custody from 9:00 a.m. until 8:00 p.m. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving family celebration from 9:00 a.m. until 8:00 p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. D. Christmas. In even numbered years, Father shall have custody from December 24 at noon through December 25th at noon, with Mother having custody from December 25th at noon through December 26th at noon. In odd numbered years, Mother shall have custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. E. The holiday schedule, unless otherwise set forth, shall be from 9:00 a.m. until 7:30 p.m. F. The holiday schedule shall take precedence over the regular custody schedule. G. Trick or Treat Night. Mother shall have custody on Trick or Treat night in odd-numbered years. Father shall have custody on Trick or Treat night in even-numbered years. The custodial time for Trick or Treat night shall be from 5:30 p.m. until 8:30 p.m. Y NO. 01-7085 CIVIL TERM 4. Transportation. Mother may pick up the children from the daycare center on the Fridays of her custodial weekends. Otherwise, the parties will use a neutral exchange point of the McDonald's at the intersection of Trindle Road and St. John's Church Road. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 5. Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 6. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guest comply with this provision. 7. Both parents shall refrain from making derogatory comments about the other parent in the presence of the minor children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 8. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore Shore School District or the school district in which Father resides. 9. Sum er. During the summer school recess the parties shall have a week-on week-off custodial arrangement. To commence at 4:30 p.m. on the first Sunday following the dismissal of school for the academic year, Mother shall have custody for a one week period until the following Sunday at 4:30 p.m. The parents shall continue their alternating custodial schedule throughout the school's summer recess period. Mothers hall be responsible for arranging daycare or babysitting during her summer custodial weeks. Father shall be responsible for arranging daycare or babysitting during his summer custodial weeks. 10. The parties shall attend the seminar for separating families, and shall, within sixty (60) days of the date of this Order file a Certificate of Attendance with the Court indicating their compliance with this paragraph of the Order. NO. 01-7085 CIVIL TERM 11. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. In the absence of such agreement the terms of this Order shall control. Dist: ?,t?radley A. Winnick, Esquire, 130 W. Church Street, Dillsburg, PA 17019 v ne M. Alexander, Esquire, 148 S. Baltimore Street, Dillsburg, PA 17019 J apu? rn? 05 C Edward E. Guido, J. 'YCID 80:8 W Z1 A'wWU 1VIONCHM 3Hi 3O BRIAN KNEPPER, SR., V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-7085 CIVIL TERM CIVIL ACTION - LAW CHARITY KNEPPER, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCE=DURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor Knepper August 11, 1996 Father Robert Knepper January 14, 1998 Father Brian Knepper, Jr. April 13, 1999 Father 2. The parties' third Custody Conciliation Conference was held on May 4, 2004 with the following individuals in attendance: the Father, Brian Knepper, Sr., and his counsel, Bradley A. Winnick, Esquire; the Mother, Charity Knepper, and her counsel, Jane M. Alexander, Esquire. The Conference was scheduled following Father's April 1, 2004 Petition to Modify Custody. 3. After the parties had an opportunity to discuss their concerns at length, they reached an agreement in the form of an Order anae JA-, A/ Date Melissa Peel Greevy, Esquire Custody Conciliator :228403 a m m rn J T U A W N " W O m oo - J - am - , - A - W - N - - - - a - - y - ? - - y - ro - b - ? G O 0 ? f t w o w o b9 0 O w ° w ? ? o y o o y W?W ? 7 o y co ? p - O o y 7 R ' p' F 0' Sn 7 .? .O. 0 ? ? ? o ? O w?- w O `? C n w o . y W p / y n d N r G C! ° w Vl . _. P ° _ w N (0 0 C. O Y+ N N ` ? `J ? .. ` ' r n O N fD f bb 1 a ° s ro .w h 0 r% V, C y ro 0 a n b H 2 www dz o w b7 10 a. V, o ? aE °? e v W ? c w ? O' n N 0 o e e e a ? pvJiANO e o e e o O a N Z a z P? a ? N CD O O LA N N y H N ? a 't3 H d O 4 ? n o ? N ? ? ? MM ? b U? DID by o?i ? ? O O O ~ N ? !0 N W r. ? a pl /1 •OJ' O' m 7. m O ro M ? t"" ? ? C1 7L" 070 `d P ?' ''? 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Brown Charter Schaal Student Progress Report Student Name Assessment Key for Kindergarten A Advanced p T Proficient 6 Basic 68 Below Basic Ms. Callum Circled areas indicate difficulty • Academic Development • Career Development • Personal / Social Development Teacher comments: Assessment Kev Grades 1-8 Grade 2 2 Term 4 93-198% A 85-92% 8 76-84% C 79-75% B Below 78% F of Circled areas indicate difficulty • Production. performance and exhibition • Historical and Cultural Contexts • Critical Response • Aesthetic Response Circled areas indicate difficulty • Communication • Connections • Comparisons Circled areas indicate difficulty • Singing / Instruments • Improvising / Melodies • Composing / Arranging Music • Reading / Listening to music •Hnderstanding /Evaluating Circled areas indicate difficulty • Concepts of Health • Healthful Living • Safety and Injury Prevention • Physical Activity • Movement Teacher comments: Teacher comments: Teacher comments: Teacher comments: Teacher Name Ms. Medic Date Ma 17, 2006 of X--------------------------Cut here and send bottom portion back to school. 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Grown Charter School Student Progress Report StudentName Brian Knee er Teacher Name Ms. Urrutia Grade Ist Date 5/17/06 Term paa®,et l(e, fv Ki,da, Ataemi®t l faslas l$ A Advanced P pmkmnt B Basic BB Bebw Basin Communication Arts Grammar IGG% A Spelling 71% Circled areas indicate difficulty sp ii;g / amm,.,,.. • reading • writing • speaking / listening Math Circled areas indicate difficulty • number sense / number facts • measurement/ geometry • concepts / estimation • problem solving/dato interpretation Circled areas indicate difficulty • concepts • vocabulary Paragon Circled areas indicate difficulty • concepts • projects Personal and Suchd Growth 83-1110% A HIM 8 76-84% c 70-75% B Bebw 70% f Completed 2G of 22 assignments Teacher comments: Orion is working on a second grade reading level. However he is having difficulty with Teacher comments: Keep up the good work. Teacher comments: Orion enjoys Science class. 12 1 of 12 Completed 1 18 1 of I IS I Assignments Teacher comments: Orion must pay attention during class, he spends a groat deal of time writing letters to his friends) or comments: Brian is A UPV new school. He has made a great BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW CHARITY KNEPPER, a/k/a CHARITY CHARITY HOWELL IN CUSTODY Defendant GUIDO, J.- ORDER OF COURT AND NOW, this L day of Jul , 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Pending Hearing, the parties will continue to follow the schedule of the Court's Order of May 11, 2004. 2. A hearing is scheduled in C om Number 5 of the Cumberland County Courthouse, on the 4X `O' day of 2006, at 2LZO o'clockA .M., at which time testimony will betaken. For the purposes of the hearing, the Mother, Charity Knepper, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY E COUR Edward E. Guido, J. Dist: Aradley A. Winnick, Esquire, 130 W. Church Street, Dillsburg, PA 17019 Xane M. Alexander, Esquire, 148 S. Baltimore Street, Dillsburg, PA 17019 o19 O? I r a% E BRIAN KNEPPER, SR., Plaintiff V. CHARITY KNEPPER, a/k/a CHARITY HOWELL Defendant NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor Knepper August 11, 1996 Father Robert Knepper January 14, 1998 Father Brian Knepper, Jr. April 13, 1999 Father 2. Mother filed a Petition to Amend Custody Order on April 19, 2006. The Custody Conciliation Conference was scheduled for May 25, 2006. By concurrence of counsel, a continuance was granted, and the Custody Conciliation Conference was held on July 21, 2006. Attending the Custody Conciliation Conference were: the Father, Brian Knepper, Sr., and his counsel, Bradley A. Winnick, Esquire; the Mother, Charity Howell and her counsel, Jane M. Alexander, Esquire. 3. Mother's position on custody is as follows: Mother alleges that she should have primary custody because Father was recently incarcerated for less than six (6) months on drug charges. Mother complained that Father did not divulge to her that he was in jail and further alleges that the maternal grandmother wasn't forthcoming in letting her know this when she would ask to speak to Brian when she called their residence. After she learned that he was in jail, she removed the children from the West Shore School District they attended, moved them to her home, and enrolled them in the Ronald H. Brown Charter School. Mother reports that she lives on North Second Street in Harrisburg in a three bedroom home that has a large fenced yard. She is presently employed in the evenings and her new husband, Brian, is home with their toddler during her work hours. In addition to the three children who are subject to this Order, Mother and her new husband have an eighteen month old daughter. Mother objects to the children being given medication for attention deficit disorder. She denies that the children have an problems with their behavior JUL 2 7 200Ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R ?a NO. 01-7085 CIVIL TERM when they are in her custody. Mother reports that the teachers have told her that they do not see any improvements in the children when they take medication. She also denies seeing the children as being distractible when they are with her, and reports that the Father put the children on medications without consulting her. She claims that she offered the maternal grandmother a period of custody for a week or so during the summer so that the children could maintain contact with her. She disputes Father's characterization of this period as one in which she was asking the maternal grandmother to take the children back because they could not handle them, and she was having a marital conflict. Mother has been working at Denny's for nine months and recently was promoted to an assistant manager of the Union Deposit store. As a result, her work shift changed. During the summer she works from 4:00 p.m. until 2:00 a.m. four days per week. When school starts, she plans to work 10:00 p.m. until 5:00 a.m., with varying days off. Mother acknowledges that the children love Father and see him as a role model, but thinks that because of Father's recent drug related arrest that the children should no longer be in his primary custody. She proposes that he have the same schedule of partial custody as she has had for the last several years. 4. Father's position on custody is as follows: Father will not agree to change primary custody of the children to Mother. Father acknowledges that he did wrong and reports that his criminal charges were from an incident in 2004. He is on parole until 2007 and is therefore subject to random urine tests. His last test was performed when he was still in jail. He was released from jail on July 9, 2006, having participated in drug intervention classes during his incarceration. He is not participating in a 12-step program at this time. He denies drug use. The charge to which Father pled guilty before Judge Hess on February 3, 2006 was one count of unlawful manufacture, delivery or possession with intent to deliver a schedule 2 controlled substance. With regard to the issue of the children's medication, Father reports that Robert has problems with ADHD and needs medication. He apparently had the child evaluated by a psychiatrist at Holy Spirit Hospital to make this determination. Robert is now seen at Shepherdstown Family Practice. In Father's view, the child has benefited from a recent change in his medicate from Adderol to Concerta. Father acknowledges that the children have gotten in trouble with him at times for misbehavior such as throwing tomatoes (3 years ago). This school year, Brian Jr. was kicked off the bus for three days for pushing another child. In Father's view, these are not justifications to change primary custody to Mother. Father is employed at American Coin from 7:00 a.m. until 3:30 p.m. Monday through Friday. Father claims that Mother wasn't exercising her week day periods of custody in January and February of 2006 and used only one weekend during that period of time. Father also reports that he had received a call from his Mother during the time that he was incarcerated in which she indicated that the children's Mother had asked her to take the t NO. 01-7085 CIVIL TERM children because Charity and her husband were fighting and she didn't think it was good for them to be there. Father thinks that Mother's apartment is too small to accommodate all of the children. He would also prefer that they continue to attend the West Shore School District rather than the Ronald H. Brown Charter School. There is some question as to whether the Charter School continues to hold a charter. 5. Because the parties have not reached an agreement, it appears that they will need a hearing on Mother's Petition to change primary custody to her. Counsel have agreed that they will need one day for this hearing. Aa,&k- bate Melissa Peel Greevy, Esquire Custody Conciliator :279863 Z9 ?_RTV?ED SEP 1 5 2006 BRIAN K. KNEPPER, SR., PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VS. CHARITY KNEPPER now NO. 01-7085 CIVIL TERM : CIVIL ACTION -LAW CHARITY HOWELL, DEFENDANT/PETITIONER : IN CUSTODY AND NOW, the Defendant/Petitioner, by and through her attorney, Jane M. Alexander, Esquire, submits the following Pre-Hearing Memorandum pursuant to the Order of Court dated August 1, 2006. 1. BRIEF SUMMARY OF CASE, INCLUDING NAMES AND DATES OF BIRTH OF CHILDREN AT ISSUE AND THE CURRENT CUSTODY SITUATION: The parties in this action Brian K. Knepper, Sr., Plaintiff/Respondent, and Charity Knepper, now Charity Howell, Defendant/Petitioner, were married June 13, 1997. At the time of marriage they were the parents of Taylor Knepper, age 10, born August 11, 1996. Two children were born during the marriage Robert Knepper, age 8, born January 14, 1998 and Brian K. Knepper, Jr,, age 7, born April 13, 1999. Defendant/Petitioner filed for divorce in the Court of Common Pleas of Cameron County, Pennsylvania and it was granted January 13, 2000 by Judge Vernon D. Roof. Defendant/Petitioner had custody of the children and filed to confirm custody on November 20, 2001 to No. 5663-CU-2001 in Dauphin County where she was then residing with the children. She was having financial difficulties and moved to York County to live with her father within a few weeks of filing. On or about December 18, 2001 Plaintiff/Respondent filed a Complaint for Custody in Cumberland County to No. 01-7085. The custody action has proceeded to date in Cumberland County under the action filed by Plaintiff/Respondent. An order was granted February 21, 2002 by Judge Edward E. Guido, granting physical custody to Plaintiff/Respondent. On June 6, 2002 the parties signed an Agreement and Stipulation of Custody providing that Plaintiff/Respondent continue to have primary physical custody. Page 1 of 4 On June 21, 2002 Judge Guido signed an order confirming the Agreement and Stipulation as an order of court. On July 10, 2003 Charity Knepper married Brian Howell. On or about March 31, 2004 Plaintiff/Petitioner filed a Petition to Modify Custody Order to eliminate the alternating week's summer schedule. On May 11, 2004 Judge Guido entered an order sustaining the alternate week summer visitation and gave Defendant/Petitioner two evening per week visitation. The children have been in the primary custody of their father, the Plaintiff/ Respondent but all of them have lived with Plaintiff/Respondent's parents. Plaintiff/ Respondent has never established an independent residence for himself and the children and the grandparents became the primary care-givers. The children, in 2005 began to repeatedly request that they be allowed to live with their mother, Defendant/Petitioner. Defendant/Petitioner learned in early 2006 that the Plaintiff/Respondent had been arrested in March 3, 2005 on a drug possession charge and in early 2006 was incarcerated in Cumberland County Prison. Defendant/Petitioner was not told of the situation and Plaintiff's mother concealed his whereabouts from Defendant/Petitioner. When she learned of the situation she went to Grandmother's home, picked up the children and took them to her home, entered them in school and on March 29, 2006 signed a Petitioner to amend custody order which was filed on April 19, 2006. Melissa P. Greevy, Esquire, the conciliator, scheduled a conciliation conference for May 25, 2006. It was continued at the request of attorney Bradley Winnick who had a scheduling conflict and Petitioner/Respondent was still in jail. The conciliation conference was finally held before attorney Greevy on July 21, 2006. The parties were unable to reach an agreement so the case is scheduled for a hearing on September 25, 2006. The current custody situation is that Defendant/Petitioner and her husband, Brian Howell, have a well-established home life. Defendant/Petitioner is employed and husband's work hours enable him to care for the three children and their twenty month old daughter when mother works. Page 2 of 4 In order to provide a larger, more child friendly environment they have moved into a new home at 1934 Forrester Street, Harrisburg, which is only three blocks from school and a large playground is nearby. There is a bedroom for each child. Defendant/Petitioner believes that the living conditions in Grandparents' home are not satisfactory, the children are frequently unsupervised. Plaintiff/Respondent does not appear to be regularly employed. His criminal record, incarceration, being on parole and having his driver's license suspended are not activities that benefit his children. II. STATEMENT OF ISSUES EXPECTED TO ARISE DURING TRIAL: 1. Is the current custody and visitation schedule in the best interest of the children? 2. Is it not in the best interests of the children to live in a comfortable, child friendly environment with two parents who can provide full time care and supervision. 3. Is not the Defendant/Petitioner, mother, who is regularly employed, married to a man who loves and cares for the children, better able to provide a safe and stable home life for the children than elder grandparents? III. ADMISSIONS FROM PLEADINGS TO BE MADE PART OF THE RECORD: None at this time. IV. STIPULATIONS OF PARTIES: None at this time. V. WITNESSES TO BE CALLED: Name and Address: 1. Charity Howell 1934 Forrester Street Harrisburg, PA 17102 2. Brian Howell 1934 Forrester Street Harrisburg, PA 17102 3. Jiashawna Hendricks Union Deposit Road Harrisburg, PA Subject of Testimony: Status of home life, relationship with children Status of home life, relationship with children, observations of children with their father Observation of parent-children relationship Page 3 of 4 b 4. Parleena Keast Mechanicsburg, PA Observation of parent-children relationship VI. STATUS OF EXPERT WITNESSES, REPORTS, EVALUATIONS AND STUDIES: None at this time. VII. STATEMENTS OF OBJECTIONS OR UNUSUAL EVIDENTIARY PROBLEMS EXPECTED TO ARISE AT TRIAL: (Parties should submit authority for their respective positions with this memorandum.) None known at this time. VIII. SPECIAL REQUESTS, UNCOMPLETED MATTERS: None at this time. LX. STATEMENT OF SETTLEMENT PROSPECTS: Defendant/Petitioner has worked very hard over the past three (3) years to establish a good home, stability in her life style, has constantly tried to be able to spend more time with her children, help with their school work and she feels very strongly that she can and does provide a better home life, love and discipline for her children than has been and is now provided by Plaintiff/Respondent. Her children's requests to live with her support her request for a change of primary custody. Possibility of settlement: poor. X. ESTIMATED TIME NEEDED FOR TRIAL: 1 day submitted, r" ne M. Alexfnfl , Esc ttorney for Defendant Supreme ID #07355 148 S. Baltimore Street Dillsburg, PA 17019 (717) 432-4514 Page 4 of 4 BRIAN K. KNEPPER., SR, PLAINTIFFIRESPONDENT vs. CHARITY KNEPPER now IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW CHARITY HOWELL, DEFENDANT/PETITIONER : IN CUSTODY CERTIFICATE OF SERVICE I, Jane M. Alexander, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Dillsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Bradley A. Winnicl, Esquire 130 W. Church Street, Suite 100 Dillsburg, PA 17019 Respectfully submitted, qftorney for Def6ndant upreme ID #07355 48 S. Baltimore Street Dillsburg, PA 17019 (717) 432-4514 r '; R 0111 IN 10MI RE F-TVED SEP 2 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV Y? BRIAN KNEPPER, SR., ) Plaintiff/Respondent ) VS. ) CHARITY KNEPPER, n/k/a ) CHARITY HOWELL, ) Defendant / Petitioner ) NO. 01-7085 CPAL TERM CIVIL ACTION - LAW -- IN CUSTODY PLAINTIFF'S PRETRIAL CUSTODY MEMORANDUM A. FATHER'S POSITION ON CUSTODY The parties are the parents of three (3) minor children: Taylor Knepper, born on August 11, 1996; Robert Knepper, born on January 14, 1998; and Brian Knepper, Jr., born on April 13, 1999. Upon their separation in 1999, the parties shared custody without an Order of Court. In December 2001, Father filed a Complaint for Custody in This Honorable Court and on February 21, 2002, Father was awarded primary physical custody of all three (3) boys. Seven (7) months later, Mother sought to modify the custody Order which had just been entered. This Honorable Court confirmed primary physical custody to be with Father, but awarded week on / week off custody during the summer. The children have remained in Father's primary physical custody for the past four and one-half (4 '/2) years. In July 2003, Mother married Brian Howell. Some time after the marriage, Mother and Mr. Howell moved from their residence in Mechanicsburg without notice to Father. Since all custody exchanges were either to or from school or day care, Father only learned of the move from the comments of his children. In March 2004, Father finally filed a Petition to Modify Custody to address his need to know where his children were when in Mother's care. It was a' learned that Mother had moved to a small apartment in the city of Harrisburg. Father and children have resided at the same residence with his parents for several years. Father and the children have their own apartment at the residence and benefit from having grandparents on hand to offer assistance and a nurturing extended family environment. Mother's petition claims that she can offer a stable home life for the children, but it is actually father who has kept them in a stable home and at the same schools all these years. As previously stated, Mother moved into the city of Harrisburg following her marriage. She has apparently moved now to a new location within the city of Harrisburg. Father acknowledges that he made a mistake in 2004 when he was arrested in possession of cocaine. He is currently on probation and is employed full time. He denies that his error in judgment ever affected the children or that he ever used controlled substances when with the children. While an embarrassment to him, and something for which he will be ashamed to have to explain to his children when they are older, he believes it is in the best interests of the children to maintain the stability he has provided for them. The children are currently enrolled in the same schools they have always attended. The only period this was not the case was the period between April 2006 and the end of the school year when the children were in Mother's care. At that time, the children were enrolled in the Ron Brown charter school, which no longer exists. B. WITNESSES 1. Brian Knepper - Will testify to his history as primary physical custodian of the children, the stability he has provided his children and what steps he has taken to rectify the mistakes he made which led to his incarceration. 2. Pat Knepper - Ms. Knepper is the children's grandmother and will testify to Father's relationship with the children, the circumstances of their day to day home life and the role she has always provided in caring for the children. Respectfully submitted, WILEY, LENOY, COLGAN & NL RZZACCO By: IBBraadlA iick , Esquire rch Street Dillsburg, PA 17019 (717) 432-9666 Dated: September 20, 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) Plaintiff /Respondent ) VS. ) CHARITY KNEPPER, n/k/a ) CHARITY HOWELL, ) Defendant / Petitioner ) NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW -- IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the within Pretrial Custody Memorandum to be served upon the following by depositing same in first class United States Mail, postage prepaid, and via fax, addressed as follows: Jane Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 FAX - 502-1087 By: L14vt? Bradley A. Winnick, Esquire Dated: September 20, 2006 September 15, 2006 Ms. Charity Howell 1206 N. 2nd St. Harrisburg, PA 17102 Re: Robert Harvey Knepper, DOB: 1/14/98 Dear Ms. Howell: I am in receipt of your request for a copy of your son's, Robert Harvey Knepper's medical record pertaining to his mental health services that he has received here at Holy Spirit Hospital. When a request is received, it is our policy to have the record reviewed by the Attending Psychiatrist and the Administrative Director. After reviewing Taylor's record by Dr. Mary White and me, it has been decided that it would not be in the patient's best interest and disclosure of specific information concerning treatment may constitute a substantial detriment to his treatment. Therefore, release of his record to you is denied. If you have any questions or concerns regarding this matter, please do not hesitate to contact me. Sincerely, Steven D. Bucciferro Administrative Director Behavioral Health Services SDB/tmh f 9-ZS-6? Si-S A Service of Holy Spirit Health System 503 North 21st Street • Camp Hill, PA 17011-2288 (717) 763-2100 The Spirit of Caring September 15, 2006 Ms. Charity Howell 1206 N. 2na St. Harrisburg, PA 17102 Re: Taylor Brian Knepper, DOB: 8/11/96 Dear Ms. Howell I am in receipt of your request for a copy of your son's, Taylor Brian Knepper's medical record pertaining to his mental health services that he has received here at Holy Spirit Hospital. When a request is received, it is our policy to have the record reviewed by the Attending Psychiatrist and the Administrative Director. After reviewing Taylor's record by Dr. Mary White and me, it has been decided that it would not be in the patient's best interest and disclosure of specific information concerning treatment may constitute a substantial detriment to his treatment. Therefore, release of his record to you is denied. If you have any questions or concerns regarding this matter, please do not hesitate to contact me. Since Y, Steven D. Bucciferro Administrative Director Behavioral Health Services SDB/tmh A Service of Holy Spirit Health System 503 North 21st Street • Camp Hill, PA 17011-2288 (717) 763-2100 The Spirit of Caring BRIAN KNEPPER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-7085 CIVIL ACTION LAW CHARITY KNEPPER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, January 28, 2002 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 B ?'li?lb'R?ASd ,tLPlt?o ,_ no ?j L?j iWFaa!s??x-?cmt?w?: .. awuasm xv.:., a ,., A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) NO. ?l - TOPS l tUtl /fits-1 Plaintiff ) VS. } CIVIL ACTION - LAW -- IN CUSTODY CHARITY KNEPPEI, ) Defendant ) ORDER OF COURT AND NOW THIS day of 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2001 at M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five (5) or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) NO. O j - -jQ RS CIU Z `ZO Plaintiff ) VS. ) CIVIL ACTION - LAW -- IN CUSTODY CHARITY KNEPPER, ) Defendant ) COMPLAINT FOR CUSTODY AND NOW, comes plaintiff Brian Knepper, by and through his attorney, Christine J. Taylor, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: The plaintiff is Brian Knepper, who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 since 2000. 2. The defendant is Charity Knepper who is currently resides at 36 North York Road, Dillsburg, York County, Pennsylvania, since December 7, 2001. 3. The above parties are the natural parents of three minor children: Taylor Knepper, d/o/b August 11, 1996; Robert Knepper, d/o/b January 14,1998; Brian Knepper, Jr., d/o/b/ April 13, 1999. Taylor Knepper was born prior to the date of marriage, which was June 13, 1997; Robert Knepper and Brian Knepper, Jr., were born during the mamage. 4. The children are currently in the care and custody of mother, Charity Knepper, at 36 North York Road, Dillsburg, York County, Pennsylvania. 5. During the past five years, the children have resided with the following persons and at the following addresses: A. Charity Knepper at 36 North York Road, Dillsburg, Pennsylvania since December 7, 2001 along with her father and Cynthia Adams as well as four minor children between the ages of eight (8) and sixteen (16). B. Charity Knepper at 233 North 15th Street, Harrisburg, Pennsylvania from 2000 to December 7, 2001. C. Charity Knepper at Northwest Street, Carlisle, Cumberland County, Pennsylvania, from 1999 until 2000. D. Charity Knepper and Brian Knepper, Sr., at 11 Walmar Manor, Dillsburg, York County, Pennsylvania from 1997 until 1999. E. Charity Knepper and Brian Knepper, Sr., 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania from 1996 until 1997 along with Brian Knepper, Sr.'s parents, Patsy Knepper and Nelson Knepper. 6. The father of the children is Brian Knepper, Sr., currently residing at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. He currently resides with his parents Patsy Knepper and Nelson Knepper. 7. The mother of the children is Charity Knepper currently residing at 36 North York Road, Dillsburg, York County, Pennsylvania. She currently resides with her father, Donnie Meyers, Cynthia Adams, and four (4) children between the ages of eight (8) and sixteen (16). 8. The reasons that Plaintiff is seeking custody of the minor children are the following: A. After custodial periods with Defendant, the children appear dirty and hungry. Often times, they are not wearing any underwear or socks. B. Plaintiff has noticed that the three minor children have been losing weight and that recently, Defendant contacted Plaintiffs mother's employment at a restaurant to see whether or not they would be able to eat for free. C. Plaintiff avers that Defendant has been repeatedly selling the beds and other items Plaintiff purchases for the minor children so that Defendant is able to obtain money. D. Defendant is currently unemployed and source of income is child support only. E. Plaintiff avers that Defendant has expressed an interest in leaving the state of Pennsylvania and requested that Plaintiff sign over parental rights to her. F. Plaintiff has the genuine desire and capabilities to offer a stable, safe and clean home environment, which Defendant cannot at this time. G. It is the best interest of the minor children that Plaintiff be granted primary physical custody of the minor children. H. Any other reasons that may fully appear at conference. WHEREFORE, Plaintiff requests the Court enter an order granting the relief requested. submitted, Date: 1z ///x/ By: Christine J. TayKr, WILEY, LENOX, CO C I South Baltimore S1 Dillsburg, PA 17019 (717) 432-9666 I.D. #82204 & MARZZACCO, P.C. a. - VERIFICATION 1, BRIAN KNEPPER, SR verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 12 S©l 46?? Ir - 110, ,.:, . . . - _. +mxan?a+'sc ?5+a?a4? wr trw* . i .:. ? me+? ;e. ,??a?x IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) NO. 01-7085 Plaintiff ) VS. ) CIVIL ACTION - LAW -- IN CUSTODY CHARITY KNEPPER, ) Defendant ) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Custody Complaint previously filed on December 18, 2001. A copy of the original process is attached. Respectfully Submitted, Date: The Wiley Group, P.C. One South Baltimore 5 Dillsburg, PA 17019 (717) 432-9666 I.D.# 82204 RUE COPY FROM RE D in T whereof, l here set my hanc and the seal at Carlisle. Pa. Prothonotary 0 CD :-, C- P - c A cn co n -D pC Fj 8r; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRLAN KNEPPER, SR., Plaintiff CHARITY KNEPPER, NO. 61- 70PS CLLR'-- 7- CIVIL ACTION - LAW -- IN CUSTODY i VS. ) } Defendant 73 -13 n, COMPLAINT FOR CUSTODY "' - r} AND NOW, comes plaintiffBrian Knepper, by and through his attorney, Clpst ne J. Taylor,`; Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant ComplairltJfor Cstod, and in support thereof, avers as follows: 1. The plaintiff is Brian Knepper, who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 since 2000. 2. The defendant is Charity Knepper who is currently resides at 36 North York Road, Dillsburg, York County, Pennsylvania, since December 7, 2001. 3. The above parties are the natural parents of three minor children: Taylor Knepper, d/o/b August 11, 1996; Robert Knepper, d/o/b January 14, 1998; Brian Knepper, Jr., d/o/b/ April 13, 1999. Taylor Knepper was born prior to the date of marriage, which was June 13, 1997; Robert Knepper and Brian Knepper, Jr., were born during the marriage. 4. The children are currently in the care and custody of mother, Charity Knepper, at 36 North York Road, Dillsburg, York County, Pennsylvania. 5. During the past five years, the children have resided with the following persons and at the following addresses: A. Charity Knepper at 36 North York Road, Dillsburg, Pennsylvania since December 7, 2001 along with her father and Cynthia Adams as well as four minor children between the ages of eight (8) and sixteen (16). B. Charity Knepper at 233 North 15th Street, Harrisburg, Pennsylvania from 2000 to December 7, 2001. C. Charity Knepper at Northwest Street, Carlisle, Cumberland County, Pennsylvania, from 1999 until 2000. D. Charity Knepper and Brian Knepper, Sr., at 11 Walmar Manor, DiIlsburg, York County, Pennsylvania from 1997 until 1999. E. Charity Knepper and Brian Knepper, Sr., 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania from 1996 until 1997 along with Brian Knepper, Sr.'s parents, Patsy Knepper and Nelson Knepper. 6. The father of the children is Brian Knepper, Sr., currently residing at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. He currently resides with his parents Patsy Knepper and Nelson Knepper. 7. The mother of the children is Charity Knepper currently residing at 36 North York Road, Dillsburg, York county, Pennsylvania. She currently resides with her father, Donnie Meyers, Cynthia Adams, and four (4) children between the ages of eight (8) and sixteen (16). 8. The reasons that Plaintiff is seeking custody of the minor children are the following: A. After custodial periods with Defendant, the children appear dirty and hungry. Often times, they are not wearing any underwear or socks. B. Plaintiff has noticed that the three minor children have been losing weight and that recently, Defendant contacted Plaintiffs mother's employment at a restaurant to see whether or not they would be able to eat for free. C. Plaintiff avers that Defendant has been repeatedly selling the beds and other items Plaintiff purchases for the minor children so that Defendant is able to obtain money. D. Defendant is currently unemployed and source of income is child support only. E. Plaintiff avers that Defendant has expressed an interest in leaving the state of Pennsylvania and requested that Plaintiff sign over parental rights to her. F. Plaintiff has the genuine desire and capabilities to offer a stable, safe and clean home environment, which Defendant cannot at this time. G. It is the best interest of the minor children that Plaintiff be granted primary physical custody of the minor children. H. Any other reasons that may fully appear at conference. WHEREFORE, Plaintiff requests the Court enter an Order granting the relief requested. submitted, Date: (?x/ By: Christine J. Tay, F WILEY, LENOX, CO C I South Baltimore t Dillsburg, PA 17019 (717) 432-9666 I.D. #82204 & MARZZACCO, P.C. TRUE COPY FROM RECORD m Testimony whereof, I here unto set my hanc and the seal of said Cftrt at Carlisle. Pa. ThidSy `/ Prothonotary VERIFICATION I, BRIAN RNEPPER SR verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: v 3 _ .__ J, a. .v. . ni+ +,_ "" ? 4?5 3A?`d!b E .PIPI eNWS4 y'? c SHERIFF'S RETURN - REGULAR CASE NO: 2001-07085 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KNEPPER BRIAN SR VS KNEPPER CHARITY BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon KNEPPER CHARITY the DEFENDANT , at 1443:00 HOURS, on the 18th day of January , 2002 at WALMARTH YORK ROAD 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to CHARITY KNEPPER a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this 2344c day of yad- A. D. rothonotary So Annssw"ers : R. Thomas Kline 01/22/2002 WILEY LENOX COLGAN By: Deputy Sheriff FEB 1 9 2002 BRIAN KNEPPER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. TARA T. KNEPPER, Defendant NO. 01-7085 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custodv. The parties, Brian Knepper, Sr., and Tara T. Knepper, shall have shared legal custody of the minor Children, Taylor Knepper, born August 11, 1996; Robert Knepper, born January 14, 1998; and Brian Knepper, Jr., born April 13, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. For the 2001-2002 academic school year, Mother shall have primary physical custody. Father shall have each weekend from Saturday between 8:00 a.m. and 8:30 a.m. until Sunday between 7:00 p.m. and 7:30 p.m. If by Friday Father contacts Mother to notify her that he does not have to work on Monday morning, at his option, Father may request to have his custodial weekend extended from Sunday at 7:30 p.m. until Monday morning when the Children are returned to school or daycare. Father shall have primary physical custody of the Children from the first Saturday after school has been dismissed for the summer recess in June 2002. Mother shall have physical custody for any days that she has off following the school summer recess and at such other times as the parties may agree. No. 01-7085 3. Each parent shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 4. Mother shall dismiss the Dauphin County Custody Action docketed at 5663 CV 2001 CU. 5. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 6. The Conference shall reconvene on the 15th day of July, 2002, at 9:15 a.m. at the office of the Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, Pennsylvania, for the purpose of reviewing the physical custody plan and in assisting the parties in making a holiday schedule. BY THE CO -10 Dist: avid Lopez, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 ,.Christine J. Taylor, Esquire, One S. Baltimore Street, Dillsburg, PA 17019 Cop. Ies ail d. e0e-22-ox L- s BRIAN KNEPPER, SR., vs. CHARITY KNEPPER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 : CIVIL ACTION - LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Knepper August 11, 1996 Mother Robert Knepper January 14, 1998 Mother Brian Knepper, Jr. April 13, 1999 Mother 2. A Custody Conciliation Conference was held on January 28, 2002, with the following individuals in attendance: the Father, Brian Knepper, Sr., and his counsel, Christine J. Taylor, Esquire; the Mother, Tara T. Knepper, and her counsel, David Lopez, Esquire. 3. The parties reached an agreement in the form of an Order as attached. 6 12 L- Date Me'ssa Peel Greevy, Esquire Custody Conciliator 18 ct- C . 101 . BRIAN KNEPPER, SR., Plaintiff V. CHARITY KNEPPER, Defendant 2002 M 9XV,81 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of March, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr. and Charity Knepper, shall have shared legal custody of the minor children, Taylor Knepper, born August 11, 1996; Robert Knepper, born January 14, 1998; and Brian Knepper, Jr., born April 13, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. For the 2001-2202 academic school year, Mother shall have primary physical custody. Father shall have each weekend from Saturday between 8:00 a.m. and 8:30 a.m. until Sunday between 7:00 p.m. and 7:30 p.m. If by Friday Father contacts Mother to notify her that he does not have to work on Monday morning, at his option, Father may request to have his custodial weekend extended from Sunday at 7:30 p.m. until Monday morning when the children are returned to school or daycare. Father shall have primary physical custody of the children from the first Saturday after school has been dismissed for the summer recess in June 2002. Mother shall have physical custody R 1' for any days that she has off following the school summer recess and at such other times as the parties may agree. 3. Each parent shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 4. Mother shall dismiss the Dauphin County Custody Action docketed at 5663 CV 2001 CU. 5. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 6. The Conference shall reconvene on the 15th day of July, 2002, at 9:15 a.m. at the office of the Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, Pennsylvania, for the purpose of reviewing the physical custody plan and in assisting the parties in making a holiday schedule. BY T OU J. Dist.: David Lopez, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 e 3 . d d - Christine J. Taylor, Esquire, One S. Baltimore Street, Dillsburg, PA 17019 :155253 "9 1? ??'?,ti?i?? ,?? ?.s`-`.??? ?? ' - 3!?r'??.?'?wwu?w?+¢s%+ra?.e?:v?xi?,...,,, ;,?.-, _ ,es::?.,;e-raw_ .,. ?;.? .. _?a? vo.?t ? rn?,?m??u ;?Fh?t-w-^s?'?arzc^..m?t=sr r? - BRIAN KNEPPER, SR., Plaintiff V. CHARITY KNEPPER, Defendant MAU R 1 8 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME Taylor Knepper Robert Knepper Brian Knepper, Jr DATE OF BIRTH August 11, 1996 January 14, 1998 April 13, 1999 CURRENTLY IN THE CUSTODY OF Mother Mother Mother 2. A Custody Conciliation Conference was held on January 28, 2002 with the following individuals in attendance: the Father, Brian Knepper, Sr., and his counsel, Christine J. Taylor, Esquire; the Mother, Charity Knepper, and her counsel, David Lopez, Esquire. 3. The parties reached an agreement in the form of an Order as attached. However, the Order contained a typographical error regarding the Mother's first name which is corrected by the attached Order. 3/ 1 /d z- Date Melissa Peel Greevy, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, Defendant NO. 01-7085 +ORRDER AND NOW, this 361/T day of ,J , 2002, upon consideration of the foregoing Agreement and Stipulation of Custody and on motion of Christine J. Taylor, Esquire, counsel for Plaintiff, Brian Knepper, Sr., and with the agreement of David Lopez, Esquire, counsel for Defendant, Charity Knepper, it is hereby Ordered, Adjudged and Decreed that the terms, conditions and provisions of the attached Agreement and Stipulation of Custody of the parties are adopted as an Order of Court as if set forth herein at length. J. Distribution: David Lopez, Esq., Mid Penn Legal Services, 8 Irvine Row, Carlisle, PA 17013 L 2 1 , o Christine Taylor, Esq., 1 South Baltimore Street, Dillsburg, PA 17019' ?a?` ?%'? ?i?n??t?:;s;v;??r? ?;??... i " .. an?ieR?a ?.?.r>?2n zu.?v+? ?xRf;?'ss. ", R?@k?.'n'^ s+wllr.s'Ja%?p?.?v?? .. -.. -r b+x"" o+ '1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) NO. 01-7085 Plaintiff ) Vs. ) CIVIL ACTION - LAW -- IN CUSTODY CHARITY KNEPPER, ) Defendant ) AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this ? day of 2002, the Plaintiff and Defendant, having reached an agreement re ding custody in the best interest and welfare of their minor children, Taylor Knepper, born August 11, 1996; Robert Knepper, born January 14, 1998; and Brian Knepper, Jr., bom April 13, 1999, desire to legally obligate themselves to adhere to the terms of said agreement:. The parties will share joint legal custody of their minor children. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be ,u %a permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with hire or her as soon as possible. Each party shall be entitled to complete, and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party of the parent. 2. Primary physical custody of the minor children shall be with Plaintiff; Brian Knepper, Sr. 3. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: (a) Beginning the weekend of May 24, 2002, every other weekend from Friday at 5:00 p.m. until Sunday at 7:30 p.m. (b) Beginning on Monday, June 3, 2002, every other Monday and Tuesday from 4:00 p.m. until 7:00 p.m. (c) During the summer months when school is not in session and beginning the first Sunday of the summer recess, every Sunday at 7:30 p.m. until Wednesday at 7:30 p.m. 4. Holidays: (a) Mother will have physical custody of the children on Mother's Day. (b) Father will have physical custody of the children on Father's Day. (c) Easter, in 2002 and every even-numbered year thereafter, Father will have the minor children on Easter. Beginning in 2003, and every odd-numbered year thereafter, Mother will have the minor children on Easter. (d) Thanksgiving, in 2002 and every even-numbered year thereafter, Mother will have the minor children on Thanksgiving from 9:00 A.M. until 3:00 P.M., alternating with Father on odd-numbered years. (e) Christmas in even-numbered years, Father shall have the right of custody from December 24 at Noon through December 25 at Noon, with Mother having A, custody from December 25 at Noon through December 26 at Noon. In odd- numbered years, Mother shall have the right of custody from December 24 at Noon through December 25 at Noon, with Father having custody from December 25 at Noon through December 26 at Noon. (1) The holiday schedule, unless otherwise set forth, shall be from 9:00 A.M. until 7:30 P.M. (g) The holiday schedule shall take precedence over the regular custody schedule. 5. Transportation - The parent who is to begin the custodial time with the minor children shall be the responsible party to pick up the children. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 6. Each parent shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 7. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision 8. Both parents shall refrain from making derogatory comments about the other parent in the presence of the minor children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 9. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore School District or the school district in which Father resides beginning with the academic year 2002-2003. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day Attorney for Plaintiff David Lopez, Esquire Attorney for Defendan Brian Knepper., laintiff Charity Kn r, Defendant and year first above written. C c r C^ r ,...? -r m { ?. __ _ v _ _ _ _. i0.. -? Tiak S.rC'-+A te' ?n_ ii e+?-f» 5^°3T' ?t`1'yfl?'€t2'm'¢ BRIAN KNEPPER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-7085 CIVIL ACTION LAW CHARITY KNEPPER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 03, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, November 05, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevv. Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1.: 4O-v - P ° itov, f ro e. o/ 4 -a/ tY?N'?AlASNN?d A.'Nf1C, ?'%,?<<?;;??, VVC ? rnlfllf L-.l.307iC, BRIAN KNEPPER, SR., PLAINTIFF/RESPONDENT V. CHARITY KNEPPER, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at at on for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 BRIAN KNEPPER, SR., PLAINTIFF/RESPONDENT V. CHARITY KNEPPER, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL ACTION LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Charity Knepper, by and through her attorney, G. Patrick O'Connor, Esquire, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: The Petitioner is Charity Knepper, who currently resides at 129 North Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is Brian Knepper, Sr., who currently resides at 40 South Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. The above parties are the natural parents of three minor children: Taylor Knepper, d/o/b August 11, 1996; Robert Knepper, d/o/b January 14, 1998; Brian Knepper, Jr., d/o/b April 13, 1999. Taylor Knepper ws born prior to the date of marriage, which was June 13, 1997; Robert Knepper and Brian Knepper, Jr., were born during the marriage. 4. The children are currently in the care and custody of father, Brian Knepper, Sr., at 40 South Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: A. Brian Knepper, Sr., at 40 South Scarsdale Drive, Camp Hill, Pennsylvania since June 6, 2002, along with Brian Knepper, Sr.'s parents, Patsy Knepper and Nelson Knepper. B. Charity Knepper at 36 North York Road, Dillsburg, Pennsylvania from December 7, 2001, until June 6, 2002, along with her father and Cynthia Adams as well as four minor children between the ages of eight (8) and sixteen (16). C. Charity Knepper at 233 North 15th Street, Harrisburg, Dauphin County, Pennsylvania from 2000 to December 7, 2001. D. Charity Knepper at Northwest Street, Carlisle, Cumberland County, Pennsylvania from 1999 until 2000. E. Charity Knepper and Brian Knepper, Sr., at 11 Walmar Manor, Dillsburg, York County, Pennsylvania from 1997 until 1999. 6. The father of the children is Brian Knepper, Sr., currently residing at 40 South Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. He currently resides with his parents Patsy and Nelson Knepper. The mother of the children is Charity Knepper, currently residing at 129 North Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. She currently resides with her soon-to-be husband, Brian Howell. The reasons that Plaintiff is seeking custody of the minor children are the following: A. The children are in the primary custody of the father at the present time only because the mother signed a custody stipulation while under duress in June of 2002. After the mother came to the father's house to pick up the children, the father refused to allow the mother to leave until she signed the stipulation. B. Father gives little time and attention to the children, relying on grandparents as the primary care providers. C. Father and grandparents neglect the sanitary needs of the children. Mother receives the children for visitation with unwashed faces and in need of baths. One child has a persistent and serious exema rash. D. Father is at least negligent in his physical contact with the children. Recently, the Father hit one child on the side of the face with a baseball bat. While this was reported as an accident, the father has in the past demonstrated a violent temper. E. Father and grandparents are lax in their supervision. The 3-year- old child was reportedly left in the swimming pool without adult supervision. The 6- year-old child reported that he saved the younger child's life. In another instance, the 3- year-old child was found wandering down the street alone. Officer Crone of the Lower Allen Police Department reported an additional incident to the mother in which the children were found unsupervised and vandalizing a private residence. F. Father starts work at 4:00 p.m. and, as a result, has little contact with the children during non-school hours. Mother works part-time and can be home by 3:45 p.m., so as to afford maximum time with and attention to the children. G. Mother and her soon-to-be husband will be able to provide a loving and stable environment for the children. H. It is in the best interest of the minor children that Mother be granted primary physical custody of the children. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting the relief requested. Respectfully submitted: Dated: 4 w o v By: Patrick O'Connor, Esquire re 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney ID # 64720 ATTORNEY FOR DEFENDANT/PETITIONER VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Petitioner and that the information contained in the herein petition is based on information give to me by the Petitioner and is true and accurate to the best of my knowledge, information and belief. ,"JGPa4trick O'Connor, Esquire DATE: CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Petition for Modification of Custody to the party indicated below by depositing same in the United States mail, postage prepaid, and in accordance with the Pennsylvania Rules of Civil Procedure, at Camp Hill, Pennsylvania: Brian Knepper, Sr 40 South Scarsdale Drive Camp Hill, PA 17011 Christine J. Taylor, Esquire THE WILEY GROUP PC One South Baltimore. Street Dillsburg, PA 17019 DATE: 9l 1 AC G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) NO. 01-7085 Plaintiff ) VS. ) CIVIL ACTION - LAW -- IN CUSTODY CHARITY KNEPPER, ) Defendant ) AND NOW, comes Plaintiff BRIAN KNEPPER, SR., by and through his attorney, Christine J. Taylor, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Answer to Defendant's Petition for Modification of Custody, and in support thereof, respectfully represents the following: 1. - 4. Admitted. (A) Admitted in part and denied in part. It is admitted that the minor children currently reside with Plaintiff; however, it is denied that it has been since June, 2002. To the contrary, the minor children have resided with Plaintiff since approximately March, 2002. (B) Admitted in part and denied in part. It is admitted that the minor children began residing with Defendant on or about December 7, 2001; however they did not reside with her through June 6, 2002. To the contrary, the minor children began residing with Plaintiff in approximately March, 2002. (C) Admitted. (D) Admitted. (E) Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Charity Knepper, the mother of the minor children, currently resides at 129 North Sporting Hill Road, Mechanicsburg, Pennsylvania with Brian Howell. It is denied that Brian Howell is her "soon-to-be husband" and therefore strict proof thereof is demanded at trial. 8. (A) Admitted in part and denied in part. It is admitted that Plaintiff is the primary custodian of the minor children. It is denied that Defendant signed a custody stipulation while under duress. To the contrary, Defendant and her attorney David Lopez of MidPenn Legal Services signed the custody stipulation after sending her counsel two proposed agreements. (B) Denied. Plaintiff is the primary caretaker of the minor children and is home with the children when they return from day care and school. Plaintiff works from 11:00 p.m. until 7:30 p.m. Tuesdays through Fridays during which times Plaintiff's parents are at home while the children are sleeping. (C) Denied. To the contrary, Plaintiff avers that Defendant neglects the sanitary needs of the minor children as they have been returned hungry, unwashed and wearing soiled clothing. It is denied to the extent that Defendant's averment insinuates that the one minor child's exema is a result of Plaintiff. To the contrary, while the minor child, Taylor Knepper, has exema, Plaintiff notes that this condition is worsened after Taylor spends time at Defendant's residence. (D) Denied. It is denied that Plaintiff is neglectful in his physical contact with the children. To the contrary, he is present at home with the children all day on Saturdays, Sundays and Mondays. In addition he is home with the children once they return from day care and school. It is denied that Plaintiff has demonstrated a violent temper. To the contrary, Plaintiff filed a Protection from Abuse Order against Defendant and assault charges are currently pending against Defendant after an incident in which Defendant acted physically abusive toward Plaintiff and his mother in the presence of at least on of their children. Plaintiff denies that he intentionally hit any of his children with a baseball bat. To the contrary, while playing outside, Plaintiff was unaware that one of the minor children walked behind Plaintiff who was swinging a baseball bat and who subsequently was hit. (E) Admitted in part and denied in part. It is denied that the 6-year old had to save the 3- year old's life. To the contrary, three (3) adults were supervising the minor children at which time the 3-year old slipped in the shallow end of a swimming pool. It is denied that the 3-year old was wandering down the street alone. Concerning the allegation that Officer Crone reported the minor children vandalizing a private residence, to the extent that a 3-year old and 6-year old are able to vandalize, these children left their babysitter's home and picked the neighbor's cherry tomatoes and were throwing them Plaintiff has since stopped using that particular babysitter as a result of the children leaving that residence without the babysitter's knowledge. No charges were filed concerning any vandalism. (F) Denied. Plaintiff works an 11:00 p.m to 7:30 a.m. shift Tuesdays through Fridays. It is denied that Mother works part-time and can be home by 3:45 p.m. and therefore, strict proof thereof is demanded at trial. (G) Denied. It is denied that Defendant and her soon-to-be husband will be able to provide a loving and stable environment for the minor children based upon Defendant's past conduct. To the contrary, Defendant's soon-to-be husband has made physical threats to Plaintiff. Furthermore, the children have returned from Defendant's home swearing. In addition, Defendant lives in a two (2) bedroom mobile home and she and her soon-to-be husband are expecting a child. The minor children all sleep in the same bed at Defendant's residence. Brian Howell has at least one other child born in or around September, 2002, who may or may not require sleeping accommodations at their residence as well. "Denied. To the contrary, it is in the children's best interest that Plaintiff continue to have primary physical custody of the minor children. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Petition for Modification of Custody. Respect y submitted, ,JJ s Date: !u f dmZ By: `` Christine J. Taylor, E e WILEY, LENOX, COLGAN & CCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. 982204 CERTIFICATE OF SERVICE I, Christine J. Taylor, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (Attorney for Defendant) WILEY, LENOX, COLGAN & MARZZACCO P.C. Date: GJ By: Christine J. Taylor, quire Supreme Court I.D. #822 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff I VERIFICATION I, Brian Knepper, Sr., verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: Brian Knepper, S . J tc ' _y fl ? 7 c. y? 1 fD NOV 1 8 2002 BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-7085 CIVIL TERM V. CHARITY KNEPPER, Defendant GUIDO, J.-- ORDER OF COURT CIVIL ACTION - LAW IN CUSTODY AND NOW, this day of November, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr. and Charity Knepper, shall have shared legal custody of the minor children: Taylor Knepper, born on August 11, 1996, Robert Knepper, born on January 14, 1998, and Brian Knepper, Jr., born on April 13, 1999. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. Each party agrees not to attempt to alienate the affections of the. children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete, and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either part of the parent. 2. Physical Custody. Primary physical custody of the minor children shall be with the Plaintiff, Brian Knepper, Sr. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: A. Effective November 8, 2002, on alternate weekends, from Friday at 4:30 p.m. until Monday when the children are returned to Father or school. NO. 01-7085 CIVIL TERM B. Effective November 5, 2002, each week on Monday and Tuesday from 4:30 p.m. until 7:30 p.m. 4. Holidays. A. Mother will have physical custody of the children on Mother's Day. Father will have physical custody of the children on Father's Day. B. Easter. The Easter holiday shall be enjoyed in two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. until 8:00 p.m. on Easter and Segment B shall be from 9:00 a.m. until 8:00 p.m. on the Saturday preceding Easter. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Thanksgiving. Each year Mother shall have custody from 9:00 a.m. until 8:00 p.m. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving family celebration from 9:00 a.m. until 8:00 p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. D. Christmas. In even numbered years, Father shall have custody from December 2 at noon through December 25th at noon, with Mother having custody from December 25th at noon through December 26th at noon. In odd numbered years, Mother shall have custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. E. The holiday schedule, unless otherwise set forth, shall be from 9:00 a.m. until 7:30 p.m. F. The holiday schedule shall take precedence over the regular custody schedule. G. Trick or Treat Night. Mother shall have custody on Trick or Treat night in odd-numbered years. Father shall have custody on Trick or Treat night in even-numbered years. The custodial time for Trick or Treat night shall be from 5:30 p.m. until 8:30 p.m. a ? NO. 01-7085 CIVIL TERM 5. Transportation. The parent who is to begin the custodial time with the minor children shall be the responsible party to pick up the children. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 6. Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 7. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guest comply with this provision. 8. Both parents shall refrain from making derogatory comments about the other parent in the presence of the minor children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 9. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore Shore School District or the school district in which Father resides beginning with the academic year 2002-2003. 10. Summer. During the summer school recess the parties shall have a week-on week-off custodial arrangement. To commence with the first Sunday following the dismissal of school for the academic year, Mother shall have custody for a one week period until the following Sunday. The parents shall continue their alternating custodial schedule throughout the school's summer recess period. 11. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. In the absence of such agreement the terms of this Order shall control. BY Edward E. Guido, J. Dist: Christine Taylor, Esquire, 1 South Baltimore Street, Dillsburg, PA 17019 Patrick O'Connor, Esquire, 3105 Old Gettysburg Road, Camp Hill, PA 17011 0= U_ &/ga, ???ts N? ins ?jl rzra.?a?= _.. b a3 wts <: ?- ?.? a?na ?. „-.c-rv-xc zu*aeea-»,. v,a eau ?6rvN3yGlfaaFm39t-'„p. BRIAN KNEPPER, SR., Plaintiff V. CHARITY KNEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor Knepper August 11, 1996 Father Robert Knepper January 14, 1998 Father Brian Knepper, Jr. April 13, 1999 Father 2. The parties were are seen for their second Custody Conciliation Conference on November 5, 2002 pursuant to a petition filed by the Defendant Mother on October 1, 2002. Attending the conference were: the Father, Brian Knepper, Sr., and his counsel, Christine Taylor, Esquire; the Mother, Charity Knepper, and her counsel, Patrick O'Connor, Esquire. 3. The parties worked diligently and reached an agreement in the form of an Order as attached. Date :164928 Melissa Peel G evy, Esquire Custody Conciliator I BRIAN KNEPPER, SR. PLAINTIFF V. CHARITY KNEPPER DEFENDANT . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 01-7085 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 07, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, May 04, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevv Esq. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 d. , M, 11IR APR I z2a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) NO. 01-7085 Plaintiff ) VS. ) CIVIL ACTION - LAW -- IN CUSTODY CHARITY KNEPPER, ) Defendant ) ORDER OF COURT AND NOW, this _ day of , 2004, upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2004, at .M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five (5) or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) NO. 01-7085 Plaintiff ) VS. ) CIVIL ACTION - LAW -- IN CUSTODY CHARITY KNEPPER, ) Defendant ) PLAINTIFF'S PETITION TO MODIFY CUSTODY AND NOW, comes Brian Knepper, Sr., by and through his attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition to Modify Custody, respectfully averring as follows: Petitioner is Brian Knepper, Sr. (hereinafter "Father"), who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Charity Knepper (hereinafter "Mother"), who is believed to be residing at 1206 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102. The parties are the natural parents of three (3) children: Taylor Knepper, born on August 11, 1996; Robert Knepper, born on January 14, 1998; and Brian Knepper, Jr., born on April 13, 1999. 4. On December 18, 2001, Father filed a Complaint For Custody in This Court. 5. On June 6, 2002, the parties entered into an Agreement and Stipulation of Custody providing for them to share legal custody, and for Father to have primary physical custody subject to Mother's rights of partial physical custody. This Agreement and Stipulation of Custody was adopted as an Order of Court by The Honorable Edward E. Guido on June 21, 2002. (Attached hereto as Exhibit "A"). 6. On or about September 25, 2002, Mother filed a Petition for Modification of custody. 7. On November 19, 2002, following a Custody Conciliation Conference before Melissa Peel Greevy, Esquire, Judge Guido issued an Order of Court confirming primary physical custody in Father. The only substantive modification to the previous Order was that the parties would share the summer school vacation on a week-on / week-off basis. (Attached hereto as Exhibit `B"). Father submits that it is in the best interests of the children to modify the existing Custody Order to remove the week-on / week-off summer custody provision, for the following reasons: a) Mother has recently moved from her residence in Mechanicsburg to an apartment in downtown Harrisburg. b) To this date, Mother has not informed Father of her new address or even of the fact that she has moved. c) Father was informed by the children that Mother was living somewhere new, but are too young to adequately explain the location of that residence. d) Father has only learned of Mother's new address through his own investigation. e) From what Father has heard from his children, it appears that Mother's apartment is physically inadequate to accommodate all three (3) children for an extended period. f) Father is concerned that the children are not being properly cared for in that they repeatedly return to his custody complaining of hunger despite the fact that Mother has supposedly provided dinner to them. g) The children have complained that Mother's husband persists in making derogatory comments about Father in their presence. h) It is believed, and therefore averred, that the children do not desire to spend more time than they do during the school year at Mother's residence during the summer months. WHEREFORE, Petitioner respectfully requests This Honorable Court to modify the current Custody Order to reduce the amount of time the children spend with Respondent during the summer. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: Xr Bradley Winnick, Esquire ID # 78 3 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: 4 /3 1 Jo `/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) NO. 01-7085 Plaintiff ) VS. ) CHARITY KNEPPER, ) Defendant ) ORDER AND NOW, this I AI- day of 2002, upon consideration of the foregoing Agreement and Stipulation of Custody and on motion of Christine J. Taylor, Esquire, counsel for Plaintiff, Brian Knepper, Sr., and with the agreement of David Lopez, Esquire, counsel for Defendant, Charity Knepper, it is hereby Ordered, Adjudged and Decreed that the terms, conditions and provisions of the attached Agreement and Stipulation of Custody of the parties are adopted as an Order of Court as if set forth herein at length. J. Distribution: David Lopez, Esq., Mid Penn Legal Services, 8 Irvine Row, Carlisle, PA 17013 Christine Taylor, Esq., 1 South Baltimore Street, Dillsburg, PA 17019 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPEIt, SR., ) NO. 01-7085 n a Plaintiff ) t- -4 rTtf,. ay .'i VS. )) CIVIL. ACTION - LAW -- 150USTDDY, 2: - CHARITY KNEPPER, Defendant AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this V' "- day of (//_? ??? , 2002, the Plaintiff and Defendant, having reached an agreement re j*ding custody in the best interest and welfare of their minor children, Taylor Knepper, born August 11, 1996; Robert Knepper, born January 14, 1998; and Brian Knepper, Jr., bom April 13, 1999, desire to legally obligate themselves to adhere to the terms of said agreement:. 1. The parties will share joint legal custody of their minor children. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other ofthe emergency and consult with him or her as soon as possible. Each party shall be entitled to complete, and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party of the parent. 2. Primary physical custody of the minor children shall be with Plaintiff, Brian Knepper, Sr. 3. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: (a) Beginning the weekend of May 24, 2002, every other weekend from Friday at 5:00 p.m. until Sunday at 7:30 p.m. (b) Beginning on Monday, June 3, 2002, every other Monday and Tuesday from 4:00 p.m. until 7:00 p.m. (c) During the summer months when school is not in session and beginning the first Sunday of the summer recess, every Sunday at 7:30 p.m. until Wednesday at 7:30 p.m. 4. Holidays: (a) Mother will have physical custody of the children on Mother's Day. (b) Father will have physical custody of the children on Father's Day. (c) Easter, in 2002 and every even-numbered year thereafter, Father will have the minor children on Easter. Beginning in 2003, and every odd-numbered year thereafter, Mother will have the minor children on Easter. (d) Thanksgiving, in 2002 and every even-numbered year thereafter, Mother will have the minor children on Thanksgiving from 9:00 A.M. until 3:00 P.M., alternating with Father on odd-numbered years. (e) Christmas in even-numbered years, Father shall have the right of custody from December 24 at Noon through December 25 at Noon, with Mother having custody from December 25 at Noon through December 26 at Noon. In odd- numbered years, Mother shall have the right of custody from December 24 at Noon through December 25 at Noon, with Father having custody from December 25 at Noon through December 26 at Noon. (f) The holiday schedule, unless otherwise set forth, shall be from 9:00 A.M. until 7:30 P.M. (g) The holiday schedule shall take precedence over the regular custody schedule. 5. Transportation - The parent who is to begin the custodial time with the minor children shall be the responsible party to pick up the children. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 6. Each parent shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision 8. Both parents shall refrain from making derogatory comments about the other parent in the presence of the minor children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 9. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore School District or the school district in which Father resides beginning with the academic year 2002-2003. I IN UTrA= oF, the parties hereto have hereunto set their hands and seals the day and year first above written. G istine J. Taylo£P Attorney for Plaintiff David Lopez, Esquire Attorney for Defendan Brian Knepper ., laintiff 4ty Kn er, Defendant NOV 18 2002 BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CHARITY KNEPPER, Defendant GUIDO, J.-- NO.01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 0 day of November, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr. and Charity Knepper, shall have shared legal custody of the minor children: Taylor Knepper, born on August 11, 1996, Robert Knepper, born on January 14, 1998, and Brian Knepper, Jr., born on April 13, 1999. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having. physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete, and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either part of the parent. 2. Physical Custody. Primary physical custody of the minor children shall be with the Plaintiff, Brian Knepper, Sr. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following. schedule: A. Effective November 8, 2002, on alternate. weekends, from Friday at 4:30 p.m. until Monday when the children are returned to Father or school. NO. 01-7085 CIVIL TERM B. Effective November 5, 2002, each week on Monday and Tuesday from 4:30 p.m. until 7:30 p.m. 4. Holidays. A. Mother will have physical custody of the children on Mother's Day. Father will have physical custody of the children on Father's Day. B. Easter. The Easter holiday shall be enjoyed in two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. until 8:00 p.m. on Easter and Segment B shall be from 9:00 a.m. until 8:00 p.m. on the Saturday preceding Easter. In even-numbered. years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Thanksgiving. Each year Mother shall have custody from 9:00 a.m. until 8:00 p.m. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving family celebration from 9:00 a.m. until 8:00 p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. D. Christmas. In even numbered years, Father shall have custody from December 24 at noon through December 25th at noon, with Mother having custody from December 25th at noon through December 26th at noon. In odd numbered years, Mother shall have custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. E. The holiday schedule, unless otherwise set forth, shall be from 9:00 a.m. until 7:30 p.m. F. The holiday schedule shall take precedence over the regular custody schedule. G. Trick or Treat Night. Mother shall have custody on Trick or Treat night in odd-numbered years. Father shall have custody on Trick or Treat night in even-numbered years. The custodial time for Trick or Treat night shall be from 5:30 p.m. until 8:30 p.m. NO. 01-7085 CIVIL TERM 5. Transportation. The, parent who is to begin the custodial time with the minor children shall be the responsible party to pick up the children. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 6. Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 7. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guest comply with this provision. 8. Both parents shall refrain from making derogatory comments about the other parent in the presence of the minor children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 9. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore Shore School District or the school district in which Father resides beginning with the academic year 2002-2003. . 10. Summer. During the summer school recess the parties shall have a week-on week-off custodial arrangement. To commence with the first Sunday following the dismissal of school for the academic year, Mother shall have custody for a one week period until the following Sunday. The parents shall continue their alternating custodial schedule throughout the school's summer recess period. 11. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. In the absence of such agreement the terms of this Order shall control. TRUE COPY r-p1 FCR In Te imony whereof, I hire unto set ray hand atad seal o. s?i 11 Court at CurlisltiFa. ® r towara t, (3ulao, Dist: Christine Taylor, Esquire, 1 South Baltimore Street, Dillsburg, PA 17019 Patrick O'Connor, Esquire, 3105 Old Gettysburg Road, Camp Hill, PA 17011 n?a.: BRIAN KNEPPER, SR., Plaintiff V. CHARITY KNEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor Knepper August 11, 1996 Father Robert Knepper January 14, 1998 Father Brian Knepper, Jr. April 13, 1999 Father 2. The parties were are seen for their second Custody Conciliation Conference on November 5, 2002 pursuant to a petition filed by the Defendant Mother on October 1, 2002. Attending the conference were: the Father, Brian Knepper, Sr., and his counsel, Christine Taylor, Esquire; the Mother, Charity Knepper, and her counsel, Patrick O'Connor, Esquire. 3. The parties worked diligently and reached an agreement in the form of an Order as attached. 6I I h)I- Date Melissa Peel G evy, Esquire Custody Conciliator :164928 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: 3 jL ©7 iw?2 4??- BRLAN KNEPPER . CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the within Petition to Modify Custody to be served upon the following by depositing same in first class United States Mail, postage prepaid, addressed as follows: G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Charity Knepper 1206 North Second Street Harrisburg, PA 17102 By: -g W Bradt . Winnick, Esquire Dated: 3 /j 1 1o'fl o c (D hJ C ..3;vF=^F.ze.-ipT."m?114fi2"?.`?.?he$,?4'ti°, I?'N''Nk"s%XAN'Ftii%"?w:.d?}46tl--i'•IM1 "..?=-:dyipe - ?- t.. Nan YaT?ii,4?,a?_ 3?°`??C@ ice,. ?' ? BRIAN KNEPPER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-7085 CIVIL ACTION LAW CHARITY KNEPPER NOW, CHARITY HOWELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 26, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, May 25, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. 1 10 IF' Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4,2 iL'0Z CE! :fij Er?;? rr (?G? ob. vepfi ?c EIV LY APR 2 0 2006 _- BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff-Respondent: CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW CHARITY KNEPPER now, IN CUSTODY CHARITY HOWELL, Defendant-Petitioner: NO. 01-7085 ORDER OF COURT You, Brian Knepper, Sr., Plaintiff-Respondent, have been sued in court to amend custody of the children: Tavlor Knepper, Robert KnUper, and Brian Knepper, Jr. You are ordered to appear in person at on , at , a.m./p.m., for a conciliation or mediation conference - a pretrial conference - a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. Al 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. Date: By the Court: J. BRIAN KNEPPER, SR., PLAINTIFF-RESPONDENT V. CHARITY KNEPPER now CHARITY HOWELL, DEFENDANT-PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. : NO. 01-7085 : CIVIL ACTION -LAW : IN CUSTODY PETITION TO AMEND CUSTODY ORDER AND NOW, TO WIT, this 'day of o 2006, comes the Defendant, Charity Howell, by and through her attorney, Jane M. Alexander, Esquire, and files this Petition of which the following is a statement: 1. Plaintiff-Respondent is Brian Knepper, Sr., an adult individual who currently is incarcerated in the Cumberland County Prison, Carlisle, Pennsylvania 17013. His home address is 40 Scarsdale Drive, Camp Hill, Pennsylvania 17011. 2. Defendant-Petitioner is Charity Howell, an individual residing at 1206 North Second Street, Apartment 1, Harrisburg, Dauphin County, Pennsylvania 17102. 3. Plaintiff and Defendant were married June 13, 1997. Plaintiff filed for divorce in the Court of Common Pleas of Cameron County, Pennsylvania to Number 99-5376 and a decree in divorce was granted January 13, 2000 by Judge Vernon D. Roof. 4. The parties have shared legal custody with Father having primary, physical custody of their children, Taylor Knepper, born August 11, 1996, 9 years of age; Robert Knepper, born January 14, 1998, 8 years of age; and Brian Knepper, Jr., born April 13, 1999, 7 years of age, under an order of court dated May 11, 2004 of Judge Edward E. Guido. A copy of said Order marked Exhibit "A" is attached hereto and made a part hereof. A- 5. Mother is seeking an amendment to the existing order requesting that she have primary, physical custody and joint legal custody with visitation for the Father to be determined upon his release from incarceration. 6. The children wish to reside with Mother and have continually stated this desire prior to and since the date of Father's incarceration. Further, Mother can and has provided a stable home life and believes that it is in the children's best interests to reside with a parent, rather than a grandparent, so as to continue fostering the parent-child relationship. 7. Taylor Knepper was born prior to the date of marriage. Robert Knepper and Brian Knepper, Jr. were born during the marriage. 8. During the past two and a half (2.5) years the children have been residing with the Plaintiff at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 9. The children have resided with Father's mother, the paternal grandmother of the children, Patsy Knepper, at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011, since Father's date of incarceration. 10. The relationship of Plaintiff-Respondent to the children is that of natural father. The Father is not married and currently is incarcerated at the Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania 17013. 11. The relationship of Defendant-Petitioner to the child is that of natural mother. The Mother currently resides at 1206 North Second Street, Apartment 1, Harrisburg, Dauphin County, Pennsylvania 17102 with her husband Brian Howell. The parties were married on June 10, 2003. 12. The Defendant-Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 13. The Defendant-Petitioner has no information of a custody proceeding concerning the children pending in any other court within this Commonwealth. 14. The Defendant-Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interests and permanent welfare of the children will be best served by granting the relief requested because the Mother can and has provided a stable home life. Also, the children wish to reside with their mother and have continually stated this desire prior to and since the date of Father's incarceration. Further, Mother believes that it is in the children's best interests to reside with a parent, rather than a grandparent, so as to continue fostering the parent-child relationship. WHEREFORE, Defendant requests your Honorable Court to amend the current order to give her primary physical custody and joint legal custody of the children with visitation for the Father to be determined upon his release from incarceration. submitted, M. Attorney for Plaibtiff t48 omey I.D. #07355 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 s VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. DATE: . 6/" W>a CharityH/t ell formerly known 66 C Knepper COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S. Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Charity Howell formerly known as Charity Knepper who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Sworn to and subscriW bef re this Y" day of .2006. Charity H el formerly known as arity n per Public v Notanal Seal Leslie K. Neidig, Notary Public LM M Wamngton Twk County y Commission C=',,,Yo preFeb. 42007 Member, P??;na:??Iv nle q;sociation Of Notaries MAY 904 L? BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-7085 CIVIL TERM V. CHARITY KNEPPER, Defendant GUIDO, J.-- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of May, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr. and Charity Knepper, shall have shared legal custody of the minor children: Taylor Knepper, born on August 11, 1996, Robert Knepper, born on January 14, 1998, and Brian Knepper, Jr., born on April 13, 1999. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete, and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either part of the parent. 2. Physical Custody. Primary physical custody of the minor children shall be with the Plaintiff, Brian Knepper, Sr. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: A. Effective May 14, 2004, on alternating weekends from Friday at 4:30 p.m. until Sunday at 7:30 p.m. NO. 01-7085 CIVIL TERM B. Each week on Monday and Tuesday from 4:30 p.m. until 7:30 p.m. 3. Holidays A. Mother will have physical custody of the children on Mother's Day. Father will have physical custody of the children on Father's Day. B. Easter. The Easter holiday shall be enjoyed in two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. until 8:00 p.m. on Easter and Segment B shall be from 9:00 a.m. until 8:00 p.m. on the Saturday preceding Easter. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Thanksgiving. Each year Mother shall have custody from 9:00 a.m. until 8:00 p.m. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving family celebration from 9:00 a.m. until 8:00 p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. D. Christmas. In even numbered years, Father shall have custody from December 24 at noon through December 25th at noon, with Mother having custody from December 25"h at noon through December 26th at noon. In odd numbered years, Mother shall have custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. E. The holiday schedule, unless otherwise set forth, shall be from 9:00 a.m. until 7:30 p.m. F. The holiday schedule shall take precedence over the regular custody schedule. G. Trick or Treat Night. Mother shall have custody on Trick or Treat night in odd-numbered years. Father shall have custody on Trick or Treat night in even-numbered years. The custodial time for Trick or Treat night shall be from 5:30 p.m. until 8:30 p.m. NO. 01-7085 CIVIL TERM 4. Transportation. Mother may pick up the children from the daycare center on the Fridays of her custodial weekends, Otherwise, the parties will use a neutral exchange point of the McDonald's at the intersection of Trindle Road and St. John's Church Road. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 5. Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 6. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guest comply with this provision. 7. Both parents shall refrain from making derogatory comments about the other parent in the presence of the minor children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 8. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore Shore School District or the school district in which Father resides. 9. Summer. During the summer schaoi rocess the parties shall have a week-on week-off custodial arrangement. To commence at 4:30 p.m. on the first Sunday following the dismissal of school for the academic year, Mother shall have custody for a one week period until the following Sunday at 4:30 p.m. The parents shall continue their alternating custodial schedule throughout the school's summer recess period. Mothers hall be responsible for arranging daycare or babysitting during her summer custodial weeks. Father shall be responsible for arranging daycare or babysitting during his summer custodial weeks. 10. The parties shall attend the seminar for separating: families, and shall, within sixty (60) days of the date of this Order file a Certificate of Attendance with the Court indicating their compliance with this paragraph of the Order. y. .. A NO. 01-7085 CIVIL TERM 11. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. In the absence of such agreement the terms of this Order shall control. Dist: Bradley A. Winnick, Esquire, 130 W. Church Street, Dillsburg, PA 17019 Jane M. Alexander, Esquire, 148 S. Baltimore Street, Dillsburg, PA 17019 TRUE COPY FROM RECORD Testimony where f, I here unto set my hand and?}o soot of said Cou ariisle, Pa. ^ L Edward E. Guido, J. I .- i? Ty S T. C.?t y • ??` j PQ? BRIAN KNEPPER, SR, Plaintiff/Respondent VS. CHARITY KNEPPER now CHARITY HOWELL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. 01-7085 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this q11' day of YA ft? _, 2006 personally appeared Jane M. Alexander, Esquire who swears accor Ping to law, that a true and correct copy of a PETITION TO AMEND CUSTODY ORDER was caused to be served by certified mail with return receipt requested upon the said, Brian Knepper, Sr. Cumberland County Prison Carlisle, PA 17013 on May 5, 2006 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. Utomey I.D. #67355 48 S. Baltimore Street PA 17019-0421 (717) 432-4514 Sworn and subscribed before me this q day of aM aw 2006. Notary Public COMIyIONWEALTH OF PENNSYLVANIA L Notarial Seal me wnnsylvania Association of Notaries 2 r BRIAN KNEPPER, SR., Plaintiff/Respondent VS. CHARITY KNEPPER now CHARITY HOWELL, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 01-7085 CIVIL ACTION - LAW IN CUSTODY PROOF OF SERVICE jr m f . m m OFFICIAL. SE -n ?- Poatpe t eOMA uHG P,q 7) O r3 P r3 Pastas* ( ndwseme,aaR 5aledj ?- 0 L LuUu O- Restdcted De9veryFee ®? u'7 (Endorsement Reguired7 M1 E3 Total Postage&Fees $ Vsps p ant TO o §?fian 4t e?} ete iEe n$ 1142,,'and-3. Alsc complete `41? Agent if Restricted Delivery is desired. ss on the reverse - - ddr d X Addressee - e a purname an t we can return the c o you _ - _ B. Received y (Pr! t f1 ame , C. Date of Delivery this card to the back 6fifie mallplece,, - ace pe"its. - he front if --= - - - Is delivery ad re d Brent from ml? Q Yes D _ Addressed fi . If YES, enter delivery address below: El No le'? 7013' _-_ 3. Service type WCertifled Mail ? Express Mail 0 Registered Return Receipt for Merchandise ? Insured Mall ? C.O.D. - ----------------- 4. Restricted Delivery? (Extra Feel ? Yes - + 7Fam- servke Taw 71104 0750 0003 6356 1883 Numb ?- - - -1 Februa 2004 Domestic Return Receipt iazsm?-m-1W CJ c?a ? a Z7 G ? fV (rn r D? SAP 2 1 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV BRIAN KNEPPER, SR., ) Plaintiff / Respondent ) VS. ) CHARITY KNEPPER, n/k/a ) CHARITY HOWELL, ) Defendant / Petitioner ) NO. 01-7085 CPAL TERM C1VH. ACTION - LAW -- IN CUSTODY PLAINTIFF'S PRETRIAL CUSTODY MEMORANDUM A. FATHER' S POSMON ON CUSTODY The parties are the parents of three (3) minor children: Taylor Knepper, born on August 11, 1996; Robert Knepper, born on January 14, 1998; and Brian Knepper, Jr., born on April 13, 1999. Upon their separation in 1999, the parties shared custody without an Order of Court. In December 2001, Father filed a Complaint for Custody in This Honorable Court and on February 21, 2002, Father was awarded primary physical custody of all three (3) boys. Seven (7) months later, Mother sought to modify the custody Order which had just been entered. This Honorable Court confirmed primary physical custody to be with Father, but awarded week on / week off custody during the summer. The children have remained in Father's primary physical custody for the past four and one-half (4 1/2) years. In July 2003, Mother married Brian Howell. Some time after the marriage, Mother and Mr. Howell moved from their residence in Mechanicsburg without notice to Father. Since all custody exchanges were either to or from school or day care, Father only learned of the move from the comments of his children. In March 2004, Father finally filed a Petition to Modify Custody to address his need to know where his children were when in Mother's care. It was learned that Mother had moved to a small apartment in the city of Harrisburg. Father and children have resided at the same residence with his parents for several years. Father and the children have their own apartment at the residence and benefit from having grandparents on hand to offer assistance and a nurturing extended family environment. Mother's petition claims that she can offer a stable home life for the children, but it is actually father who has kept them in a stable home and at the same schools all these years. As previously stated, Mother moved into the city of Harrisburg following her marriage. She has apparently moved now to a new location within the city of Harrisburg. Father acknowledges that he made a mistake in 2004 when he was arrested in possession of cocaine. He is currently on probation and is employed full time. He denies that his error in judgment ever affected the children or that he ever used controlled substances when with the children. While an embarrassment to him, and something for which he will be ashamed to have to explain to his children when they are older, he believes it is in the best interests of the children to maintain the stability he has provided for them. The children are currently enrolled in the same schools they have always attended. The only period this was not the case was the period between April 2006 and the end of the school year when the children were in Mother's care. At that time, the children were enrolled in the Ron Brown charter school, which no longer exists. B. R'TTNESSES 1. Brian Knepper - Will testify to his history as primary physical custodian of the children, the stability he has provided his children and what steps he has taken to rectify the mistakes he made which led to his incarceration. 2. Pat Knepper - Ms. Knepper is the children's grandmother and will testify to Father's relationship with the children, the circumstances of their day to day home life and the role she has always provided in caring for the children. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: Bradle A innick, Esquire D#7 3 130 Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: September 20, 2006 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., ) Plaintiff / Respondent ) VS. ) CHARITY KNEPPER, n/k/a ) CHARITY HOWELL, ) Defendant / Petitioner ) NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW -- IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the within Pretrial Custody Memorandum to be served upon the following by depositing same in first class United States Mail, postage prepaid, and via fax, addressed as follows: Jane Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 FAX - 502-1087 By: Bradley A. Winnick, Esquire Dated: September 20, 2006 BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-7085 CIVIL TERM CHARITY KNEPPER, n/k/a CIVIL ACTION - LAW CHARITY HOWELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 25th day of September, 2006, after hearing, all prior Orders are vacated and replaced with the following: 1. Legal Custody. The parties, Brian Knepper, Sr., and Charity Howell, shall have shared legal custody of the minor children: Taylor Knepper, born on August 11, 1996, Robert Knepper, born on January 14, 1998, and Brian Knepper, Jr., born on April 13, 1999. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's rights to shared legal custody of children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of.,concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent.having physical custody of the children at the time of the emergency shall be permitted to make any r, immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to each party. 2. Physical Custody. Primary physical custody shall be with the Defendant, Charity Howell, during the school year, effective September 28, 2006, to give her the opportunity to have the children enrolled without having them miss any school. Plaintiff shall have periods of partial physical custody as follows: A. Alternating weekends from Friday at 4:30 p.m. until Sunday at 7:30 p.m. Provided, however, that if the children have off school on the Monday following Father's weekend, the visitation shall extend until Monday at 7:30 p.m. B. Each Monday and Wednesday from 4:30 p.m. until 7:30 p.m. 3. Holidays. A. Mother will have physical custody of the children on Mother's Day. Father will have physical custody of the children on Father's Day. B. Easter. The Easter holiday shall be enjoyed in two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. until 8:00 p.m. on Easter, and Segment B shall be from 9:00 a.m. until 8:00 p.m. on the Saturday preceding Easter. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Thanksgiving. Each year Mother shall have custody from 9:00 a.m. until 8:00 p.m. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving celebration from 9:00 a.m. until 8:00 p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. D. Christmas. In even-numbered years, Father shall have custody from December 24th at noon through December 25th at noon, with mother having custody from December 25th at noon through December 26th at noon. In odd-numbered years, Mother shall have custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. E. The holiday schedule, unless otherwise set forth, shall be from 9:00 a.m. until 7:30 p.m. F. The holiday schedule shall take precedence over the regular custody schedule. G. Trick or Treat Night. Mother shall have custody on Trick or Treat night in odd-numbered years. Father shall have custody on Trick or Treat night in even-numbered years. The custodial time for Trick or Treat night shall be from 5:30 p.m. until 8:30 p.m. 4. Transportation. Unless otherwise agreed by the parties, the party relinquishing physical custody of the children shall provide transportation. 5. Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 6. Both parents shall refrain from making derogatory comments about the other parent in the presence of the minor children and to the extent possible shall prevent third parties z Y from making such comments in the presence of the children. 7. Summer. During the summer school recess the parties shall have a week-on week-off custodial arrangement. To commence at 4:30 p.m. on the first Sunday following the dismissal of school for the academic year, Father shall have custody for a one-week period until the following Sunday at 4:30 p.m. The parents shall continue their alternating custodial schedule throughout the school's summer recess period. Father shall be responsible for arranging daycare or babysitting during his summer custodial weeks. 8. Mother shall see to it that the children take any medication which is prescribed by a physician. She shall immediately schedule an appointment with the children's pediatrician to see what medication has been prescribed, and it shall continue to be given until a physician tells her in writing otherwise. Father shall provide Mother with copies of his insurance cards with respect to the children and shall sign any necessary releases so that the pediatrician and other medical providers will cooperate with mother. By the E. Gu Aradley A. Winnick, Esquire For the Plaintiff/Respondent /ane M. Alexander, Esquire For the Defendant/Petitioner , srs J. 'Y» jno q" : h ?J 9Z d3S 90oz AWIO K j q.Lo8d 2W d0 AA x ,.. _. BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL : CIVIL ACTION -LAW : IN CUSTODY MOTION FOR CONSOLIDATION AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Motion for Consolidation, and in support thereof, avers as follows: 1. The Plaintiff is Brian Knepper, Sr. who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charity Knepper, n/k/a Charity Howell, who currently resides at 1934 Forster Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The parties' children are: Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. A prior custody action was filed with the Cumberland County Court of Common Pleas docketed at 01-7085 CIVIL TERM. 5. On May 7, 2008, Plaintiff filed the above-captioned custody action in the Dauphin County Court of Common Pleas. 6. The parties later stipulated that the Dauphin County case be transferred from the Dauphin County Court of Common Pleas to the Cumberland County Court of Common Pleas. 7. When the Dauphin County case was transferred, the case was given the new docket number 08-4849. 8. Since there was a prior custody action in Cumberland County, we respectfully request that docket 08-4849 be consolidated with the prior docket 01-7085. WHEREFORE, Plaintiff respectfully requests This Honorable Court consolidate docket 08- 4849 with the prior docket 01-7085. Respectfully submitted, COLG RZZACCO LLC Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated: D?f Fax: (717) 502-5050 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the Motion for Consolidation upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Date: 65? Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 By: Thomas M. Clark, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 ?J ?p -i- BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL ? : CIVIL ACTION -LAW : IN CUSTODY AMENDED MOTION FOR CONSOLIDATION AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Amended Motion for Consolidation, and in support thereof, avers as follows: 1. The Plaintiff is Brian Knepper, Sr. who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charity Knepper, n/k/a Charity Howell, who currently resides at 1934 Forster Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The parties' children are: Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. A prior custody action was filed with the Cumberland County Court of Common Pleas docketed at 01-7085 CIVIL TERM. 5. On May 7, 2008, Plaintiff filed the above-captioned custody action in the Dauphin County Court of Common Pleas. 6. The parties later stipulated that the Dauphin County case be transferred from the Dauphin County Court of Common Pleas to the Cumberland County Court of Common Pleas. 7. When the Dauphin County case was transferred, the case was given the new docket number 08-4849. 8. Since there was a prior custody action in Cumberland County, we respectfully request that docket 08-4849 be consolidated with the prior docket 01-7085. 9. The matter docketed at 01-7085 was previously assigned to the Honorable Judge Edward E. Guido for a custody hearing. 10. Undersigned Counsel spoke with Defendant's counsel, Jane Alexander, Esquire, regarding this Motion. Attorney Alexander stated that she concurs with consolidation of docket 08-4849 with prior docket 01-7085. WHEREFORE, Plaintiff respectfully requests This Honorable Court consolidate docket 08- 4849 with the prior docket 01-7085. By: Dated: vs' Respectfully submitted, COL RZZACCO LLC Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL : CIVIL ACTION -LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the Amended Motion for Consolidation upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Date: By: Thomas M. Clark, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 p c BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL CIVIL ACTION -LAW IN CUSTODY AMENDMENT TO MOTION FOR CONSOLIDATION AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Amendment to Motion for Consolidation, and in support thereof, avers as follows: 1. The matter docketed at 01-7085 was previously assigned to the Honorable Judge Edward E. Guido for a custody hearing. 2. Undersigned Counsel spoke with Defendant's counsel, Jane Alexander, Esquire, regarding this Motion. Attorney Alexander stated that she concurs with consolidation of docket 08-4849 with prior docket 01-7085. WHEREFORE, Plaintiff respectfully requests This Honorable Court consolidate docket 08- 4849 with the prior docket 01-7085. Respe 1 submitted, By: ?-- ?_ Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated: T dr ° 1V Fax: (717) 502-5050 i : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant Amendment to Motion for Consolidation upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Date: /1' d F X ??_ BY: Thomas M. Clark, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 9 C: N LTA C) BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL CIVIL ACTION -LAW IN CUSTODY AND NOW, this day of 2008 upon consideration of the within Motion for Consolidation, it is hereby Ordered that the case docketed at 08-4849 be consolidated with the prior case docketed 01-7085. J. 4"STRIBUTION: ?T?iomas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 Jane M. Alexander, Esquire, 148 South Baltimore Street, Dillsburg, PA 17019 ?11&lOJ9 CoplFS ,„atv BRIAN KNEPPER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-7085 CIVIL ACTION LAW CHARITY KNEPPER N/K/A CHARITY HOWELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 31, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john f. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -I)*- ?9-1? pow all y r? •d vt? ?. Aiic. S .C Hj I -130 HE 3 NOV p g 20??(A BRIAN KNEPPER, SR., Plaintiff V. CHARITY KNEPPER N/K/A CHARITY HOWELL Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7085 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this - 4- day of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are hereby VACATED and replaced with this Order. 2. A Custody Hearing is 4c 19 by scheduled on the ! day of March 2009 at •,b am/0L in Courtroom number in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Taylor Knepper, born 08/11/1996, Robert Knepper, born 01/14/1998 and Brian Knepper, Jr., born 04/13/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother shall have primary physical custody of the Children during the school year subject to Father's partial physical custody as follows: a. Father shall have physical custody of the Children on alternating weekends from Friday at 4:30 pm until Sunday at 7:30 pm. Provided, however, that if the Children have off school on the Monday following Father's weekend, the visitation shall extend until Monday at 7:30 pm. b. Father shall have physical custody every Monday and Wednesday from 4:30 pm until 7:30 pm. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 5. Custody evaluation: The parties have agreed to engage Debra Salem, or some other mutually agreed upon professional, to perform a custody evaluation. The parties shall actively participate in said evaluation. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: a. Mother's Day and Father's Day: Each parent shall have physical custody of the Children on their respective days. b. Easter: Easter shall be arranged in two segments, segment A and segment B. Segment A shall be from 9:00 am until 8:00 pm on Easter Sunday and segment B shall be from 9:00 am until 8:00 pm on the Saturday before Easter. In even numbered years, Father shall have segment A and Mother shall have segment B. In odd-numbered years, Mother shall have segment A and Father shall have segment B. c. Thanksgiving: Each year Mother shall have custody from 9:00 am until 8:00 pm. However, without regard to the regular weekend schedule, Father shall have the Children for his family's Thanksgiving celebration from 9:00 am until 8:00 pm on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. d. Christmas: In even numbered years, Father shall have custody from 12/24 at 12:00 pm through 12/25 at 12:00 pm, with Mother having custody from 12/25 at 12:00 pm until 12/26 at 12:00 pm. In odd-numbered years, Mother shall have custody from 12/24 at 12:00 pm until 12/25 at 12:00 pm, with Father having custody from 12/25 at 12:00 pm until 12/26 at 12:00 pm. e. Trick or treat night: Mother shall have custody of the Children on this night in odd- numbered years and Father shall have this night in even-numbered years. The custodial time for this night shall be from 5:30 pm until 8:30 pm. f. The holiday schedule, unless otherwise set forth, shall be from 9:00 am until 7:30 pm. g. The holiday schedule shall take precedence over the regular physical custody schedule. 8. Transportation: Unless otherwise agreed by the parties, the party relinquishing physical custody of the Children shall provide the transportation. 9. Summer: During the summer school recess, the parties shall have a week on/ week off custodial arrangement. To commence at 4:30 pm on the first Sunday following the dismissal of school for the academic year, Father shall have custody of a one week period until the following Sunday at 4:30 pm. The parents shall continue their alternating custodial schedule throughout the school's summer recess period. Father shall be responsible for arranging daycare or babysitting during his summer custodial weeks. 10. Mother shall see to it that the Children take any medication which is prescribed by a physician. Father shall provide Mother with copies of his insurance cards with respect to the Children and shall sign any necessary releases so that the pediatrician and other medical providers will cooperate with Mother. 11. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 13. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 14. After the custody evaluation has been completed, the parties have the option of contacting the assigned Conciliator in January or February 2009 to request a status conference as necessary or proper. 15. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent, the terms of this Order shall control. y the C J. Distribution: Thomas Clark, Esquire Jane Alexander, Esquire John J. Mangan, Esquire INl!e r4 kl (l.1 ? ? AON HOE BRIAN KNEPPER, SR., Plaintiff V. CHARITY KNEPPER N/K/A CHARITY HOWELL Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-7085 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION 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 pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Taylor Knepper 08/11/1996 Primary Mother Robert Knepper 01/14/1998 Primary Mother Brian Knepper, Jr. 04/13/1999 Primary Mother 2. A Conciliation Conference was held telephonically with regard to this matter on October 31, 2008 with the following individuals in attendance: The Mother's counsel, Jane Alexander, Esq. The Father's counsel, Thomas Clark, Esq. 3. Prior Orders of Court have been issued, the most recent Order dated September 25, 2006. 4. Father's position on custody is as follows: Father requests primary custody of the Children. Some of Father's major concerns relate to the Children's school. The Father has concerns about the Children attending school in Harrisburg and desire the Children to attend West Shore schools, where he resides. Father alleges that the Children miss school frequently. Both parents acknowledge communication issues between the parents. Both parents have agreed to engage Debra Salem for a custody evaluation and to actively participate in said evaluation. 5. Mother's position on custody is as follows: Mother requests the status quo with her having primary custody pursuant to the Order dated September 25, 2006 Order. Mother indicated that she is in fact moving to the Camp Hill area in approximately one month, so this would possibly alleviate some of Father's concerns. Mother indicates that expansion of Father's physical custodial time is not appropriate. Both parents have agreed to engage Debra Salem for a custody evaluation and to actively participate in said evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 7. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: ?v Jo J. , Esquire Cu dy trciliator