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HomeMy WebLinkAbout07-2466 STANLEY M. DEIMLER, JR., Plaintiff VS. CHRISTINE D. EPPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- al{l-4 CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY AND NOW, TO WIT, this)T?ly of , 2007, comes the Plaintiff, STANLEY M. DEIMLER, JR., by his attorneys, CARRUCOLI AND ASSOCIATES, PC, Esquires, and by Kelly M. Dick, Esquire, and files the following Complaint for Custody, whereof the following is a statement: 1. The Plaintiff is STANLEY M. DEIMLER, JR., an adult individual, who currently resides at 308 Wertz Avenue, Mechanicsburg, Pennsylvania, 17055. 2. The Defendant is CHRISTINE D. EPPS, an adult individual, who currently resides at 310 April Drive, Apt. 4, Camp Hill, Pennsylvania, 17011. 3. The Plaintiff and Defendant are the natural parents of the minor child: ARIZONA B. DEIMLER, born June 22, 2001. 4. The Plaintiff is STANLEY M. DEIMLER, JR., the natural Father of the child. He resides with his wife and two children born of that marriage. 5. The Defendant is CHRISTINE D. EPPS, the natural Mother of the child. She resides with her husband and the minor child. 6. The parties were never married. 7. The Mother currently has primary physical and legal custody of the minor child by oral agreement, and the Father has visitation. The Plaintiff Father seeks an Order providing for shared legal and physical custody of the minor child. 8. The Plaintiff believes it is in the child's best interest to have a set custody arrangement with her Father. 9. There has been no prior action for custody or visitation by any of these parties in this or any other jurisdiction. 10. The Plaintiff knows of no other person not a party to these proceedings who has physical custody of the child or who claims visitation rights. 11. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the minor child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order granting Petitioner Father shared legal and physical custody of the minor child, Arizona B. Deimler. Respectfully Submitted, CARRUCOLI & ASSOCIATES, PC By: , Z),t/( Ke y M. Okik, Esquire Attorney for Plaintiff Supreme Court I.D. No. 93167 875 Market Street, Suite 200 Lemoyne, Pennsylvania 17043 (717) 761-1274 Attorneys for Plaintiff VERIFICATION I verify that the statements made in this Complaint 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 unsworn falsifications to authorities. /?? Date: T --t?.., ' r / 3 J STANLEY M. DEIMLER, JR., Plaintiff VS. CHRISTINE D. EPPS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- g2q&(. CIVIL TERM Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, STANLEY M. DEIMLER, JR, Plaintiff, to proceed in forma au eris. I, Kelly M. Dick, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Respectfully Submitted, CARRUCOLI AND ASSOCIATES, PC B Y• Kelly M. ick, Esquire Supreme Court ID# 93167 875 Market Street, Suite 200 Lemoyne, PA 17043 (717)-761-1274 Attorneys for Plaintiff O C'' O x f -0 rT - 7 rlli 7 V -' D C7 ' c r r? F3 t 7 rn STANLEY M. DEIMLER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE D. EPPS DEFENDANT 07-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 30, 2007 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. ILPJ 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 C- - ;' LODZ STANLEY M. DEIMLER, JR., Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2466-CIVIL ACTION LAW CHRISTINE D. EPPS, Defendant CUSTODY AFFIDAVIT OF SERVICE I, Kelly M. Dick, hereby verify that on the 10th day of May, 2007, I served the Defendant with a true and correct copy of the Custody Complaint and Order of Court by one of the following methods: ( X ) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the 10th day of May, 2007. The return receipt signed by the Defendant is attached hereto. I verify that the statements made in this affidavit 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 unsworn falsification to authorities. Date: !v ?J Kelly M. Did, Esquire Supreme Court ID No. 93167 Carrucoli and Associates, PC 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 kellymd@carrucoliandassociates.com Attorneys for Plaintiff c •' ¦ Complete hems 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. A. Slonat X 0 q ¦ Print your name and address on the reverse - 0Addressees So that we Can return the card to you. ¦ Attach this card to the back of the mallpiece, B. Received by (Phnt ) C. e Dell very or on the front If space permits. V /r 1. Article Addressed to: D. Is delivery address li ferent Tram Item 1? 0 Yes r '?- ?? C If YES, enter delivery address below: (3 No I I ' . 1/(- 31o i l Apt 1 3. =e ? l? 'i/? ` 1 1 V + I t Mall ? Express Mail , l ROOWw ? Return Receipt for Machlw dlse j ' f 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes E 2. Article Number (Tntnsfbrl?om seevlce%ber7' 7004 1350 0003 4500 5 511 PS Form 3811, February 2004, , Domestic Return Receipt 102595-02-M-1540 t i r 'j, a CERTIFIED M AIL?, RE CEIPT Ln (Domestic Only; Provided) g ut F i= Q ° or delivery information l; H visit our website at www.usps.comi, ? t.n :• Postage $ 3 ffl. y?' NNS,. M M Certified Fee s • ¢I) 'l? 7 NAY 'T O E3 Return Reclept Fee (Endorsement Required) 't • ?+- tark y C3 R eatrlcted Delivery Fee (ErvloraementRequlrsd) tit •11tj r/?rltpr?' A q G, •'_ M 9 ? a Sent ° M ha . 6 -- - r`- sneer, wt. --w -------------------- s or PO box No. 3 10 .? f city 3Ya yf d-- • ---•----•--- ?crvct,i p tp ,- PS Form 3800, June 2002 Sep Rcver5e Lrucuons ? ? Q C ?-? -? ;? `-?1 - ?: ? _`? t '.. ?. ....-s ? 1 ') _. ? ;a "../+. l v FOR II 4 ?nm P? STANLEY M. DEIMLER, JR. Plaintiff VS. CHRISTINE D. EPPS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this //- day of q u-1- , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stanley M. Deimler, Jr. and the Mother, Christine D. Epps, shall have shared legal custody of Arizona B. Deimler, born June 22, 2001. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. Pending the follow up custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Father shall have partial physical custody of the Child every Sunday from 10:00 a.m. until 7:00 p.m. and every Thursday from 6:00 p.m. until 9:00 p.m. 4. For the Sunday periods of custody, the parent relinquishing custody shall be responsible to provide transportation for the exchange of custody. For the Thursday periods of custody, the Father shall be responsible to provide all transportation for the Child. 5. Neither parent shall use illegal drugs or consume alcohol to the point of intoxication during periods of custody or transportation of the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 4t?. r z-- rat (? 6. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on June 27, 2007 at 12:00 noon to further address the Father's request for expansion of custodial periods. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ? 11y M. Dick, Esquire - Counsel for Father J t,lwry W. Brown, Esquire - Counsel for Mother STANLEY M. DEIMLER, JR. Plaintiff VS. CHRISTINE D. EPPS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on May 30, 2007 with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., with his counsel, Kelly M. Dick, Esquire, and the Mother, Christine D. Epps, with her counsel, Jerry W. Brown, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Ma., ,Y/ x--00 7 Date Dawn S. Sunday, Esquire Custody Conciliator aoros zooV/ STANLEY M. DEIMLER, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-2466 CIVIL ACTION LAW CHRISTINE D. EPPS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 9 4 day of Q1" , 2007, upon consideration of the attached Custody Conciliation Report, it is orde d and directed as follows: 1. The parties shall make arrangements for the Child, and the parties if deemed necessary, to engage in counseling with a professional to be selected by agreement between the parties. The purpose of the family counseling shall be to address issues which have arisen in the custodial situation and to provide guidance to the parties as to the Child's perceptions and communications with each parent regarding periods of custody with the other parent. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. 2. The Father shall install locks on both doors in the fencing around the Father's back yard to ensure the Child's safety. 3. Pending further agreement between the parties or Order of Court, the prior Order of this Court dated June 11, 2007, shall continue in effect. 4. Following the family counseling, counsel for either party may contact the Conciliator within six (6) months of the date of this Order to schedule an additional custody conciliation conference, if necessary. BY THE COURT, cc: Kelly A. Dick, Esquire - Counsel for Father Jerry W. Brown, Esquire - Counsel for Mother`' L Z • II WV 01 TIr LOOZ 31HI 30 o % "JUCOE 2007 STANLEY M. DEIMLER, JR. Plaintiff VS. CHRISTINE D. EPPS Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on June 27, 2007, with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., with his counsel, Kelly M. Dick, Esquire, and the Mother, Christine D. Epps, with her counsel, Jerry W. Brown, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator STANLEY M. DEIMLER, JR., Plaintiff/Petitioner V. CHRISTINE D. EPPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2466 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Stanley Deimler, Jr., by and through his counsel, MidPenn Legal Services, states the following: 1. Plaintiff/Petitioner, hereinafter referred to as Father, resides at 308 Wertz Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant/Respondent, hereinafter referred to as Mother, is believed to reside at 310 April Drive - Apartment 4, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The above-named parties are the natural parents of Arizona B. Deimler, born June 22, 2001. 4. The current Custody Orders, attached as Exhibit "A" and "Exhibit B" and incorporated herein by reference, are dated June 11, 2007 and July 9, 2007. The Orders, in pertinent part, grant the parties shared legal custody of Arizona. Mother has primary physical custody with Father having periods 'of temporary physical custody every Sunday from 10:00 a.m. until 7:00 p.m. and every Thursday from 6:00 p.m. until 9:00 p.m. 5. Mother has willfully disobeyed the current Order, and therefore is not acting in Arizona's best interests, in ways including, but not limited to, the following: a. Mother has neither contacted Father to coordinate the ordered counseling for Arizona nor has she initiated such counseling for Arizona. b. Soon after the entry of the July 2007, Order, Mother stopped bringing the child to Father's home for Sunday visits. c. Soon after the entry of the July 2007, Order, Mother advised Father not to pick up Arizona for a Thursday night visit, explaining that Arizona had lice. d. Father attempted to discuss a change to the custody schedule in regard to the Thursday night visits and Mother has refused to discuss this request with Father and has yet to allow Father to even reinstate the Thursday visits with Arizona. e. Mother has not kept Father aware of Arizona' extracurricular activities and has provided Father with no information that he would otherwise be entitled to inasmuch as the parties share legal custody of Arizona. f. Since the July 9, 2007, Order, Father has seen Arizona on one occasion. g. Mother has deliberately interfered with Father's partial physical custody of Arizona. h. Mother's interference with Father's periods of partial physical custody negatively impacts Father's attempt to develop a healthy father/daughter relationship with Arizona. i. Mother's failure to advise Father of matters pertaining to legal custody of Arizona, prevents Father from actively participating in a parental capacity and renders him unable to contribute to decisions regarding Arizona's well-being. 8. Petitioner's counsel spoke to Respondent's prior counsel to request concurrence with the relief requested in this petition. Respondent's prior counsel, Jerry Brown, Esquire, advised that Respondent has been seeking other counsel and therefore it is believed that he does not have the authority to grant or deny concurrence in this matter. WHEREFORE, Father respectfully requests the following: a. That this Court find Mother in contempt of the existing July 9, 2007, Court Order. b. That this matter be scheduled for a custody conciliation. c. That Mother and Father continue to share legal custody of Arizona. d. That Mother retain primary physical custody of Arizona. e. That Father immediately be permitted to exercise his periods of partial physical custody in accordance with the existing custody schedule. f. The parties shall have reasonable contact via telephone and written correspondence with Arizona when she is in the other parent's custody. g. That Mother provide Father with all information relevant to legal custody to which he is entitled such as child care information, school information, doctor's visits, etc., in a timely manner. h. Any other relief this Court finds just and proper. Respectfully submitted, A(4- Assica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF/PETITIONER, Stanley Deimler, Jr., verifies that the statements made in the above Petition for contempt are true and correct. Plaintiff/Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, Date: relating to unsworn falsification to authorities. S nley M. imler, Jr. 6 STANLEY M. DEIMLER, JR., Plaintiff/Petitioner V. CHRISTINE D. EPPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2466 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff/Petitioner, Stanley Deimler, Jr., hereby certify that I have served a copy of the forgoing Petition for Contempt by: U.S. First Class Certified Mail, Return Receipt, Restricted Delivery to: Christine Epps 310 April Drive - Apartment 4 Camp Hill, PA 17011 Date: -(4-1 . DY A$?- Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 r-n i - r? t- STANLEY M. DEIM LER, JR., Plaintiff/Petitioner V. CHRISTINE D. EPPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2466 CIVIL TERM IN CUSTODY AMENDED PETITION FOR CONTEMPT Petitioner, Stanley Deimler, Jr., by and through his counsel, MidPenn Legal Services, states the following: 1. Plaintiff/Petitioner, hereinafter referred to as Father, resides at 308 Wertz Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant/Respondent, hereinafter referred to as Mother, is believed to reside at 310 April Drive - Apartment 4, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The above-named parties are the natural parents of Arizona B. Deimler, born June 22, 2001. 4. The Honorable Kevin A. Hess entered two prior Orders in this matter, one dated June 11, 2007 and one entered July 9, 2007. 5. The current Custody Orders, attached as Exhibit "A" and "Exhibit B" and incorporated herein by reference, are dated June It, 2007 and July 9, 2007. The Orders, in pertinent part, grant the parties shared legal custody of Arizona. Mother has primary physical custody with Father having periods of temporary physical custody every Sunday from 10:00 a.m. until 7:00 p.m. and every Thursday from 6:00 p.m. until 9:00 p.m. 6. Mother has willfully disobeyed the current Order, and therefore is not acting in Arizona's best interests, in ways including, but not limited to, the following: a. Mother has neither contacted Father to coordinate the ordered counseling for Arizona nor has she initiated such counseling for Arizona. b. Soon after the entry of the July 2007, Order, Mother stopped bringing the child to Father's home for Sunday visits. c. Soon after the entry of the July 2007, Order, Mother advised Father not to pick up Arizona for a Thursday night visit, explaining that Arizona had lice. d. Father attempted to discuss a change to the custody schedule in regard to the Thursday night visits and Mother has refused to discuss this request with Father and has yet to allow Father to even reinstate the Thursday visits with Arizona. e. Mother has not kept Father aware of Arizona' extracurricular activities and has provided Father with no information that he would otherwise be entitled to inasmuch as the parties share legal custody of Arizona. f. Since the July 9, 2007, Order, Father has seen Arizona on one occasion. g. Mother has deliberately interfered with Father's partial physical custody of Arizona. h. Mother's interference with Father's periods of partial physical custody negatively impacts Father's attempt to develop a healthy father/daughter relationship with Arizona. i. Mother's failure to advise Father of matters pertaining to legal custody of Arizona, prevents Father from actively participating in a parental capacity and renders him unable to contribute to decisions regarding Arizona's well-being. 8. Petitioner's counsel spoke to Respondent's prior counsel to request concurrence with the relief requested in this petition. Respondent's prior counsel, Jerry Brown, Esquire, advised that Respondent has been seeking other counsel and therefore it is believed that he does not have the authority to grant or deny concurrence in this matter. WHEREFORE, Father respectfully requests the following: a. That this Court find Mother in contempt of the existing July 9, 2007, Court Order. b. That this matter be scheduled for a custody conciliation. c. That Mother and Father continue to share legal custody of Arizona. d. That Mother retain primary physical custody of Arizona. e. That Father immediately be permitted to exercise his periods of partial physical custody in accordance with the existing custody schedule. f. The parties shall have reasonable contact via telephone and written correspondence with Arizona when she is in the other parent's custody. g. That Mother provide Father with all information relevant to legal custody to which he is entitled such as child care information, school information, doctor's visits, etc., in a timely manner. h. Any other relief this Court finds just and proper. Respectfully submitted, AFU J sica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 3oN 1 0^4 "m K? STANLEY M. DELviLER, JR. Plaintiff VS. CHRISTINE D. EPPS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this / i ` day of,,.. 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stanley M. Deimler, Jr. and the Mother, Christine D. Epps, shall have shared legal custody of Arizona B. Deimler, born June 22, 2001. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. Pending the follow up custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Father shall have partial physical custody of the Child every Sunday from 10:00 a.m. until 7:00 p.m. and every Thursday from 6:00 p.m. until 9:00 p.m. 4. For the Sunday periods of custody, the parent relinquishing custody shall be responsible to provide transportation for the exchange of custody. For the Thursday periods of custody, the Father shall be responsible to provide all transportation for the Child. 5. Neither parent shall use illegal drugs or consume alcohol to the point of intoxication during periods of custody or transportation of the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. (.XMA%e'll k 6. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on June 27, 2007 at 12:00 noon to further address the Father's request for expansion of custodial periods. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ?Kelly M. Dick, Esquire - Counsel for Father 14 W. Brown, Esquire - Counsel for Mother .!J ?_ ? Lr- ??. )t w.{ ? 1 .?, '_. ? ? --_ } o `? U STANLEY M. DEI-MLER, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-2466 CIVIL ACTION LAW CHRISTINE D. EPPS Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on May 30, 2007 with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., with his counsel, Kelly M. Dick, Esquire, and the Mother, Christine D. Epps, with her counsel, Jerry W. Brown, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator cocoa zoo?,l STANLEY M. DEIMLER, JR. Plaintiff VS. CHRISTINE D. EPPS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this q day of a" , 2007, upon consideration of the attached Custody Conciliation Report, it is'order6d and directed as follows: 1. The parties shall make arrangements for the Child, and the parties if deemed necessary, to engage in counseling with a professional to be selected by agreement between the parties. The purpose of the family counseling shall be to address issues which have arisen in the custodial situation and to provide guidance to the parties as to the Child's perceptions and communications with each parent regarding periods of custody with the other parent. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. 2. The Father shall install locks on both doors in the fencing around the Father's back yard to ensure the Child's safety. 3. Pending further agreement between the parties or Order of Court, the prior Order of this Court dated June 11, 2007, shall continue in effect. 4. Following the family counseling, counsel for either party may contact the Conciliator within six (6) months of the date of this Order to schedule an additional custody conciliation conference, if necessary. BY THE COURT, Ke ' A. Hess J. cc: Kelly A. Dick, Esquire - Counsel for Father Jerry W. Brown, Esquire - Counsel for Mother ° 7 LXN1$I-7 8 y ter. os W STANLEY M. DEIMLER, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 07-2466 CIVIL ACTION LAW CHRISTINE D. EPPS Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on June 27, 2007, with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., with his counsel, Kelly M. Dick, Esquire, and the Mother, Christine D. Epps, with her counsel, Jerry W. Brown, Esquire. 3. The parties agreed to entry of an Order in the form as attached. a92?-7 6?2n Date Dawn S. Sunday, Esquire Custody Conciliator L Z --1 t WV 0 ! IAP L90Z AHVIGINO:;.0-?-Id 3H1 d0 STANLEY M. DEIMLER, JR., IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2466 CIVIL TERM CHRISTINE D. EPPS, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff/Petitioner, Stanley Deimler, Jr., hereby certify that I have served a copy of the forgoing Amended Petition for Contempt by: U.S. First Class Certified Mail, Return Receipt, Restricted Delivery to: Christine Epps 310 April Drive - Apartment 4 Camp Hill, PA 17011 Date: q- I. ox j*-- J sica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 ,?-, ?-_, -? --. - -? - _? n .. --d ., _ ? .- ..1_ -F 9 } - , ?? 4 -? . ?? 3 ->: 17 -{ :7 .. f.._` b STANLEY M. DEIMLER, JR., Plaintiff/Petitioner V. CHRISTINE D. EPPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2466 CIVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Stanley Deimler, Jr., Plaintiff/Petitioner, to proceed in forma ap upens. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. r J ssica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ?. r•,? G ? , r? ? "? f ?°f ? r-i ? ., ? ????. ?,3 ,y a``r 1'? ; e.? ?? r? 4 STANLEY M. DEIMLER, JR., Plaintiff/Petitioner V. CHRISTINE D. EPPS, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2466 CIVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Stanley Deimler, Jr., Plaintiff/Petitioner, to proceed in forma au ens. I, Jessica Hoist, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Ajo?-- - - Jessica Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ;?+ ? c_? ?, .? r? .- = --? ?`"c;a ? --__ ,.Ty 7 i??.... _?..?_ ?. _.. „_? 71.E I ?! y r STANLEY M. DEIMLER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE D. EPPS DEFENDANT 2007-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 23, 2008 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. jirA 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 *v 'Oir ?4t7 v :?z '001W? 40P ?51 k" A VIWAIrc AiNf - Ill }? '`'? kMIQN&UCbd 341 -40 STANLEY M. DEIMLER, JR. Plaintiff vs. CHRISTINE D. EPPS Defendant APR E b 2008 041,*', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this z ` day of 2008, upon consideration of the attached Custody Conciliation Report,1t is ordered and directed as follows: 1. The prior Order of this Court dated June 11, 2007 shall continue in effect. The prior Order dated July 9, 2007 is vacated. 2. The parties shall cooperate in making arrangements to promptly reinstitute the partial custody schedule set forth in the June 11, 2007 Order in such a way as to promote the Child's emotional well-being and adjustment. BY THE COURT, Kevin A. cc: Z" sica A. Holst, Esquire - Counsel for Father ?Christine D. Epps, Mother COPT" Mal J. Y 90-0114V 6Z ddV 8OOZ 'r STANLEY M. DEIMLER, JR. Plaintiff vs. CHRISTINE D. EPPS Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-2466 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on April 23, 2008, with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., and his counsel, Jessica Holst, Esquire. The Mother, Christine D. Epps, did not attend the conference and is not represented by counsel in this matter. 3. The Father and his counsel advised the conciliator that he and the Mother had reached an understanding whereby he was agreeing not to proceed with his request for a finding of contempt or modification of the current Order. 4. This Court entered Orders previously in this matter dated June 11, 2007, under which the Mother has primary physical custody of the Child and the Father has a schedule of partial custody, and dated July 9, 2007 under which the parties agreed to engage in family counseling and the Father was required to place locks on certain doors in his residence. 5. The Father advised the conciliator that neither party had initiated the counseling pursuant to the prior Order and were not seeking counseling at the present time. The Father also stated that within the next few weeks the Father would be moving from his current residence and therefore the requirement concerning the locks would not be applicable. 6. Based upon the representations made by the Father and his counsel at the conference and the fact that the Mother did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. t a.3. -400(f cng? Date Dawn S. Sunday, Esquire Custody Conciliator 0 STANLEY M. DEIMLER, JR., Plaintiff/Petitioner V. CHRISTINE D. EPPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2466 CIVIL TERM : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: c7 ?, rr; , , C*1 Z - ? / =k_I CC L T ...? za V ? Kindly allow, Stanley Deimler, Jr., Plaintiff/Petitioner, to proceed in forma au ens. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessica ?oltst, Esquire MidPe Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 STANLEY M. DEIMLER, JR., IN THE COURT OF COMMON PLEAS N Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYUQN I? „ V. NO. 07-2466 CIVIL TERM `' CHRISTINE D. EPPS, r Defendant/Respondent IN CUSTODY f"tl PETITION FOR CONTEMPT Petitioner, Stanley Deimler, Jr., by and through his counsel, MidPenn Legal Services, states the following: 1. Plaintiff/Petitioner, hereinafter referred to as Father, resides at 8 East Pine Street, Enola, Pennsylvania, Cumberland County, Pennsylvania 17025. 2. Defendant/Respondent, hereinafter referred to as Mother, is believed to reside at 860 Walnut Street - Apartment A7, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The above-named parties are the natural parents of Arizona B. Deimler, born June 22, 2001. 4. The Honorable Kevin A. Hess entered three prior Orders in this matter, one dated June 11, 2007, one entered July 9, 2007 and one entered April 29, 2008. 5. The current Custody Orders, attached as Exhibit "A" and "Exhibit B" and "Exhibit C" incorporated herein by reference, are dated June 11, 2007, July 9, 2007 and April 29, 2008. The Orders, in pertinent part, grant the parties shared legal custody of Arizona. Mother has primary physical custody with 1 . G . /?. Father having periods of temporary physical custody every Sunday from 10:00 a.m. until 7:00 p.m. and every Thursday from 6:00 p.m. until 9:00 p.m. 6. Mother has willfully disobeyed the current Order, and therefore is not acting in Arizona's best interests, in ways including, but not limited to, the following: a. Mother has not permitted Father to exercise his periods of partial custody in accordance with the schedule outlined in the June 11, 2007 Order. b. Mother advised Father that he could not exercise his Thursday night visits because they were scheduled from 6:00 p.m. until 9:00 p.m. because Arizona goes to bed at 8:00 p.m. Father agreed to a shorter period of custody on those nights but Mother still refused to allow them to occur. c. Mother has not kept Father aware of Arizona' extracurricular activities and has provided Father with no information that he would otherwise be entitled to inasmuch as the parties share legal custody of Arizona. d. Mother has deliberately interfered with Father's partial physical custody of Arizona. e. Mother's interference with Father's periods of partial physical custody negatively impacts Father's attempt to develop a healthy father/daughter relationship with Arizona. f. Mother's failure to advise Father of matters pertaining to legal custody of Arizona, prevents Father from actively participating in a parental capacity and renders him unable to contribute to decisions regarding Arizona's well-being. 8. At the time of the prior Contempt action in this matter, Mother was unrepresented and it is believed that is the case at present. As such, it is presumed that Mother would not concur with the relief requested in this Petition. WHEREFORE, Father respectfully requests the following: a. That this Court find Mother in contempt of the existing June 11, 2008, Court Order. b. That this matter be scheduled for a custody conciliation. c. That Mother and Father continue to share legal custody of Arizona. d. That Mother retain primary physical custody of Arizona. e. That Father immediately be permitted to exercise his periods of partial physical custody in accordance with the existing custody schedule. f. The parties shall have reasonable contact via telephone and written correspondence with Arizona when she is in the other parent's custody. g. That Mother provide Father with all information relevant to legal custody to which he is entitled such as child care information, school information, doctor's visits, etc., in a timely manner. Y STANLEY M. DEIMLER. R. N THE COURT OF CW/ iti10`,l PLEAS OF plaintiff CUMBERLAND COUNTY, PEN SYLVANIA 2007-2466 + I`•/ I AC-1-0',i L-y??I CHR?STINL . APPS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 4, day of 2008, upon consideration of the attached Custody Conciliation Repo t, it is ordered and directed as follows: 1. The prior Order of this Court dated June 11, 2007 shall continue in effect. The prior Order dated July 9. 2007 is vacated. 2. The parties shall cooperate in making arrangements to promptly reinstitute the partial custody schedule set forth in the June 11, 2007 Order in such a way as to promote the Child's emotional well-being and adjustment. BY THE COURT, LI) evin A. Hess J. cc: Jessica A. Holst, Esquire - Counsel for Father Christine D. Epps, Mother r 1; STANI LEY ,\I. D=I ILER, JR. Plaintiff t, S' CHRISTINE D. :PPS Defendant Prior Judge: Kevin A. Hess I IN THE COURT OF COtiI.VION PLEAS OF CI iMBERL AND COL: `TY, PENTiSYLVA?11_-? 1-00 7-2466 l l' _1 AC^TO? T A nV IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on April 23, 2008, with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., and his counsel, Jessica Holst, Esquire. The Mother, Christine D. Epps, did not attend the conference and is not represented by counsel in this matter. 3. The Father and his counsel advised the conciliator that he and the Mother had reached an understanding whereby he was agreeing not to proceed with his request for a finding of contempt or modification of the current Order. 4. This Court entered Orders previously in this matter dated June 11, 2007, under which the Mother has primary physical custody of the Child and the Father has a schedule of partial custody, and dated Julv 9, 2007 under which the parties agreed to engage in family counseling and the Father was required to place locks on certain doors in his residence. 5. The Father advised the conciliator that neither party had initiated the counseling pursuant to the prior Order and were not seeking counseling at the present time. The Father also stated that within the next few weeks the Father would be moving from his current residence and therefore the requirement concerning the locks would not be applicable. b. Based upon the representations made "-v the Fathe- and hi> counsel at the conference and the fact that he INlother did not attend the Lon `erence or contact the conciliator, the conciliator reccrnme^ds an Ord-_r '-, (he I' --m as at-,La,-he--l Date Dawn S. Sunday, Esquire Custody Conciliator OOCOE 2W?jl STANLEY M. DEIMLER, JR. Plaintiff VS. CHRISTINE D. EPPS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this q ~ day of 2007, upon consideration of the attached Custody Conciliation Report, it is'order6d and directed as follows: 1. The parties shall make arrangements for the Child, and the parties if deemed necessary, to engage in counseling with a professional to be selected by agreement between the parties. The purpose of the family counseling shall be to address issues which have arisen in the custodial situation and to provide guidance to the parties as to the Child's perceptions and communications with each parent regarding periods of custody with the other parent. Any costs of counseling which are not covered by insurance shall be shared equally between the parties. 2. The Father shall install locks on both doors in the fencing around the Father's back yard to ensure the Child's safety. 3. Pending further agreement between the parties or Order of Court, the prior Order of this Court dated June 11, 2007, shall continue in effect. 4. Following the family counseling, counsel for either party may contact the Conciliator within six (6) months of the date of this Order to schedule an additional custody conciliation conference, if necessary. BY THE COURT, Kevi A. Hess J. cc: Kelly A. Dick, Esquire - Counsel for Father Jerry W. Brown, Esquire - Counsel for Mother STANLEY M. DEIMLER, JR. Plaintiff vs. CHRISTINE D. EPPS Defendant Prior Judge: Kevin A. Hess 'Jpc 4E 2D07?/ IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on June 27, 2007, with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., with his counsel, Kelly M. Dick, Esquire, and the Mother, Christine D. Epps, with her counsel, Jerry W. Brown, Esquire. 3. The parties agreed to entry of an Order in the form as attached. a 102-7 Date Dawn S. Sunday, Esquire Custody Conciliator L z = ! ! WV 0 1 Inr LOOT .t???o}rr?yvs;. 33HI Jo 7vf.:`.^ilJ7 Ir7 'JUR INM7#? STANLEY M. DEIMLER, JR. Plaintiff vs. CHRISTINE D. EPPS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /i ` day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stanley M. Deimler, Jr. and the Mother, Christine D. Epps, shall have shared legal custody of Arizona B. Deimler, born June 22, 2001. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. Pending the follow up custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Father shall have partial physical custody of the Child every Sunday from 10:00 a.m. until 7:00 p.m. and every Thursday from 6:00 p.m. until 9:00 p.m. 4. For the Sunday periods of custody, the parent relinquishing custody shall be responsible to provide transportation for the exchange of custody. For the Thursday periods of custody, the Father shall be responsible to provide all transportation for the Child. 5. Neither parent shall use illegal drugs or consume alcohol to the point of intoxication during periods of custody or transportation of the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 6. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on June 27, 2007 at 12:00 noon to further address the Father's request for expansion of custodial periods. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ? 11y M. Dick, Esquire - Counsel for Father W. Brown, Esquire - Counsel for Mother 07 cr% C\j f ? O Q (l?4 i STANLEY M. DELvILER, JR. Plaintiff vs. CHRISTINE D. EPPS Defendant IN THE COURT OF COM.YION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2466 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on May 30, 2007 with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., with his counsel, Kelly M. Dick, Esquire, and the Mother, Christine D. Epps, with her counsel, Jerry W. Brown, Esquire. 3. The parties agreed to entry of an Order in the form as attached. r N!,1 ?/ ?-o0 7 oe"??6? Date Dawn S. Sunday, Esquire Custody Conciliator STANLEY M. DEIMLER, JR., Plaintiff/Petitioner V. CHRISTINE D. EPPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2466 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff/Petitioner, Stanley Deimler, Jr., hereby certify that I have served a copy of the forgoing Amended Petition for Contempt by: U.S. First Class Certified Mail, Return Receipt, Restricted Delivery to: Christine Epps 860 Walnut Street - Apartment A7 Lemoyne, PA 17043 Date: JessicolAt, Esquire MidPV Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 STANLEY M. DEIMLER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE D. EPPS DEFENDANT 2007-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 24, 2010 _ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at __ 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, March 24, 2010 at 9:00 AM -.... .... for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 o M' OF THE o 2010 MAR -I PM 3: 26 CUMHRLA O t_'3U PENNSYL.VAN A J / iD a' - APR 1s 2w Y STANLEY M. DEIMLER, JR. Plaintiff VS. CHRISTINE D. EPPS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-2466 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT 0 C ?a_.. C ell> G.. s? N -47 ?w C r' -n 8 3 AND NOW, this 2 r ` day of A. , 2010, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon The prior Orders of this Court dated June 11, 2007 and April 29, 2008 are vacated and replaced with this Order. 2. The Father, Stanley M. Deimler, Jr., and the Mother, Christine D. Epps, shall have shared legal custody of Arizona B. Deimler, born June 22, 2001. Major decisions concerning the Child including, but not necessarily limited to her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child every Sunday from 10:00 a.m. until 7:00 p.m. and on one weekday evening each week with the specific day and times to be arranged by agreement between the parties. 4. Unless otherwise agreed between the parties, the Father shall be responsible to provide transportation for all exchanges of custody. 5. Neither parent shall use illegal drugs or consume alcohol to the point of intoxication during periods of custody or transportation of the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 6. Neither party shall withdraw custodial time with the other parent as a means of discipline for the Child. 7. The parties may modify the provisions of this Order by mutual consent only. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, --xz-.- '4 it, Kevin A ess J. cc: sica A. Holst Esquire - Counsel for Father Christine D. Epps - Mother L F S rYt ?9 t LL STANLEY M. DEIMLER, JR. Plaintiff VS. CHRISTINE D. EPPS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-2466 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on April 14, 2010, with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., with his counsel, Jessica A. Holst, Esquire. The Mother, Christine D. Epps, did not appear for the conference or contact the conciliator. It should be noted that the original conference which was set for March 24, 2010 was rescheduled at the Mother's request as she was unable to take time off from work. 3. This Court previously entered an Order in this matter on June 11, 2007, under which the Mother has primary physical custody of the Child and the Father has partial custody every Sunday from 10:00 a.m. until 7:00 p.m. and every Thursday from 6:00 p.m. until 9:00 p.m. The Father filed this Petition seeking enforcement of that Order and minor adjustments to the arrangements which the Father believed would address the problems that the parties were having in following that specific schedule. 4. The Father stated that he has not had custody of the Child since early March 2010 due to the Mother initially refusing custody on one occasion and then subsequently due to somewhat of a tacit agreement between the parties to suspend the arrangements temporarily. The Father indicated that he had spoken with the Mother who advised him she would not be attending the conciliation conference on this date as she needed to work as many hours as possible before her employer closed in the near future. The Father advised that the Mother conveyed her willingness to resume the Sunday periods of custody and to work with the Father in scheduling weekday evening periods. The Father expressed concern that the Mother has used cancellation of time with the Father as a means of discipline for the Child. The Father stated that he believes that the parties will be able to resume the existing schedule with the minor adjustment to the weekday period without the necessity of proceeding further. 5. Based upon the representations made by the Father and his counsel at the conciliation conference and the fact that the Mother did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached reinstating the prior partial custody schedule with a minor adjustment. Date Dawn S. Sunday, Esquire Custody Conciliator '~;+ t r STANLEY M. DE[MLER, JR. [N THE COURT OF COMMON PLEAS OF PL.AtNT1FF CUMBERLAND COUNTY, PENNSYLVANIA ~'. C}tRIST1NF. D. EPPS UF;FI:Nt)ANT • 2007-2466 CIVIL ACT10N LAW iN CUSTODY ORDER OF COURT ~1NI) NOl~ , _ Friday, June 25, 2010 _ upon consideration of the attached Complaint, it is hereby directed that parties and thei~° respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA _1.7055 on Tuesday,_July 27, 201.0 at 1:30 PM fir a Pre-1 Icarin<< Cusuxi} Conference. At such conference, an efi~ort will be made to resolve the issues in dispute; or if this carnmt he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary t~rdcr. 1=allure 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 TI-IE COURT, By: ls/ Dawn S. Sunda Es . Custody Conciliator -~ - ~I~hc Court of Common fleas of Cumberland County is required by law to comply with the Americans ~~ith [)isabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations ~i~ailahle to disabled individuals having business before the court, please contact our office. All arrangements must he made <<t least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing,. YUC! SHOULI:~ "TAKE 'THIS PAPER. TO YOUR A"~I"fOKNEY AT ONCE. [F YOU DO NO"h FIAy'}_: AN A"I~~IY)RNE:Y OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT H E3ELUW' TO FIND OUT WI~iERE YUU CAN GET LEGAL I-IELP. ~ ~ ~ • oZ.~ • ~ Q n _ ~ • `, ~~~ 1 Cumberland County 13ar Association ~ o t,:.c.~-~ ~ CCU -~ ;- c__ ~--± 32 South Bedford Street ~ :;' c-ii~ '1` O ~~ a ~~n ~~ 5~~~ Carlisle, Pennsylvania 17013 ~ , t~ , rv `-: ~? ~, a1s ~ O ~~ ~^ ~~ f _ ` ~ Telephone (717) 249-3166 } {y- ~ f ~.O ...F,t~. -, ~~ _~ r- ~~ ~ `~ CI ~ .~: ..~ T STANLEY M. DEIMLER, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-2466 CIVIL ACTION LAW CHRISTINE D. EPPS ~? ~' cy -- ' ,-; Defendant IN CUSTODY - .~ ~ - c~ p ORDER OF COURT _ •~ o °a c. ° -`' AND NOW, this 9 day of ! TY s ~., ~ 261 U, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The prior Order of this Court dated April 21, 2010 shall continue in effect as modified by this Order. 2. The Father's weekday evening period of custody shall take place on Wednesdays from 5:45 p.m. unti17:45 p.m. for which the Father shall provide all transportation. 3. The parties shall strictly comply with the existing schedule, which shall resume on Wednesday, August 4, 2010. 4. No modifications to the existing custody schedule shall be effective unless specified in a writing which is signed by both parties. 5. The parties shall not use compliance or noncompliance with child support requirements as a basis affecting his or her compliance with the custody schedule. 6. The parties may modify this Order by mutual agreement in writing signed by both parties only. In the absence of written mutual agreement, the terms of this Order shall control. BY THE COURT, Kevin cc: `Abraham Prozesky, Esquire -Counsel for Father /Christine D. Epps -Mother l-~ ~~ ,, STANLEY M. DEIMLER, JR. Plaintiff vs. CHRISTINE D. EPPS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-2466 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Arizona B. Deimler June 22, 2001 Mother 2. A custody conciliation conference was held on July 27, 2010, with the following individuals in attendance: the Father, Stanley M. Deimler, Jr., with his counsel, Abraham Prozesky, Esquire, and the Mother, Christine D. Epps, who is not represented by counsel in this matter. 3. This Court previously entered an Order in this matter on April 21, 2010, which essentially reinstated a prior Order, under which the Mother has primary physical custody of the Child and the Father has custody every Sunday from 10:00 a.m. until 7:00 p.m. and one weekday evening as arranged by agreement between the parties. The Father filed this Petition for Contempt, as he had previously which led to the prior Order dated April 21, 2010, alleging that the Mother was not permitting periods of custody under the Court Order. 4. The parties disagreed as to the compliance of each with the prior Orders and acknowledged that there had been some agreements between them suspending or otherwise changing the Orders at times, which led to misunderstandings. Misconceptions regarding a relationship between adherence to the custody Order and compliance with the Support Order were clarified. The result of the conference was to reinstate the existing custody schedule with the weekday evening specified so that the parties do not have to constantly renegotiate the scheduling of that period of partial custody and to require any custody modifications to be in writing and signed by both parties in order to be enforceable. ~, 5. The conciliator recommends an Order in the form as attached. ~-`~ ao ~ Date Dawn S. Sunday, Esquire Custody Conciliator