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HomeMy WebLinkAbout07-3675Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY KRISTA N. TOPORCER, Defendant NO. 07 - 3 (, CUSTODY COMPLAINT 1. The Plaintiff is Marc J. Toporcer (hereinafter referred to as "Father"), who currently resides at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Krista N. Toporcer (hereinafter referred to as "Mother"), whose last known address was 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Mother's present exact whereabouts are unknown. 3. Plaintiff seeks shared legal custody and primary physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Bailey N. Toporcer 57 Keefer Way October 28, 2005 Mechanicsburg, PA 4. The child was in the custody of both parents who were residing together at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. However, Mother has taken the child without notice to Father and their exact present whereabouts are unknown. It is believed that they are still in the Central Pennsylvania area, but Father is fearful Mother may leave the Commonwealth with the child. 5. During the past five years the child has resided with the following persons at the following addresses: DATES ADDRESSES 10/28/05-2/06 38 Round Ridge Road Mechanicsburg, PA 2/06-1/07 1729 English Drive Mechanicsburg, PA 1/07-6/17/07 57 Keefer Way Mechanicsburg, PA 6/18/07-present Unknown NAMES OF PERSONS IN HOUSEHOLD Mother, Father, child, Mardee A. Morrison, Father's Mother, Christian L. Ward, Mother's son Mother, Father, child and Christian L. Ward, Mother's son Mother, Father, child and Christian L. Ward, Mother's son Mother and child 6. The Father of the child is Marc I Toporcer, currently residing at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. The Mother of the child is Krista N. Toporcer, whose last known address was 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. Mother and child's present exact location is unknown. 2 The parties are currently married to each other. 8. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME Marc I Toporcer RELATIONSHIP Self 9. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME Krista N. Toporcer RELATIONSHIP Self Bailey N. Toporcer Unknown Daughter 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 3 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because Father is better able to provide to the child a stable and loving environment. Mother has exhibited instability arising from mental health issues and prescription drug abuse which raises concerns about her ability to act as primary parent for the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal custody and primary physical custody of the child to the Plaintiff. DATE: June 20, 2007 (717) 774-1445 Supreme Court I.D. 32317 4 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 cJi oC7 el - =Y j Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA N. TOPORCER, Defendant CIVIL ACTION - CUSTODY NO. 0 7. 36;715 CcLZ! 7, PETITION FOR EMERGENCY RELIEF 1 2. 3 4 Petitioner is Marc J. Toporcer, an individual residing at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. Respondent is Krista N. Toporcer. Krista left the marital home on June 18, 2007 without notice to Petitioner. Respondent's current whereabouts are unknown. Petitioner and Respondent are the natural parents of Bailey N. Toporcer, born October 28, 2005. Petitioner has been concerned about the use and abuse by Respondent of prescription drugs. Respondent has had a history of mental health problems. Prior to the parties' marriage on March 17, 2004, Respondent had been institutionalized for depression, attempted suicide and other mental health concerns. 5. During the last months, Petitioner has recognized an escalation of Respondent's prescription drug use. 6. To the best of Petitioner's knowledge, Respondent had taken approximately 60 Vicadin for pain during a thirty day period, Imatrex for migraines, Zanax for sleep and Seroquel for sleep. Petitioner believes and thus avers that these medications are taken in excess of what was prescribed and that she is presently overdosing on these drugs. 7. The impact on Respondent is slurred speech, passing out, and general malaise. 8. Respondent's overuse of prescription drugs has been a trigger for marital difficulties between the parties. 9. Disputes have arisen between the parties as a result of Respondent's driving the children when in an incapacitated condition. 10. On or about June 16, 2007, the parties were visited by the paternal grandparents of Respondent's other child, Christian. The paternal grandparents, Peter and Melinda Ward, are from Montana and were going to take the child, Christian, to Montana for the summer. 11. When the paternal grandparents noted the tense environment in the parties' home arising 2 out of the drug use issue, the paternal grandparents on June 17, 2007 told Respondent that they were going to take Christian back to Montana and to maintain permanent custody of him after the conclusion of the summer visit. 12. Respondent concurred with the plan of the paternal grandparents. To the best of Petitioner's knowledge, the paternal grandparents and Respondent's other child, Christian, have left for Montana on June 18, 2007. 13. Respondent made no indication that she was going to leave the marital home or take any further action concerning her son. 14. However, on June 18, 2007, when Petitioner returned home from work, Respondent and the parties' twenty month old daughter were gone. 15. Petitioner does not know the whereabouts of the child. On June 19, 2007, police contact has been made by Petitioner with Upper Allen Township which had indicated Respondent has been located in the Central Pennsylvania area. The police will not reveal the location of Respondent and the child due to privacy concerns of Respondent. 16. Petitioner believes that Respondent may attempt to remove the child from the Commonwealth of Pennsylvania and follow her minor son to Montana. 3 17. Respondent has other family located in Montana. 18. On June 19, 2007 at 11;00 p.m., Petitioner received a call from the Upper Allen Township Police indicating the parties' vehicle had been abandoned at the Harrisburg Bus Terminal. When Petitioner arrived, the vehicle had been cleaned out, including removal of the child's safety seat. 19. Respondent has been removing money from the parties' PNC account. The account has been overdrawn twice in the last few days. When Petitioner makes deposits to bring the account balance positive, Respondent makes further withdrawals. 20. Petitioner is fearful of the emotional and mental condition of Respondent and the ability of the Respondent to responsibly care for the child. 21. Petitioner has filed a Custody Complaint simultaneously with this emergency petition whereby Petitioner seeks primary custody of his minor child. 22. Contact to the Upper Allen Police Department (Officer Tappan) indicates that they may know the whereabouts of the child and can be ordered to serve a copy of this Petition and Order on Respondent. 4 23. There has been no Judge assigned to this matter previously. 24. Petitioner asks the Court to enter an emergency custody order which: a) Prohibits the removal of the child, Bailey, from the Commonwealth of Pennsylvania. If, in fact the child has already been removed by Respondent from the Commonwealth of Pennsylvania, Petitioner requests that an order be entered for immediate return of the child to her father and to the marital home. b) Awards Petitioner, Marc J. Toporcer, primary custody of the child until further order of Court so a full evaluation can occur of Respondent's present mental and physical health condition. c) Until custody conciliation or further order of court, awards Respondent only supervised visitation in the presence of Petitioner or another competent adult relative to supervise her contact. d) The Upper Allen Police Department is directed to serve on Respondent the Order and to take possession of the child, Bailey Toporcer, for return to Respondent. The Upper Allen Police Department shall provide Petitioner with the whereabouts of the child so Petitioner can accompany the police for pick up of the child. WHEREFORE, Petitioner requests the Court to grant the relief requested herein. Respectfully DATE: June 20, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTA N. TOPORCER, Defendant : CIVIL ACTION -CUSTODY NO. VERIFICATION I, Marc J. Toporcer, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 0?0 n e , 2007 C Marc J. To rce ?? n.? , .? { < ' ? T 7 _ L.?+ ?U Q _l 6'? ? • *'t ? ? ? ?: G ? , -? ? U Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY KRISTA N. TOPORCER, Defendant NO. 07-3675 PETITION FOR RECONSIDERATION OF EMERGENCY RELIEF PETITION 1. Petitioner is Mark Toporcer, an individual residing at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Krista N. Toporcer, an individual whose current whereabouts are unknown. 3. On June 20, 2007, Petitioner filed an emergency petition seeking return of his minor child, Bailey N. Toporcer (Date of Birth: October 28, 2005). 4. In response thereto, the Honorable Judge Oler entered an Order of Court dated June 21, 2007, setting a hearing on the matter for June 29, 2005 at 9:30 a.m. and directing the Upper Allen Police to disclose the whereabouts of the Respondent to the Sheriff of Cumberland County for service. 5. Upon service of the Order, Upper Allen Police Officer Tappan has now told the Sheriff that Respondent has left the Commonwealth and traveled to another city and state, which remains undisclosed to the Petitioner. The exact location in said undisclosed city and state is alleged to be unknown by the officer. 6. Neither the Upper Allen Police nor the Cumberland County Sheriff's Office will reveal even the city and state to Petitioner's counsel. 7. Petitioner asks the court to reconsider the Petition for Emergency Relief filed on June 20, 2007, and to enter the proposed order attached to this Petition. 8. Petitioner remains in fear for the safety of the child and of the Respondent and seeks immediate return of his child. Wherefore, Petitioner requests that a order directing the return of the child to her father be entered. Respectfully submitted. DATE: June 225 2007 z -Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA N. TOPORCER, Defendant CIVIL ACTION - CUSTODY NO. 07-3675 VERIFICATION I, Barbara Sumple-Sullivan, Esquire, am the attorney for Plaintiff, Marc J. Toporcer, hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Plaintiff, Marc J. Toporcer, to make this Verification and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Dated: ;? Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff/Petitioner 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 1 J V V \,J ?, ?? ?'Ct F .d--? ..?^' .?.. MARC J. TOPORCER, Plaintiff V. KRISTAN N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3675 CIVIL TERM ORDER OF COURT AND NOW, this 21St day of June, 2007, upon consideration of Plaintiff's Petition for Emergency Relief, a hearing is scheduled for Friday, June 29, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE UPPER ALLEN Township Police are hereby authorized to disclose the whereabouts of the Defendant to the Sheriff of Cumberland County for purposes of service, but neither the Upper Allen Township Police nor the Cumberland County Sheriff shall be required to disclose the Defendant's location to the Plaintiff. BY THE COURT, arbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff `, :rc J. VINVA iASNNM 60:6 WJ ! Z Nnf LODZ A8Vl0N0Hi0W 3Hi -40 30H:?0-II4 MARC J. TOPORCER, Plaintiff V. KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3675 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 21St day of June, 2007, the prior order of court dated June 21, 2007, is hereby amended to reflect the correct name of the Defendant as Krista N. Toporcer. In all other respects, the prior order shall remain in full force and effect. BY THE COURT, ,Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff :rc YMAIASNN3d kLN Z ! :8 WV ZZ Nnr LOOZ AbViQfCH iO8d 3H1 An 1 Y MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3675 CIVIL KRISTA N. TOPORCER, Defendant ORDER OF COURT AND NOW, this 22-, Jday of June, 2007, upon consideration of Plaintiff's Petition for Reconsideration of Emergency Relief Petition, attached hereto, the Cumberland County Sheriff is authorized to obtain from the Upper Allen Police Department such information as it is willing to divulge to the Sheriff as to the present location of Defendant Krista N. Toporcer, and to divulge the same to Plaintiff's counsel for purposes of enabling the Sheriff and/or Plaintiff's counsel to secure service upon Defendant. Pending further order of court, neither party shall secrete the location of the child from the other party. The hearing set for June 29, 2007, at 9:30 a.m., shall remain as previously scheduled. BY THE COURT, Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Cumberland County Sheriff Ga?s -? 7 ?'1'"" :rlm r-? p - ° ? ? c? ? ?? ; =?`i" ? ? ? :. ? ? r ; C , ? N ` . ? --r; z_ --s? ?r ?w? ? -x? ? ? ? 4:J ti r'22. 2"37 :39PV Barbara Sumple-Sullivan, Esquire Supreine Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, Plaintiff V. KRISTA N. TOPORCER, Defendant No•8868 P- 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY N0.07-3675 PETITION FOR RECONSIDERATION_ OF EM RGENC`Y' RELIEF PETITION 1. Petitioner is Mark Toporcer, an individual residing at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Krista N. Toporcer, an individual whose current whereabouts are unknown. 3. On June 20, 2007, Petitioner filed an emergency petition seeking return of his minor child, Bailey N. Toporcer (Date of Birth: October 28, 2005). 4. In response thereto, the Honorable Judge Oler entered an Order of Court dated June 21, 2007, setting a hearing on the matter for June 29, 2005 at 9:30 a.m, and directing the upper Allen Police to disclose the whereabouts of the Respondent to the Sheriff of Cumberland County for service. jun,22. 2007 1:39PM No•8868 P- 4 5. Upon service of the Order, Upper Allen Police Officer Tappan has now told the Sheriff that Respondent has left the Commonwealth and traveled to another city and state, which remains undisclosed to the Petitioner. The exact location in said undisclosed city and state is alleged to be unknown by the officer. 6. Neither the Upper Allen Police nor the Cumberland County Sheriffs Office will reveal even the city and state to Petitioner's counsel. 7. Petitioner asks the court to reconsider the Petition for Emergency Relief filed on rune 20, 2007, and to enter the proposed order attached to this Petition. 8. Petitioner remains in fear for the safety of the child and of the Respondent and seeks immediate return of his child. Wherefore, Petitioner requests that a order directing the return of the child to her father be entered. Respectfully submitted. DATE: rune 22, 2007 -Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff t n' e) 017 ?.?n,•L2, t,,I :39PN} Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street (717) 774-1445 qqq New Cumberland, PA 17070 No-8868 P. 5 MARL 7. TOPORCER, : IN TIDE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA N. TOPORCER, Defendant CIVIL ACTION - CUSTODY NO. 07-3675 VERIFYCA ION I, Barbara Sumple-Sullivan, Esquire, am the attorney for Plaintiff, Marc J. Toporcer, hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Plaintiff, Marc J. Toporcer, to make this Verification and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Dated: Attorney for Plaintif"etitioner 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Jd" --"-I MARC J. TOPORCER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA N. TOPORCER DEFENDANT 07-3675 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 25, 2007 , 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 Tuesday, July 24, 2007 at 3:00 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. 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/ ohn .Man an r. 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 . 7 •T- "X-W, <n Ir 9£ .01 WV 9Z nr LOOZ AUVIONG L0 d 3KI -40 30L4&QMH In the Court of Common Pleas of Cumberland County, Pennsylvania No. M '1l 0 Civil. 19 VS. 4% 4 iY40 c To Prothonotary 19 Attorney for Plaintiff No. OF THE Term, 19 2607 JUG; 29 'M 9: v9 C L JIM "IN Tv vs. PRAECIPE Filed 19 Atty. Y t MARC J. TOPORCER, Plaintiff v KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-3675 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 29th day of June, 2007, upon consideration of Plaintiff's Petition for Emergency Relief, and pursuant to an agreement reached in open court between the parties and their respective counsel, Barbara Sumple-Sullivan, Esquire, on behalf of the Plaintiff, and Courtney L. Kishel Powell, Esquire, on behalf of the Defendant, it is ordered and directed follows with respect to custody of the parties' child, Bailey N. Toporcer (date of birth, October 28, 2005): 1. The Defendant shall not remove the child, Bailey, from a distance of 100 miles from the marital home. 2. The parties shall share physical custody as mutually agreed upon them, with the stipulation that the Defendant shall not have unsupervised visitation with the child until further Order of Court. 3. Both parties will submit to drug and alcohol testing and follow treatment plans and recommendations of those providers; and 4. The parties have been assigned a custody conciliation for July 24, 2007, at 3:00 p.m. in this matter. By the Court, / /, / -7 J "I jV J. ffKe7y 0 r ,_ J. 7t ? ?, a. x V © N r Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 For Plaintiff Courtney L. Kishel Powell, Esquire 134 Sipe Avenue Hummelstown, PA 17036 For Defendant :mae Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY KRISTA N. TOPORCER, Defendant NO. 07 - 3675 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Order of Court dated June 25, 2007, scheduling a Custody Conciliation for Tuesday, July 24, 2007 at 3:00 p.m., in the above-captioned matter upon Defendant, Krista N. Toporcer, via hand delivery, at a hearing held on Friday, June 29, 2007. A copy of said letter dated June 29, 2007 and Order of Court are attached hereto as Exhibit "A." DATE: June 29, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 4 EXHIBIT "A„ LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1951 PHONE (717) 774-1445 FAX (717) 774-7059 June 28, 2007 Mrs. Krista N. Toporcer 9 Yellowstone Road, #2 Kalispell, MT 59901 Re: Marc J. Toporcer v. Krista N. Toporcer Docket No. 07-3675 / Cumberland County Dear Mrs. Toporcer: Enclosed constituting service on you is an Order of Court scheduling the Custody Conciliation Conference for Tuesday, July 24, 2007 at 3:00 p.m. Barbara Sumple-Sullivan BSS/lh Enclosure cc: Mr. Marc J. Toporcer (w/encl) MARC J. TOPORCER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3675 CIVIL ACTION LAW KRISTA N. TOPORCER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 25, 2007 , 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 Tuesday, July 24, 2007 at 3:00 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. All children aQe 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/ john. 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 i?arlisle, Pennsylvania I76T3 Telephone (717) 249-3I1•?E COPY F ;R ,MA RECORD In Testimony whcrrof, I h: r• canto sat my hand and the seal of saidCollsrt at Carlisle, Pa. This ....2.4..... day of.. ........, ?p Prothonotary ? -V t7l tTj -- r rn 4& IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARC J. TOPORCER, ) CIVIL ACTION-CUSTODY Plaintiff, ) vs. ) Cause No. 07-3675 KRISTA N. TOPORCER, ) AFFIDAVIT OF SERVICE Defendant. ) } STATE OF MONTANA County of Flathead ss. I, LAZZARO A. CUTRONE, being first duly sworn upon my oath, and being of legal age do hereby affirm that I received copies of CUSTODY COMPLAINT; PETITION FOR EMERGENCY RELIEF; ORDER OF JUDGE OLER DATED JUNE 21,2007; and AMENDED ORDER DATED JUNE 21, 2007 in the above-entitled action on June 25, 2007 and personally served said copies upon KRISTA N. TOPORCER on JUNE 25, 2007 at 1020 HOURS (MDT) at 9 YELLOWSTONE STREET, KALISPELL, FLATHEAD COUNTY, MONTANA, 59901. I affirm that I am not a party to this action, related to any party or attorney for any party in this action. Affidavit of Service 1 of 2 Cause No. 07-3675 .?. I declare under penalty of perjury, under the laws of the State of Montana, that the information contained herein is true and correct. DATED: JUNE 26, 2007 LARC Enterprises, LLC P.O. Box 2975 Bigfork MT 59911 406-837-2263 STATE OF MONTANA ) ss. County of Flathead } Signed: Lazzaro A. Cutrone, MRPS Registration No. DS-05-04 Flathead County, Montana On this 26TH day of JUNE, 2007, before me a Notary Public personally appeared I AZZ ARO A. CUTRONE known or identified to me to be the person whose name is subscribed on the within instrument. CHRISTINE M. NOE NOTARY PUBLIC for ` %%0 APJ 4 State of Montana * * Residing at Kalispell, Mont? 9 A'- AI-Ny Commission Expires OF April 6, 2010 Affidavit of Service 2of2 Cause No. 07-3675 4 Residing at: iLWda4,94 A?Ax ? S f 9C/ My Commission Expires: D-E7to -fit o x?. rrt r s ... rn ?-=- ? ' '' 1.__ { ,l ?T3 C (^ co ` SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03675 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TOPORCER MARC J VS TOPORCER KRISTA N R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named RESPONDANT TOPORCER KRISTA N but was unable to locate Her in his bailiwick. He therefore returns the ORDER OF COURT , AMENDED ORDER OF COURT, CUSTODY COMPLAINT PETITION FOR EMERGENCY RELIEF , NOT FOUND , as to the within named RESPONDANT TOPORCER KRISTA N UNKNOWN DEFENDANTS WHEREABOUTS ARE UNKNOWN Sheriff's Costs: Docketing 18.00 Service .00 POSTAGE .41 Surcharge 10.00 NOT FOUND RETURN 5.00 So answers: I (d? () t& Adl- K R. T omas Kline Sh riff of Cumberland County BARBARA SUMPLE SULLIVAN 06/22/2007 Sworn and Subscribed to before me this day of A. D. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA N 0 V. CIVIL ACTION - CUSTODY KRISTA N. TOPORCER, Defendant NO. CIVIL - ? ° J a CUSTODY COMPLAINT 1. The Plaintiff is Marc J. Toporcer (hereinafter referred to as "Father"), who currently resides at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Krista N. Toporcer (hereinafter referred to as "Mother"), whose last known address was 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Mother's present exact whereabouts are unknown. 3. Plaintiff seeks shared legal custody and primary physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Bailey N. Toporcer 57 Keefer Way October 28, 2005 Mechanicsburg, PA 4. The child was in the custody of both parents who were residing together at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. However, Mother has taken the child without notice to Father and their exact present whereabouts are unknown. It is believed that they are still in the Central Pennsylvania area, but Father is fearful Mother may leave the Commonwealth with the child. 5. During the past five years the child has resided with the following persons at the following addresses: DATES ADDRESSES NAMESOFPERSONS IN HOUSEHOLD 10/28/05-2/06 38 Round Ridge Road Mother, Father, child, Mechanicsburg, PA Mardee A. Morrison, Father's Mother, Christian L. Ward, Mother's son 2/06-1/07 1729 English Drive Mother, Father, child Mechanicsburg, PA and Christian L. Ward, Mother's son 1/07-6/17/07 57 Keefer Way Mother, Father, child Mechanicsburg, PA and Christian L. Ward, Mother's son 6/18/07-present Unknown Mother and child 6. The Father of the child is Marc I Toporcer, currently residing at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. The Mother of the child is Krista N. Toporcer, whose last known address was 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. Mother and child's present exact location is unknown. 2 The parties are currently married to each other. 8. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME Marc I Toporcer RELATIONSHIP Self 9. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME Krista N. Toporcer RELATIONSHIP Self Bailey N. Toporcer Unknown Daughter 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA N. TOPORCER, Defendant CIVIL ACTION - CUSTODY NO. VERIFICATION I, Marc J. Toporcer, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: 2007 Glnc ? ?_ MAR J. TO OR R Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY • n N ? KRISTA N. TOPORCER, c ,._ S n Defendant :NO. oo - 30.5 CI V I V a _ -z PETITION FOR EMERGENCY RELIEF r13 1. Petitioner is Marc J. Toporcer, an individual residing at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Krista N. Toporcer. Krista left the marital home on June 18, 2007 without notice to Petitioner. Respondent's current whereabouts are unknown. 3. Petitioner and Respondent are the natural parents of Bailey N. Toporcer, born October 28, 2005. 4. Petitioner has been concerned about the use and abuse by Respondent of prescription drugs. Respondent has had a history of mental health problems. Prior to the parties' marriage on March 17, 2004, Respondent had been institutionalized for depression, attempted suicide and other mental health concerns. 5. During the last months, Petitioner has recognized an escalation of Respondent's prescription drug use. 6. To the best of Petitioner's knowledge, Respondent had taken approximately 60 Vicadin for pain during a thirty day period, Imatrex for migraines, Zanax for sleep and Seroquel for sleep. Petitioner believes and thus avers that these medications are taken in excess of what was prescribed and that she is presently overdosing on these drugs. 7. The impact on Respondent is slurred speech, passing out, and general malaise. 8. Respondent's overuse of prescription drugs has been a trigger for marital difficulties between the parties. 9. Disputes have arisen between the parties as a result of Respondent's driving the children when in an incapacitated condition. 10. On or about June 16, 2007, the parties were visited by the paternal grandparents of Respondent's other child, Christian. The paternal grandparents, Peter and Melinda Ward, are from Montana and were going to take the child, Christian, to Montana for the summer. 11. When the paternal grandparents noted the tense environment in the parties' home arising 2 out of the drug use issue, the paternal grandparents on June 17, 2007 told Respondent that they were going to take Christian back to Montana and to maintain permanent custody of him after the conclusion of the summer visit. 12. Respondent concurred with the plan of the paternal grandparents. To the best of Petitioner's knowledge, the paternal grandparents and Respondent's other child, Christian, have left for Montana on June 18, 2007. 13. Respondent made no indication that she was going to leave the marital home or take any further action concerning her son. 14. However, on June 18, 2007, when Petitioner returned home from work, Respondent and the parties' twenty month old daughter were gone. 15. Petitioner does not know the whereabouts of the child. On June 19, 2007, police contact has been made by Petitioner with Upper Allen Township which had indicated Respondent has been located in the Central Pennsylvania area. The police will not reveal the location of Respondent and the child due to privacy concerns of Respondent. 16. Petitioner believes that Respondent may attempt to remove the child from the Commonwealth of Pennsylvania and follow her minor son to Montana. 3 17. Respondent has other family located in Montana. 18. On June 19, 2007 at 11:00 p.m., Petitioner received a call from the Upper Allen Township Police indicating the parties' vehicle had been abandoned at the Harrisburg Bus Terminal. When Petitioner arrived, the vehicle had been cleaned out, including removal of the child's safety seat. 19. Respondent has been removing money from the parties' PNC account. The account has been overdrawn twice in the last few days. When Petitioner makes deposits to bring the account balance positive, Respondent makes further withdrawals. 20. Petitioner is fearful of the emotional and mental condition of Respondent and the ability of the Respondent to responsibly care for the child. 21. Petitioner has filed a Custody Complaint simultaneously with this emergency petition whereby Petitioner seeks primary custody of his minor child. 22. Contact to the Upper Allen Police Department (Officer Tappan) indicates that they may know the whereabouts of the child and can be ordered to serve a copy of this Petition and Order on Respondent. 4 23. There has been no Judge assigned to this matter previously. 24. Petitioner asks the Court to enter an emergency custody order which: a) Prohibits the removal of the child, Bailey, from the Commonwealth of Pennsylvania. If, in fact the child has already been removed by Respondent from the Commonwealth of Pennsylvania, Petitioner requests that an order be entered for immediate return of the child to her father and to the marital home. b) Awards Petitioner, Marc J. Toporcer, primary custody of the child until further order of Court so a full evaluation can occur of Respondent's present mental and physical health condition. c) Until custody conciliation or further order of court, awards Respondent only supervised visitation in the presence of Petitioner or another competent adult relative to supervise her contact. d) The Upper Allen Police Department is directed to serve on Respondent the Order and to take possession of the child, Bailey Toporcer, for return to Respondent. The Upper Allen Police Department shall provide Petitioner with the whereabouts of the child so Petitioner can accompany the police for pick up of the child. WHEREFORE, Petitioner requests the Court to grant the relief requested herein. DATE: June 20, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA N. TOPORCER, Defendant : CIVIL ACTION -CUSTODY NO. VERIFICATION I, Marc J. Toporcer, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 0?0 e , 2007 c Marc J. To rce Now ¦ ?;¦ 1 NOTARY MARC J. TOPORCER, IN TBE COPR 01 1MON.PLEAS OF Plaintiff CUMBERL??',?NSYL?TANTA : 1 ? ? V. CIVIL ACTT KRISTAN N. TOPORCER Defendant NO. 07-3675 CIVIL TERM ORDER OF COURT AND NOW, this 21s' day of June, 2007, upon consideration of Plaintiff's Petition for Emergency Relief, a hearing is scheduled for Friday, June 29, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE UPPER ALLEN Township Police.are hereby authorized to disclose the whereabouts of the Defendant to the Sheriff of Cumberland County for purposes of service, but neither the Upper Allen Township Police noT the Cumberland County Sberiff shall be required, to disclose the Defendant's location to the Plaintiff. BY THE COURT, J. esley Ol rJ. Barbara, Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff :rc MARC J. TOPORCE:R, Plaintiff V. RRISTA N. TOPORCER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW Defendant NO. 07.3675 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 21" day of. Tune, 2007, the prior order of court dated June 21, 2007, is hereby amended to reflect the correct name of the Defendant as Krista N. Toporcer. In all other respects, the prior order, shall remain in. full force and effect. BY THE COURT, Barbara Sump) e- Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff :rc ON* r_ - Y LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 June 22, 2007 Sheriff of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Marc J. Toporcer v. Krista N. Toporcer Docket No. 07-3675 / Cumberland County Dear Sir/Madam: I am providing to you for service on Krista N. Toporcer the following documents: 1) Custody Complaint; 2) Petition for Emergency Relief, and 3) Order of Judge Oler dated June 21, 2007 setting a hearing in the matter for Friday, June 29, 2007 at 9:30 a.m. The whereabouts of the Defendant and the child are unknown to Plaintiff. However, the Defendant had contact with the Upper Allen Police. Judge Oler has directed that the police advise you immediately of the address for service of the Order. My client and his family are very worried about the Defendant and the child. They have distinct concerns for the safety of both. They have prepared a package which includes a cell phone, some food for the baby, money and some letters. We are asking that you provide these to the Defendant upon service. You are free to review the contents of the box. I understand that this is somewhat unusual but if you determine appropriate, please offer her this package upon service of the documents. If not, I will pick this package up from your offices. The family is desperate for news on the Defendant and the child. If Krista chooses not to speak to her husband, you are asked to have her call her mother-in-law with whom she is quite close. I am providing an extra copy of this letter for you to hand to her in service of the Complaint. The family wants her to know that she has a way to come home r .t a Sheriff of Cumberland County Cumberland County Courthouse June 22, 2007 Page 2 and they will help her. They beg her - for Bailey's sake -- to do so before this situation deteriorates. Thank you for your consideration. Sincerely Barbara Sumple-Sullivan BSS/lh Enclosures cc: Ms. Krista N. Toporcer (w/encl) Mr. Marc J. Toporcer (w/encl) ft 481? lw st? 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because Father is better able to provide to the child a stable and loving environment. Mother has exhibited instability arising from mental health issues and prescription drug abuse which raises concerns about her ability to act as primary parent for the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal custody and primary physical custody of the child to the Plaintiff. DATE: June 20, 2007 4 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 MARC J. TOPORCER, Plaintiff V. KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSY VANIA NO. 07 - 3675 :CIVIL ACTION - CUSTODY MOTION TO WITHDRAW AS COUNSEL AND NOW, this 21 "' day of December, 2007 comes the above named Petitioner, Courtney K. Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, respectfully requests this Honorable Court to grant this Motion to Withdraw as Counsel in the above-captioned matter and in support thereof avers the following: 1. Petitioner is Courtney K. Powell, Esquire, of James, Smith, Dietterick Connelly, LLP, located at 134 Sipe Avenue, Hummelstown, Pennsylvania 17036. 2. Respondent is Krista N. Toporcer, who's last known address is 104 November Drive, Apartment 3, Camp Hill, Pennsylvania 17011. 3. On or about June 29, 2007, Defendant retained undersigned counsel to represent her in the above-captioned matter. 4. Since that time, undersigned counsel has had difficulty maintaining regular contact with Defendant via telephone and/or written correspondence. Undersigned counsel has written letters to Defendant which have been returned, and has left message is for Defendant to call, but Defendant has not responded. 5. On or about November 2, 2007, undersigned counsel advised the Defendant of her intentions to withdraw if she could not maintain proper communication with counsel. 6. Counsel has not had any contact with the Defendant since that date, althqugh undersigned counsel has attempted same. 7. Pursuant to Pa.R. Prof Conduct 1.16(b)(5), "a lawyer may withdraw from representing a client if the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is filled." 8. Pursuant to Pa-R. Prof Conduct 1.16(b)(l ), a lawyer may withdraw from representing a client if it can be accomplished without adversely affecting the interests of the client. 9. There is currently nothing scheduled on the docket for the custody cased therefore the Defendant will have ample time to secure counsel to represent her in this matter. i 10. Undersigned counsel has discussed this motion with opposing counsel Barbara Sumple-Sullivan, Esquire, who does not oppose this motion. WHEREFORE, the undersigned counsel respectfully requests this Honorable Court permit her and the law firm of James, Smith, Dietterick & Connelly, to withdraw,! as counsel on behalf of the Defendant in this matter. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: I?, G By: (I P" I Ll [a ? # J? (I ?&&' Courtney Kisbel owell, Esquire Attorney I.D. #81'509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 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 unsworn falsification to authorities. Date: a ?, CI Courtney Kishel ?7"Ivell"ffsq-u-ire, Petitioner MARC J. TOPORCER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3675 KRISTA N. TOPORCER, : CIVIL ACTION - CUSTODY Defendant CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP, hereby certify that I have served a copy of the foregoing Motion to Withdraw as Counsel on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Krista N. Toporcer Barbara Sumple-Sullivan, Esquire 104 November Drive 549 Bridge Street Apartment 3 New Cumberland, PA 17070 Camp Hill, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: lak, By: 011 i(69g jn? tow ? Courtney Kishel well, Esquire Attorney I.D. #81 9 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 C7 rZ, 4 f'7 Fn N °tt - CYO ? i 4 Pn LO -.C Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 MARC J. TOPORCER, Plaintiff V. KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 3675 CIVIL ACTION - LAW IN CUSTODY AMENDMENT TO MOTION TO WITHDRAW AS COUNSEL AND NOW, this 17`h day of January, 2008 comes the above named Petitioner, Courtney K. Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, and files this Amendment to Motion to Withdraw as Counsel as follows: 1. No Judge has ruled on any other issue in this matter to date. WHEREFORE, the undersigned counsel respectfully requests this Honorable Court permit her and the law finn of James, Smith, Dietterick & Connelly, to withdraw as counsel on behalf of the Defendant in this matter. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: l By. osh owell, Esquire Attorney I.D. #q09 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 MARC J. TOPORCER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3675 KRISTA N. TOPORCER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP, hereby certify that I have served a copy of the foregoing Amendment to Motion to Withdraw as Counsel on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Krista N. Toporcer Barbara Sumple-Sullivan, Esquire 104 November Drive 549 Bridge Street Apartment 3 New Cumberland, PA 17070 Camp Hill, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: / /7 D-P By: Courtney Ael Powell, Esquire Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 ?? ?? c_? "? __, c .. . .: ? ? _?_ r ?? - :? r _ -=-a;_: -, ?'G=? '; (LL; ?. ?? ??' ,'r ,? `_ DEC 8 7 2007 MARC J. TOPORCER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 3675 KRISTA N. TOPORCER, : CIVIL ACTION - CUSTODY Defendant ORDER OF COURT AND NOW, this 2 S` day of 200 g, upon consideration of the Motion to Withdraw as Counsel, it is hereby ORDERED and DECREED that Courtney Kishel Powell, Esquire is granted leave to withdraw as counsel for Defendant, Krista N. Toporcer. BY THE COURT: c-*)Tgj)7-37?;--?jU,-"S .8 -41-bt -) rcynt, -0 4ftj -)P311rw 33,J47 0 t -.0401.5 r//