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Home My WebLink About07-6940 TAI?OM CSC' &U i UI AKIS Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Street Carksle, Pennsylvania 17013 (717) 249-0900 DONNA & LEON BARTOSIC, Plaintiffs V. APRIL KEPPLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01- CIVIL ACTION - LAW IN CUSTODY 1. The Plaintiffs are Donna & Leon Bartosic, who currently resides at 269 Country Club Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is April Kepple, who currently resides at 809A Fairfield Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiffs seeks custody of the following child: Name: Hannah Rose Wass Date of Birth: August 5, 2005 Address: 809A Fairfield Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 4. The child is their grandchild and was born out of wedlock to their son, Steven Bartosic. 5. The child is presently in the custody of April Kepple, who resides at 809A Fairfield Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name April & Michael Kepple April & Michael Kepple April & Michael Kepple Address Duncannon, PA County Manor Trailer Park Carlisle, PA 809A Fairfield Street Mechanicsburg, PA Date Birth until Nov. 2005 Nov. 2005 until June 2007 June until Present 7. The mother of the child is April Kepple, who resides at 809A Fairfield Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. Mother of the child, April Kepple, is married. 9. The Father of the child is Steven Bartosic, who currently is deployed in Iraq. a. Father currently has a Custody Order, dated July 25, 2006, signed by the Honorable Judge Kathy A. Morrow, 41" Judicial District - Perry County, in which he and the Mother have shared legal custody. b. The Order gives Mother Primary Physical Custody with periods of Partial Physical Custody to Father on Mondays and Saturdays. c. Plaintiff, Donna Bartosic, was given Special Power of Attorney and Durable Power of Attorney by, Steven Bartosic prior to his deployment to Iraq. 10. Father of the child, Steven Bartosic, is not married. 11. The relationship of Plaintiffs to the child is that of Natural Grandparents. 12. The relationship of Defendant to the child is that of Mother. 13. The Plaintiffs currently resides with one another. 14. The Defendant currently resides with the following persons: a. Her Husband, Michael Kepple; b. Her daughter, Hannah Rose Wass (D/O/B: August 5,2005); c. Their son, Ethan Kepple (D/O/B: February 2007). 15. 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 any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Plaintiffs' upon the child's Father, Steven Bartosic, deployment to Iraq maintained a regular visitation schedule seeing the child one (1) day per week for several hours at their home in Mechanicsburg or at Mother's home in Carlisle. b. The child has a psychological bond with the Plaintiffs and they would like to continue to maintain this bond by having regularly scheduled visits. i. Plaintiffs would like to use these visits to take photos and keep updates on the child so that they may report to the Father who is stationed on the front line in Iraq that his child is doing well and, if when possible try to schedule a phone call from Father when the child is with the Plaintiffs. 1. Father has had no contact with the child since his deployment in November 2006. 2. Father is expected to return to the home for approximately twenty (20) days around the middle of March. c. Plaintiffs are able to provide a stable environment for the child while she is visiting at their home. d. Plaintiffs visits abruptly ceased in May 2007 and since that date they have had no contact whatsoever with the child. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiffs request that this Court grant them partial physical custody with a schedule to be determined. DATE 1 I ?? Respectfully submitted, ABOM & Ku7vtAAYs, L.L.P. v I? ?k Michelle L. So r, Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs .w We, DONNA & LEON BARTOSIC, verify that the statements made in this Custody Complaint are true and correct to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Date 41 Date e ztzi;) D NNA BARTOSIC LEON BARTOSIC AND NOW, this 16`'' day of November 2007, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified and First-class mail, postage prepaid addressed to the following: April Kepple 809A Fairfield Street Mechanicsburg, Pennsylvania 17055 Pro Se Defendant Respectfully submitted, A80M &KUTULA"s, L.L.P. (k?xw& - i Immo Michelle L. So er, Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs n C t,7? r t ; r xr1 ~? Iv C= O o 'n < m T Fn l0 ?-? C rn tp K DONNA BARTOSIC • IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-6940 CIVIL ACTION LAW APRIL KEPPLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 27, 2007 it is hereby directed that parties and their respective counsel appear before consideration of the attached Complaint, at 4th Floor, Cumberland Coun Courthouse' Carlisle on Friday, Hubert X. Gilroy, Esq. the conciliator, Friday, December 28, 2007 for a Pre-Hearing Custody Conference. At such conference, an effort will be made at 8:30 M if this cannot be accomplished, to define and narrow the issues to be heard b the to resolve the issues in dispute; or order. All children age five or older may also be present at the conference. Failure`lrt' and to enter into a temporary o provide grounds for entry of a temporary or permanent order. to appear at the conference may The court hereby directs the parties to furnish any and all existing Protection Special Relief orders, and Custody orders to the conciliator 48 hours prior to from Abuse orders, scheduled hearing. FOR THE COURT, By. Ise Hubert X. G O Es ?; Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with Disabilites Act of 1990. For information about accessible facilities and reasonable available to disabled individuals having business before the court, with please contact our office. accommodations arrangements d?omust be made at least 72 hours prior to any hearing or business before the court. You must attend conference or hearing. the scheduled YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHO YOU DO NOT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NE THE OFFICE SET Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 14 A0 77 I ? :W7 VI d 0 0%, ?li kC It I L L 19 Zl ij ?b JAN 0 E 2008 DONNA BARTOSIC and : IN THE COURT OF COMMON PLEAS OF LEON BARTOSIC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v : CIVIL ACTION - LAW APRIL KEPPLE, : NO. 2007-6940 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of January, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, April Kepple, and the father, Stephen Bartosic, shall enjoy shared legal custody of Hannah Rose Wass, born August 5, 2005. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy liberal periods of temporary physical custody of the minor child when he is in the Carlisle area. In the event the father and mother are unable to reach an agreement on father's periods of custody, father may have his attorney contact the Custody Conciliator directly to schedule another conciliation in an expedited fashion. 4. The paternal grandparents, Donna Bartosic and Leon Bartosic, shall also enjoy temporary custody with the minor child on every Wednesday from 11:00 a.m. until 4:00 p.m. and at such other times as agreed upon by the parties. 5. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. RV THE COURT_ cc: Michelle Sommer, Esquire Ms. April Keppel /?V la $ y eopteR rn ? cv C'l i 3 ? ` E LL ? Cap C= :?i Z) C= C' j 0 1 DONNA BARTOSIC and . LEON BARTOSIC, Plaintiff . v APRIL KEPPLE, . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6940 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hannah Rose Wass, born August 5, 2005. 2. A Conciliation Conference was held on December 28, 2007, with the following individuals in attendance: The paternal grandparents, Donna and Leon Bartosic, with their counsel, Michelle L. Sommer, Esquire, and the mother, April Kepple. The father, Stephen Bartosic, was not present because he is on active duty in Iraq. 3. The parties agreed to the entry of an Order in the form as attached. Date: a 3 c / ubert X. Gilro , Esquir Custody Conc' ator 0 DONNA BARTOSIC and, LEON BARTOSIC, VS. APRIL KEPPLE, PLAINTIFFS DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6940 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARA_ NCE Please enter my appearance on behalf of the Defendant, April Kepple Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: usan Kay Candie , PA I.D. # 64998 4010 Glenfinnan Mechanicsburg PA 17055 (717) 724-2278 7 Wes` ? K + MAR 0 5 2008 PY DONNA BARTOSIC and : IN THE COURT OF COMMON PLEAS OF LEON BARTOSIC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : CIVIL ACTION - LAW APRIL KEPPLE, : NO. 2007-6940 Defendant : IN CUSTODY COURT ORDER AND NOW, this ? day of March, 2008, upon consideration of the attached Custody Conciliation Report, the prior Order of this Court dated January 3, 2008, is ratified subject to the following modifications: 1. The above caption is hereby amended to reflect that Stephen Bartosic is also a named Plaintiff. 2. Starting March 4, 2008, father, Stephen Bartosic, shall have temporary custody of the minor child every day from 11:00 a.m. until 7:30 p.m. However, father shall not have custody on Sunday, March 9, 2008, when mother has prior plans. 3. The parties shall meet with their attorneys and the Custody Conciliator for another Custody Conciliation Conference on Thursday, March 13, 2008, at 9:30 a.m. At this Conference, and assuming that the custody with the father and the minor child has been going well, it is anticipated that father's periods of custody with the minor child shall be expanded to include overnight. 4. Father's daily custody of the minor child is a temporary situation and reflective of father's presence in Pennsylvania through March 21, 2008, after which he will be returning to Iraq. In the future, father's custody schedule shall be subject to further agreement of the parties or Court Order as directed. 5. In the event there are any major issues with respect to father's temporary custody or otherwise, legal counsel for either party may contact the Custody Conciliator directly to schedule another conciliation via a telephone conference between the Conciliator and the attorneys to address those issues. 6. Transportation for exchange of custody shall be handled with father picking the child up each day at 11:00 a.m. and mother picking the child up at father's home at 7:30 p.m. LLJ .j ]C am ? C ? N 7. The parties may modify this Order by agreement. Absent an agreement, this Order shall control. BY THE COURT, I I Ik W, - / J ge Oler ' cc: "Michelle Sommer, Esquire Ausan IC Candiello, Esquire Cdnl i 1; /Yq!R-L ?/l o`US DONNA BARTOSIC and LEON BARTOSIC, Plaintiff v APRIL I EPPLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6940 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT Prior Judge: Judge Oler IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hannah Rose Wass, born August 5, 2005. 2. A Conciliation Conference was held on March 4, 2008, with the following individuals in attendance: The father, Stephen Bartosic, with his counsel, Michelle L. Sommer, Esquire, and the mother, April Kepple, with her counsel, Susan Candiello, Esquire. 3. Based upon the Conciliator's recommendation after consultation with Judge Oler and Judge Oler's concurrence, the Conciliator recommends an Order in the form as attached. Date: 5-,f- o 3 1-21?0 J-1?1 Hubert X. Gilroy, Custody Concilial COURT ORDER AND NOW, this day of March, 2008, upon consideration of the attached Custody MAR 14 2008 DONNA BARTOSIC and LEON BARTOSIC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW APRIL KEPPLE, NO. 2007-6940 Defendant IN CUSTODY Conciliation Report, the prior Court Orders in this case are modified as follows: Father's periods of custody from March 13, 2008 through March 20, 2008 shall be as follows: A. On March 13, from 11:00 a.m. until 7:30 p.m. B. On Friday, March 14, from 11:00 a.m. through Saturday, March 15, at 11:00 a.m. C. On Sunday, March 16, at 11:00 a.m. through Monday, March 17, at 11:00 a.m. D. On Tuesday, March 18, from 11:00 a.m. through Wednesday, March 19, at 7:00 p.m. 2. It is noted that father is leaving the Country starting March 20 and will not be available to visit with the minor child. After March 20, the temporary custody provided to the paternal grandparents as set forth in the prior Court Order shall be reinstated. 3. Legal counsel for the parties shall consult with each other prior to father coming back into the Country to attempt to work out an arrangement for the father's custody at the time. In the event the parties are unable to work out an agreement, legal counsel for the parties may contact the Custody Conciliator directly to schedule a Conciliation Conference at that time. 4. When father has custody overnight as set forth above, father shall insure that the mother shall have telephone contact with the minor child at 7:30 each evening. Father shall also communicate with the mother relative to any issues that develop with the minor child when her has custody. BY THE COURT cc: chelle Sommer, Esquire usan K. Candiello, Esquii Jddge Oler /i .? ?--- use" ?.. .?- .. ? ??- r- ? m ? ? X.; DONNA BARTOSIC and LEON BARTOSIC, Plaintiff v APRIL KEPPLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6940 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT Prior Judge: Judge Oler IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. Consistent with the March 8, 2008 Order entered in this case, the Conciliator conducted another conference with the parties and their attorneys and submits a recommendation to the Court consistent with the attached Order. Date: Iubert X. Gilroy, Esquire Custody Conciliator M NOV 1 4 2008 6i DONNA BARTOSIC and LEON BARTOSIC, Plaintiff v APRIL KEPPLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007-6940 IN CUSTODY COURT ORDER AND NOW this 1 day of November, 22008, upon consideration of the attached Custody Conciliation Report; it is ordered and directed as follows: 1. A hearing is scheduled in the above referenced case on Monday, December 1, 2008, at 1:30 p.m. in Courtroom No. 1 of the Cumberland County Courthouse. The parties should be advised that the Court may have a conflict with this hearing because of a previously scheduled custody matter and that the hearing scheduled in this case is done on the basis of the emergency nature and unique facts of this case. In the event the Court is not available for a full hearing on Monday afternoon because of previously scheduled matters, counsel should be prepared to address all issues in this case via a short conference in chambers. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, each party's position on the custody issues, and a proposed schedule whereby the Father may enjoy temporary custody with the minor child during the first week of December. This Memorandum shall be filed with the Court and opposing counsel on or before November 27, 2008. 2. Pending further Order of this Court, it is directed that the Father shall have custody of the minor child Hannah from 9:00 a.m. on Saturday, November 29, 2008, through 9:00 a.m. on Monday, December 1, 2008. At 9:00 a.m., the Father shall return the minor child to the Mother. Father's further periods of temporary custody with the minor child during the first week of December shall be addressed at the hearing/conference scheduled above. cc'"?helle L. Sommer, Esquire Susan Kay Candiell , Esquire R V TNF CYIT iR T £ ? :1 wd 9 1 NON B00Z .40 • DONNA BARTOSIC and LEON BARTOSIC, Plaintiff . v APRIL KEPPLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6940 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator conducted a telephone conference call with the attorneys for the parties in this case. This is a difficult case because the Father is on active duty in Iraq. He will be home from November 28 - December 7 and is seeking significant overnight visitation with the minor child. The Mother's attorney suggests that there have been some issues in the past with respect to the child having sleep and behavior problems after just a few hours of visitation with the Paternal Grandmother. It is a difficult situation in light of the fact that the Father is on active duty and has very limited ability to visit the child. A hearing is required to at least address the issue of what should happen the week the Father is home in December. The Conciliator recommends that the Father have some time with the child on the weekend he returns prior to the hearing based upon some of the negotiations/proposal the Conciliator is familiar with from the conference. The Conciliator recommends an Order in the form as attached. Date: November, 2008 9/? Hubert X. Gilr Esquire Custody Con liator DONNA BARTOSIC and, IN THE COURT OF COMMON PLEAS OF LEON BARTOSIC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW APRIL KEPPLE, Defendant 2007-6940 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of December, 2008, upon consideration of the issue of a physical custodial schedule with respect to the parties' child, Hannah Rose Wass (date of birth August 5, 2005), during the balance of the father's current stay in the United States, which began on November 27, 2008, and will conclude on December 10, 2008, and following a hearing held on December 1, 2008, it is ordered and directed as follows: 1. Physical custody of the child shall be in the father, Steven Bartosic, from Tuesday, December 2, 2008, at 5:00 p.m. through Thursday December 4, 2008, at 5:00 p.m.; 2. Physical custody of the child shall be in the mother, April Kepple, from Thursday, December 4, 2008, at 5:00 p.m. through Saturday, December 6, 2008, at 5:00 p.m.; 3. Physical custody of the child shall be in the father from Saturday, December 6, 2008, at 5:00 p.m. until Monday, December 8, 2008 at 5:00 p.m.; 4. Physical custody of the child shall be in the mother from Monday, December 8, 2008, at 5:00 p.m. until Tuesday, December 9, 2008, at 5:00 p.m.; 5. Physical custody of the child shall be in the father from Tuesday, December 9, 2008, at 5:00 p.m. until the father leaves for Iraq on Wednesday, December 10, 2008; 6. Responsibility for transportation with respect to the custodial exchanges shall be that of the father; 7. The custodial parent shall permit the non-custodial parent to have reasonable telephonic contact with child at least once each da the y; and 8. The father's overnight custodial periods provided for herein shall be exercised at his parents' home in Cumb County, Pennsylvania. erland By the Court, Michelle L. Sommer, Esquire 36 South Hanover Street Carlisle, PA 17013 For the Plaintiffs J•1/Wesley O1 J 11 r. J. a Susan Kay Candiello, 4010 Glenfinnan PlaceEsquire g' Mechanicsburg, PA 17050 For the Defendant pcb