Loading...
HomeMy WebLinkAbout08-4849/ ?-`18y9 01°" ORIGINAL' DISTRIBUTED ' 00 BRIAN KNEPPER, SIL, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA Vs. NO. 2008-CV-05317 CU CHARITY KNEPPM n/k/a, CIVIL ACTION - LAW a CHARITY HOWELLS IN CUSTODY ; aC'? Defendant ?= rn rev = -n ? =s M t1 7 > c = VC n c:; ? ? AND NOW, this ° T day of 2008 upon consider on *h e Stipulation to Transfer Custody Case to Cumberland County, it is hereby ORDERED and ?D DECREED that said case be transferred to Cwnberland County Court of Common Pleas. The Dauphin County Prothonotary is hereby ORDERED to transfer said case to Cumberland County Court of Common Pleas. By the Court, J. DISTRIBUTION: Thomas-M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 Jane M. Alexander, Esquire, 148 South Baltimore Street, Dillsburg, PA 17019 Dauphin County Prothonotary A G BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYI.Vi' NIA s. NO. AWI?) CV 3 tl'!> 1- I 0- Lk CHARITY KNEPPER, n/k/a, CIVIL ACTION - LAW CHARITY HOWELL, IN CUSTODY Defendant ORDER OF COURT AND NOW THIS a_ day of 2008, upon consideration oj'the attached Complaint, it is hereby directed that the ?,irties and their respective counsel appear before _ /??i ?' 2 '? ?ri?? , the conciliator, at the o2,7 day of 4 2008, at `?. /J_.M., for a Pre-I-!:earing Custody Conference. At suchkonference, 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 Coitrt,.end to enter into a temporary order. AH jWer m4y aa 1Cn ha t?rPCPYtt +4 ? 'te 2 corrfelemae. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, by kA;e' ? Custody ConciliatiV YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TI'LEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street c rv 0? Harrisburg, PA 17101 (717) 232-7536 ; am AMERICANS WITH DISABILITIES ACT The Court of Common Pleas of Dauphin County is required by law to comply with the A cans w t? -, s Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations, avail ablE 'to disabled individuals having business before the court, please contact our office. All arrangements malt be rapfi - ie at -:' least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference v; ieari'j. Y BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. aoo16 CV 561-7 CUB CIVIL ACTION - LAW C:) W IN CUSTODY= _ M -= z D C9 -V c = COMPLAINT FOR CUSTODY -< r -4 AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark. 3c}.00 a?C --corn Esquire of Colgan Marzzacco, LLC, and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiff is Brian Knepper, Sr. who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charity Knepper, n/k/a Charity Howell, who currently resides at 1934 Forster Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. Plaintiff seeks primary physical custody of the following children: Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. Taylor Knepper was born prior to the date of marriage. Robert Knepper and Brian Knepper, Jr. were born during the marriage. The children are presently in the physical custody of Defendant. 4. Since September 26, 2006, the parties have been following a Custody Order that was filed with the Cumberland County Court of Common Pleas docketed at 01-7085 CIVIL TERM. A copy of the Custody Order with regard to this matter is attached hereto as Exhibit A as if fully set forth herein. The mother of the children is Charity Knepper, n/k/a Charity Howell, currently residing at 1934 Forster Street, Harrisburg, Pennsylvania. The father of the children is Brian Knepper, Sr., currently residing at 40 Scarsdale Drive, Camp Hill, Pennsylvania. 5. The relationship of Plaintiff to the children is that of father. 6. The relationship of Defendant to the children is that of mother. The children currently reside with Defendant. 7. A prior custody action was filed with the Cumberland County Court of Common Pleas docketed at 01-7085 CIVIL TERM. Further, the current Custody Order with regard to this matter is attached hereto as Exhibit A as if fully set forth herein. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody of the children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests This Honorable Court to award him primary physical custody of the minor child with partial physical custody to Defendant. Respectful itted, COLG ZACCO LLC By: Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated: 6? Fax: (717) 502-5050 Exhibit A BRIAN KNEPPER, SR.,. Plaintiff V. CHARITY KNEPPER,.-n/k/.a CHARITY HOWELL, Defendant IN THE.COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.. 01-708.5-,CIVIL TERM CIVIL.ACTION._ LAW: IN CUSTODY ORDER OF COURT AND NOW, this 25th day of September, 2006, after hearing, all prior Orders are vacated and replaced with the following: 1. Legal Custody. The parties, Brian Knepper, Sr., and Charity Howell, shall have shared legal custody of the minor children: Taylor Knepper, born on August 11, 1996, Robert Knepper, born on January 14, 1998, and Brian Knepper, Jr., born on April 13, 1999. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's rights to shared legal custody of children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to each party. 2. Physical Custody. Primary physical custody shall be with the Defendant, Charity Howell, during the school year, effective September 28, 2006, to give her the opportunity to have the children enrolled without having them miss any school. Plaintiff shall have periods of partial physical custody as follows: A. Alternating weekends from Friday at 4:30 p.m. until Sunday at 7:30 p.m. Provided, however, that if the children have off school on the Monday following Father's weekend, the visitation shall extend until Monday at 7:30 p.m. B. Each Monday and Wednesday from 4:30 p.m. until 7:30 p.m. 3. Holidays. A. Mother will have physical custody of the children on Mother's Day. Father will have physical custody of the children on Father's Day. B. Easter. The Easter holiday shall be enjoyed in two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. until 8:00 p.m. on Easter, and Segment B shall be from 9:00 a.m. until 8:00 p.m. on the Saturday preceding Easter. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Thanksgiving. Each year Mother shall have custody from 9:00 a.m. until 8:00 p.m. However, without regard- to the regular weekend schedule, Father shall have the children for his family's Thanksgiving celebration from 9:00 a.m. until 8:00 p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. D. Christmas. In even-numbered years, Father shall have custody from December 24th at noon through December 25th at noon, with Mother having custody from December 25th at noon through December 26th at noon. In odd-numbered years, Mother shall have custody from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at noon. E. The holiday schedule, unless otherwise set forth, shall be from 9:00 a.m. until 7:30 p.m. F. The holiday schedule shall take precedence over the regular custody schedule. G. Trick or Treat Night. Mother shall have custody on Trick or Treat night in odd-numbered years. Father shall have custody on Trick or Treat night in even-numbered years. The custodial time for Trick or Treat night shall be from 5:30 p.m. until 8:30 p.m. 4. Transportation. Unless otherwise agreed by the parties, the party relinquishing physical custody of the children shall provide transportation. 5. Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 6. Both parents shall refrain from making derogatory comments about the other parent in the presence of the minor children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 7. Summer. During the summer school recess the parties shall have a week-on week-off custodial arrangement. To commence at 4:30 p.m. on the first Sunday following the dismissal of school for the academic year, Father shall have custody for a one-week period until the following Sunday at 4:30 p.m. The parents shall continue their alternating custodial schedule throughout the school's summer recess period. Father shall be responsible for arranging daycare or babysitting during his summer custodial weeks. 8. Mother shall see to it that the children take any medication which is prescribed by a physician. She shall immediately schedule an appointment with the children's pediatrician to see what medication has been prescribed, and it shall continue to be given until a physician tells her in writing otherwise. Father shall provide Mother with copies of his insurance cards with respect to the children and shall sign any necessary releases so that the pediatrician and other medical providers will cooperate with Mother. Br ey A. Winnick, Esquire F r the Plaintiff/Respondent Jane M. Alexander, Esquire For the Defendant/Petitioner in srs TRUE (''"''r'RECORD time '? sat my hand ?,sl , a, he seal v Edward E. Guido, J. BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. (:?C)o U CV Dn)-7 1, UL CIVIL ACTION - LAW IN CUSTODY 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. §4904 relating to unsworn falsification to authorities. Date: Brian Knepper, Sr., P, , tiff RECEIVED MAY 0 7 2008 COURT ADAAINS. 1? BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. ZW U V ?? LU a o CIVIL ACTION - LAW IN CUSTODY -° -` :r> CD AFFIDAVIT OF SERVICE a -?C c cn I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the within Custody Complaint and Order of Court scheduling a Pre-Hearing Custody Conference for June 27, 2008 at 9:30 a.m., on the Defendant, Charity Knepper, n/k/a Charity Howell, at the Defendant's present address as follows: 1934 Forster Street, Harrisburg, PA 17103, by certified mail, restricted delivery, return receipt requested on the 22nd day of May, 2008. The Certified Mail Receipt and PS Form 3811 was not returned; therefore, attached is the United States Postal Service's verification of service with Defendant's signature, marked Exhibit "A" and made a part hereof by reference thereto. Date: May 28, 2008 By: ( it, Je tte L. Roberts COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK COLGAN MARZZACCO, LLC SS On this, the 28th day of May, 2008, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARY IC My CO h"VV MNNSYLVANIA Notarial Seal Timothy J. Colgan, Notary Public DMsburg Boro, York County My Commission Fires OcL 3, 2010 Member, Pennsylvania Association of Notaries ? 1•T'f -G ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CHARITY HOWELL 1934 FORSTER STREET HARRISBURG, PA 17103 A S X44'` C3 Agent 13 Addressee B. Received W(Printed Name) C. Date f Delivery a 2?,. D. Is delivery address different from item 1? Yes - ff If YES, enter delivery address below: ? No 3. Sieqfte 7w* t0VOIlled Mail 13 Ekpress Mali 13 Registered O Return Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Resklated Delivery? (Ex" Fee) 2. Article Number (rMwerftmSWVicelsbs!) 7007 022Q ??03 3289 6474 Ps Form 3811, February 20134 Domestic Return Receipt 102_M-1540 EXHIBIT "A" T, 4 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant kS IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2008-CV-05317 CU CIVIL ACTION - LAW IN CUSTODY STIPULATION TO TRANSFER CUSTODY CASE TO CUMBERLAND COUNTY a -) ct? .. d% AND NOW this of , 2008, the parties to the above captioned matter, by and through their rneysItip ate an d agree as follows: 1. The Plaintiff is Brian Knepper, Sr. who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charity Knepper, n/k/a Charity Howell, who currently resides at 1934 Forster Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The parties' children are: Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. A prior custody action was filed with the Cumberland County Court of Common Pleas docketed at 01-7085 CIVIL TERM. 5. On May 7, 2008, Plaintiff filed the above-captioned custody action in the Dauphin County Court of Common Pleas. 6. Since the filing of the above-captioned custody action, Defendant's Counsel has raised issues with regard to the Dauphin County Court of Common Pleas having Jurisdiction in this matter. 7. The Counsel for the parties agree and stipulate that the above-captioned custody matter be transferred from the Dauphin County Court of Common Pleas to the Cumberland County Court of Common Pleas. WHEREFORE, Plaintiff respectfully requests This Honorable Court transfer the above- captioned custody matter to the Cumberland County Court of Common Pleas. G4 .< Thomas M. Clark, Esquire 130 West Church Street, Suite 100 Dillsburg, PA 17019 tie M. Alexanr, Esii 8 South Balti ore Squ .O. Box 421 lillsburg, PA 17019-0421 v 411 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant Q V IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2008-CV-05317 CU CIVIL ACTION - LAW IN CUSTODY AND NOW, this day of , 2008 upon consideration of the Stipulation to Transfer Custody Case to Cumberland County, it is hereby ORDERED and DECREED that said case be transferred to Cumberland County Court of Common Pleas. The Dauphin County Prothonotary is hereby ORDERED to transfer said case to Cumberland County Court of Common Pleas. By the Court, J. DISTRIBUTION: Thomas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 Jane M. Alexander, Esquire, 148 South Baltimore Street, Dillsburg, PA 17019 Dauphin County Prothonotary ` G : 1 it ftt 00 i V r;^ BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL' 01-7085 CIVIL : CIVIL ACTION -LAW : IN CUSTODY MOTION FOR CONSOLIDATION AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Motion for Consolidation, and in support thereof, avers as follows: 1. The Plaintiff is Brian Knepper, Sr. who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charity Knepper, n/k/a Charity Howell, who currently resides at 1934 Forster Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The parties' children are: Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. A prior custody action was filed with the Cumberland County Court of Common Pleas docketed at 01-7085 CIVIL TERM. 5. On May 7, 2008, Plaintiff filed the above-captioned custody action in the Dauphin County Court of Common Pleas. 6. The parties later stipulated that the Dauphin County case be transferred from the Dauphin County Court of Common Pleas to the Cumberland County Court of Common Pleas. 7. When the Dauphin County case was transferred, the case was given the new docket number 08-4849. Since there was a prior custody action in Cumberland County, we respectfully request that docket 08-4849 be consolidated with the prior docket 01-7085. WHEREFORE, Plaintiff respectfully requests This Honorable Court consolidate docket 08- 4849 with the prior docket 01-7085. Respectfully submitted, COLG RZZACCO LLC By: Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated: d? Fax: (717) 502-5050 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the Motion BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant for Consolidation upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Date: l /0.15- Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 By. Thomas M. Clark, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 r"7 " ? ? ?? ? a ? ?', C,.r ., ..:?. { r::? , .. ? ,..t --s ?-- ??,? ?., ..r BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL. 01-7085 CIVIL : CIVIL ACTION -LAW : IN CUSTODY AMENDED MOTION FOR CONSOLIDATION AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Amended Motion for Consolidation, and in support thereof, avers as follows: 1. The Plaintiff is Brian Knepper, Sr. who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charity Knepper, n/k/a Charity Howell, who currently resides at 1934 Forster Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The parties' children are: Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. A prior custody action was filed with the Cumberland County Court of Common Pleas docketed at 01-7085 CIVIL TERM. 5. On May 7, 2008, Plaintiff filed the above-captioned custody action in the Dauphin County Court of Common Pleas. 6. The parties later stipulated that the Dauphin County case be transferred from the Dauphin County Court of Common Pleas to the Cumberland County Court of Common Pleas. 7. When the Dauphin County case was transferred, the case was given the new docket number 08-4849. 8. Since there was a prior custody action in Cumberland County, we respectfully request that docket 08-4849 be consolidated with the prior docket 01-7085. 9. The matter docketed at 01-7085 was previously assigned to the Honorable Judge Edward E. Guido for a custody hearing. 10. Undersigned Counsel spoke with Defendant's counsel, Jane Alexander, Esquire, regarding this Motion. Attorney Alexander stated that she concurs with consolidation of docket 08-4849 with prior docket 01-7085. WHEREFORE, Plaintiff respectfully requests This Honorable Court consolidate docket 08- 4849 with the prior docket 01-7085. By: Dated: '? 1011 Respectfully submitted, COL RZZACCO LLC Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the Amended Motion for Consolidation upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Date: 4 rBy: Thomas M. Clark, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 N 5, c n t BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL" 01-7085 CIVIL : CIVIL ACTION -LAW : IN CUSTODY AMENDMENT TO MOTION FOR CONSOLIDATION AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Amendment to Motion for Consolidation, and in support thereof, avers as follows: 1. The matter docketed at 0l -7085 was previously assigned to the Honorable Judge Edward E. Guido for a custody hearing. 2. Undersigned Counsel spoke with Defendant's counsel, Jane Alexander, Esquire, regarding this Motion. Attorney Alexander stated that she concurs with consolidation of docket 08-4849 with prior docket 01-7085. WHEREFORE, Plaintiff respectfully requests This Honorable Court consolidate docket 08- 4849 with the prior docket 01-7085. Respe 1 submitted, By: Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated: ?' ?? Fax: (717) 502-5050 Y : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant Amendment to Motion for Consolidation upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Date: . Lo rr l B Y: Thomas M. Clark, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 ADD c C7' I f BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant SEP 0 g 20086 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL 01-7085 CIVIL CIVIL ACTION -LAW IN CUSTODY AND NOW, this day of , 2008 upon. consideration of the within Motion for Consolidation, it is hereby Ordered that the case docketed at 08-4849 be consolidated with the prior case docketed 0l -7085. J. DISTRIBUTION: omas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 Jane M. Alexander, Esquire, 148 South Baltimore Street, Dillsburg, PA 17019 CoPree I?(L?oe lVJN''•VAI,kSNN d 9S :9 WV 91 d9S BOOZ AMON011tudd 3H1 3Q BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4849 CIVIL : CIVIL ACTION -LAW : IN CUSTODY MOTION FOR CONTINUANCE AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Motion for Continuance, and in support thereof, avers as follows: 1. The Plaintiff is Brian Knepper, Sr. who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charity Knepper, n/k/a Charity Howell, who currently resides at 1934 Forster Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The parties' children are: Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. A custody trial is currently scheduled for March 9, 2009 before the Honorable Edward E. Guido. 5. The parties are currently going through a custody evaluation that is being performed by Deborah Salem of Interworks. As of the date of this Motion, Ms. Salem has not completed her sessions with the parties and therefore Ms. Salem's report has not been completed. 6. I spoke with Attorney Jane M. Alexander, Esquire regarding this Motion for Continuance. Attorney Alexander stated that she is in agreement with this matter being continued. (A letter from Attorney Alexander is attached hereto as Exhibit A.) Attorney Alexander and myself believe it is in the best interest of the parties for the Court to have Ms. Salem's completed report. 7. This matter has been heard in the past and is currently scheduled to be heard by The Honorable Edward E. Guido. WHEREFORE, Plaintiff respectfully requests This Honorable Court continuance the custody trial currently scheduled in this matter. By: Dated: -Z 12-1VIC,Of Respectfully submitted, COLG ZACCO LLC Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 EXHIBIT A ATTORNEY AT LAw 148 SOUTH BALTIMORE STREET P. O. BOX 421 DILLSBURG, PENNSYLVANIA 17019-0421 (717) 432-4514 FAX (717) 502-1087 E-Mail: jmaiexander.148@earthlink.net February 12, 2009 Thomas Clark, Esq. Colgan Marzzacco 130 W_ Churrb Street, Smite 100 Dillsburg, PA 17019 RE: Brian Knepper, SR. Vs. Charity Knepper N/K/A Charity Howell Dear Tom, This letter will confirm our phone conference of February 9, 2009. My client, Charity Howell, advised me that the counseling sessions and evaluations with Deborah Salem are not complete and felt that the Custody Hearing before Judge Guido-on March 9, 2009 should be continued for at least another month. I also called Deborah Salem's office and her associate confirmed that the session got a late start and that they would not be ready for the hearing on ':March 9, 2009. It is my understanding that you will promptly contact Judge Guido and request a continuance. Given the above sta_tiis information I concur in the request. JMA/tn-1 CC: Charity Howell . Very tnily yours, e M. Alex ar er BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NOS. 08-4849 CIVIL : CIVIL ACTION -LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the Motion for Cotinuance the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Date: t o f By: "G Thomas M. Clark, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 ? ? -, ?-.? ? ?-, :.:a _ 4?^J j1 C','F ??) C; , ?^""` ? 7 C, , °^ MAR 0 5 c00?- BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ` day of T ' `? , 2009 upon consideration of the within Motion for Continuance, it is hereby Ordered that the custody trial currently scheduled for March 9, 2009, is continued until M ?y , 2009ot 5:.30 By the,urt J. DISTRIBUTION: ,/hhomas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 ,Ja ie M. Alexander, Esquire, 148 South Baltimore Street, Dillsburg, PA 17019 c, C vs D£S ` INVAI.k'St,IN3d + O : I I wv 9- 8vw 6ooz `IDNCHIO'J'd 3H JO '11M?0-03113 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4849 CIVIL : CIVIL ACTION -LAW : IN CUSTODY MOTION FOR CONTINUANCE AND COMES NOW, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Motion for Continuance, and in support thereof, avers as follows: 1. The Plaintiff is Brian Knepper, Sr. who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Charity Knepper, n/k/a Charity Howell, who currently resides at 1934 Forster Street, Harrisburg, Dauphin County, Pennsylvania 17103. 3. The parties' children are: Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. A custody trial is currently scheduled for May 4, 2009 before the Honorable Edward E. Guido. 5. The parties are currently going through a custody evaluation that is being performed by Deborah Salem of Interworks. As of the date of this Motion, Ms. Salem has not completed her sessions with the parties and therefore Ms. Salem's report has not been completed. Please see Ms. Salem's email addressed to Counsel on April 14, 2009. (Attached hereto as Exhibit A.) 6. I spoke with Attorney Jane M. Alexander, Esquire regarding this Motion for Continuance. Attorney Alexander stated that she is in agreement with this matter being continued. (A letter from Attorney Alexander is attached hereto as Exhibit B.) Attorney Alexander and myself believe it is in the best interest of the parties for the Court to have Ms. Salem's completed report. 7. This matter has been heard in the past and is currently scheduled to be heard by The Honorable Edward E. Guido. WHEREFORE, Plaintiff respectfully requests This Honorable Court continuance the custody trial currently scheduled in this matter. Dated: Y 21 a F Respectfully submitted, COLG ZACCO LLC By: ??. Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 EXHIBIT A Page 1 of 2 Thomas Clark From: Inter Works (Frontdesk@interworksonline.com] Sent: Tuesday, April 14, 2009 8:37 AM To: jmalexanderl48@earthlink.net Cc: Thomas Clark Subject: Howell v Knepper Follow Up Flag: Follow up Flag Status: Completed Dear Attorneys: With regard to Attorney Clark's request for the status of the Howell v Knepper custody evaluation, please be advised that although I am more than half-way through the face to face sessions and information gathering, I will not be done with the sessions and the report before the scheduled hearing on May 4, 2009. This is partly due to my having missed almost a month of work due to pneumonia. It is also due to the nature of the many- faceted dynamics in this separated family. I anticipate that I will have the full report to the two of you no later than the second week of June, 2009. If there is any change in this timing, I will let you know. Please call if you have any questions. With Sincerity, Deb Salem PS If you did not receive either an email or a postcard announcing that our office has moved (and right next door to the prior office) please note the change of address below. Also note that our email address, phone and fax numbers all remain the same. Deborah L. Salem, CACD, LPC Clinical Director Anthea L. Stebbins, MSW,LSW Heather Duncan, BS Case Manager Interworks 4331 North Front Street Harrisburg, PA 17110 717-236-6630 717-236-6677 (fax) This email contains PRIVILEGED and CONFIDENTIAL INFORMATION intended only for the use of the recipient named above. The information may be protected by state and federal laws, including, without limitation, the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which prohibit unauthorized disclosure. If you are not the intended recipient, you are hereby notified that any use or dissemination of this information is strictly prohibited. If you have received this email in error, please immediately notify the sender n ??ni?nno EXHIBIT B ATTORNEY AT LAW 148 SOUTH BALTIMORE STREET P0.BOX421 DILLSBURG. PENNSYLVANIA 17019-0421 (717) 432-4514 FAX (717) 502-1087 E-Mail: jmelexander.148@earthlink.net April 16, 2009 Thomas M. Clark, Esq. Colgan Marzzacco 130 W. Church Street, Suite 100 Dillsburg, PA 17019 RE: Brian Knepper, Sr. vs. Charity Knepper N/K/A Charity Howell Dear Tom, This letter will confirm our phone conversation of April 16, 2009. It is my understanding that because of the illness of the evaluator, Deborah Salem, the counseling session and evaluation are not complete. Therefore she would not be prepared to testify at the trial currently scheduled for May 4, 2009 before Judge Guido. It is my understanding that you will promptly contact Judge Guido and request a continuance. Give :i the above status z f o rm. atio i concar :. the Ve# truly yours, JMA/tm CC, Chtfrity HOW61 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, hereby certify that I am this day serving a copy of the Motion for Cotinuance the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Jane M. Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 Date: IZ /3 y By: / ?- Thomas M. Clark, Esquire The Wiley Group 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 FLE.i--,,": CE OF TKE 2G il, 9 A F R 22 Pt 1 1: 15 a °r 3 APR 2 3 20Q8 ?, BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOS. 08-4849 CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this ? ? 44A day of 2009 upon consideration of the within Motion for Continuance, it is hereby Ordered that the custody trial currently scheduled for arc 09, is continued until ".tS By th urt, J. DISTRIBUTION: 1111?omas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 ,,,"'Jane M. Alexander, Esquire, 148 South Baltimore Street, Dillsburg, PA 17019 12&piFS mai y/zq?o9 i no 0 S : D WV 6Z `lld ;00Z y ;ui5 , 1 :'Hi -:C; BRIAN KNEPPER, SR., VS. : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. CHARITY 104EPPER, N/K/A CHARITY HOWELL, Defendant : NO. 08-4849 CIVIL ACTION LAW : IN :CUSTODY ORDER OF COURT AND NOW, this day of "/ dam}; 2009, Brian Knepper Sr of 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and Charity Knepper nWa Charity Howell of 403 Herman Ave, Cumberland County Pennsylvania 17043 (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper born 08/11/96 age 12, Robert Knepper born 01/14/98 age 11, and Brian Knepper Jr., born 04/13/99, age 10 as hereinafter set forth in this Agreement, desiring to legally obligate themselves to the terms of said Agreement and Requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, Judge FILED1-11, )i 3 OF THE 2009 JUL 24. PHA 1: 11 BRIAN KNEPPER, SR., VS. : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. CHARITY KNEPPER, N/K/A CHARITY HOWELL, Defendant : NO. 08-4849 CIVIL ACTION LAW : IN :CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this 49 Vt4day of dj Z t / )/ •d }, 2009, Brian Knepper Sr of 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and Charity Knepper nWa Charity Howell of 403 Herman Ave, Cumberland County Pennsylvania 17043 (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper born 08/11/96 age 12, Robert Knepper born 01/14/98 age 11, and Brian Knepper Jr., born 04/13/99, age 10 as hereinafter set forth in this Agreement, desiring to legally obligate themselves to the terms of said Agreement and Requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, WHEREAS, Brian knepper Sr., is the natural Father of said minor children and WHEREAS, Charity Howell is the natural Mother of said minor children and WHEREAS, Father has filed a Petition to Amend the Custody Order of Judge Edward E. Guido dated September 25, 2006, and on November 4, 2008 Judge Guido scheduled a Custody hearing and issued a temporary Order of Custody and WHEREAS, the Custody evaluation by Debra Salem has been complete and based on her recommendations, the parties, desirous of avoiding further legal proceedings, have decided to enter into the following Agreement and Stipulation of Custody. NOW THEREFORE, it is hereby agreed and stipulated between Brian K. Knepper Sr., and Charity Howell as follows: LEGAL CUSTODY: The Father, Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Taylor Knepper, born 08/11/1996, Robert Knepper, born 01/14/1998 and Brian Kepper, Jr., born 04/13/1999. The parties shall have an equal right to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the children including but not limited to medical, dental, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. PRIMARY PHYSICAL CUSTODY: The parties agree that Father and Mother shall have joint physical custody of the children as follows: Parties shall alternate weeks, with Father having the week beginning August 2nd, 2009 at 4:30 pm to August 9th at 4:30 pm and Mother having the week of August 9th at 4:30 pm to August 16th, 2009 at 4:30 pm and continuing alternating weeks thereafter. PHONE CALLS: Both parties shall have the right to call the children and the children have the right to call the other parent as long as the phone calls are not excessively frequent or too long in duration that they disrupt the children's schedule. HOLIDAYS: a. Mother's Day and Father's Day Mother shall always be entitled to have physical custody of the children beginning at 8:00 pm the night before to 8:00 pm on Mother's Day. Father shall always be entitled to have physical custody of the children beginning 8:00 pm the night before to 8:00 pm on Father's Day. b. Easter: Easter shall be arranged in two segments, segment A and segment B. Segment A shall be from 9:00 am until 8:00 pm on Easter Sunday and segment B shall be from 9:00 am until 8:00 pm on the Saturday before Easter. In even numbered years, Father shall have segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have segment A and Father shall have segment B. c. Thanksgiving: Each year Mother shall have custody from 9:00 am until 8:00 pm. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving celebration from 9:00 am until 8:00 pm on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. d. Christmas: In even numbered years, Father shall have custody from 12/24 at 12:00 pm through 12/25 at 12:00 pm, with Mother having custody from 12/25 at 12:00 pm until 12/26 at 12:00 pm. In odd-numbered years, Mother shall have custody from 12/24 at 12:00 pm, until 12/25 at 12:00 pm, with Father having custody from 12/25 at 12:00 pm until 12/26 at 12:00 pm. e. Trick or treat night: Mother shall have custody of the children on this night in odd- numbered years and Father shall have this night in even-numbered years. The custodial time for this night shall be from 5:30 pm until 8:30 pm. f. The holiday schedule, unless otherwise set forth, shall be from 8:00 pm until 8:00 pm. g. The holiday schedule shall take precedence over the regular physical custody schedule. SUMMER VACATION: Each party shall arrange their week of summer vacation during one of their regularly scheduled weeks of custody. As soon as the week the children attend their camp is scheduled Mother shall immediatly notify Father. No matter whose week it is, the alternating weekly schedule shall simply resume after camp week with the parent whose week was taken by camp shall have visitation the next week. TRANSPORTATION: The transportation burden shall be shared by the parents, with the parent who is to obtain custody at the time of exchange to provide for transportation from the residence of the other parent. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. If the children are riding on a motorcycle, the children shall be in the proper gear at all times. At no time shall the children ride on a motorcycle without a proper helmet. Additionally, if a child does not wish to ride on a motorcycle and that child expresses their desire not to ride on a motorcycle, neither Father or Mother shall compel the child to ride on the motorcycle. Both parents shall make certain each child participates in the Mobile Therapy sessions. Each child is scheduled for two hours per week. If the mobile therapist is going to be working with one of the children in the home of one of the parents, the mobile therapist should work at the home of the parent who is scheduled to have custody of the child that week. EXTRACURRICULAR ACTIVITIES: Each party shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parents have custody of the children, they will make certain that the children attend the extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children may participate in those events. Neither parent, however, shall sign up the children for any activity unless the children definitely desire to attend that activity. Participation in activities which take place during school year is contingent upon the children maintaining passing grades in school. Neither parent shall sign up the children for activities that fall on the other parent's period of custody, without consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during both parent's periods of custody, both parents shall cooperate in providing transportation of the children to the activity. However, the custodial parent shall not be required to take the children to that activity if the custodial parent and children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the children to the particular activity, the parent who has custody of the children at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address, and phone numbers of any persons in whose care a child will be for a period in excess of seventy-two (72) hours. ILLNESS OF A CHILD: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of a child shall immediately communicate with the other parties by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. SMOKE/DRINK: Neither party shall smoke in a confined area when the children are present and neither party shall permit another person to smoke in a confined area when a child is present. Further, no party shall use non-prescribed controlled substances or excessively use alcohol while a child is in their custody and control. PLACE OF RESIDENCE: The address of 403 Herman Ave. Lemoyne, Cumberland County, Pennsylvania 17043 of the home of the Mother shall be the stated residence for purpose of school, health, church and similar records. However it is understood and agreed by both parties that the children shall, for the remainder of their school years, attend in the West Shore School District. If either party should move from the West Shore School District, the address of the parent remaining in the District shall be used as the children's principal residence for school purposes. If either party moves out of the District they shall be responsible to transport the children to and from the West Shore School District on school days. (Moreover, each parent shall be responsible for transportation of the children to and from school during their weekly period of custody.) REMOVAL FROM AREA: Neither party shall transport a child over the state line or remove to a point more than 100 miles from home of the party for any reason without notification to the other party. Party removing child shall provide to the other party an address and/or phone number where the child can be reached. MODIFICATION OF ORDER: The parties are free to modify the terms of this Agreement and Stipulation if both parties are in complete agreement to any new terms. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first abo e tten Brian Knepper, laintiff Charity epper n/k/a Charity owell, Defendant Thomas M. Clark, Attorney for Plaintiff M. Ale: nev for 3.17 ?6, ems. r?A BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4849 CIVIL CIVIL ACTION -LAW IN CUSTODY EMERGENCY PETITION FOR CUSTODY MODIFICATION TO ADDRESS SCHOOLING ISSUES AND NOW COMES, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Emergency Petition for Custody Modification To Address Schooling Issues, and in support thereof, avers as follows: 1. The Petitioner/Plaintiff is Brian Knepper, Sr. ("Father") who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent/Defendant is Charity Knepper, n/k/a Charity Howell ("Mother"), who currently resides at 888 Schoolhouse Lane, Lewisberry, Pennsylvania. 3. The minor children are Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. On July 24, 2009, This Honorable Court issued an Order (Attached hereto as Exhibit "A I providing that the parties have shared legal custody and shared physical custody of the minor children. 5. The relationship of Petitioner/Plaintiff to the children is that of Father. 6. The relationship of the Respondent/Defendant to the children is that of Mother. 7. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Father does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. For the following reasons, the best interest and permanent welfare of the children will be served by signing an Order that states that the children shall attend schools in the West Shore School district that coincide with Father's address: a) The July 24, 2009, Order provides as follows: The address of 403 Herman Ave. Lemoyne, Cumberland County, Pennsylvania 17043 of the home of the Mother shall be stated residence for purpose of school, health, church and similar records. However it is understood and agreed by both parties that the children shall, for the remainder of their school years, attend in the West Shore School District. If either party should mover from the West Shore School District, the address of the parent remaining in the District shall be used as the children's principal residence for school purposes. If either party moves out those the District they shall be responsible to transport the children to and from the West Shore School District on school days. (Moreover, each parent shall be responsible for transportation of the children to and from school during their weekly period of custody.) b) Father has resided at the same residence for several years. C) Mother has relocated approximately 3 times in the past 3 years. d) This move would be the 4th consecutive move during the school year for the children. e) Due to Mother's frequent relocations, the children have attended several different schools. f) At the time of the filing of the Petition the children attend schools based on Mother's 403 Herman Ave. Lemoyne, Cumberland County, Pennsylvania 17043 address. g) Mother has notified Father that she will be again relocating from the 403 Herman Ave. Lemoyne, Cumberland County, Pennsylvania 17043 address. h) Specifically, Mother notified Father that as on November 1, 2009, all of the children will be going to new schools based on Mother's new address. i) While the two older children will be attending the same middle school that they would attend if they used Father's address, the parties' youngest child will be going to an elementary school that does not coincide with Father's address. j) Moreover, the two older children will be on track to attend high school next year that does not coincide with Father's address, but rather Mother's new address. k) Mother had stated that the property that she is moving into is a rent to own property. Father, however, received information that the property was simply a rental property. 1) Father believes that it is in the best interest of the children for them to attend schools base on Father's address. m) Using Father's address for schooling will help to ensure stability in the future. n) The children have been in school for approximately two (2) months and are now being asked to make another switch. o) It was July 2009 when the parties' entered the Custody Stipulation in this matter. Had Mother known she was going to relocate she should have agreed to use Father's address at the beginning of the school year and/or addressed this matter at that time. P) Using Father's address for schooling purposes would not require a change in custody as the parties' share physical custody. q) Father does not believe that the July 2009 Order accurately address the given situation and that this is a legal custody matter that should be addressed. 10. Given mother's frequent relocations, Father is concerned for the educational needs of the children. 11. Based on the foregoing, Father believes that it is in the best interest of the children for them to attend schools based on Father's address. 12. This custody matter was previously assigned to The Honorable Edward E. Guido who executed the Order dated July 24, 2009. 13. The undersigned has sought the concurrence of Jane Alexander, Esquire, counsel of record for Respondent / Defendant for the foregoing Petition, however, counsel does not concur with said Petition. WHEREFORE, Father respectfully requests This Honorable Court sign an Order whereby the children attend schools in the West Shore School District based on Father's current residence. Respectfully submitted, COLGAN MARZZACCO, LLC By. 964?1-1 A? Thomas . Cl squire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 gNwyq BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. VS. : NO. 084849 CIVIL ACTION LAW CHARITY KNEPPER, N/K/A CHARITY HOWELL, IN Defendant :CUSTODY ORDER OF COURT AND NOW, this day of der; 2009, Brian Knepper Sr of 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and Charity Knepper n/k/a Charity Howell of 403 Herman Ave, Cumberland County Pennsylvania 17043 (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper born 08/11/96 age 12, Robert Knepper born 01/14/98 age 11, and Brian Knepper Jr., born 04/13/99, age 10 as hereinafter set forth in this Agreement. desiring to legally obligate themselves to the terms of said Agreement and Requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, Judge RLEL)-4? OF THE PM--, rw('",DIARY 2009 JUL 24 Pit 3: 17 CUM " ' , ,-A.?II l Pb Y i4?: "l.VANA BRIAN KNEPPER, SR., VS. : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. CHARITY KNEPPER, N/K/A CHARITY HOWELL, Defendant : NO. 08-4849 CIVIL ACTION LAW : IN :CUSTODY AGREEMENT AND STIPULATION OF CUSTODY .?, 2009, AND NOW, this T t4day of !V L,t 1 4%ia Brian Knepper Sr of 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and Charity Knepper nWa Charity Howell of 403 Herman Ave, Cumberland County Pennsylvania 17043 (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper born 08/11/96 age 12, Robert Knepper born 01/14/98 age 11, and Brian Knepper Jr., born 04/13/99, age 10 as hereinafter set forth in this Agreement, desiring to legally obligate themselves to the terms of said Agreement and Requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, WHEREAS, Brian knepper Sr., is the natural Father of said minor children and WHEREAS, Charity Howell is the natural Mother of said minor children and WHEREAS, Father has filed a Petition to Amend the Custody Order of Judge Edward E. Guido dated September 25, 2006, and on November 4, 2008 Judge Guido scheduled a Custody hearing and issued a temporary Order of Custody and WHEREAS, the Custody evaluation by Debra Salem has been complete and based on her recommendations, the parties, desirous of avoiding further legal proceedings, have decided I to enter into the following Agreement and Stipulation of Custody. NOW THEREFORE, it is hereby agreed and stipulated between Brian K. Knepper Sr., and Charity Howell as follows: LEGAL CUSTODY: The Father, Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Taylor Knepper, born 08/11/1996, Robert Knepper, born 01/14/1998 and Brian Kepper, Jr., born 04/13/1999. The parties shall have an equal right to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the children including but not limited to medical, dental, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. PRIMARY PHYSICAL CUSTODY: The parties agree that Father and Mother shall have joint physical custody of the children as follows: Parties shall alternate weeks, with Father having the week beginning August 2nd, 2009 at 4:30 pm to August 9th at 4:30 pm and Mother having the week of August 9th at 4:30 pm to August 16th, 2009 at 4:30 pm and continuing alternating weeks thereafter. PHONE CALLS: Both parties shall have the right to call the children and the children have the right to call the other parent as long as the phone calls are not excessively frequent or too long in duration that they disrupt the children's schedule. HOLIDAYS: a. Mother's Day and Father's Day Mother shall always be entitled to have physical custody of the children beginning at 8:00 pm the night before to 8:00 pm on Mother's Day. Father shall always be entitled to have physical custody of the children beginning 8:00 pm the night before to 8:00 pm on Father's Day. b. Easter: Easter shall be arranged in two segments, segment A and segment B. Segment A shall be from 9:00 am until 8:00 pm on Easter Sunday and segment B shall be from 9:00 am until 8:00 pm on the Saturday before Easter. In even numbered years, Father shall have segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have segment A and Father shall have segment B. c. Thanksgiving: Each year Mother shall have custody from 9:00 am until 8:00 pm. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving celebration from 9:00 am until 8:00 pm on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving I celebration as soon as the plans have been made. d. Christmas: In even numbered years, Father shall have custody from 12/24 at 12:00 pm through 12/25 at 12:00 pm, with Mother having custody from 12/25 at 12:00 pm until 12/26 at 12:00 pm. In odd-numbered years, Mother shall have custody from 12/24 at 12:00 pm, until 12/25 at 12:00 pm, with Father having custody from 12/25 at 12:00 pm until 12/26 at 12:00 pm. e. Trick or treat night: Mother shall have custody of the children on this night in odd- numbered years and Father shall have this night in even-numbered years. The custodial time for this night shall be from 5:30 pm until 8:30 pm. f. The holiday schedule, unless otherwise set forth, shall be from 8:00 pm until 8:00 pm. g. The holiday schedule shall take precedence over the regular physical custody schedule. SUMMER VACATION: Each parry shall arrange their week of summer vacation during one of their regularly scheduled weeks of custody. As soon as the week the children attend their camp is scheduled Mother shall immediatly notify Father. No matter whose week it is, the alternating weekly schedule shall simply resume after camp week with the parent whose week was taken by camp shall have visitation the next week. TRANSPORTATION: The transportation burden shall be shared by the parents, with the parent who is to obtain custody at the time of exchange to provide for transportation from the residence of the other parent. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. If the children are riding on a motorcycle, the children shall be in the proper gear at all times. At no time shall the children ride on a motorcycle without a proper helmet. Additionally, if a child does not wish to ride on a motorcycle and that child expresses their desire not to ride on a motorcycle, neither Father or Mother shall compel the child to ride on the motorcycle. Both parents shall make certain each child participates in the Mobile Therapy sessions. Each child is scheduled for two hours per week. If the mobile therapist is going to be working with one of the children in the home of one of the parents, the mobile therapist should work at the home of the parent who is scheduled to have custody of the child that week. EXTRACURRICULAR ACTIVITIES: Each party shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parents have custody of the children, they will make certain that the children attend the extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children may participate in those events. Neither parent, however, shall sign up the children for any activity unless the children definitely desire to attend that activity. Participation in activities which take place during school year is contingent upon the children maintaining passing grades in school. Neither parent shall sign up the children for activities that fall on the other parent's period of custody, without consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during both parent's periods of custody, both parents shall cooperate in providing transportation of the children to the activity. However, the custodial parent shall not be required to take the children to that activity if the custodial parent and children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the children to the particular 1 activity, the parent who has custody of the children at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address, and phone numbers of any persons in whose care a child will be for a period in excess of seventy-two (72) hours. ILLNESS OF A CHILD: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of a child shall immediately communicate with the other parties by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. SMOKE/DRINK: Neither party shall smoke in a confined area when the children are present and neither party shall permit another person to smoke in a confined area when a child is present. Further, no party shall use non-prescribed controlled substances or excessively use alcohol while a child is in their custody and control. PLACE OF RESIDENCE: The address of 403 Herman Ave. Lemoyne, Cumberland County, Pennsylvania 17043 of the home of the Mother shall be the stated residence for purpose of school, health, church and similar records. However it is understood and agreed by both parties that the children shall, for the remainder of their school years, attend in the West Shore School District. If either party should move from the West Shore School District, the address of the parent remaining in the District shall be used as the children's principal residence for school purposes. If either party moves out of the District they shall be responsible to transport the children to and from the West Shore School District on school days. (Moreover, each parent shall be responsible for transportation of the children to and from school during their weekly period of custody.) REMOVAL FROM AREA: Neither party shall transport a child over the state line or remove to a point more than 100 miles from home of the party for any reason without notification to the other party. Party removing child shall provide to the other party an address and/or phone number where the child can be reached. MODIFICATION OF ORDER: The parties are free to modify the terms of this Agreement and Stipulation if both parties are in complete agreement to any new terms. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day year first above w ' en. Brian Knepper, Sr. tiff Charity per n/k/a Charity ff6well, Defendant cz?_-11_ - Thomas M. Clark, Attorney for Plaintiff fne M. Alexaiide(, ttorney for Defenc BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 08-4849 CIVIL : CIVIL ACTION - LAW IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dater-Z -09 G, Brian Knepper, Sr., aintiff 16 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4849 CIVIL CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of Plaintiffs Emergency Petition for Custody Modification To Address Schooling Issues upon the following individual, via United States First Class mail, postage prepaid, addressed as follows: Jane Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 FAX - 502-1087 COLGAN MARZZACCO, LLC By: I;,- PM-C, _ attA, ?? Thomas . Clark, squire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: d ?L?'? FlLD -tit i 1" OF THE PRO TwHoNo CRY 2009 OCT 28 PFD 2: 2 b CUC?? a U ?I ly ?'` 7p. ?U P d- rz? 114a--l.Cc LG O ? ocr z a zoos BRIAN KNEPPER, SR., Respondent VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 084849 CIVIL CIVIL ACTION - LAW IN CUSTODY RULE TO SHOW CAUSE A -ZL AND NOW this g [ day of D , 2009, upon consideration of the foregoing petition, it is hereby Ordered that: (1) A Rule is issued upon the Respondent to show cause why the petitioner is not entitled to the relief requested; te; R.C.P. 7; (?l all be held on lo 2009 in Courtroom 3 of the Cumberland County Court of Common Pleas located at One Courthouse Square, Carlisle, Pennsylvania; and (6) The Petitioner shall provide notice of the entry of this order to all parties by the Court. Distribution: Thomas M. Clark, Esquire Jane Alexander, Esquire 4 J. FILECHDF GE OF THE PROTHONOTARY 2009 OCT 29 PM 1: 2 b CUMLSL CDUN Y PENNSYLVANIA 11/19/2009 07:32 7175610795 FEDEXKINKOS1756 PAGE 07/09 ASMG FOR AN ORDER BVIC MG EACH TENANT FROM THE LEASED PREMISES WMOUT GIVING EACH TMAW NOTI(M TO QUT FIRST. IF TENANT VIOLATES THE LEASE AGREEMENT. THE LANDLORD MAX SUE EACH TENANT IN COURT OR CONFABS JLWClWINT AGAINST EACH TENANT: 1. TO EM MS LEASE WITHOUT PRIOR NOTICE TO TENANT. 2. TO COLLECT OVERDUE RENT, LATE CHARGES AND MONEY DAMAGES CAUSED BY TENANT'S VIOLATION OF THE AGRIDDIM]TS IN THE LEASE. 3. TO RECOVER POSSESSION OF THE LEASED PREMISES (BVIC'TION). 4. TO COmwr FOR uNPAID RENT UNTIL THE END OF THE LEASE OR UNIZL ANOTBM PERSON TAKES POSMMION OF THE LEASED FRE EM AS A NEW TENANT. 19. END of LEASE OR RENEWAL Eidt w patty may end this Law on its andius date by waken noticia. Laaadlord or Tegam must mweive On notice at least 60 days bealom the enftw date of the Lease. The Imam will a?atomnaetically umew for cm year if nt r patty ends the Inn by its e udigg dale. Auto n de raoewal will not chaa?ge the ocnaots 0f dL% base ewRX that the meat for a ono.-year wamol period wig be $ 3o . co per modh moae Om ft amoaat of the previous eme-yearpenod. If Tenant w&nts to =0w this Isms on a nouLt-to-month basis. written notice vow be ptovi" to loodkwd at lewK 0 days bef m the endog date of the I-now. The sent for a month to-momh rwecwal wffi be S (oa •.? pea' mtmth mote ftm the amoml of the pxevious ooe year zeal period. Landlord may change the teaffi of lire Lease by seaW* written notice to Tenant at least 60 days before the end of the Lease. Tema may upecx the changes contained in the Landlord's notice by sc ndmg written notice to Lsa fficed within Li days of the dame of dw Landlord's notice. Te narl must then vacate by the end of the IM W peoi W. The 1=W will teaew on the terms sd forth in landlo r, Hoorn; if Teoauat does not send notice endmg the Lease. ... IAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. :No. 08-4849 Civil ARITY KNEPPER, n/k/a : ARITY HOWELL, :CIVIL ACTION-LAW Defendant :IN CUSTODY Defendant's Answer to Emergency Petition for Custody Modification to Address Schooling Issues AND NOW COMES, Charity Howell, by and through her attorney, Jane M. exander, Esquire and files this answer to Plaintiff s Emergency Petition for Custody edification to Address Schooling Issues and in support thereof, answers as follows: 1. Admitted 2. Admitted 3. Admitted 4, Admitted 5. Admitted 6. Admitted 7. Denied, as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 8. Denied, as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 9. Admitted in part, denied in part. It is admitted that the best interest and permanent welfare of the children will be served by the children attending schools in the West shore School District but is denied that such attendance needs to coincide with 'laintiff's address as their attendance at their current schools has proven to be a) Admitted b) Admitted c) Denied, Defendant was living at 1206 North Second Street, Harrisburg, Pa., on September 25, 2006 when she was awarded primary physical custody. On October 1, 2006 Defendant moved to 1934 Forster Street, Harrisburg, Pa because they needed larger living quarters for the family. The parties lived at that address until October 1, 2008 when they moved to 403 Herman Avenue, Lemoyne, Pa so the children could attend school in the West Shore School District. She made two relocations in the past 3 years not three. d) Denied, this move would not be the 4t' consecutive move during the school year. This move to 888 School House Lane is the only move in this school year. e) Admitted f) Admitted g) Admitted h) Admitted i) Admitted j) Admitted k) Admitted in part and denied in part. It is admitted that the Defendant has moved into a rent to own property but denied allegations it is simply a rental property. A ;opy of Defendant's lease and an email exchange between the Ian dlord and tenant larked Exhibit A and attached hereto and made a part hereof document it is a rent to 1) Denied, as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. m) Denied, as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. n) Admitted o) Admitted in part, and denied in part. It is admitted that the parties entered the Custody Stipulation in this matter. Denied that Defendant did not know she was going to relocate. Defendant advised Plaintiff that she was seeking a better location within the West Shore School District in July, 2009. p) Denied. Using Plaintiff's address for custody would create a change in the terms of the custody order. q) Denied, these are Plaintiff's personal opinions not facts to which response is required. 10. Denied, these are Plaintiffs personal opinions not facts to which response is required. 11. Denied, these are Plaintiff's personal opinions not facts to which response is required. 12. Admitted 13. Admitted NEW MATTER 14. Defendant has not violated an order signed by Judge Edward E. Guido on July 24, 2009. She has relocated, as the stipulation provides, so that children shall, for the remainder of their school years, attend in the West Shore School District. 15. Both parents continue to reside in the West Shore School District and the only reason for changing the children's principal address for school purposes would be the move of the parent from the school district. This has not occurred. 6. Plaintiff has offered to sign a statement to amend the agreement and Stipulation of ustody dated July 24, 2009 to state that she will not move from her current address of 88 School House Lane, Lewisberry, Pa for the next five years. Plaintiff refused to cceot that commitment. 7. Plaintiff believes that the children should continue to attend the schools in the West Shore School District based on her current address which is in the West Shore School District in a more rural area. 8. The current residence is an area more healthy and environmentally friendly for the growth and development of the children. WHEREFORE, Mother/Defendant respectfully requests that the Honorable Court does not modify the existing order to change the address of the children for school urposes but also, to provide assurance as to the stability of residence that the children hall continue to reside at 888 School House Lane, Lewisberry, Pa for a minimum period of five years the order should contain that provision. Respectfully submitted, By: A Alexarider,?sq # 07355 t S. Baltimore Street lsburg, Pa 17019 (717)432-4514 Date: i r KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLANDCOUNTY, : PENNSYLVANIA VS. :No. 08-4849 Civil KNEPPER, n/k/a : HOWELL, :CIVIL ACTION-LAW Defendant AN CUSTODY VERIFICATION I verify that The statements made in this Answer are true and correct. I Land that false statements herein are made subject to the penalties of 18 Pa C.S. relating to unsworn falsification to authorities. Charity Howel , e t HUD-OFPICE OF THE F'FMMURY M9 NOV 18 PM 3'. 32 i? NSYWANIA ?\ \ ov ?? u-' tool . ? o? -3161 c. LEASE THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING CONTRACT BETWEEN THE LANDLORD AND EACH TENANT. EACH TENANT SHOULD READ THIS LEASE CAREFULLY. THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR RIGHTS AS A TENANT. EACH TENANT SHOULD NOT SIGN THIS LEASE UNTIL EACH TENANT UNDERSTANDS ALL OF THE AGREEMENTS IN THIS LEASE. 1. NAMES OF LANDLORD AND TENANT Name of Landlord: Brian Spahr Name(s) of Tenant(s): Name(s) of other occupants: a1?_ ""4 ?_n L 0 C- ??c???'r t tri c?v} Kra r -CLj??Ot 2. LEASED PREMISES The lease premises is the place that the Landlord agrees to lease to Tenant. The leased premises is: gS9 School House Lane 3. STARTING AND ENDING DATES OF LEASE AGREEMENT This lease starts on: V This lease ends on: Cb1?2?ta 4. RENT The amount of rent is $??.5 each month. C Tenant agrees to pay the monthly rent in advance on or before the I" day of each month. Landlord does not have to ask (MAKE DEMAND UPON) Tenant to pay rent. Tenant agrees to pay by first class mail postage prepaid or in person to Landlord at the place specifies by Landlord. 4 Tenant agrees that only the names listed above will reside at residence without prior written approval from the Landlord. Tenant agrees that only with written approval by the Landlord, a guest may stay overnight and the Tenant will pay an additional $5.00 for each day the guest stays, not to exceed. $50 a month. Tenant agrees to pay a LATE CHARGE of $ S. J? per day if Tenant does not pay rent on time. If Tenant mails the rent to Landlord, the date of payment will be the date the letter is postmarked. Tenant agrees to pay an additional $25 charge for any returned checks. 5. SECURITY DEPOSIT Tenant agrees to pay a security deposit of $ +12 5, _ Tenant agrees to pay the security deposit to Landlord before the lease starts and before Landlord gives possession of the leased premises to Tenant. Landlord can take money from the security deposit to pay for any damages caused by Tenant, Tenant's family, pets and Tenant's guests. Landlord may take the security deposit to pay for any unpaid rent. After taking out for damages and unpaid rent, Landlord agrees to send to Tenant any security deposit left over. Landlord will send the remaining security deposit money to Tenant no later than 30 days after the lease ends and Tenant leaves, if Tenant provides Landlord, in writing, with their forwarding address. Landlord also agrees to send to Tenant a written list of damages and amounts of money taken from the security deposit. Tenant agrees to give Landlord a written forwarding address when Tenant leaves and the lease ends. Tenant may not use the security deposit as payment of the last month's rent. 6. LANDLORD'S DUTY AT THE START OF THE LEASE Landlord agrees to give Tenant possession of the Lease premises on the starting date of the lease. The lease will start even if Landlord cannot give Tenant possession of the lease premises because the prior Tenant is still in the lease premises or the lease premises is damaged. IF LANDLORD CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY RENT UNTIL THE DAY LANDLORD GIVES POSSESSON OF THE LEASED PREMISES TO TENANT. ? ?p it sr 11/19/2009 07:32 7175610795 FEDEXKINKOS1756 PAGE 03/09 7. DAMAGE TO LEASED PREPMES Tenant agrees to notify the Landlord immediately if the leased premises is damaged by fire or any other cause. Tenant agrees to notify landlord if there is any condition in the lease premises that could damage the leased premises or harm Tenant or others. If Tenant cannot live in the whole leased premises because it is damaged or destroyed, Tenant may: live in the undamaged part of the leased premises and pay less rent ur W the leased premises is repaired; OR 2. end the lease and leave the leased premises. Tenant agrees that if the leased premises is damaged or destroyed and Tenant ends the lease, Landlord has no further responsibility to Tenant. 8. INSURANCE Landlord agrees to have insurance on the building where the lease premises is located. Tenant's own property is not Wsured by Landlord's insurance. Tenant is responsible for Tenant's own property that is located in the leased premises and is required to have renter's insurance. 9. TRANSFERS BY TENANT ASSIGNMENT (OR ASSIGN) is the legal term for a transfer of the lease from the Tenant to another person. This other person then becomes the Landlord's WW Term and. takes over the lease . Tenant agrees not to transfer (assign) this lease to anyone else without the written permission of Landlord. . A sublease is a separate lease betweev the Tenant and another person who leases all or a part of the leased premises from the Tenant. Tenant agrees not to lease (sublease) all or any part of the lease premises to anyone else without the written consent of Landlord. Tenant agrees that if Tenant transfers this lease (assigns) or leases all or a part of the lease premises to another (sublease), Tenant has violated this lease. 10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE 3 11/19/2009 07:32 7175610795 FEDEXKINKOS1756 PAGE 04/09 Landlord is responsible for all damage to property or injury to people caused by Landlord (or Landlord's representatives) intemional or negligent acts at the leased premises. Tenant is responsible for all damage to the leased premises and injury to people caused by Tenant, Tenant's family, guests or pets. Tenant agrees that Landlord is not responsible to Tenant, Tenant's family, guests or pets for damage or injury caused by water, snow or ice that comes on the leased premises unless Landlord was at fault. 11. USE OF LEASED PREMISES Tenant agrees to use the lease premises only as a residence. Tenant agrees to obey all federal, state and local laws and regulations when using the leased premises. Tenant agrees not to store any flammable, ,hazardous, or toxic chemicals or substances in or around the leased premises. Tenant agrees not to do any activities in or around the leased premises which. could harm anyone or damage any property. Tenant agrees that Tenant will not allow more than 3?eople to occupy the leased premises without the written permission of Laundloxd. 12. RULES AND REGULATIONS (Pages A-I and A-2) Tenant agrees to obey all rules and regulations for the leased promises. If Tenant violates any rules or regulations for the leased premise, Tenant violates this lease. 13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES (SUBORDINATION) Subordinate and subordination are legal terms that memo that this lease does not have any effect upon the rights of the Landlord's mortgage company. In other words, Tenant's rights under this lease ate subordinate to Landlord's mortgage company may have the right to end the Landlord's ownership of the lease premises. If the mortgage company sells the lease premises at a mortgage foreclosure sale, the lease may end. Tenant agrees that Landlord has the right to mortgage the leased premises. If Landlord has a mortgage on the leased premises now, or if Landlord gets a mortgage in the future, Tenant agrees that this lease is subordinate to the Landlord's mortgage. 14. CARE OF LEASED PREMISES Tenant is responsible fbr, and will take good care of, the leased prernjm and all of the property in and around the leased premises. Tenant agrees to pay for any damage 4 11/19/2009 07:32 7175610795 FEDEXKINKOS1756 PAGE 05/09 caused by Tenant, Tenant's family, guests and pets. Tenant agrees to turn over possession of the leased premises to Landlord when the lease ends. 15. LANDLORD'S RIGHT TO ENTEERE LEASE PREMISES Tenant agrees that Landlord and Landlord's representatives have the right to enter premises at reasonable times. Landlord and Landlord's representatives have the right to inspect, to make repairs, to do maintenance, and to show the leased premises to others. 16. UTILITY SERVICES Landlord and Tenant agree to pay for the charges for utilities and services supplied to the leased promises as follows: Charge or Service: Television Cable Electric to Premises Water Service Natural Gas Refuse Collection Lawn Maintenance Snow and Leaf Removal Water Softener Charges Sewer Charges Pest Control Charges Other paid BV.- dlord Teraa?at o or 0 er NA 4 ? Er o d o n ? a ra' rtr o o ar 0 0 Landlord has the right to turn off tempomrily any utility or other service to the leased premises in order to make repairs or do maintenance. 17. GOVERNMENTAL POWER OF EMINENT DOMAIN Eminent domain is the legal name for the right of a govermwnt such as the state or county or city to take private property for public use. The government must pay fair compensation to anyone who has any right in the property that is taken by the government. if all or any part of the leased premises (or the building within which the leased premises is located) is taken by eminent domain, this lease will end automatically, Landlord and Tenant agree to release each other from any responsibility because leased premise is taken by eminent domain and the lease has ended. I.S. VIOLATIONS OF THIS LEASE 5 11/19/2009 07:32 7175610795 FEDEXKINKOS1756 PAGE 06/09 WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOMETHING THAT THEY HAVE AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF TENANT VIOLATES THIS LEASE, TENANT MAY LOSE TENAT'S SECURITY DEPOSIT. IF TENANT VIOLATES THIS LEASE, LANDLORD ALSO CAN.SUE TENANT FOR OTHER EXPENSES AND MAY SUE TO EVICT TENTANT. BACK TENANT SHOULD NOT SIGN THIS LEASE UNLESS EACH TENANT HAS READ AND CLEARLY UNDERSTANDS THE INFORMATION IN THIS SEC TION ABOUT LEASE VIOLATIONS _ THIS IS A JOINT AND SEVERAL LEASE THIS IS NOT A JOINT AND SEVERAL LEASE IF TLIIS IS NOT A JOINT AND SEVERAL LEASE, THEN THE LANDLORD CAN ONLY SUE ONE TENANT FOR THAT TENANT'S VIOLATION OF THE LEASE. IF THIS IS A JOINT AND SEVERAL LEASE IT MEANS THAT ALL THE TENANTS AS A GROUP AND EACH OF THE TENANTS AS AN LNDIVIDUAL ARE RESPONSIBLE TO LANDLORD FOR ALL OF THE AGREEMENTS OF THIS LEASE. FOR EXAMPLE, IF THE RENT IS NOT PAID, LANDLORD CAN SUE ALL OF THE TENANTS (JOMMY) FOR ANY UNPAID RENT. OR, LANDLORD CAN BRING SUIT AGAINST ANY ONE TENANT SEPARATELY (SEVERALLY) FOR ALL OR THE UNPAID RENT. TENANT VIOLATES THIS LEASE IF TENANT: 1. FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD ON TIME OR, 2. LEAVES (ABANDONS) THE LEASED PREMISES WITHOUT THE LANDLORD'S PERMISSION BEFORE THE END OF THE LEASE OR, 3. DOES NOT LEAVE THE LEASED PREMISES AT THE END OF THE LEASE OR, 4. DOES NOT DO ALL OF THE THINGS THAT TENANT AGREED TO DO IN THIS LEASE IF TENANT VIOLATES THE LEASE, EACH TENANT AGREES TO WAIVE NOTICE TO QUIT. THIS MEANS THAT THE LANDLORD MAX Fa E A COMPLAINT IN COURT OR CONFESS JUDGMENT AGAINST EACH TENANT 6 11/19/2009 07:32 7175610795 FEDEXKINKOS1756 PAGE 07/09 ASS340 FOR AN ORDER MCTING EACH TENANT FROM THE LEASED PREWISES WITHOUT GIVING EACH TENANT NOTICB TO QUIT FIRST. IF TENANT VIOLATES TM LEASE A , TM LANDLORD MAY SUE EACH TENANT IN COURT OR CONFESS JUECaMNT AGAINST BACK TENANT: 1. TO BND THIS LEASE WMOUT PRIOR NOTICE TO TENANT. 2. TO COLLECT OVERDUE RENT, LATE CHARGES AND MONEY DAMAGES CAUSED BY TENANT'S VIOLATION OF THE AGRI38MO TS IN THE LEASE. 3. TO RECOVER POSSESSION OF THE LEASED PREMISES (EVICTION). 4. TO COLIJ3M FOR UNPAID RENT UNTIL THE END OF THE LEASE OR UNTIL. ANOTEM PERSON TAKM POSSESSION OF THE LEASED PREMISES AS A NEW TENANT. 19. END OF LEASE OR RENEWAL Eimer party may and dib Leese on its ending dame by w*ten notice. Landlord or Tenant mast receive this notice at leant 60 days befi= the eudbg date of the I,esse. Tire L'am'"towa lly xcum for one year if r party ends the Lease by its andin chime. Automatic werwal will not cb r sa do tem of ffiis Lease except dwt the no for a on0-Yc r 2cnMd padod mill be S 30-c0 permoaath moms d ft aM0us of the pmvilous ow-ya rpe6W. If Tenant waaas to renew d= Lease on a mouth-to-month basis, written notwe must be pxuvidcd to landlord at bast Of days before the ending date of to Imm. The >eut for a month to-wonth matwal will be $ 6o • &22 Per mosih more than the amount of the previous one year natal period. Landlord may cbange the tens of the Lease by wading written notice to Tenant at least 6_0 days before the end of the Lease. Tenant may eject the Ghanpg combined w the Landkud's notice by sanding written notice to landlord w?uut? 1S days of the date of tha 1Av Amd's novice. Tenam most then vacate by the end of the wotal period. Mw Deane will. Zemw on the ums set forth im laodlotacl's notice if Tenant does not sod nuum c o ft the Lease. BY SIGNING THIS LEASE, EACH TENANT AGREES THAT THE TENANT HAS READ AND UNDERSTANDS ALL PROVISIONS OF THIS LEASE. DATE SIGNED BY LANDLORD: }, LANDLORD: DATE SIGNED BY TENANT(S): Q _ TEN _ /? Jr 8 Re: 88 schoolhouse lane, Lewisberry Page 1 of 1 From: charitylove79@aol.com To: tazprince200l@yahoo.com Subject: Re: 888 schoolhouse lane, Lewisberry Date: Mon, Oct 26, 2009 9:45 pm well i would like to wait a little bit at least because i would definetly like to have a good size down payment. thanks for the info it was very helpful, it helps me to get a better picture of what kind of down payment i will need to save up for. thank you so much. respectfully, charity -----Original Message----- From: Brian Spahr <tazprince2G01?7a?yhop.corr> To: charitylove79 cDaol.com Sent: Mon, Oct 26, 2009 9:37 pm Subject: Re: 888 schoolhouse lane, Lewisberry Hey Charity So glad you like it there. I am definately open to sell if you are interested and there is no need to wait a year if you are interested and qualify. Here are some numbers for you to look at. The other unit pays $1050.00 a month, which would cover almost all of the mortgage. Taxes are approx $2500.00 a year. Trash pick up is approx $400.00 a year. I did list the apartment for $210,000 and would like to get close to that. Let me know if you have any questions. Thanks --- On Mon, 10/26/09, charitviove79@ao1.com ao/.com> wrote: From: charitylove79 aol.com <charitylove79@aol..com> Subject: 888 schoolhouse lane, Lewisberry To: tazprince200l(@vahoo.com Date: Monday, October 26, 2009, 1:54 PM Dear Mr. Spahr, I was wondering if you remember I had mentioned that I was pre approved for a home loan when we first spoke and you had mentioned that a previous tenant of yours had bought one of your properties beside this one. I remember you saying that the property that I'm am currently in a 1 year lease with you that I could have the option to buy if I chose to, I was curious if I have to rent for a certain amount of time, and if you would still extend that offer to me after the year? I would like to fulfill my 1 year lease and begin saving for the down payment to purchase in the future. There is no hung, I just wanted to know what my options were because I really love the place, and my children love it too! Thank so much. Respectfully, Charity Howell http://webmail.aol.com/28878/aol-1/en-us/mail/PrintMessage.aspx 11/11/2009 Re: Robert From: charitylove79@aol.com To: abowersox@wssd.k12.pa.us Subject: Re: Robert Date: Tue, Oct 27, 2009 4:47 pm i will let his father know he is over there this week ----Original Message---- From: Bowersox, Anastasia <abowersoxwssd.k12.oa.us> To: Charitylgve79@aol.com <charitylove79 c-)aoI.corn__> Sent: Tue, Oct 27, 2009 2:57 pm Subject: Robert Robert didn't have his storyboard finished for today. Mrs. Bowersox Page 1 of 1 http://webmail.aol.com/28878/aol-1/en-us/mail/PrintMessage.aspx 11/11/2009 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION BRIAN KNEPPER,SR, Plaintiff NO. 084849 CIVIL CIVIL ACTION - LAW IN CUSTODY VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant CERTIFICATE OF SERVICE I, Jane M. Alexander, Esquire, hereby certify that on this date, I served a true and correct copy of Defendants answer to Emergency Petition for Custody Modification to Plaintiff by personal delivery to addressed as follows: Thomas M. Clark, Esquire ID# 85211 130 West Church Street Dillsburg, Pa 17019 Respectfully submitted, :f #e M. Alexander sq ttorney for Plain ff Aupreme ID #07355 148 S. Baltimore Street Dillsburg, PA 17019 (717) 432-4514 R.EO-"M OF THE MMKO MWOV 18 PM 3:33 6 14 Uwb . ; OUNTY PDWYLVANIA BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4849 CIVIL TERM CHARITY KNEPPER, n/k/a CHARITY HOWELL, Petitioner CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 20th day of November, 2009, it appearing to the Court that the issue of the address to be used by the children for school purposes is no longer an emergency, this matter is referred to conciliation to give the parties the opportunity to reach an agreement on their own. Pending conciliation and further Order of Court, we enter the following Temporary Order, which is in no way meant to prejudice the rights of either party after a full and fair hearing on the merits: 1. If Mother moves from 888 Schoolhouse Lane, Lewisberry, Pennsylvania, Father's address shall thereafter be used for purposes of the children's schooling. 2. We will conduct a full hearing on the merits, limited to the issue of the address to be used for the children's schooling, on June 7, 2010, commencing at 9:30 a.m. 3. Pending said hearing, the parties are directed to e-mail each other on a daily basis their children's daily lives. The the parent having physical custody responded to by the other parent. be preserved and presented as an e: hearing. to discuss some aspect of e-mail is to be initiated by of the children and to be Copies of all e-mails shall Khibit at the June 7, 2010, Pending said hearing, the Custody Order entered on July 24, 2009, except as modified herein, shall remain in full force and effect. -`-<homas M. Clark, Esquire Attorney for Respondent Jane Alexander, Esquire Attorney for Petitioner srs GOP L iLS rna t By the Court, 2009 NOV 20 PH 3: 5 9 PE,1,4,.mSYi..4PTi.A FUD-O FU OF THE P,ROTH!PNTTARY 2010 MAR - ! PM 2: 53 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant IN THE COURT OF C?'?; ?j : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4849 CIVIL CIVIL ACTION -LAW IN CUSTODY PETITION TO WITHDRAWAL PLAINTIFF'S EMERGENCY PETITION FOR CUSTODY MODIFICATION TO ADDRESS SCHOOLING ISSUES AND NOW COMES, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Petition to Withdrawal Plaintiff's Emergency Petition for Custody Modification To Address Schooling Issues, and in support thereof, avers as follows: 1. The Petitioner/Plaintiff is Brian Knepper, Sr. ("Father") who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent/Defendant is Charity Knepper, n/k/a Charity Howell ("Mother"), who currently resides at 888 Schoolhouse Lane, Lewisberry, Pennsylvania. 3. The minor children are Taylor Knepper, born 8/11/96; Robert Knepper, born 1/14/98; and Brian Knepper, Jr., born 4/13/99. 4. On October 28, 2009, Petitioner/Plaintiff filed an Emergency Petition for Custody Modification to Address Schooling Issues. A 5. On or about November 18, 2009, Respondent filed Defendant's Answer to Emergency Petition for Custody Modification to Address Schooling Issues. 6. On November 20, 2009, the parties appeared before the Honorable Edward E. Guido. On said date, his Honor stated that the parties should go back to a Conciliation Conference and then, this matter should be addressed in a hearing in the Spring of 2010. 7. At this time, the parties have resolved their issues and it is not necessary for the assistance of the Court. 8. Undersigned counsel spoke with Respondent's Counsel regarding this Petition. Respondent's Counsel concurs with the request to withdrawal the Emergency Petition for Custody Modification to Address Schooling Issues. 9. This matter has been previously heard by the Honorable Edward E. Guido. WHEREFORE, Petitioner respectfully requests this Honorable Court sign an Order granting the Withdrawal of Emergency Petition for Custody Modification to Address Schooling Issues. Date: I-CIS Respectfully submitted, COL M RZZACCO, LLC By: 4 Thomas M. Clark, Esquire ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4849 CIVIL : CIVIL ACTION -LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of Plaintiffs Emergency Petition for Custody Modification To Address Schooling Issues upon the following individual, via United States First Class mail, postage prepaid, addressed as follows: Jane Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 FAX - 502-1087 COLCI"4RZZA000, LLC By: Thomas M. Clark, Esquire ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 Dated: 2__5la MAR O 'b lu In 3 BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-4849 CIVIL CHARITY KNEPPER, n/k/a, CHARITY HOWELL CIVIL ACTION -LAW a Petitioner IN CUSTODY m 23 w .1 2s r ORDER N d AND NOW this day of , 2010, upon consideration of the foregoing Petition, it is hereby Ordered that Petitioner's request to withdrawal the Emergency Petition for Custody Modification to Address Schooling Issues is hereby GRANTED. Dom' tribution: ./Thomas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 ,,,46ne Alexander, Esquire, 148 South Baltimore Street, Dillsburg, PA 17019 .-rte b ,if c es 313/,0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COVER SHEET BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Defendant For Plaintiff: Thomas M. Clark, Esquire COLGAN MARZZACCO, LLC 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 502-5000 (717) 502-5050 For Defendant: Jane M. Alexander, Esquire 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019 (717) 432-4514 (717) 502-1087 Petition for Custody Modification June 15, 2010 70.66 F elk t Pfr c/3 (T CASE NO. 2008-4849 CIVIL ACTION - LAW IN CUSTODY BRIAN KNEPPER, SR., Petitioner/Plaintiff VS. CHARITY KNEPPER, n/k/a, CHARITY HOWELL, Respondent/Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4849 CIVIL : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CUSTODY MODIFICATION AND CONTEMPT AND NOW COMES, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire of Colgan Marzzacco, LLC, and files the instant Petition for Custody Modification and Contempt, and in support thereof, avers as follows: 1. The Petitioner/Plaintiff is Brian Knepper, Sr. ("Father"), who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent/Defendant is Charity Knepper, n/k/a Charity Howell ("Mother"), who currently resides at 888 Schoolhouse Lane, Lewisberry, York County, Pennsylvania. 3. The minor children are Taylor Knepper, born in 1996; Robert Knepper, born in 1998; and Brian Knepper, Jr., born in 1999. 4. On July 24, 2009, This Honorable Court issued an Order (Attached hereto as Exhibit M I providing that the parties have shared legal custody and shared physical custody of the minor children. 5. The relationship of Petitioner/Plaintiff to the children is that of Father. 6. The relationship of the Respondent/Defendant to the children is that of Mother. 7. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Father does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of Taylor Knepper will be served by signing an Order that states that Taylor Knepper shall attend the high school that coincides with Father's address for the following supporting reasons: a) Father has resided at the same residence for several years. b) Mother has relocated several times in the past three (3) years. C) Taylor Knepper has told both Mother and Father that he wants to attend the high school that coincides with Father's address. d) Not only does Taylor Knepper not wish to attend the high school that coincides with Mother's address, but Taylor Knepper wishes to live with Father primarily. e) Using Father's address for schooling purposes would not require a change in custody as the parties' share physical custody. 10. Additionally, the best interest and permanent welfare of all three (3) of the children will be served by granting Father primary physical custody of the children. 11. Father avers that Mother is in willful contempt of the Order enumerated above for the following reasons: a) The Order provides that each parent shall notify the other of any medical, dental, optical and other appointments of the children. b) Father avers that the children have had medical appointments while in Mother's custody. C) Mother did not provide Father notice of appointments on the folllowing dates: 02-03-09 at 5:15 PM 03-16-09 at 1:30 PM 04-24-09 at 11:00 AM 08-27-09 at 1:00 PM 08-27-09 at 1:15 PM 08-29-09 at 8:30 AM 11-30-09 at 11:15 AM 11-30-09 at 11:30 AM 02-08-10 at 2:00 PM 04-12-10 at 10:30 AM 04-21-10 at 3:30 PM 12. Father has incurred attorneys' fees for the within Petition for Modification and Contempt for which he deserves to be reimbursed. 13. Father avers that as a result of the above, it is in the child's best interest that a modification of the current Custody Order be effectuated granting him primary physical custody, providing Mother with rights of partial physical custody. 14. This custody matter was previously assigned to The Honorable Edward E. Guido who executed the Order dated July 24, 2009. 15. The undersigned has sought the concurrence of Jane Alexander, Esquire, counsel of record for Respondent/Defendant for the foregoing Petition, however, Undersigned Counsel was informed that Attorney Alexander is out of the office for approximately two (2) weeks due to a family emergency. WHEREFORE, Petitioner respectfully requests this Honorable Court to: a. Modify the existing Order of Court to provide him with primary physical custody, with rights of partial physical custody to Mother; b. To hold Mother in contempt of court for her failure to adhere to the custody provisions of the previously entered Order of Court; C. To award Father the attorney's fees and costs he has and will incur in the preparation, presentation and prosecution of the within Petition for Modification and Contempt; and d. Such other relief as this Court deems appropriate. Respectfully submitted, Date: G / 1a COL RZZACCO,LLC By:.-L . Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 EXHIBIT A BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. VS. : NO. 08-4849 CIVIL ACTION LAW CHARITY KNEPPER, N/K/A CHARITY HOWELL, IN Defendant :CUSTODY ORDER OF COURT AND NOW, this day of dam; 2009, Brian Knepper Sr of 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and Charity Knepper n/k/a Charity Howell of 403 Herman Ave, Cumberland County Pennsylvania 17043 (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper born 08/11/96 age 12, Robert Knepper born 01/14/98 age 11, and Brian Knepper Jr., born 04/13/99, age 10 as hereinafter set forth in this Agreement, desiring to legally obligate themselves to the terms of said Agreement and Requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, Judge W11to Set my WrK, RLEU-Or F1CE OF THE RMPRIO"knT'ARY 2004 JUL 24 PM 3: 17 PENrIS YLVANiA BRIAN KNEPPER, SR., VS. : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. CHARITY KNEPPER, N/K/A CHARITY HOWELL, Defendant : NO. 08-4849 CIVIL ACTION LAW : IN :CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this A T day of U, // 2009, Brian Knepper Sr of 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and Charity Knepper n/k/a Charity Howell of 403 Herman Ave, Cumberland County Pennsylvania 17043 (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper born 08/11/96 age 12, Robert Knepper born 01/14/98 age 11, and Brian Knepper Jr., born 04/13/99, age 10 as hereinafter set forth in this Agreement, desiring to legally obligate themselves to the terms of said Agreement and Requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, WHEREAS, Brian knepper Sr., is the natural Father of said minor children and WHEREAS, Charity Howell is the natural Mother of said minor children and WHEREAS, Father has filed a Petition to Amend the Custody Order of Judge Edward E. Guido dated September 25, 2006, and on November 4, 2008 Judge Guido scheduled a Custody hearing and issued a temporary Order of Custody and WHEREAS, the Custody evaluation by Debra Salem has been complete and based on her recommendations, the parties, desirous of avoiding further legal proceedings, have decided to enter into the following Agreement and Stipulation of Custody. NOW THEREFORE, it is hereby agreed and stipulated between Brian K. Knepper Sr., and Charity Howell as follows: LEGAL CUSTODY: The Father, Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Taylor Knepper, born 08/11/1996, Robert Knepper, born 01/14/1998 and Brian Kepper, Jr., born 04/13/1999. The parties shall have an equal right to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the children including but not limited to medical, dental, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. PRIMARY PHYSICAL CUSTODY: The parties agree that Father and Mother shall have joint physical custody of the children as follows: Parties shall alternate weeks, with Father having the week beginning August 2nd, 2009 at 4:30 pm to August 9th at 4:30 pm and Mother having the week of August 9th at 4:30 pm to August 16th, 2009 at 4:30 pm and continuing alternating weeks thereafter. PHONE CALLS: Both parties shall have the right to call the children and the children have the right to call the other parent as long as the phone calls are not excessively frequent or too long in duration that they disrupt the children's schedule. HOLIDAYS: a. Mother's Day and Father's Day Mother shall always be entitled to have physical custody of the children beginning at 8:00 pm the night before to 8:00 pm on Mother's Day. Father shall always be entitled to have physical custody of the children beginning 8:00 pm the night before to 8:00 pm on Father's Day. b. Easter: Easter shall be arranged in two segments, segment A and segment B. Segment A shall be from 9:00 am until 8:00 pm on Easter Sunday and segment B shall be from 9:00 am until 8:00 pm on the Saturday before Easter. In even numbered years, Father shall have segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have segment A and Father shall have segment B. c. Thanksgiving: Each year Mother shall have custody from 9:00 am until 8:00 pm. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving celebration from 9:00 am until 8:00 pm on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. d. Christmas: In even numbered years, Father shall have custody from 12/24 at 12:00 pm through 12/25 at 12:00 pm, with Mother having custody from 12/25 at 12:00 pm until 12/26 at 12:00 pm. In odd-numbered years, Mother shall have custody from 12/24 at 12:00 pm, until 12/25 at 12:00 pm, with Father having custody from 12/25 at 12:00 pm until 12/26 at 12:00 pm. e. Trick or treat night: Mother shall have custody of the children on this night in odd- numbered years and Father shall have this night in even-numbered years. The custodial time for this night shall be from 5:30 pm until 8:30 pm. f. The holiday schedule, unless otherwise set forth, shall be from 8:00 pm until 8:00 pm. g. The holiday schedule shall take precedence over the regular physical custody schedule. SUMMER VACATION: Each party shall arrange their week of summer vacation during one of their regularly scheduled weeks of custody. As soon as the week the children attend their camp is scheduled Mother shall immediatly notify Father. No matter whose week it is, the alternating weekly schedule shall simply resume after camp week with the parent whose week was taken by camp shall have visitation the next week. TRANSPORTATION: The transportation burden shall be shared by the parents, with the parent who is to obtain custody at the time of exchange to provide for transportation from the residence of the other parent. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. If the children are riding on a motorcycle, the children shall be in the proper gear at all times. At no time shall the children ride on a motorcycle without a proper helmet. Additionally, if a child does not wish to ride on a motorcycle and that child expresses their desire not to ride on a motorcycle, neither Father or Mother shall compel the child to ride on the motorcycle. Both parents shall make certain each child participates in the Mobile Therapy sessions. Each child is scheduled for two hours per week. If the mobile therapist is going to be working with one of the children in the home of one of the parents, the mobile therapist should work at the home of the parent who is scheduled to have custody of the child that week. EXTRACURRICULAR ACTIVITIES: Each party shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parents have custody of the children, they will make certain that the children attend the extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children may participate in those events. Neither parent, however, shall sign up the children for any activity unless the children definitely desire to attend that activity. Participation in activities which take place during school year is contingent upon the children maintaining passing grades in school. Neither parent shall sign up the children for activities that fall on the other parent's period of custody, without consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during both parent's periods of custody, both parents shall cooperate in providing transportation of the children to the activity. However, the custodial parent shall not be required to take the children to that activity if the custodial parent and children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the children to the particular activity, the parent who has custody of the children at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address, and phone numbers of any persons in whose care a child will be for a period in excess of seventy-two (72) hours. ILLNESS OF A CHILD: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of a child shall immediately communicate with the other parties by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. SMOKE/DRINK: Neither party shall smoke in a confined area when the children are present and neither party shall permit another person to smoke in a confined area when a child is present. Further, no party shall use non-prescribed controlled substances or excessively use alcohol while a child is in their custody and control. PLACE OF RESIDENCE: The address of 403 Herman Ave. Lemoyne, Cumberland County, Pennsylvania 17043 of the home of the Mother shall be the stated residence for purpose of school, health, church and similar records. However it is understood and agreed by both parties that the children shall, for the remainder of their school years, attend in the West Shore School District. If either party should move from the West Shore School District, the address of the parent remaining in the District shall be used as the children's principal residence for school purposes. If either party moves out of the District they shall be responsible to transport the children to and from the West Shore School District on school days. (Moreover, each parent shall be responsible for transportation of the children to and from school during their weekly period of custody.) REMOVAL FROM AREA: Neither party shall transport a child over the state line or remove to a point more than 100 miles from home of the party for any reason without notification to the other party. Party removing child shall provide to the other party an address and/or phone number where the child can be reached. MODIFICATION OF ORDER: The parties are free to modify the terms of this Agreement and Stipulation if both parties are in complete agreement to any new terms. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first a ove w ' en. Brian Knepper, Sr. "tiff Charity per nWa Charity well, Defendant Thomas M. Clark, Attorney for Plaintiff for D BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4849 CIVIL CHARITY KNEPPER, n/k/a, . CHARITY HOWELL, : CIVIL ACTION - LAW Respondent/Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of Plaintiff s Petition for Custody Modification and Contempt upon the following individual, via United States First Class mail, postage prepaid, addressed as follows: Jane Alexander, Esquire 148 South Baltimore Street Dillsburg, PA 17019 FAX - 502-1087 COLG MA ZACCO, LLC By: Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: G ?? ?" VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ^ O < -1 Brian Knep , Sr., Plaintiff BRIAN KNEPPER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI A. 2008-4849 CIVIL ACTION LAW Z CHARITY KNEPPER N/K/A CHARITY HOWELL IN CUSTODY DEFENDANT 3 1 ORDER OF COURT AND NOW, Monday, June 21, 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 Tuesday, July 27, 2010 at 10:00 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 IIAVI'; AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BE:L.OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 4/'Z 1 /10 Cumberland County Bar Association Al? J. ky P Y ?aPY ???.CF.dC,? >?? ?. S'? 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BRIAN KNEPPER, SR. vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4849 CIVIL ACTION LAW CHARITY KNEPPER n/k/a CHARITY HOWELL Defendant IN CUSTODY ORDER OF COURT nAir..~ 4_~ ___ Off) _ Q~~ f' (1^ _ 1 ~'': ~_~~. ~~ .3 ~Z -iE r; ~~ AND NOW, this day of 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, Taylor, and any other individuals deemed necessary to a supplemental custody evaluation to be performed by Deborah Salem LPC CAC. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custodial arrangements which will best meet Taylor's needs. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. 2. The parties shall initiate and complete the custody evaluation in a prompt and timely manner. 3. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 4. The parties agree that Taylor shall be enrolled in the ninth grade alternative program associated with Cedar Cliff High School. 5. In all other respects, the prior Order of this Court dated July 24, 2009 shall continue in effect pending completion of the custody evaluation and further Order of Court or agreement of the parties. 6. 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 T COU Edward E. Guido J. cc: " T~mas M. Clark, Esquire -Counsel for Father ~ Jane M. Alexander, Esquire -Counsel for Mother ~ E~ rr~c7.- 8 f s~w ~~ BRIAN KNEPPER, SR. vs. CHARITY KNEPPER n/k/a CHARITY HOWELL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2008-4849 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Knepper August 11, 1996 Mother/Father Robert Knepper January 14, 1998 Mother/Father Brian Knepper April 13, 1999 Mother/Father 2. A custody conciliation conference was held on July 23, 2010, with the following individuals in attendance: the Father, Brian Knepper, Sr., with his counsel, Thomas M. Clark, Esquire, and the Mother, Charity Howell, formerly Knepper, with her counsel, Jane M. Alexander, Esquire. 3. The Father filed this Petition for Modification and Contempt seeking primary physical custody of Taylor. The parties agree that they will continue to share having physical custody of Robert and Brian. 4. The parties agreed to entry of an Order in the form as attached. U/ ~~ Date Dawn S. Sunday, Esquire Custody Conciliator BRIAN KNEPPER, SR., Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CHARITY IMPPER, NIK/A : CIVIL ACTION - LAW c CHARITY HOWELL rM CD Defendant IN CUSTODY z MD ° M G - -4 -or- .?D O A REIEMM AN D STIPULATION OF CUSTODY ° 3 P-j AND NOW, this day of f?c7 0 Er{ 2010, Brian Kneppe ;? Sr-, of?40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Father") and Charity Knepper n/k/a Charity Howell, of 888 Schoolhouse Lane, Lewisberry, York County Pennsylvania (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper, born in 1996, age 14, Robert Knepper, born in 1998, age 12, and Brian Knepper Jr., born in 1999, age 11 as hereinafter set forth in this Agreement, desiring to legally obligate themselves to the terms of said Agreement and requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, WHEREAS, Brian Knepper, Sr., is the natural Father of said minor children; and WHEREAS, Charity Howell is the natural Mother of said minor children; and WHEREAS, the parties, desirous of avoiding further legal proceedings, have decided to enter into the following Agreement and Stipulation of Custody. NOW THEREFORE, it is hereby agreed and stipulated between Brian K. Knepper, Sr., and Charity Howell as follows: 1. LEGAL CUSTODY: The Father, Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Taylor Knepper, born in 1996, Robert Knepper, born in 1998 and Brian Knepper, Jr., born in 1999. The parties shall have an equal right to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terns of 23 Pa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. PROM" PHYSICAL CUSTODY: • Brian Kremer, A: The parties agree that Father and Mother shall have joint physical custody of Brian Knepper, Jr. and the parties shall alternate weeks as follows: a. Mother will have the week beginning October 1, 2010 at 4:30 p.m. to October 8, 2010 at 4:30 p.m. and continue alternating weeks thereafter. b. Father will have the week of October 8, 2010 at 4:30 p.m. to October 15, 2010 at 4:30 p.m. and continuing alternating weeks thereafter. • Tavl„= n,mr: Father shall have primary physical custody of Taylor Knepper. Mother shall have partial physical custody as follows: a. Beginning October 1, 2010, every other weekend from Friday at 4:30 p.m. to Sunday at 4:30 p.m. b. As the parties can mutually agree. • Robert Knemter: Mother shall have primary physical custody of Robert Knepper. Father shall have partial physical custody as follows: a. Beginning October 8, 2010, every other weekend from Friday at 4:30 p.m. to Sunday at 4:30 p.m. b. As the parties can mutually agree. 3. PHONE CALLS: Both parties shall have the right to call the children and the children shall have the right to call the other parent as long as the phone calls are not excessively frequent or too long in duration that they disrupt the children's schedule. 4. HOLIDAYS: a. Mother's RU and Father's Davc i. Mother shall always be entitled to have physical custody of the children beginning at 8:00 p.m. the night before to 8:00 p.m. on Mother's Day. ii. Father shall always be entitled to have physical custody of the children beginning 8:00 p.m. the night before to 8:00 p.m. on Father's Day. b. to : Easter shall be arranged in two segments, segment A and segment B. Segment A shall be from 9:00 a.m. until 8:00 p.m. on Easter Sunday and segment B shall be from 9:00 a.m. until 8:00 p.m. on the Saturday before Easter. In even numbered years, Father shall have segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have segment A and Father shall have segment B. C. Thaa eh in¢: Each year Mother shall have custody from 9:00 a.m. until 8:00 p.m. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving celebration from 9:00 a.m. until 8:00 p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. d. Cbiatmas_: In even numbered years, Father shall have custody from 12/24 at 12:00 p.m. through 12/25 at 12:00 p.m., with Mother having custody from 12/25 at 12:00 p.m. until 12/26 at 12:00 p.m. In odd-numbered years, Mother shall have custody from 12/24 at 12:00 p.m., until 12/25 at 12:00 p.m., with Father having custody from 12125 at 12:00 p.m. until 12/26 at 12:00 p.m. e. Tick or treat night: Mother shall have custody of the children on this night in odd numbered years and Father shall have this night in even-numbered years. The custodial time for this night shall be from 5:30 p.m. until 8:30 p.m. f. The holiday schedule, unless otherwise set forth, shall be from 8:00 p.m. until 8:00 P.M. g. The holiday schedule shall take precedence over the regular physical custody schedule. 5. SUMilV M VACATION: Each party shall arrange their week of summer vacation during one of their regularly scheduled weeks of custody. As soon as the week the children attend their camp is scheduled Mother shall immediately notify Father. No matter whose week it is, the alternating weekly schedule shall simply resume after camp week with the parent whose week was taken by camp shall have visitation the next week. 6. TRANSPORTATION: The transportation burden shall be shared by the parents, with the parent who is to obtain custody at the time of exchange to provide for transportation from the residence of the other parent. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. If the children are riding on a motorcycle, the children shall be in the proper gear at all times. At no time shall the children ride on a motorcycle without a proper helmet. Additionally, if a child does not wish to ride on a motorcycle and that child expresses their desire not to ride on a motorcycle, neither Father or Mother shall compel the child to ride on the motorcycle. 7. EXTRACURRICULAR ACTIVITIES: Each party shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parents have custody of the children, they will make certain that the children attend the extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children may participate in those events. Neither parent, however, shall sign the children up for any activity unless the children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon the children maintaining passing grades in school. Neither parent shall sign the children up for activities that fall on the other parent's period of custody, without consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during both parent's periods of custody, both parents shall cooperate in providing transportation of the children to the activity. However, the custodial parent shall not be required to take the children to that activity if the custodial parent and children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the children to the particular activity, the parent who has custody of the children at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 8. DIJEAH GING BXbJA SK : Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent .about the custody situation or changes in the custody schedule. 9. blUJIM CONSULTATION: Each party shall confer with the other on all matters of importance relating to the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address, and phone numbers of any persons in whose care the children will be for a period in excess of seventy-two (72) hours. 10. _ OFA CMR A: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of a child shall immediately communicate with the other parties by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child in bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 11. W&FAU OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 12. SM0jC&M &M: Neither party shall smoke in a confined area when the children are present and neither party shall permit another person to smoke in a confined area when a child is present. Further, no party shall use non-prescribed controlled substances or excessively use alcohol while the children are in their custody and control. 13. PLACE OF RE ENCE: It is understood and agreed by both parties that the children shall, for the remainder of their school years, attend in the West Shore School District. If either party should move from the West Shore School District, the address of the parent remaining in the District shall be used as the children's principle residence for school purposes. If either party moves out of the District they shall be responsible to transport the children to and from the West Shore School District on school days. Moreover, each parent shall be responsible for transportation of the children to and from school during their period of custody. Since the parties have shared physical custody of Brian Knepper, Jr., the parties have agreed that when Brian turns the age of thirteen (13), he shall be allowed to choose the high school that he will attend. 14. iOVAL FROM AREA: Neither party shall transport the children over the state line or remove to a point more than 100 miles from home of the party for any reason without notification to the other party. The party removing the children shall provide to the other party an address and/or phone number where the children can be reached. 15. MM' DIFICATION OF ORDER: The parties are free to modify the terms of this Agreement and Stipulation if both parties are in complete agreement to any new terms. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the Thomas M. Clark, Esquire Attorney for Plaintiff Charity Peer n/k/a Charity owell, Defendant day and year first above and written. COLGAN MAP,ZZA000 GAGE 02/02 12/07/2010 17:21 7175025050 DEC 0 P BRIAN KNEPPER; SR., Plaintiff VS. : IN TIRE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 084849 CIVIL CHARI'T'Y KNEPPER, n/k* CHARITY HOWELL, Defendant : CIVIL ACTION -LAW : IN CUSTODY ORDER ADO-''T'ING STIPULA ON OF PARTIES 2010, upon consideration of tp_?_' AND NOW, to wit, this 1 day of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated October 20, 2010, are adopted as an Order of Court as if set forth herein at length. B`,? COUIZ , J. C "3 N C"J W ? ve S /'Yl k . . 7744- C( ZC7AL - r n' r r ?. o o? D ` < 70 BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA- CI r > • vs. NO. 08-4849 rn • Ce ) rrn CHARITY KNEPPER, N/K/A, ;— ' CHARITY HOWELL, CIVIL ACTION - LAW r— --- Defendant IN CUSTODY "r � -17 - C) f".%) PETITION FOR SPECIAL RELIEF IN CUSTODY MATTER =; .<_.7 AND NOW COMES, Brian Knepper, Sr., by and through his attorney, Thomas M. Clark, Esquire, of Colgan & Associates, LLC, and files the instant Petition for Special Relief in Custody Matter, and in support thereof, avers as follows: 1. Plaintiff is Brian Knepper, Sr. (hereinafter referred to as "Father"), who currently resides at 40 Scarsdale Drive, Camp Hill, Pennsylvania 17011. 2. Defendant is Charity Howell (hereinafter referred to as "Mother"), who currently resides at 890 Schoolhouse Lane, Lewisberry, Pennsylvania 17339. 3. The parties have three (3) children together: Taylor Knepper, year of birth 1996 (age 17); Robert Knepper, year of birth 1998 (age 15); and Brian Knepper, Jr., year of birth 1999 (age 14). 4. The parties had a Stipulated Order for Custody dated October 20th, 2010 (filed December 10, 2010), which, in relevant part, awarded Mother and Father shared physical custody of Brian Knepper, Jr (hereinafter "Brian") on an alternating weekly schedule (a copy of the Stipulated Order for Custody is attached hereto as "Exhibit A"). 5. On October 15, 2012, the parties voluntarily entered into and signed an Agreement and Stipulation of Custody (a copy of which is attached hereto as "Exhibit B'). 6. In the October 15, 2012 Stipulation, the parties agreed, in relevant part, that Father would have primary custody of Brian. - pal 0.4 j '-1 6, 33-3 � 9c 79 7. The parties agreed that the October, 2012 Agreement and Stipulation of Custody would be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. However,this was never done. 8. From October, 2012 until the end of the 2012-2013 school year, Brian lived primarily with Father and visited Mother's home every other weekend from Friday after school until Sunday at 7:00 p.m. 9. Brian's academic performance at Allen Middle School vastly improved throughout the 2012-2013 academic year, beginning with the second quarter, when Brian began living primarily with Father, and culminating in Brian achieving the Distinguished Honor Roll in the fourth quarter (a copy of Brian's final report card from Allen Middle School is attached hereto as "Exhibit C"). 10. Father reports he witnessed Brian's overall attitude toward school improve during this time. 11. In addition to his academic achievements since October, 2012, Brian has demonstrated initiative and self-motivation by starting his own lawn maintenance business for neighbors in Father's community. 12. Brian has demonstrated his success in this venture by earning enough money to buy a better lawnmower and his own gas for the mower, as well as other practical items teenage boys typically desire, such as a new TV and a desktop computer. 13. During the summer of 2013, Mother and Father alternated physical custody of Brian on a weekly basis as per the October 2012 Agreement. 14. In August, 2013, Brian began attending Cedar Cliff High School, and has continued to show motivation and academic achievement, anticipating earning Distinguished Honor Roll in the first quarter. 15. On September 8, 2013, Mother notified Father that she no longer planned to abide by the October, 2012 Custody Stipulation, and that she planned to revert to the October, 2010 Custody Stipulation, which Mother deems controlling, because it was entered as an Order of the Court, while the 2012 Stipulation was signed and witnessed, but not entered as a Court Order. 16. Mother told Father she plans to return to shared physical custody of Brian, with the parties exercising alternating weeks. 17. Furthermore, Mother told Father she plans to remove Brian from Cedar Cliff High School and enroll Brian in Red Land High School,beginning Monday, September 16, 2013. 18. It is Father's desire for Brian to remain in Father's primary physical custody and to continue to attend Cedar Cliff High School, as he had a successful 2012-2013 school year and it is Brian's desire to remain in Cedar Cliff High School. 19. Father maintains that the October 15, 2012 Agreement and Stipulation of Custody is enforceable and binding as to the custody of the child, as the parties mutually agreed to the modified terms when the Agreement and Stipulation of Custody was signed by the parties in the presence of two witnesses on October 15,2012. 20. Based on Brian's past academic struggles, Father does not desire to return to a shared custody arrangement with Mother. 21. When Brian is in Mother's care, she consistently fails to give Brian the medication(Concerta)that he is prescribed for ADHD. 22. It is important for Brian to consistently take this medication, as it contributes to his focus and academic success. 23. Even if the parties were to revert to the October 20, 2010 Custody Stipulation, the 2010 Custody Stipulation contains a provision that when Brian reaches the age of thirteen (13), "he shall be allowed to choose the high school that he will attend." 24. Brian is currently fourteen (14) and would like to continue attending Cedar Cliff High School. 25. It is logical for Brian to live with his Father during the week, because father resides in the Cedar Cliff attendance area,while Mother resides in the Red Land attendance area. 26. The best interest and permanent welfare of Brian will be served by granting Father's requested relief that the parties shall continue to abide by the signed and witnessed October 20, 2013 Agreement and Stipulation of Custody. 27. The Court can properly award the relief herein requested pursuant to its powers conferred upon it pursuant Pennsylvania Rule of Civil Procedure 1915.13, which provides: 1915.13. Special Relief. "At any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; the issuance of appropriate process directing that a child or a party or person having physical custody of a child be brought before the court; and a direction that a person post security to appear with the child when directed by the court or to comply with any order of the court." WHEREFORE,Father respectfully requests This Honorable Court to Order: a. The parties to maintain the Child's present education at Cedar Cliff High School; b. The Agreement and Stipulation of Custody dated October 15, 2012 to be adopted as an Order of the Court; c. Defendant to comply with the October 15, 2012 Agreement and Stipulation of Custody; and, d. Defendant to provide Child with his medication while Child is in Mother's care. Respectful Submitt d COLG N & S IATES, LLC By Thomas M. Clark, Esquire Attorney ID #85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Dated: I2 / Exhibit A IL/C11/ 4t.J.LCJ .Z-J. J. :J J C./-J CJ I r1,1- DEC 6Z01 DEC ri BRIAN1KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-4849 CIVIL CHARITY KNEPPER, a/k/a, : CIVIL ACTION-LAW CHARITY HOWELL, : IN CUSTODY Defendant ORDER ADOPTING STIPULATION OF PARTIES t% AND NOW, to wit, this day of L, , 2010, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated October 20, 2010, are adopted as an Order of Court as if set forth herein at length. BY THE COURT: TJE COPY In Testimony whereof, t here unto set my hand and the sea of said'eskkirt at Carlisle, Pa This Jo 20 / Proth otary • zky rcc-- BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA vs. : NO. 2008- y CHARITY KNEPPER, N/K/A : CIVIL ACTION - LAW CHARITY HOWELL Defendant : IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NON; this 2n'-'' day of �)� c , 2010, Brian Knepper, Sr., of 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Father") and Charity Knepper n/k/a Charity Howell, of 888 Schoolhouse Lane, Lewisberry, York County Pennsylvania (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper, born in 1996, age 14, Robert Knepper, born in 1998, age 12, and Brian Knepper Jr., born in 1999, age 11 as hereinafter set forth in this Agreement, desiring to legally obligate themselves to the terms of said Agreement and requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, WHEREAS, Brian Knepper, Sr., is the natural Father of said minor children; and WHEREAS, Charity Howell is the natural Mother of said minor children; and WHEREAS, the parties, desirous of avoiding further legal proceedings, have decided to enter into the following Agreement and Stipulation of Custody. NOW THEREFORE, it is hereby agreed and stipulated between Brian K. Knepper, Sr., and Charity Howell as follows: 1. LEGAL CUSTODY: The Father, Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Taylor Knepper, born in 1996, Robert Knepper, born in 1998 and Brian Knepper, Jr., born in 1999. The parties shall have an equal right to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. PRIMARY PHYSICAL CUSTODY: • Brian Knepper, Jr.: The parties agree that Father and Mother shall have joint physical custody of Brian Knepper, Jr. and the parties shall alternate weeks as follows: a. Mother will have the week beginning October 1, 2010 at 4:30 p.m. to October 8, 2010 at 4:30 p.m. and continue alternating weeks thereafter. b. Father will have the week of October 8, 2010 at 4:30 p.m. to October 15, 2010 at 4:30 p.m. and continuing alternating weeks thereafter. • Taylor Knepper: Father shall have primary physical custody of Taylor Knepper. Mother shall have partial physical custody as follows: a. Beginning October 1, 2010, every other weekend from Friday at 4:30 p.m. to Sunday at 4:30 p.m. b. As the parties can mutually agree. i Robert Knepper: Mother shall have primary physical custody of Robert Knepper. Father shall have partial physical custody as follows: a. Beginning October 8, 2010, every other weekend from Friday at 4:30 p.m. to Sunday at 4:30 p.m. b. As the parties can mutually agree. 3. PHONE CALLS: Both parties shall have the right to call the children and the children shall have the right to call the other parent as long as the phone calls are not excessively frequent or too long in duration that they disrupt the children's schedule. 4. HOLIDAYS: a. Mother's Day and Father's Day: i. Mother shall always be entitled to have physical custody of the children beginning at 8:00 p.m. the night before to 8:00 p.m. on Mother's Day. ii. Father shall always be entitled to have physical custody of the children beginning 8:00 p.m. the night before to 8:00 p.m. on Father's Day. b. Easter: Easter shall be arranged in two segments, segment A and segment B. Segment A shall be from 9:00 a.m. until 8:00 p.m. on Easter Sunday and segment B shall be from 9:00 a.m. until 8:00 p.m. on the Saturday before Easter. In even numbered years, Father shall have segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have segment A and Father shall have segment B. c. Thanksgiving: Each year Mother shall have custody from 9:00 a.m. until 8:00 p.m. However, without regard to the regular weekend schedule, Father shall have the children for his family's Thanksgiving celebration from 9:00 a.m. until 8:00 p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. d. Christmas: In even numbered years. Father shall have custody from 12/24 at 12:00 p.m. through 12/25 at 12:00 p.m., with Mother having custody from 12/25 at 12:00 p.m. until 12/26 at 12:00 p.m. In odd-numbered years, Mother shall have custody from 12/24 at 12:00 p.m., until 12/25 at 12:00 p.m., with Father having custody from 12125 at l 2:00 p.m. until 12/26 at 12:00 p.m. e. Trick or treat night: Mother shall have custody of the children on this night in odd numbered years and Father shall have this night in even-numbered years. The custodial time for this night shall be from 5:30 p.m. until 8:30 p.m. f. The holiday schedule, unless otherwise set forth, shall be from 8:00 p.m. until 8:00 p.m. g. The holiday schedule shall take precedence over the regular physical custody schedule. 5. SUMMER VACATION: Each party shall arrange their week of summer vacation during one of their regularly scheduled weeks of custody. As soon as the week the children attend their camp is scheduled Mother shall immediately notify Father. No matter whose week it is, the alternating weekly schedule shall simply resume after camp week with the parent whose week was taken by camp shall have visitation the next week. 6. TRANSPORTATION: The transportation burden shall be shared by the parents, with the parent who is to obtain custody at the time of exchange to provide for transportation from the residence of the other parent. At all times. the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. If the children are riding on a motorcycle, the children shall be in the proper gear at all times. At no time shall the children ride on a motorcycle without a proper helmet. Additionally, if a child does not wish to ride on a motorcycle and that child expresses their desire not to ride on a motorcycle, neither Father or Mother shall compel the child to ride on the motorcycle. '7. EXTRACURRICULAR ACTIVITIES: Each party shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parents have custody of the children, they will make certain that the children attend the extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children may participate in those events. Neither parent, however, shall sign the children up for any activity unless the children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon the children maintaining passing grades in school. Neither parent shall sign the children up for activities that fall on the other parent's period of custody, without consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during both parent's periods of custody, both parents shall cooperate in providing transportation of the children to the activity. However. the custodial parent shall not be required to take the children to that activity if the custodial parent and children are out of town during that activity. for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the children to the particular activity, the parent who has custody of the children at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 8. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 9. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address, and phone numbers of any persons in whose care the children will be for a period in excess of seventy-two (72) hours. 10. ILLNESS OF A CHILD: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of a child shall immediately communicate with the other parties by telephone or any other means practical, informing the other party of the nature of the illness or emergency. so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child in bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 11. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 12. SMOKE/DRINK: Neither party shall smoke in a confined area when the children are present and neither party shall permit another person to smoke in a confined area when a child is present. Further, no party shall use non-prescribed controlled substances or excessively use alcohol while the children are in their custody and control. 13. PLACE OF RESIDENCE: It is understood and agreed by both parties that the children shall, for the remainder of their school years, attend in the West Shore School District. If either party should move from the West Shore School District, the address of the parent remaining in the District shall be used as the children's principle residence for school purposes. If either party moves out of the District they shall be responsible to transport the children to and from the West Shore School District on school days. Moreover, each parent shall be responsible for transportation of the children to and from school during their period of custody. Since the parties have shared physical custody of Brian Knepper, Jr., the parties have agreed that when Brian turns the age of thirteen 03), he shall be allowed to choose the high school that he will attend. 14. REMOVAL FROM AREA: Neither party shall transport the children over the state line or remove to a point more than 100 miles from home of the party for any reason without notification to the other party. The party removing the children shall provide to the other party an address and/or phone number where the children can be reached. 15. MODIFICATION OF ORDER: The parties are free to modify the terms of this Agreement and Stipulation if both parties are in complete agreement to any new terms. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above and written. .11(1.7 . '11/ , fly/ /Brian Kneppe , Sr./Plaintiff Charity pper n/k/a Charity Howell, Defendant Thomas M. Clark, Esquire j Jane M. Alexander, Attorney for Plaintiff f' /Attorney for Defendant i Exhibit B AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this 1.5f1-lay of C'tf; t'O f?'ER.,2012, Brian Knepper, Sr., of 40 Scarsdale Drive, Camp Hill, Cumberland County,Pennsylvania(hereinafter referred to as "Father")and Charity Knepper n/k/a Charity Howell, of 890 Schoolhouse Lane,Lewisberry,York County Pennsylvania (hereinafter referred to as "Mother") having reached an Agreement to mutually settle and resolves the issue of Custody of their minor children Taylor Knepper,born in 1996, age 16,Robert Knepper,born in 1998, age 14, and Brian Knepper Jr.,born in 1999, age 13 as hereinafter set forth in this Agreement, desiring to legally obligate themselves to the terms of said Agreement and requesting that this Agreement and Stipulation of Custody be confirmed as an Order in the Court of Common Pleas of Cumberland County Pennsylvania, and, WHEREAS, Brian Knepper, Sr.,is the natural Father of said minor children; and WHEREAS, Charity Howell is the natural Mother of said minor children; and WHEREAS, the parties, desirous of avoiding further legal proceedings,have decided to enter into the following Agreement and Stipulation of Custody. NOW THEREFORE, it is hereby agreed and stipulated between Brian Knepper, Sr., and Charity Howell as follows: 1. LEGAL CUSTODY: The Father,Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Taylor Knepper,born in 1996,Robert Knepper,born in 1998 and Brian Knepper,Jr.,born in 1999. The parties shall have an equal right to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the children including,but not limited to medical, dental,the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and informarion of reasonable use to the other parent. 2.PRIMARY PHYSICAL CUSTODY: •Brian Knepper,Jr.:Father shall have primary physical custody of Brian Knepper Jr. Mother shall have partial physical custody as follows: a Beginning October 19, 2012, every other weekend from Friday after school to Sunday at 7:00p.m. b. As the parties can mutually agree. • Taylor Knepper:Mother shall have primary physical custody of Taylor Knepper. Father shall have partial physical custody as follows: a. Beginning October 26, 2012, every other weekend from Friday after school to Sunday at 7:00p.m. b. As the parties can mutually agree. •Robert Knepper:Mother shall have primary physical custody of Robert Knepper. Father shall have partial physical custody as follows: a Beginning October 26,2012, every other weekend from Friday after school to Sunday at 7:00p.m. b.As the parties can mutually agree. 3.PHONE CALLS:Both parties shall have the right to call the children and the children shall have the right to call the other parent as long as the phone calls are not excessively frequent or too long in duration that they disrupt the children's schedule. 4.HOLIDAYS: a. Mother's Day and Father's Day: i. Mother shall always be entitled to have physical custody of the children beginning at 8:00 p.m. the night before to 8:00 p.m. on Mother's Day. ii. Father shall always be entitled to have physical custody of the children beginning 8:00 p.m. the night before to 8:00 p.m. on Father's Day. b. Thanksgiving:Each year Mother shall have custody from 8:00 p.m. the day before Thanksgiving. Until 8:00p.m. However,without regard to the regular weekend schedule,Father shall have the children for his family's Thanksgiving celebration from 8:00 p.m. The Friday before until 8:00p.m. on one Saturday in the month of November. Father shall notify Mother of the day of the family's intended Thanksgiving celebration as soon as the plans have been made. c. Christmas: In even numbered years, Father shall have custody from 12/23 at 8:00 p.m.through 12/24 at 8:00 p.m.,with Mother having custody from 12/24 at 8:00 p.m. until 12/25 at 8:00 p.m. In odd-numbered years, Mother shall have custody from 12/23 at 8:00 p.m., until 12/24 at 8:00 p.m., with Father having custody from 12/24 at 8:00 p.m. until 12/25 at 8:00 p.m. 5.SUMMER VACATION: Each party shall arrange their week of summer vacation during one of their regularly scheduled weeks of custody.As soon as the week the children attend their camp is scheduled Mother shall immediately notify Father. No matter whose week it is,the alternating weekly schedule shall simply resume after camp week with the parent whose week was taken by camp shall have visitation the next week. As the parties mutually agree. 6.TRANSPORTATION:The transportation burden shall be shared by the parents,with the parent who is to obtain custody at the time of exchange to provide for transportation from the residence of the other parent or as the parents mutually agree. 7.PLACE OF RESIDENCE: It is understood and agreed by both parties that the children shall, for the remainder of their school years, attend in the West Shore School District. 8. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 4 ' 9.REMOVAL FROM AREA: Neither party shall transport the children over the state line or remove to a point more than 100 miles from home of the party for any reason without notification to the other party. The party removing the children shall provide to the other party an address and/or phone number where the children can be reached. 10.MODIFICATION OF ORDER:The parties are free to modify the terms of this Agreement and Stipulation if both parties are in complete agreement to any new terms. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. 11. FINANCIAL RESPONSIBILTY:The burden of financial responsibility for medical bills shall be the responsibility of the parent with primary physical custody. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above and written. 1 Brian Knepper Sr. Charity Howell 0-1i x'11 - Witness Witness /�' Exhibit C 8 West Shore School District Allen Middle School Knepper,Brian Nelson Grade:8 4225 Gettysburg Road Camp Hill. PA 17011-6630 2012-2013 Phone: 717-901-9552 REPORT CARD Course Teacher Q1 Q2 Q3 Q4 EX YR CIT Comments Academic Boreman,Jill P P P P P S Good Class Participation. Workshop 8 Algebra I Fodness,Jeannette 82 83 96 99 90 0 Displays Positive Attitude.Highly Motivated. Art Grandi,Michael 98 99 99 0 Highly Motivated.Good Class Participation. Health/PE 8 Campbell,Nathan 92 98 96 98 96 S Accepts Responsibility/Displays Consistent Effort. Lang Arts Scheer,Karen 67 88 82 97 84 S Shows Improvement. Music Boyer,Suzanne 90 81 86 Science 8 Boreman,Jill 73 84 87 87 83 0 Good Class Participation. Social Studies 8 Lackey,Patricia 77 86 87 88 85 S Shows Improvement. Tech Ed Griffith,Matthew 96 74 91 , Honor Roll Information Attendance Information Congratulations!You made the Distinguished Honor Roll. Attendance Type Current YTD Marking Period Average: 94.6667 Excused Absences: 0 1 Unexcused Absences: 0 0 Excused Tardy: 0 0 Unexcused Tardy: 0 0 When students present an absence note to the school office.they may request a receipt. Did you know that you can access Brian's current assignments,grades,and attendance online?To receive your account information. please visit Brian's school and present a government issued photo ID.Then log on to West Shore's PowerSchool site at: https://psweb.wssd.kl 2.pa.us/public BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. NO. 08-4849 CHARITY KNEPPER,N/K/A, . CHARITY HOWELL, CIVIL ACTION- LAW Defendant IN CUSTODY VERIFICATION I, Brian Knepper, Sr., verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. Date: ( � ! l ' Brian Knepper, Sr.,Plaintiff • ir BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. NO. 08-4849 CHARITY KNEPPER,N/K/A, . CHARITY HOWELL, CIVIL ACTION-LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same as follows: Via Reizular Mail: Jane M. Alexander,Esquire 148 South Baltimore Street P.O. Box 421 Dillsburg,PA 17019 (----xy Date: q 1 113 By: Thomas M. Clark, Esquire BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. NO. 08-4849 CHARITY KNEPPER,N/K/A, CHARITY HOWELL, CIVIL ACTION-LAW Defendant IN CUSTODY RULE TO SHOW W CAUSE . l� AND NOW, this / day of r2,,►-/ e-),1 j U�. , 2013, eby . Q,� .. Sl,•� het d, c. � _ oil �,5 e6l J.Ly o s ow ULI Utied TIMM is ted C" DAYS FROM SERVICE. BY E CO T: J. Distribution: L.�fiomas M. Clark,Esquire, 130 W. Church Street,Dillsburg, PA 17019 _,,-J'a&e M. Alexander,Esquire, 148 South Baltimore Street,P.O. Box 421,Dillsburg, PA 17019 LL -: Vii �' -,',ter? -t o = rye , c--,.,C�, BRIAN KNEPPER, SR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4849 CIVIL ACTION LAW r CHARITY KNEPPER N/K/A CHARITY N pry; HOWELL IN CUSTODY DEFENDANT C- -::zl_ ' N — - { en a> ORDER OF COURT -� AND NOW, Monday,September 23,2013 , 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,October 09,2013 10:00 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. Sunday, 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 Y9( 32 South Bedford Street Carlisle, Pennsylvania 17013 N67 l c�5 �l c X41 C/cr I-f Telephone (717) 249-3166 k � d 3 BRIAN KNEPPER, SR. • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2008-4849 CIVIL ACTION LAW ., � e • • CHARITY KNEPPER n/k/a • -0 cr -` ' z CHARITY HOWELL • ,-, ,� r n Defendant • IN CUSTODY r-= ° ORDER OF COURT r (. AND NOW, this / 1-116 day of A/0 lest/-4,11 S6 G , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 20, 2010 is vacated and replaced with this Order. 2. The Father, Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Taylor Knepper, born 1996, Robert Knepper, born 1998, and Brian Knepper, Jr., born 1999. Major decisions concerning the Children including, but not necessarily limited to, their 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 each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made,the parent having physical custody of the 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. §5336, 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. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have periods of partial custody with the Children as arranged by agreement between the parties. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. , 6. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 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 E COU T, Edward E. Guido J. cc: mas M. Clark Esquire—Counsel for Father Jane M. Alexander Esquire—Counsel for Mother • eop!ES Pal ISCL 0S0/3 ./Yi • BRIAN KNEPPER, SR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2008-4849 CIVIL ACTION LAW • CHARITY KNEPPER n/k/a • CHARITY HOWELL Defendant : IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Taylor Knepper 1996 Father Robert Knepper 1998 Mother Brian Knepper, Jr. 1999 Father 2. A custody conciliation conference was held on October 29, 2013, with the following individuals in attendance: the Father, Brian Knepper, Sr., with his counsel, Thomas M. Clark Esquire, and the Mother, Charity Howell, with her counsel, Jane M. Alexander Esquire. 3. The parties agreed to entry of an Order in the form as attached. �416r,/ ,�0 C(3 C Y f Dawn S. Sunda Es Date Sunday, Custody Conciliator BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CHARITY KNEPPER, N/K/A CHARITY HOWELL Defendant • • • : NO. 2008-4849 : CIVIL ACTION - LAW : IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY cr, AND NOW, this /7 i ay of , 2014, BRIAN KNEPPER, SR.,, (hereinafter "Father") and CHARITY KNEPPER, N/K/A CHARITY HOWELL (hereinafter "Mother"), having reached an agreement to mutually settle and resolve the issues of custody of the minor children, ROBERT KNEPPER, born in 1998, age 12, and BRIAN KNEPPER, born in 1999, age 11, desire to legally obligate themselves to adhere to the terms of this Agreement and Stipulation of Custody (hereinafter "Agreement"). WHEREAS, Plaintiff is the Father of said minor children; WHEREAS, Defendant is the Mother of said minor children; WHEREAS, the parties acknowledge that they are satisfied with any legal advice received and they understand the full importance of the Agreement they are entering into; and WHEREAS, the parties are desirous of avoiding legal proceedings and are desirous of entering into a Custody Stipulation for entry as a Court Order. NOW, THEREFORE, it is hereby agreed and stipulated as follows: 1. LEGAL CUSTODY: The Father, Brian Knepper, Sr., and the Mother, Charity Howell, shall have shared legal custody of Robert Knepper, born in 1998 and Brian Knepper, Jr., born in 1999. The parties shall have an equal right to make all major non -emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. PRIMARY PHYSICAL CUSTODY: • Brian Knepper, Jr.: The parties agree that Father shall have primary physical custody of Brian Knepper, Jr. and Mother shall have partial physical custody as agreed upon by the parties. • Robert Knepper: The parties agree that Mother shall have primary physical custody of Robert Knepper and Father shall have partial physical custody as agreed upon by the parties. 3. PHONE CALLS: Both parties shall have the right to call the children and the children shall have the right to call the other parent as long as the phone calls are not excessively frequent or too long in duration that they disrupt the children's schedule. 4. HOLIDAYS: a. Mother's Day and Father's Day: i. Mother shall always be entitled to have physical custody of the children beginning at 8:00 p.m. the night before to 8:00 p.m. on Mother's Day. ii. Father shall always be entitled to have physical custody of the children beginning 8.00 p.m. the night before to 8:00 p.m. on Father's Day. b. Custody on all other Holidays shall be done by mutual agreement of the parties. 5. TRANSPORTATION: The transportation will be done by mutual agreement of the parties. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. 6. EXTRACURRICULAR ACTIVITIES: Each party shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parents have custody of the children, they will make certain that the children attend the extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children may participate in those events. Neither parent, however, shall sign the children up for any activity unless the children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon the children maintaining passing grades in school. Neither parent shall sign the children up for activities that fall on the other parent's period of custody, without consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during both parent's periods of custody, both parents shall cooperate in providing transportation of the children to the activity. However, the custodial parent shall not be required to take the children to that activity if the custodial parent and children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver the children to the particular activity, the parent who has custody of the children at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 7. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's love and respect for the other parent. The parties shall not use a child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 8. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address, and phone numbers of any persons in whose care the children will be for a period in excess of seventy-two (72) hours. 9. ILLNESS OF A CHILD: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of a child shall immediately communicate with the other parties by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child in bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 10. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 11. RELOCATION: A party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. That is to say that, no party shall relocate the child if such relocation will significantly impair the ability of a non -relocating party to exercise his/her custodial rights unless (a) every person who has custody rights to the child consents to the proposed relocation or (b) the court approves the proposed relocation. Again, the party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in ExhibitA attached to this Order. address and/or phone number where the children can be reached. 12. 23 Pa.C.S. 45329: The parties have filed Certifications with the Court. 13. MODIFICATION OF ORDER: The parties are free to modify the terms of this Agreement and Stipulation if both parties are in complete agreement to any new terms. The parties agree that this Agreement and Stipulation of Custody shall be submitted to the Cumberland County Court of Common Pleas for entry as a Custody Order. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above and written. Brian Knepper, r, 'lainti Witness Charity .per a Charity • well, Defendant BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -0 G% ; -~ CEJ rte! t'r4 �.'.. - v ' (for - ....< N c ra : IN CUSTODY'" vs. : NO. 2008-4849 CHARITY KNEPPER, N/K/A CHARITY HOWELL Defendant : CIVIL ACTION - LAW CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, BRIAN KNEPPER, SR., hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any member of my household has been convicted or has pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) Sentence Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges 0 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 0 18 Pa.C.S. §3126 (relating to indecent assault) a a 0 18 Pa.C.S. §3127 LJ Li (relating to indecent exposure) 18 Pa.C.S. §3129 0 0 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 0 Sentence Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges 0 a 0 0 01BPaI�y�¢ (reIatng to concealing death of child) 18 Pa.C.S§4304 (relating to endangering welfare of children) 0 0 01QPaI�.�3� (relating to dealing in infant children) 0 lOPa.C.S.yS902b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §630 (relating to corruption of minors) 18Pa.C.S.y6312 (relating to sexual abuse of children) 18Pa��§6318 (relating to unlawful contact with minor) 18Pa��5.§632O (relating to sexua 1 exploitation of children) 23 Pa.C.S§ 6114 (relating to contempt for violation of protection order or agreement) Driving under influence of drugs or alcohol 0 0 [] Eil [] Sentence Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges Sentence Manufacture, sale or delivery, d ❑ 2^3-i0r? 6 -cL KOPT11i5 holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all That apply Self A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction. Other household member Date Abusive conduct as defined under the Protection from ❑ LAri i 9'99 Abuse Act in Pennsylvania or similar statute in another jurisdiction. Involvement with a Children & Youth Agency or similar ❑ ❑ agency in Pennsylvania or another jurisdiction. Where?: Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: ?FA . 1) 010 Tie ti.F fl -r up©z.b. 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or member of the other party's household has or have a criminal/abuse history, please explain: 6. State whether you or any member of your household was provided services by a child welfare agency (eg. County Children, Youth and Families agency). If yes, please indicate: a. The individuals that received services: b. The type of services provided: c. The circumstances surrounding the provision of services: d. The time frame during which the services were or are being provided: e. The jurisdiction or location where services are being or were provided: I verify that the information above is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: J ` 1 _ ` C lids%3.,;476 Signature Fk1-iu 1<204— a •rZ, Printed Name BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, • c T a. vs. : NO. 2008-4849• ' ` n �v CHARITY KNEPPER, N/K/A : CIVIL ACTION - LAW CHARITY HOWELL 2 `� Defendant : IN CUSTODY G CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, CHARITY HOWELL, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any member of my household has been convicted or has pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) Sentence Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges 0 18 Pa.C.S. §2903 0 0 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 0 0 18 Pa.C.S. §3127 0 0 (relating to indecent exposure) 18 Pa.C.S. §3129 0 El (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) Sentence Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges 0 0 18 Pa.C.S. §4303 (relating to cancealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 0 E Li 0 0 18 Pa.C.S. §5903(c) or (d) 0 0 (relating to obscene and other sexual materials and performances) §6301 (relating to corruption of minors) [] 0 018PaI�§�12 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contac with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23PaI�.y6114 (relating to contempt for violation of protecion order or agreement) Driving under influence of drugs or alcohol 0 0 Ei o Sentence Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges Manufacture, sale or delivery, holding, offering for sale or possession of any controlled substance or other drug or device Sentence 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all That apply Self A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction. Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction. Involvement with a Children & Youth Agency or similar ❑ agency in Pennsylvania or another jurisdiction. Where?: Other: ❑ Other household member Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or member of the other party's household has or have a criminal/abuse history, please explain: 6. State whether you or any member of your household was provided services by a child welfare agency (eg. County Children, Youth and Families agency). If yes, please indicate: a. The individuals that received services: b. The type of services provided: c. The circumstances surrounding the provision of services: d. The time frame during which the services were or are being provided: e. The jurisdiction or location where services are being or were provided: I verify that the information above is true and correct to the best of my knowledge, information and belief. | understand that faise statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities, Date: Signature /1.1, BRIAN KNEPPER, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-4849 CHARITY KNEPPER, N/K/A CHARITY HOWELL Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this I 'day of 1J14, upon consideration of the foregoing Agreement and Stipulation of Custody, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation, dated Septemb 7,7014;-' are adopted as an Order of Court as if set forth herein at length. Distribution: 1771 C..rt 3 J. Thomas M. Clark, Esquire, 130 W. Church Street, Dillsburg, PA 17019 /Jane M. Alexander, Esquire, 148 South Baltimore Street, P.O. Box 421, Dillsburg, PA 17019