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HomeMy WebLinkAbout04-2766BRENDA E. HANNER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO O y- 027 6 STEVEN CUPP, Defendant IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, BRENDA E HANNER, by her attorney, Samuel L Andes, and makes the following Complaint for Custody. I . The Plaintiff is BRENDA E. HANNER, an adult individual who resides at 70 Ashford Court in Enola, Cumberland County, Pennsylvania. 2. The Defendant is STEVEN CUPP, whose address, to the best of Plaintiffs knowledge is 28 Falcon Court in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were never married. 4. The Plaintiff and Defendant are the parents of one minor child, Caden Maxwell Cupp, age who was born on 13 January 2002, the child was born out of wedlock, 5 Plaintiff seeks an award of primary legal and physical custody of the child. 6. Since the child's birth, the child has resided with the following persons at the following addresses: January 2002 - Summer of 2002 Summer of 2002 - May 2003 May 2003 to present Geneva Drive Mechanicsburg, PA 325 Sheepbridge Road York, PA 17370 70 Ashford Court Enola, Pa 17025 Plaintiff & Defendant Plaintiff & Defendant Plaintiff only 8. The mother of the child is the Plaintiff who resides at the address set out above. 9. The father of the children is the Defendant who resides at the address set out above. 10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the cP the address listed above. No one else resides at that address. { 1 I. The Defendant is the natural father of the children. His living arrangements are not known to Plaintiff 12 The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. Plaintiff has always been the child's primary care provider, and B The child does not have a close relationship with the Defendant and has not, in fact, spent the night with the Defendant except on rare occasions for the past year, and C. The Plaintiff, with the assistance of her mother and father, and extended family, can much better provide for the emotional and other needs of the child, and D. Because of Defendant's conduct and record, he is not able to provide the proper home environment and stability for the child. 14 Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff prays this court to award her primary legal and physical custody of the minor child, Caden Maxwell Cupp. r Sa L Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12" Street Lemoyne, Pa 17043 (7) 7) 761-5361 BRENDA E. HANNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2766 CIVIL ACTION LAW STEVEN CUPP IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, August 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 02, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Y4NbA'MN3d kLNnOO O'•lMH?MIO 90 =2 Wd 6- 9AV SOOZ 3W?O-GDd I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification t authorities. Date ( wAN lb k?(VWA BRENDA E HANNER ?ok QA p N N CJ BRENDA E. HANNER, Plaintiff vs. STEVEN CUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 4- oZ.') " IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and asks this court to award her physical custody of the minor child who is the subject of this litigation, based upon the following: 1 The Petitioner herein is the Plaintiff, Brenda E. Hanner. The Respondent herein is the Defendant, Steven Cupp. 2 This action involves the custody of one minor child, Caden Maxwell Cupp, age 2, who was born on 13 January 2002. 3 Since the parties separated in May of 2003, the said child has lived with Plaintiff. Although the child has seen the Defendant on various occasions, the child has not spent the night with the Defendant with any frequency. 4. On Friday, I 1 June 2004, Defendant picked up the child pursuant to an arrangement the parties had agreed upon whereby he was to have the child for the day and return the child late Friday afternoon. 5 At the time the Defendant had agreed to return the child on Friday afternoon, he refused to do so. Plaintiff did not know the location of the child or Defendant and was not able to ascertain why the child had not been returned. 6 Although the Defendant contacted Plaintiff's family over the weekend to tell them that he had the child, he did not return the child until late Sunday, 13 June 2004. The only explanation for his conduct which the Defendant offered was that he wanted to have the child for the weekend. 7. Defendant has had difficulties with the law in the past, has been criminally prosecuted, and has been incarcerated for various criminal convictions, involving illegal drugs. Plaintiff fears for the safety of the child when with Defendant without her ability to contact the child. 8 Plaintiff believes that Defendant will repeat his unilateral taking of the child in the future without an order of court to protect Plaintiff and the child. WHEREFORE, Plaintiff prays this court to award her legal and physical custody of the child until such time as this matter can be presented to the conciliator for further consideration. Sam Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12"'Street Lemoyne, Pa 17043 (7I7) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities. Date (D? tUv O bob- u , BRENDA E HA NER -, ?., - ?' <-_ -, ?_ n1 -C?i?i r ? ??7 ?j T ??.._i _? ??- _ (I1 >•!, /? i n ` i ? `?, JUN 1 7 20u4 BRENDA E HANNER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO o ? - A-76, c:?r J STEVEN CUPP, Defendant IN CUSTODY 74 ORDER OF COURT AND NOW this I day of Q L--- 2004, upon consideration c the Custody Complaint filed in this matter and the Petition for Emergency Relief, the Plaintiff, Brenda E. Hanner is hereby awarded legal and physical custody of the minor child, Caden Maxwell Cupp, age 2, who was born onf13LLJanuary 2002, `rypen ding f!_?rth? ordcf of 0- S cour« Tho',C,i- ='c d:roctog .o p...... I Lt 1; II IVI ?`I(ICI?I VI I I.VI III iT ite r-ir(V...i-'ly H J. Distirbution Samuel L. Andes, Esquire (Attorney for Plaintiff) P?.bD w?a2QY ?' .J 525 North 12" Street, Lemoyne, PA 17043 00 Steven Cupp (Defendants 28 Falcon Court, Mechanicsburg, PA 17055 67 ?? c? ?:. ti> - BRENDA E. HANNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2766 CIVIL TERM STEVEN CUPP, CIVIL ACTION - LAW Defendant IN CUSTODY IN RE: TEMPORARY CUSTODY ORDER OF COURT AND NOW, this 22nd day of June, 2004, after conference with counsel in chambers, the Court enters the following order, which is intended to be '::emporary only and in no way reflects upon the merits of the case: 1. The parties shall have joint legal custody of the child. 2. Mother shall have primary physical custody of the child, subject to periods of visitation by Father on Mondays, Wednesdays and Fridays of each week between the hours of 9:00 a.m. and 5:00 p.m. This matter is to be deferred to conciliation at the earliest practical date. As indicated, this is a temporary order made without hearing any evidence and in no way prejudices the rights of either party. ./Samuel L. Andes, Esquire For the Plaintiff ?Jeanne Costopoulos, Esquire For the Plaintiff srs Court Administrator o "I I.Y -to BRENDA E. BANNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2766 CIVIL ACTION LAW STEVEN CUPP IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday June 22, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street Lemoyne, PA 17043 on Thursday, July 29, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greev°4 Fsq. mtc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4md * -g Ap--mw As?p ?o £c- "l , ;, rata ?Ni'?d BRENDA E. HANNER, Plaintiff vs. STEVEN CUPP, Defendant 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 1 NO. 04-2766 CIVIL TERM 1 1 IN CUSTODY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, Brenda E. Harmer, certifies that: A. A notice of intent to serve the subpoena with a copy of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served. B. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. C. No objection to the subpoena has been received. D. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 2b IL.An s Attorney for Plaintif Supreme Court ID # 17225 525 North 'I 2`h Street Lemoyne, PA 17043 (717) 761-5361 (-? N r` 4 ? , c w il f`.) C> i!. j , 1'.) vi OCT 1 9 2004 ? BRENDA E. HANNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2766 CIVIL TERM V. CIVIL ACTION - LAW STEVEN CUPP, IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this day of October, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Temporary Order of June 22, 2004 shall continue in full force and effect pending further Order of Court or an agreement of the parties. 2. Holidays. A. Halloween. Father shall have custodial time to observe Halloween with the minor child. However, this time shall not occur on the evening of October 28, 2004. The parties will work together to establish the details of this period of custody. B. Christmas. Father will have custody for the Christmas holiday on December 26, 2004 from 9:00 a.m. to 8:00 p.m. 3. A hearing is scheduled ' Courtroom N?lmber 5 of the Cumberland County ? Co rthouse, on the/ '44 day of l?E J.-- f G , 2004, at / 00 o'clock .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Steven Cupp, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. E lo, Edward E. Guido, Dist: Samuel L. Andes, Esquire, 525 North Twelfth Street, Lemoyne, PA 17043 Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 VIN WAShft4-d 0 I :1 Wd $Z 100 UK 1luvllofiomocid BIhPu do OCT 1 9 2004 y BRENDA E. HANNER, Plaintiff V. STEVEN CUPP, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Caden Maxwell Cupp January 13, 2002 Mother 2. A Custody Conciliation Conference was held on October 7, 2004 with the following individuals in attendance: the Mother, Brenda E. Hanner, and her counsel, Samuel L. Andes, Esquire; the Father, Steven Cupp, and his counsel, Jeanne B. Costopoulos, Esquire. 3. The parties were able to reach an agreement regarding Father having some time to observe the Halloween holiday and Christmas. However, they were not able to reach an agreement regarding Father's request for additional time on alternating weekends, to include overnights. Therefore, a hearing is necessary. 4. Mother's position on custody is as follows: Mother would like to reduce Father's custodial time to two (2) days per week, to occur during daytime hours. She would be willing to have this occur on weekends. However, she is unwilling to allow the child to be with Father overnight. She bases her objection on allegations of Father's past history of drug dealing and on a shooting incident which occurred at his home in October 2003. She believes that he continues to sell drugs to support himself and that his alleged continued association with the drug trade would present a danger to the parties' two year old son. Mother believes that she is entitled to have Father prove that he is fit and that he presents no risk to the child. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2766 CIVIL TERM CIVIL ACTION - LAW NO. 04-2766 CIVIL TERM 5. Father's position on custody is as follows: Father wants to have an alternating weekend schedule from Friday to Sunday in addition to a couple of evenings during the week. Father believes Mother's resistance is based on his having entered a relationship with another female to whom he now has a new child. He reports that there has been a history of domestic violence between the parties with him being in the role of victim. Additionally, he believes that Mother continues to use marijuana as he alleges she did during the parties' relationship. Father reports that he has been off parole now for one year and does not believe that he presents any risk to the minor child. Accordingly, he seeks a traditional partial custody schedule. / 0) 1 Date Melissa Peel Greevy, Esquire Custody Conciliator :237238 BRENDA E. HANNER, Plaintiff VS. STEVEN CUPP, Defendant ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2766 CIVIL TERM IN CUSTODY AND NOW, this It, * day of December 2004, upon the agreement of the parties as set out in the attached Stipulation of their counsel, we hereby order and direct as follows: 1. The parties shall share legal custody of their child, Caden Maxwell Cupp, born January 13, 2002 and will cooperate with each other to exchange information regarding the child and to make all significant non-emergency decisions regarding the child. Each parent, however, shall be authorized to make emergency decisions for the care of the child while the child is in their custody and in the absence of the other party. 2. The mother, Brenda E. Hanner, shall have primary physical custody of the child. 3. The father, Steven Cupp, shall have the following periods of temporary custody: A. From 9:00 a.m. on Friday, December 10, 2004 until 10:00 a.m. on Saturday, December 11, 2004 and again from 9:00 a.m. until 5:00 p.m. on Wednesday, December 15, 2004. B. From 9:00 a.m. until 8:00 p.m. on Sunday, December 26, 2004. C. Thereafter, on alternating weekends, commencing on Friday, January 7, 2005, from Friday at 5:00 p.m. until Sunday at 8:30 a.m. D. Such other periods of time over holidays as the parties may mutually agree. E. In addition to the above, the Father may have additional periods of temporary custody on weekdays on such days and at such times as the parties may mutually agree, on the condition that neither party will unreasonably withhold their consent or agreement to such additional times. F. In addition to the above, each party shall have two non-consecutive weeks of physical custody of the child, uninterrupted by time with the other parent, for vacation during the summer months each year. 4. Our prior orders in this matter dated June 22, 2004 and October 28, 2004 are vacated and the hearing scheduled in this matter for December 16, 2004 is canceled. BY THE RT, J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Jeanne B. Costopoulos, Esquire (Attorney for Defendant) " M'L" 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 -.?`? ,.? ,,, ?i=?'? ?; ?,, _? -. ?, BRENDA E. HANNER, Plaintiff vs. STEVEN CUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2766 CIVIL TERM IN CUSTODY STIPULATION The above parties, by their undersigned attorneys, who represent to the court that they are authorized to enter into this stipulation on behalf of their clients, hereby agree to the entry of the attached order to resolve the matters now pending before the court and jointly request the court enter that order. Sa el L. Andes Attorney for Plaintiff Date: 0 0. Je'9nne B. Costopoulos Attorney for Defend t Date: /z177 Zdd BRENDA E. HANNER, Plaintiff VS. STEVEN CUPP, Defendant PETITION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2766 CIVIL TERM IN CUSTODY AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for relief in the above matter, as follows. 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. Plaintiff and Defendant are the parents of one minor child, Caden Maxwell Cupp, born 13 January 2002, who is the subject of an order of custody entered in the above case in December of 2004. That awarded primary physical custody of the child to the Plaintiff and set a schedule of the Defendant's temporary custody of the child. 3. Since the entry of that order, the Defendant has moved to a new residence and has repeatedly refused to provide Plaintiff his address, a reliable telephone number or other means to contact him, or details about where he and the child are during his periods of temporary custody. 4. Plaintiff needs to be able to contact Defendant whenever the child is in his custody, as well as at other times, to handle any emergency or problem which may arise. She is entitled to know where the child is when with the Defendant and she is entitled to have a reasonable means of communicating with the Defendant regarding the child. WHEREFORE, Plaintiff prays this court to suspend the Defendant's periods of temporary custody until such time as he provides Plaintiff details about where he and the child are during his periods of temporary custody of the child and provides Plaintiff a reasonable means of communicating with him at all times or, in the alternative, to modify the order to include a provision requiring Defendant to provide such information to Plaintiff on a regular and constant basis. S I L. Ande Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). 49-05 Date: ?? Gi(Al BRENDA E. HANNER I C? r.a (Jl tl 'rl T 17? O1' V W 6 V 3 ? l f U 0? C9 4: 1 W =i c.? RECEIVED STP 2 n 2u0i BRENDA E. HANNER, Plaintiff V. STEVEN CUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2766 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this aa? day of September, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The periods of partial custody provided to Father in this Court's Order of December 16, 2004 are SUSPENDED. In the event that Father desires to establish a schedule of partial custody in the future and the parties are not able to agree to a schedule, either party may petition the Court and the matter will be referred to Custody Conciliation in the normal course. 2. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. Edward E. Guido, J. Dist: vS2muel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 ?deanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 rP? 0?` V , ,?1??,a 0 Q h 144 ZZ d?S SOol It?7M16r:.()11?1i: r.4tJ?;?tj .7,? Jio ?al??_ Gfl?Ti BRENDA E. HANNER, Plaintiff V. STEVEN CUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2766 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Caden Maxwell Cupp January 13, 2002 Mother 2. Mother filed a petition on August 13, 2005. A Custody Conciliation Conference was scheduled for September 15, 2005 at 1:00 p.m. Attending the Conference were: the Mother, Brenda E. Hanner, and her counsel, Samuel L. Andes, Esquire. Less than one hour prior to the Conference time the Conciliator's office received a message from Father's counsel of record, Jeanne B. Costopoulos, Esquire, that he was out of the area and would not be attending or participating in the Conference. He instructed his counsel that he did not want her to represent him at the Conference and that the Order Mother requested could be entered and he would pursue it later if he desired. The Conciliation had been rescheduled from September 2, 2005 at the request of Attorney Costopoulos due to scheduling conflicts with other hearings. 3. Mother's position on custody is as follows: Mother reports that Father has moved and refuses to provide an address or telephone number where he can be reached. He has, however, been in contact with her and indicated that he may have been living in New Jersey. He has also informed her that his fiance and child are residing in Texas and that he would be spending a lot of time there. He apparently told Mother that he would not oppose the Order and did not want to pursue time with Caden presently. Mother wants to have Father's periods of partial custody as provided in the Order of December 16, 2004 suspended with a proviso that Father's partial custodial schedule may be re-established in the event that he desires to schedule in the future and the parties are not then able to agree on the schedule. NO. 04-2766 CIVIL TERM 4. In light of the circumstances reported above, the Conciliator recommends the Order in the form as attached. i Date Ott." Melissa Peel GreevY,Esquire Custody Conciliator :258953 BRENDA E. HANNER, Plaintiff V. STEVEN CUPP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA oy NO. 0-2766 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties stipulate and agree as follows: The parties acknowledge that Clifford and Linda Hanner (hereinafter referred to collectively as "Grandparents"), Brenda E. Hanner's (hereinafter referred to as "Mother") parents, have been taking care of the parties' minor child, Caden Maxwell Cupp, bom January 13, 2002, periodically since his birth and have had primary physical custody of the child since December 2005. In order to permit Grandparents to continue to take care of the child and put the child on their health insurance plan, the parties agree that Grandparents shall have legal and physical custody of the child. 2. Mother shall have the right to visit with or take partial physical custody of the child by agreement of Mother and Grandparents. 3. Steven Cupp's (hereinafter referred to as "Father") right to partial physical custody of the child will remain suspended pursuant to the Order of Court dated September 22, 2005 until further Order of Court. 4. The parties may petition the Court for modification of custody at any time. 5. This Stipulation supercedes any prior Order of Court with regard to the custody of the child. 6. Grandparents are represented by Pamela L. Purdy, Esquire. Mother and Father acknowledge that they have had the opportunity to seek the advice and assistance of independent counsel, but have chosen to not do so. Mother and Father acknowledge that they are not represented by Pamela L. Purdy, Esquire. 7. This Stipulation may be executed in counterparts and all such counterparts shall then constitute the entire Stipulation. 8. This Stipulation shall be entered as an Order of the Court. C2? 4,/ ? Steven Cupp, rather Brenda E. Hanner, of er I, Clifford Hanner, am one of the two people designated to receive custody of the child according to the terms of this Stipulation. I agree to accept custody and to give my best efforts for the care, custody, maintenance and well-being of the child. 1 agree to r. allow and to cooperate with the visitation and partial custody right of the parents as set forth in this Stipulation. p Cliffo anner -2- { <? I, Linda Hanner, am one of the two people designated to receive custody of the child according to the terms of this Stipulation. I agree to accept custody and to give my best efforts for the care, custody, maintenance and well-being of the child. I agree to allow and to cooperate with the visitation and partial custody right of the parents as set forth in this Stipulation. &S:zn_? Z?A? da Hanner Pamela L. urdy, Esquire Attorney for Clifford & Linda Hanner BY THE COURT: J. Date: -3- ?' C7 cw o -n -.a --; ? ',, E . .._. - ??'_ ' _??. -;-. , i :_... f..... /r ? 1 w - ? ?i ', ?? _ -4 AUG 232007,eD BRENDA E. HANNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. dy NO. 99-2766 CIVIL TERM STEVEN CUPP, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties stipulate and agree as follows: 1. The parties acknowledge that Clifford and Linda Hanner (hereinafter referred to collectively as "Grandparents"), Brenda E. Hanner's (hereinafter referred to as "Mother") parents, have been taking care of the parties' minor child, Caden Maxwell Cupp, born January 13, 2002, periodically since his birth and have had primary physical custody of the child since December 2005. In order to permit Grandparents to continue to take care of the child and put the child on their health insurance plan, the parties agree that Grandparents shall have legal and physical custody of the chill. 2. Mother shall have the right to visit with or take partial .physical custody of the child by agreement of Mother and Grandparents. 3. Steven Cupp's (hereinafter referred to as "Father") right to partial physical custody of the child will remain suspended pursuant to the Order of Court dated September 22, 2005 until further Order of Court. 4. The parties may petition the Court for modification of custody at any time. 5. This Stipulation supercedes any prior Order of Court with regard to the custody of the child. 6. Grandparents are represented by Pamela L. Purdy, Esquire. Mother and Father acknowledge that they have had the opportunity to seek the advice and assistance of independent counsel, but have chosen to not do so. Mother and Father acknowledge that they are not represented by Pamela L. Purdy, Esquire. 7. This Stipulation may be executed in counterparts and all such counterparts shall then constitute the entire Stipulation. 8. This Stipulation shall be entered as an Order of the Court. 0 1 A,11 ,no &V 4, a Y'(? ---, ou" e? -d*mqL Steven Cupp, other Brenda E. Harmer, o er I, Clifford Harmer, am one of the two people designated to receive custody of the child according to the terms of this Stipulation. I agree to accept custody and to give my best efforts for the care, custody, maintenance and well-being of the child. I agree to s allow and to cooperate with the visitation and partial custody right of the parents as set forth in this Stipulation. Ci' anner -2- I, Linda Hanner, am one of the two people designated to receive custody of the child according to the terms of this Stipulation. I agree to accept custody and to give my best efforts for the care, custody, maintenance and well-being of the child. I agree to allow and to cooperate with the visitation and partial custody right of the parents as set forth in this Stipulation. &'em? ZA21?A:9) da Hanner A A'u A ? - Pamela L. urdy, Esquire Attorney for Clifford & Linda Hanner BY J. Date: V 'dog i-0 -3- o ' ?? gZ gfiE? ?Q?Z Ls 40