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Home My WebLink About01-7085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA BRIAN KNEPPER, SR.. Plaintiff NO. 0\ - 1'c~ C~oLL ~~ vs. ) ) ) ) ) ) ) CIVIL ACTION - LAW -- IN CUSTODY CHARITY KNEPPER, Defendant COMPLAINT FOR CUSTODY AND NOW. comes plaintiff Brian Knepper, by and through his attorney, Christine J. Taylor, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: I. The plaintiff is Brian Knepper, who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 since 2000. 2. The defendant is Charity Knepper who is currently resides at 36 North York Road, Dillsburg, York County, Pennsylvania, since December 7,2001. 3. The above parties are the natural parents of three minor children: Taylor Knepper, d/o/b August 11, 1996; Robert Knepper, d/o/b January 14, 1998; Brian Knepper, Jr., d/o/b/ April 13, 1999. Taylor Knepper was born prior to the date of marriage, which was June 13, 1997; Robert Knepper and Brian Knepper, Jr., were born during the marnage. 4. The children are currently in the care and custody of mother, Charity Knepper, at 36 North York Road, Dillsburg, York County, Pennsylvania. 5. During the past five years, the children have resided with the following persons and at the following addresses: A. Charity Knepper at 36 North York Road, Dillsburg, Pennsylvania since December 7, 2001 along with her father and Cynthia Adams as well as four minor children between the ages of eight (8) and sixteen (16). B. Charity Knepper at 233 North 15th Street, Harrisburg, Pennsylvania from 2000 to December 7, 2001. C. Charity Knepper at Northwest Street, Carlisle, Cumberland County, Pennsylvania, from 1999 until 2000. D. Charity Knepper and Brian Knepper, Sr., at 11 Walmar Manor, Dillsburg, York County, Pennsylvania from 1997 until 1999. E. Charity Knepper and Brian Knepper, Sr., 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania from 1996 until 1997 along with Brian Knepper, Sr.'s parents, Patsy Knepper and Nelson Knepper. 6. The father of the children is Brian Knepper, Sr., currently residing at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. He currently resides with his parents Patsy Knepper and Nelson Knepper. 7. The mother of the children is Charity Knepper currently residing at 36 North York Road, Dillsburg, York County, Pennsylvania. She currently resides with her father, Donnie Meyers, Cynthia Adams, and four (4) children between the ages of eight (8) and sixteen (16). 8. The reasons that Plaintiff is seeking custody of the minor children are the following: A. After custodial periods with Defendant, the children appear dirty and hungry. Often times, they are not wearing any underwear or socks. B. Plaintiff has noticed that the three minor children have been losing weight and that recently, Defendant contacted Plaintiffs mother's employment at a restaurant to see whether or not they would be able to eat for free. C. Plaintiff avers that Defendant has been repeatedly selling the beds and other items Plaintiff purchases for the minor children so that Defendant is able to obtain money. D. Defendant is currently unemployed and source of income is child support only. E. Plaintiff avers that Defendant has expressed an interest in leaving the state of Pennsylvania and requested that Plaintiff sign over parental rights to her. F. Plaintiff has the genuine desire and capabilities to offer a stable, safe and clean home environment, which Defendant cannot at this time. G. It is the best interest of the minor children that Plaintiff be granted primary physical custody of the minor children. H. Any other reasons that may fully appear at conference. WHEREFORE, Plaintiff requests the Court enter an Order granting the relief requested. Date: tcfyG/ By: ChristineJ. Ta r, WILEY, LENOX, CO & MARZZACCO, P.C. 1 South Baltimore treet Dillsburg, P A 17019 (717) 432-9666 I.D. #82204 VERIFICATION I, BRIAN KNEPPER, SR. , verifY that the statements made in this document are 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: /Z-s:-(!) / ~~~/ ~ ~ ~~~ - ~ ~ ~ 0 - -V tF ~ ..0 -0 "- ~ o ~ I]\~.i ITrpc 2::- ' -;". ,--- ~~~ ~~~_. ;-:~(~ >= ~':~: 2-: =<: a r:., ~ "I, t-') co ~ en B ',,-.' . i -...." ~ .-;.-._~_..~:;""-' " 0) p.. ~- ;:l~Vl';.; ~j~g r" 0 ,- V \;( S <( >' r/.l ';:1 ~ pJ>'~ === ~ ~ ~ 0"% ~~b\ r-< g o BRIAN KNEPPER, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-7085 CIVIL ACTION LAW CHARITY KNEPPER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 20, 2001 , upon consideration of the attached Complaint, it is hereby directed tbat parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, January 28, 2002 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 Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schednled hearing. FOR THE COURT, By: /s/ Melissa P. Gree'QY. Esq. ~fV\. , 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 HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /;)./-;;'//01- CEIz:!, (b~'I l'Yla.cl~( --/-0 IJ../-y ~ylo~ ~lc..~ l'Y\.~tl'i:..cC. ~ ~ Co,<>'( fY\.~tkL --1-0 fI..-+.i.r ~u:.'t o I DEe 2 I PH 2: 11 CUMBERLAI\lD COUNlY PENNSYLVANIA \LED'.Cr':f\CE O~ T"" "".,,0)'1'\ \"","OTAl)V r \1"1\:" 11"';'/,,1 :",',."" llt'.r,} HlED.{)fFiCE Oc '1'1'1': ",r.;,r\T~'('\"IOTARV ~ "'_' I . ,,? I . ,~-,' 'i.. 'I, ; I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., Plaintiff VS. ) ) ) ) ) ) ) CIVIL ACTION - LAW -- IN CUSTODY NO. 01-7085 CHARITY KNEPPER, Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Custody Complaint previously filed on December 18, 2001. A copy of the original process is attached. Respectfully Submitted, Date, ry--k / Christine J. TayIo uire The Wiley Group, P.C. One South Baltimore Stre Dillsburg, P A 17019 (717) 432-9666 I.D.# 82204 (") 0 0 C N -n s: '- -.,,1 ~fB :t:>' ~:-::~ % 'c- '-In"1 z~ Q:) :by ~L '~:2o ;.::::CJ ;l::'> :C+l ~~ :x ~;;o C? "'~-rn 9 ~ ~ ?P \0 --< . '" ~. " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., Plaintiff VB. ) ) ) ) ) ) ) NO. Ol- ?Op,j (Jtui..l ~~ CIVIL ACTION - LAW -IN CUSTODY CHARITY KNEPPER, Defendant o c) C -"." ,..') 1..:1 if" COMFY, A TNT FOR CUSTODY Sd c:i i';, .. C'" AND NOW, comes plaintiff Brian Knepper, by and through his attorney, Cijj:1$tine .(Taylor~!'. :l::c, _:,:,~ 1 ..... _ . Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Comp]~"tfor ~~tod~;,~ . ~;; ~. ", and in support thereof, avers as follows: ~i c;, ::~ 1. The plaintiff is Brian Knepper, who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 170 II since 2000. 2. The defendant is Charity Knepper who is currently resides at 36 North York Road, Dillsburg, York County, Pennsylvania, since December 7, 2001. 3. The above parties are the natural parents of three minor children: Taylor Knepper, dJolb August II, 1996; Robert Knepper, dJolb January 14, 1998; Brian Knepper, Jr., dJolbl April 13, 1999. Taylor Knepper was born prior to the date of marriage, which was June 13, 1997; Robert Knepper and Brian Knepper, Jr., were born during the marriage. 4. The children are currently in the care and custody Ofmother, Charity Knepper, at 36 North York Road, Dillsburg, York County, Pennsylvania. 5. During the past five years, the children have resided with the following persons and at the following addresses: A. Charity Knepper at 36 North York Road, Dillsburg, Pennsylvania since December 7, 2001 along with her father and Cynthia Adams as well as four . minor children between the ages of eight (8) and sixteen (I 6). B. Charity Knepper at 233 North 15th Street, Harrisburg, Pennsylvania from 2000 to December 7, 2001. C. Charity Knepper at Northwest Street, Carlisle, Cumberland County, Pennsylvania, from 1999 until 2000. D. Charity Knepper and Brian Knepper, Sr., at 11 Walmar Manor, Dillsburg, York County, Pennsylvania from 1997 until 1999. E. Charity Knepper and Brian Knepper, Sr., 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania from 1996 unti11997 along with Brian Knepper, Sr.'s parents, Patsy Knepper and Nelson Knepper. 6. The father of the children is Brian Knepper, Sr., currently residing at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania He currently resides with his parents Patsy Knepper and Nelson Knepper. 7. The mother of the children is Charity Knepper currently residing at 36 N orth York WHEREFORE, Plaintiff requests the Court enter an Order granting the relief requested. Date: 10?/ By: Christine J. Ta r, WILEY, LENOX, CO & MARZzAcco, P.C. 1 South Baltimore treet Dillsbw-g, PA 17019 (717) 432-9666 I.D. #82204 fRUE COpy FROM RECORD In Testimony Whereof, I here unto set my han( and the seal of said rt at Carlisle. Pa. Th Y VERIFICATION 1, BR rAN KNEPPER. SR. , verifY that the statements made in this document are 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. g4904, relating to unsworn falsification to authorities. Date: / Z-S- -(!) I ~?~~~~ ~. o. . ....<e'!!! :___ :I C~ : r-.l\ on'VI :-"'i Z. .. ~. ~~ >. rn. ~ c: '<. . ?J fEB 1 9 2002 BRIAN KNEPPER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 vs. TARA T. KNEPPER, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this ;;-tr day of February, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr., and Tara T. Knepper, shall have shared legal custody of the minor Children, Taylor Knepper, born August 11, 1996; Robert Knepper, born January 14, 1998; and Brian Knepper, Jr., born April 13, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 Pa. C. s. 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. For the 2001-2002 academic school year, Mother shall have primary physical custody. Father shall have each weekend from Saturday between 8:00 a.m. and 8:30 a.m. until Sunday between 7:00 p.m. and 7:30 p.m. If by Friday Father contacts Mother to notify her that he does not have to work on Monday morning, at his option, Father may request to have his custodial weekend extended from Sunday at 7:30 p.m. until Monday morning when the Children are returned to school or daycare. Father shall have primary physical custody of the Children from the first Saturday after school has been dismissed for the summer recess in June 2002. Mother shall have physical custody for any days that she has off following the school summer recess and at such other times as the parties may agree. .... ~ . No. 01-7085 3. Each parent shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 4. Mother shall dismiss the Dauphin County Custody Action docketed at 5663 CV 2001 CU. 5. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 6. The Conference shall reconvene on the 15th day of July, 2002, at 9:15 a.m. at the office ofthe Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, Pennsylvania, for the purpose of reviewing the physical custody plan and in assisting the parties in making a holiday schedule. J. Dlst: Aavid Lopez, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 ..;ehristine J. Taylor, Esquire, One S. Baltimore Street, Dillsburg, PA 17019 f' OP\e..s -fYlci\\ed. LoJ..-J..J.-OJ.. L '"R)\3 ,. BRIAN KNEPPER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-7085 CHARITY KNEPPER, Defendant CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Knepper Robert Knepper Brian Knepper, Jr. August 11, 1996 January 14, 1998 April 13, 1999 Mother Mother Mother 2. A Custody Conciliation Conference was held on January 28, 2002, with the following individuals in attendance: the Father, Brian Knepper, Sr., and his counsel, Christine J. Taylor, Esquire; the Mother, Tara 1. Knepper, and her counsel, David Lopez, Esquire. 3. The parties reached an agreement in the form of an Order as attached. ~5/6D Date ~2~ Custody Conciliator - . .>.. J ~ ~ J:.~ ,c ~ tic@ tA~2002 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM BRIAN KNEPPER, SR., v. CIVIL ACTION - LAW CHARITY KNEPPER, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~~,J. day of March, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr. and Charity Knepper, shall have shared legal custody of the minor children, Taylor Knepper, born August 11, 1996; Robert Knepper, born January 14,1998; and Brian Knepper, Jr., born April 13, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, 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 Pa.C.S. 35309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. For the 2001-2202 academic school year, Mother shall have primary physical custody. Father shall have each weekend from Saturday between 8:00 a.m. and 8:30 a.m. until Sunday between 7:00 p.m. and 7:30 p.m. If by Friday Father contacts Mother to notify her that he does not have to work on Monday morning, at his option, Father may request to have his custodial weekend extended from Sunday at 7:30 p.m. until Monday morning when the children are returned to school or daycare. Father shall have primary physical custody of the children from the first Saturday after school has been dismissed for the summer recess in June 2002. Mother shall have physical custody for any days that she has off following the school summer recess and at such other times as the parties may agree. 3. Each parent shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 4. 2001 CU. Mother shall dismiss the Dauphin County Custody Action docketed at 5663 CV 5. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this 6. The Conference shall reconvene on the 15th day of July, 2002, at 9:15 a.m. at the office of the Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, Pennsylvania, for the purpose of reviewing the physical custody plan and in assisting the parties in making a holiday schedule. J. Dist.: David Lopez, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 Christine J. Taylor, Esquire, One S. Baltimore Street, Dilisburg, PA 17019 ~ ~.3' .:l~-().L, Cf- :155253 OL~ \fiNV/i!J.SNN3d 'IN'('~~' r'I"~,, '-""'In') A_, ,Jl)u \_~"~:; ',"::Je-:t\[ 'v 17 S :15 HV ? G G~';~ ),tFiLC'" . . . ~ MAR 1 8 2002 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM BRIAN KNEPPER, SR., v. CIVIL ACTION - LAW IN CUSTODY CHARITY KNEPPER, Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor Knepper Robert Knepper Brian Knepper, Jr. August 11, 1996 January 14, 1998 April 13, 1999 Mother Mother Mother 2. A Custody Conciliation Conference was held on January 28, 2002 with the following individuals in attendance: the Father, Brian Knepper, Sr., and his counsel, Christine J. Taylor, Esquire; the Mother, Charity Knepper, and her counsel, David Lopez, Esquire. 3. The parties reached an agreement in the form of an Order as attached. However, the Order contained a typographical error regarding the Mother's first name which is corrected by the attached Order. -3/1 , Jo 2---- ~~o 7 Melissa Peel Greevy, Esquire Custody Conciliator Date .r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., Plaintiff vs. ) ) ) ) ) ) ) CIVIL ACTION - LAW -- IN CUSTODY NO. 01-7085 CHARITY KNEPPER, Defendant AGREEMENT AND STIPULATION OF CUSTODY ~ AND NOW, this 6 - day of , 2002, the Plaintiff and Defendant, having reached an agreement re ding custody in the best interest and welfare of their minor children, Taylor Knepper, born August 11, 1996; Robert Knepper, born January 14, 1998; and Brian Knepper, Jr., born April 13, 1999, desire to legally obligate themselves to adhere to the terms of said agreement:. 1. The parties will share joint legal custody of their minor children. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's heahh, welfure, 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 hannonious policy in the children's best interest. Each party agrees oot to impair the other parties rights to shared legal custody of the party. Each party agrees oot 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 ----_.,..-__...."-,..~~.,.,~-,~~~."_....,,..,._,...,,.',., ..' ,...- .i~ ~ to _ oD'J ~ doCisions ~ fuetebY. Ro-' \baI I"""" ,bllI- tho _ of tho ~ and """"" with biDl '" bet as soon" po....bIe. Eo<h pertY ,bllI be ..,utJod to cotoPli:tO. and ful\ ~ fro" oD'J do<to', oJo.nlist. -""'", pto~ 0' authOrity and to baVO copies of oD'J_tIS given to eit\let partY of the parent. 2. _ ~ costodY of tho ....... cldJdre",bllI be with pJaintlff. B....~' St. 3. ne~ CharitY ~, ,bllI have period' of ~ costodY of the JDinOt children pursuant to the following schedule: (a) Begh1Din& the weeJ<end of MaY 24,2002. .- other weeJ<end frotD FridaY at 5:00 p.m. until sundaY at 7:30 p.ro. (h) BeginoiDl\ on Monda>'. J_ 3, 2002, .- other MondaY and Tues<IaY frotD 4:00 p.ro. until 7:00 p.ro. (c) During the _....-hs """'" ,??oo1 is not in ........ and beghmin& the first SundoY of tho _.-'- SundoY at 1:30P.... until W~ at 7:30 p.ro. 4. HolidaYS: (a) Mother wilIbaVO pbysiosI """,,<11 of the cldJdre" on MDtbef'S DaY. (h) Fatber wilIbaVO pbysiosI e~ of the cldJdre" on Fatber'. DaY. (e) ",""",. in2002 and'-'-~"I""'~' Fatber will baY< the ....' cldJdre" o. _. l\eginDiD& in 2003, and .- odd-nnn>J>etCd yen thereafter. Mother will have the minOt chi\dten on Easter. (d) ~in2002and.-.-~"I""'~.MotherW have the .,;..,' cldJdre" on ~ fro" 9:00 ",M. until 3:00 U alternating with Father on odd-nurobeted years. (e) ~ in~ yrsrs, F_,bllI- the rigb1 ofcostodY ft __ 24 at NoO. _ugh n--"'" 25 sf NoOn, with Motbef \>a) : custody:from December 25 at Noon through December 26 at Noon. In odd. numbered years, Mother shall have the right of custody from December 24 at Noon through December 25 at Noon, with Father having custody from December 25 at Noon through December 26 at Noon. (f) The holiday schedule, unless otherwise set forth, shall be from 9:00 A.M. until 7:30 P.M. (g) The holiday schedule shall take precedence over the regular custody schedule. 5. Transportation. The parent who is to begin the custodial time with the minor children shall be the responsible party to pick up the children. Each party agrees to notify the other if a delay exceeding fifteen (IS) minutes is expected. 6. Each parent shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 7. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision 8. Both parents shall refrain from making derogatory connnents 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. 9. The parties agree that the minor children shall be emolled in the Lower Allen Elementary School within the West Shore School District or the school district in which Father resides beginning with the academic year 2002-2003. --~.~--~~.._--" .......----....,....-.".......<"...~". ."._"_m.'". ',.! .,. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seaJs the day and year first above written. ine J. Taylo Attorney for Plaintiff ~~ David .Lopez, Attorney for a-~ '- ~~.rie_ T'/2hl ~.._.~~-,~~,- .~~....~,....". -, . 8 <:) 0 N ., s: == '-j LIce' or: cprr, ~.:W- ij':~ ~ "- :J_.J -r;rf'} ..,. r' ,0(. -''''0 CO2- -.J ;:'5(1; -< f~:;; S --../- ~ \J ~Ii :f-; \..-~: -, ~;ll?5 :c.: (::, "'--.-- rn j,; W ',,) C '-'1 -'>, ~~ ...:..... :< 0::> ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., Plaintiff NO. 01.7085 V5. CHARITY KNEPPER, Defendant ORDER AND NOW, this ~,~ dayof :r~ ,2002, upon consideration of the foregoing Agreement and Stipulation of Custody and on motion of Christine J. Taylor, Esquire, counsel for Plaintiff, Brian Knepper, Sr., and with the agreement of David Lopez, Esquire, counsel for Defendant, Charity Knepper, it is hereby Ordered, Adjudged and Decreed that the terms, conditions and provisions of the attached Agreement and Stipulation of Custody of the parties are adopted as an Order f Court as if set forth herein at length. J. Distribution: David Lopez, Esq., Mid Penn Legal Services, 8 Irvine Row, Carlisle, PA 17013 Christine Taylor, Esq., 1 South Baltimore Street, Dillsburg, PA 17019 ~ ~ (._;ll-O~ ~ c:: JU11 2 I PI'112: 15 CUM2L:riUe!.jD COUNlY PENNS\lVANIA " BRIAN KNEPPER, SR., PLAINTIFFIRESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-7085 CML ACTION LAW CHARITY KNEPPER, DEFENDANT/PETITIONER IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Charity Knepper, by and through her attorney, G. Patrick O'Connor, Esquire, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petitioner is Charity Knepper, who currently resides at 129 North Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is Brian Knepper, Sr., who currently resides at 40 South Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The above parties are the natural parents of three minor children: Taylor Knepper, d/o/b August 11,1996; Robert Knepper, d/o/b January 14, 1998; Brian Knepper, Jr., d/o/b April 13, 1999. Taylor Knepper ws born prior to the date of marriage, which was June 13, 1997; Robert Knepper and Brian Knepper, Jr., were born during the marriage. 4. The children are currently in the care and custody off ather, Brian Knepper, Sr., at 40 South Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. 5. During the past five years, the children have resided with the following persons at the following addresses: A. Brian Knepper, Sr., at 40 South Scarsdale Drive, Camp Hill, Pennsylvania since June 6, 2002, along with Brian Knepper, Sr.'s parents, Patsy Knepper and Nelson Knepper. B. Charity Knepper at 36 North York Road, Dillsburg, Pennsylvania from December 7,2001, until June 6,2002, along with her father and Cynthia Adams as well as four minor children between the ages of eight (8) and sixteen (16). C. Charity Knepper at 233 North 15th Street, Harrisburg, Dauphin County, Pennsylvania from 2000 to December 7, 2001. D. Charity Knepper at Northwest Street, Carlisle, Cumberland County, Pennsylvania from 1999 until 2000. E. Charity Knepper and Brian Knepper, Sr., at 11 Walmar Manor, Dillsburg, York County, Pennsylvania from 1997 until 1999. 6. The father of the children is Brian Knepper, Sr., currently residing at 40 South Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. He currently resides with his parents Patsy and Nelson Knepper. 7. The mother of the children is Charity Knepper, currently residing at 129 North Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. She currently resides with her soon-to-be husband, Brian Howell. 8. The reasons that Plaintiff is seeking custody of the minor children are the following: A. The children are in the primary custody of the father at the present time only because the mother signed a custody stipulation while under duress in June of 2002. After the mother came to the father's house to pick up the children, the father refused to allow the mother to leave until she signed the stipulation. B. Father gives little time and attention to the children, relying on grandparents as the primary care providers. C. Father and grandparents neglect the sanitary needs of the children. Mother receives the children for visitation with unwashed faces and in need of baths. One child has a persistent and serious exema rash. D. Father is at least negligent in his physical contact with the children. Recently, the Father hit one child on the side of the face with a baseball bat. While this was reported as an accident, the father has in the past demonstrated a violent temper. E. Father and grandparents are lax in their supervision. The 3-year- old child was reportedly left in the swimming pool without adult supervision. The 6- year-old child reported that he saved the younger child's life. In another instance, the 3- year-old child was found wandering down the street alone. Officer Crone of the Lower Allen Police Department reported an additional incident to the mother in which the children were found unsupervised and vandalizing a private residence. F. Father starts work at 4:00 p.m. and, as a result, has little contact with the children during non-school hours. Mother works part-time and can be home by 3:45 p.m., so as to afford maximum time with and attention to the children. G. Mother and her soon-to-be husband will be able to provide a loving and stable environment for the children. H. It is in the best interest of the minor children that Mother be granted primary physical custody of the children. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting the relief requested. Respectfully submitted: Dated: ?/~/Oy I . Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney ill # 64720 ATIORNEY FOR DEFENDANTIPETITIONER By: VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Petitioner and that the information contained in the herein petition is based on information give to me by the Petitioner and is true and accurate to the best of my knowledge, information and belief. ~~p/ ./ G. Patrick O'Connor, Esquire DATE: J/z40v CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Petition for Modification of Custody to the party indicated below by depositing same in the United States mail, postage prepaid, and in accordance with the Pennsylvania Rules of Civil Procedure, at Camp Hill, Pennsylvania: Brian Knepper, Sr 40 South Scarsdale Drive Camp Hill, PA 17011 Christine J. Taylor, Esquire THE WILEY GROUP PC One South Baltimore Street Dillsburg, P A 17019 DATE: o/lh'ft-/' I . G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Petitioner ~R~ i~ :::. '\ ., ~ .;t' (") C <:':' -065 Q)r~-~ zf'" (1)-"' ~i-', ?fc~: c:.;.;::t-' ..k C: ".,.. =z c:> l....:l o n -I I o >'1 -c :J: :-;cl ;--;~~ , rfl C) l_..... 'c'.J . 't .~ =',~ c,; <.) :srn ~,;1 ~rt =< :...) BRIAN KNEPPER, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-7085 CIVIL ACTION LAW CHARITY KNEPPER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 03, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cOlmsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Tuesday, November 05, 2002 , the conciliator, at 10:30 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: Isl Melissa P. Greev:y. Esq. ~ 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~jp 7~Ah? jfr/ -I- ~p ~ e /~I ~lA ~{) !r~~~fi ViNV/\lASNN3d AlNn08 C')\cf'lFJav'lnJ iJS :" HV L - DO ZO A!:lt/lCi'I... .' ~~., . .c. "0 " .' , ',~ 'J'.'- - ::'~,it.J:':\.J"';, j IU e~-CO! -r:o-CO! eO L .()( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., Plaintiff vs. ) ) ) ) ) ) ) CIVIL ACTION - LAW -- IN CUSTODY NO. 01-7085 CHARITY KNEPPER, Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Plaintiff, BRIAN KNEPPER, SR., by and through his attorney, Christine 1. Taylor, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Answer to Defendant's Petition for Modification of Custody, and in support thereof, respectfully represents the following: 1. - 4. Admitted. 5 (A) Admitted in part and denied in part. It is admitted that the minor children currently reside with Plaintiff; however, it is denied that it has been since June, 2002. To the contrary, the minor children have resided with Plaintiff since approximately March. 2002. (B) Admitted in part and denied in part. It is admitted that the minor children began residing with Defendant on or about December 7, 2001; however they did not reside with her through June 6, 2002. To the contrary, the minor children began residing with Plaintiffin approximately March. 2002. (C) Admitted. (D) Admitted. (E) Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Charity Knepper, the mother of the minor children, currently resides at 129 North Sporting Hill Road, Mechanicsburg, Pennsylvania with Brian Howell. It is denied that Brian Howell is her "soon-to-be husband" and therefore strict proof thereof is demanded at trial. 8. (A) Admitted in part and denied in part. It is admitted that Plaintiffis the primary custodian of the minor children. It is denied that Defendant signed a custody stipulation while under duress. To the contrary, Defendant and her attorney David Lopez ofMidPenn Legal Services signed the custody stipulation after sending her counsel two proposed agreements. (B) Denied. Plaintiff is the primary caretaker of the minor children and is home with the children when they return from day care and school. Plaintiff works from 11 :00 p.rn. until 7:30 p.rn. Tuesdays through Fridays during which times Plaintiff's parents are at home while the children are sleeping. (C) Denied. To the contrary, Plaintiff avers that Defendant neglects the sanitary needs of the minor children as they have been returned hungry, unwashed and wearing soiled clothing. It is denied to the extent that Defendant's averment insinuates that the one minor child's exema is a result of Plaintiff. To the contrary, while the minor child, Taylor Knepper, has exema, Plaintiff notes that this condition is worsened after Taylor spends time at Defendant's residence. (D) Denied. It is denied that Plaintiff is neglectful in his physical contact with the children. To the contrary, he is present at home with the children all day on Saturdays, Sundays and Mondays. In addition he is home with the children once they return from day care and school. It is denied that Plaintiffhas demonstrated a violent temper. To the contrary, Plaintiff filed a Protection from Abuse Order against Defendant and assault charges are currently pending against Defendant after an incident in which Defendant acted physically abusive toward Plaintiff and his mother in the presence of at least on of their children. Plaintiff denies that he intentionally hit any ofhis children with a baseball bat. To the contrary, while playing outside, Plaintiff was unaware that one ofthe minor children walked behind Plaintiff who was swinging a baseball bat and who subsequently was hit. (E) Admitted in part and denied in part. It is denied that the 6-year old had to save the 3- year old's life. To the contrary, three (3) adults were supervising the minor children at which time the 3-year old slipped in the shallow end of a swimming pool. It is denied that the 3-year old was wandering down the street alone. Concerning the allegation that Officer Crone reported the minor children vandalizing a private residence, to the extent that a 3-year old and 6-year old are able to vandalize, these children left their babysitter's home and picked the neighbor's cherry tomatoes and were throwing them. Plaintiffhas since stopped using that particular babysitter as a result of the children leaving that residence without the babysitter's knowledge. No charges were filed concerning any vandalism. (F) Denied. Plaintiff works an 11:00 p.rn. to 7:30 a.rn. shift Tuesdays through Fridays. It is denied that Mother works part-time and can be home by 3:45 p.m. and therefore, strict proof thereof is demanded at trial. (G) Denied. It is denied that Defendant and her soon-to-be husband will be able to provide a loving and stable environment for the minor children based upon Defendant's past conduct. To the contrary, Defendant's soon-to-be husband has made physical threats to Plaintiff. Furthermore, the children have returned from Defendant's home swearing. In addition, Defendant lives in a two (2) bedroom mobile home and she and her soon-to-be husband are expecting a child. The minor children all sleep in the same bed at Defendant's residence. Brian Howell has at least one other child born in or around September, 2002, who mayor may not require sleeping accommodations at their residence as well. (H) Denied. To the contrary, it is in the children's best interest that Plaintiff continue to have primary physical custody ofthe minor children. WHEREFO RE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Petition for Modification of Custody. stine 1. Taylor, Es e WILEY, LENOX, COLGAN & MARZ 1 South Baltimore Street Dillsburg, P A 17019 (717) 432-9666 J.D. #82204 Date: lorr~ By: CERTIFICATE OF SERVICE I, Christine 1. Taylor, Esquire hereby certifY that I am this day serving a copy 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 in the United States mail, first-class, postage prepaid, as follows: G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (Attorney for Defendant) WILEY, LENOX, COLGAN & MARzZACCO P.C. Christine 1. Taylor, uire Supreme Court I.D. #822 1 South Baltimore Street Dillsburg, P A 17019 (717) 432-9666 (Attorney for Plaintiff) Date: t-dbPk / / By: VERIFICATION I, Brian Knepper, Sr., verify that the statements made in the foregoing document are 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: (Jdohet zg,20{) 2- / ~~ Brian Knepper, S . C', t: " ,"i ~) ) .1 , , itrJ' :.....} :'0 :0 ....J _< NOV 1 8 2002 ?-- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM BRIAN KNEPPER, SR., v. CIVIL ACTION - LAW CHARITY KNEPPER, IN CUSTODY Defendant GUIDO, J,-- ORDER OF COURT AND NOW, this ,e, "" day of November, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr. and Charity Knepper, 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 interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. 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 either part of the parent. 2. Physical Custody. Primary physical custody of the minor children shall be with the Plaintiff, Brian Knepper, Sr. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: A. Effective November 8,2002, on alternate weekends, from Friday at 4:30 p.m. until Monday when the children are returned to Father or school. NO. 01-7085 CIVIL TERM B. Effective November 5, 2002, each week on Monday and Tuesday from 4:30 p.m. until 7:30 p.m. 4. 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 family 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 24m 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. NO. 01-7085 CIVIL TERM 5. Transportation. The parent who is to begin the custodial time with the minor children shall be the responsible party to pick up the children. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 6. Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 7. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guest comply with this provision. 8. 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. 9. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore Shore School District or the school district in which Father resides beginning with the academic year 2002-2003. 10. Summer. During the summer school recess the parties shall have a week-on week-off custodial arrangement. To commence with the first Sunday following the dismissal of school for the academic year, Mother shall have custody for a one week periOd until the following Sunday. The parents shall continue their alternating custodial schedule throughout the schoof's summer recess period. 11. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. In the absence of such agreement the terms of this Order shall control. BY Edward E. Guido, J. Dis!: .....Christine Taylor. Esquire, 1 South Baltimore Street, Dillsburg, PA 17019 ~ Patrick O'Connor, Esquire, 3105 Old Gettysburg Road, Camp Hill, PA 17011 > t.. opLw ailil- 1/-/ q -0;) fYJf( K3 , '--r I'{J,!\/,r" ,;' ~ "', '/'S'/'V\l.?d - ;~-i/vn'J ~ fJ ,Cj :>, ~l :./ I;:";d , 'J /Lli/:,:(' ~'.' J BRIAN KNEPPER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM v. CIVIL ACTION - LAW CHARITY KNEPPER, IN CUSTODY Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor Knepper Robert Knepper Brian Knepper, Jr. August 11, 1996 January 14, 1998 April 13, 1999 Father Father Father 2. The parties were are seen for their second Custody Conciliation Conference on November 5, 2002 pursuant to a petition filed by the Defendant Mother on October 1, 2002. Attending the conference were: the Father, Brian Knepper, Sr., and his counsel, Christine Taylor, Esquire; the Mother, Charity Knepper, and her counsel, Patrick O'Connor, Esquire. 3. The parties worked diligently and reached an agreement in the form of an Order as attached. /I /11 l()L Date LA1d7~~evy. Esquire Custody Conciliator :164928 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA BRIAN KNEPPER, SR., Plaintiff vs. ) ) ) ) ) ) ) CIVIL ACTION - LAW -- IN CUSTODY NO. 01-7085 CHARITY KNEPPER, Defendant PLAINTIFF'S PETITION TO MODIFY CUSTODY AND NOW, comes Brian Knepper, Sr., by and through his attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition to Modify Custody, respectfully averring as follows: I. Petitioner is Brian Knepper, Sr. (hereinafter "Father"), who currently resides at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Charity Knepper (hereinafter "Mother"), who is believed to be residing at 1206 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17102. 3. The parties are the natural parents of three (3) children: Taylor Knepper, born on August 11, 1996; Robert Knepper, born on January 14, 1998; and Brian Knepper, Jr., born on Apri113, 1999. 4. On December 18,2001, Father filed a Complaint For Custody in This Court. 5. On June 6, 2002, the parties entered into an Agreement and Stipulation of Custody providing for them to share legal custody, and for Father to have primary physical custody subject to Mother's rights of partial physical custody. This Agreement and Stipulation of Custody was adopted as an Order of Court by The Honorable Edward E. Guido on June 21, 2002. (Attached hereto as Exhibit "A"). 6. On or about September 25, 2002, Mother filed a Petition for Modification of Custody. 7. On November 19,2002, following a Custody Conciliation Conference before Melissa Peel Greevy, Esquire, Judge Guido issued an Order of Court confirming primary physical custody in Father. The only substantive modification to the previous Order was that the parties would share the summer school vacation on a week-on / week-off basis. (Attached hereto as Exhibit "B"). 8. Father submits that it is in the best interests ofthe children to modifY the existing Custody Order to remove the week-on / week-off summer custody provision, for the following reasons: a) Mother bas recently moved from her residence in Mechanicsburg to an apartment in downtown Harrisburg. b) To this date, Mother bas not informed Father of her new address or even of the fuet that she has moved. c) Father was informed by the children that Mother was living somewhere new, but are too young to adequately explain the location of that residence. d) Father has only learned of Mother's new address through his own investigation. e) From what Father has heard from his children, it appears that Mother's apartment is physically inadequate to acconnnodate all three (3) children for an extended period. f) Father is concerned that the children are not being properly cared for in that they repeatedly return to his custody complaining of hunger despite the fuet that Mother has supposedly provided dinner to them. g) The children have complained that Mother's husband persists in making derogatory comments about Father in their presence. h) It is believed, and therefore averred, that the children do not desire to spend more time than they do during the school year at Mother's residence during the summer months. WHEREFORE, Petitioner respectfully requests This Honorable Court to modify the current Custody Order to reduce the amount of time the children spend with Respondent during the summer. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: Winnick, Esquire ID # 78 3 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: 03 JII I J(J '" EXHIBIT uA" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., Plaintiff VS. ) ) ) ) ) ) ) NO. 01-7085 CHARITY KNEPPER, Defendant ORDER AND NOW, this ll-ok day of ~ ' 2002, upon consideration of the foregoing Agreement and Stipulat;on of Custody and on motion of Christine J. Taylor, Esquire, counsel for Plaintiff, Brian Knepper, Sr., and with the agreement of David Lopez, Esquire, counsel for Defendant, Charity Knepper, it is hereby Ordered, Adjudged and Decreed that the terms, conditions and provisions of the attached Agreement and Stipulation of Custody of the parties are adopted as an Order of Court as if set forth, herein at length, /.1 !!r",~ E ~ I , J. Distribution: David Lopez, Esq., Mid Penn Legal Services, 8 Irvine Row, Carlisie. PA 17013 Christine Taylor, Esq" 1 South Baltimore Street, Dilisburg, PA 17019 In TRUE COpy FROM RECORD an TttSfliiiOIi)' WllcrOOf: j hero lImo:re! my hai'ld rh~ tlw 8f3a1 of saId C . /1 at Carlisle Fa IS ol./~ day [I . . :;;2"".2:::. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN KNEPPER, SR., Plaintiff VS. CHARITY KNEPPER, Defendant ) ) ) ) ) ) ) NO. 01-7085 (") <;::> 0 C r", --n s: f.._ -Ocr:; c=: . S2 [',;:; :::;:: I-I} CIVIL ACTION - LAW -- ~6tJSTDDY:J L? ~~ : t,1i~ .r,... _ :.~ \0 ~ AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this 6 ~ day of L-K r ../ , 2002, the Plaintiff and Defendant, having reached an agreement re6('ding custody in the best interest and welfure of their minor children, Taylor Knepper, born August 11, 1996; Robert Knepper, born January 14,1998; and Brian Knepper, Jr., born April 13, 1999, desire to legally obligate themselves to adhere to the terms of said agreement:. I. The parties will share joint legal custody of their minor children. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's heaIth, wel1ilre, education, religious training and upbringing shall be made by themjointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees oot to impair the other parties rights to shared legal custody of the party. Each party agrees oot 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 infurm the other of the emergency and consuh 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 either party of the parent. 2. Primary physical custody of the minor children shall be with P1aintiff; Brian Knepper, Sr, 3. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: (a) Beginning the weekend of May 24, 2002, every other weekend from Friday at 5:00 p.rn. until Sunday at 7:30 p.rn. (b) Beginning on Monday, June 3, 2002, every other Monday and Tuesday from 4:00 p.rn. until 7:00 p.rn. (c) During the summer months when school is not in session and beginning the first Sunday of the swnmer recess, every Sunday at 7:30 p.rn. until Wednesday at 7:30 p.rn. 4. Holidays: (a) Mother will have physical custody of the children on Mother's Day. (b) Father will have physical custody of the children on Father's Day. ( c) Easter, in 2002 and every even-mnnbered year thereafter, Father will have the minor children on Easter. Begimring in 2003, and every odd-numbered year thereafter, Mother will have the minor children on Easter. (d) Thanksgiving, in 2002 and every even-numbered year thereafter, Mother will have the minor children on Thanksgiving from 9:00 A.M. until 3:00 P.M., alternating with Father on odd-numbered years. (e) Christmas in even-mnnbered years, Father shall have the right of custody from December 24 at Noon through December 25 at Noon, with Mother having custody from December 25 at Noon through December 26 at Noon. In odd- ,numbered years, Mother shall have the right of custody from December 24 at Noon through December 25 at Noon, with Father having custody from December 25 at Noon through December 26 at Noon. (t) The holiday schedule, un1ess otherwise set furth, shall be from 9:00 A.M. until 7:30P.M. (g) The holiday schedule shaII take precedence over the regular custody schedule. 5. Transportation - The parent who is to begin the custodial time with the minor children shaII be the responsible party to pick up the children. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 6. Each parent shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 7. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision 8. 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. 9. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore School District or the school district in which Father resides beginning with the academic year 2002-2003. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and sea1s the day and year first above written. ine J. Taylo Attorney for plaintiff ~~ Brian Knepper ., laintiff ~ David Lopez, Esquire Attorney for Defendan ~~- >r~ ' Charity~, Defendant ~ EXHIBIT UBn NOV 1 8 2002 p- BRIAN KNEPPER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF , CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-7085 CIVIL TERM Defendant CIVIL ACTION - LAW IN CUSTODY CHARITY KNEPPER, GUIDO, J.-- ORDER OF COURT AND NOW, this 1'1 t'" day of November, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Brian Knepper, Sr. and Charity Knepper, 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 interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. 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 either part of the parent. 2. Physical Custody. Primary physical custody of the minor children shall be with the Plaintiff, Brian Knepper, Sr. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: , A. Effective November 8, 2002, on alternate weekends, from Friday at 4:30 p.m. until Monday when the children are returned to Father or school. . ; NO. 01-7085 CIVil TERM B. Effective November 5, 2002, each week on Monday and Tuesday from 4:30 p.m. until 7:30 p.m. 4. 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 family 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 24m 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. NO. 01-7085 CIVIL TERM 5. Transportation. The parent who is to begin the custodial time with the minor children shall be the responsible party to pick up the children. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 6. Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 7. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guest comply with this provision. 8. 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. 9. The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore Shore School District or the school district in which Father resides beginning with the academic year 2002-2003. 10. ' Summer. During the summer school recess the parties shall have a week-on week-off custodial arrangement. To commence with the first Sunday following the dismissal of school for the academic year, Mother shall have custody for a one week period until the following Sunday. The parents shall continue their alternating custodial schedule throughout the school's summer recess period. 11. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. In the absence of such agreement the terms of this Order shall control. BY Edward E. Guido, J. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM BRIAN KNEPPER, SR., v. CIVIL ACTION - LAW CHARITY KNEPPER, IN CUSTODY Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor Knepper Robert Knepper Brian Knepper, Jr. August 11, 1996 January 14, 1998 April 13, 1999 Father Father Father 2. The parties were are seen for their second Custody Conciliation Conference on November 5, 2002 pursuant to a petition filed by the Defendant Mother on October 1, 2002. Attending the conference were: the Father, Brian Knepper, Sr., and his counsel, Christine Taylor, Esquire; the Mother, Charity Knepper, and her counsel, Patrick O'Connor, Esquire. 3. The parties worked diligently and reached an agreement in the form of an Order as attached. 1/ /11 hL Date ~7~s~~evy, Esquire Custody Conciliator :164928 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. B~P~ Date: 3 - 3{) -0 'I CERTIFICATE OF SERVICE I hereby certuy that I caused a true and correct copy of the within Petition to Moduy Custody to be served upon the following by depositing same in first class United States Mail, postage prepaid, addressed as follows: G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Charity Knepper 1206 North Second Street Harrisburg, PA 17102 By IJ:;ff Bradt . Winnick, Esquire Dated: ~ ~/h'" , "'~' A:) '#- ~ '#. N .:t -.() 'k. ~ o ()I rl ~ n ,..., <OCO> 0 C = .. ~ .x.- -c' ':l..' ".. ..... [1; ~ :I: ." . , "ii, f1l r- , , , C _v ...... -0 m U .' ;p9 ~~~; c~ : l,...) L. :-;~t~~ .." -:r. -q ~-;. -"". ~?r) ",~ (j'" ....., ~? N " ::;! <=> )'-" ~:':J ...... -< BRIAN KNEPPER, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-7085 CIVIL ACTION LAW CHARITY KNEPPER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 07, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa F. Greevy, Esq. at 301 Market Street, Lemoyne, FA 17043 on Tuesd"y, May 04, 2004 , the conciliator, at 10:30 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: Isl Melissa P. Greevy. Esq. Custody Conciliator mhc 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 ~ p.? ~~? -4r7-.5-h "~7<> ~.} ~ "j;w ~ ~ ~ Ac?- Sh ~ ~? ~~? n .4c?-fl/f '[' " '\-"""\J'~ , \j iVV/\!/\.~li ",::;Ci ""n';,'l ,'\'''"C':-;~\n:) 1\.J,.l"'J 1'-'" '.,._, LI :IIH'J 8- ~dV~OaZ "{' '" , 1 3U1.' ~r. 'l"n.,','("'\]( " if k>' ; j "';"-.J ~ r].I' .)1..\,...... ..,.'v....U q, .. ","],',,,..mlH ~h.J ":._:..... .~ _ MAY 07 2004 \{ (j BRIAN KNEPPER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1\10.01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. CHARITY KNEPPER, Defendant GUIDO, J.-- ORDER OF COURT AND NOW, this --II "^ day of May, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custodv. The parties, Brian Knepper, Sr. and Charity Knepper, 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 thleir 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 Clnd consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. 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 either part of the parent. 2. Phvsical Custodv. Primary physical custody of the minor children shall be with the Plaintiff, Brian Knepper, Sr. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: A. Effective May 14, 2004, on alternating weekends from Friday at 4:30 p.m. until Sunday at 7:30 p.m. NO. 01-7085 CIVIL TERM p.m. B. Each week on Monday and Tuesday from 4;30 p.m. until 7:30 3. Holidavs. A. Mother will have physical custody 01 the children on Mother's Day. Father will have physical custody of the childrEln 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 l~.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. Thanksaivina. 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 family 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 24m 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 custod~f from December 24th at noon through December 25th at noon, with Father having custody from December 25th at noon through December 26th at nOCln. E. The holiday schedule, unless otherwisl~ set forth, shall be from 9;00 a.m. until 7:30 p.m. F. The holiday schedule shall take precl~dence over the regular custody schedule. G. Trick or Treat Niaht. Mother shall have custody on Trick or Treat night in odd-numbered years. Father shall have cllstody 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. NO. 01-7085 CIVIL TERM 4. Transportation. Mother may pick up the chil'dren from the daycare center on the Fridays of her custodial weekends. Otherwise, the pCilrties will use a neutral exchange point of the McDonald's at the intersection of Trindle ROiad and St. John's Church Road. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 5. Each parent shall be entitled to reasonable te,lephone contact with the children when in custody of the other parent. 6. During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guest comply with this provision. 7. Both parents shall refrain from making deroglatory 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. 8. The parties agree that the minor children ShCil1l be enrolled in the Lower Allen Elementary School within the West Shore Shore School District or the school district in which Father resides. 9. Summer. During the summer school recess the parties shall have a week-on week-oft custodial arrangement. To commence at 4:30 p.m. on the first Sunday following the dismissal of school for the academic year, Mother 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. Mothers hall be responsible for arranging daycare or babysitting during her summer custodial weeks. Father shall be responsible for arranging daycare or babysitting during his summer custodial weeks. 10. The parties shall attend the seminar for separating families, and shall, within sixty (60) days of the date of this Order file a Certificatl~ of Attendance with the Court indicating their compliance with this paragraph of the Order. NO. 01-7085 CIVIL TERM Edward E. Guido, J. Dist: ~radley A. Winnick, Esquire, 130 W. Church Street, Dillsburg. PA 17019 ~ne M. Alexander. Esquire, 148 S. Baltimore Street, Dillsburg, PA 1J'019 G'fJ(Q) n,CLd- ~ 05.J{J.(j{ 'r/: 1\l\!/\lf.s\IN3d I "1(',","""\ ',', ""I":] 1\..:..i~1/~'.J ",.' <:'::~~{l 80 :9 ~1V 21 J.'iW ~OOZ AWIONOHIOtJd 3Hl :10 301:l:!(}{]311::J BRIAN KNEPPER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. CHARITY KNEPPER, Defendant CUSTODY CONCILIATION SUMMAR:Y 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRI:NTL Y IN THE CUSTODY OF Taylor Knepper Robert Knepper Brian Knepper, Jr. August 11, 1996 January 14,1998 April 13, 1999 Father Father Father 2. The parties' third Custody Conciliation Conference was held on May 4, 2004 with the following individuals in attendance: the Father, Brian Knepper, Sr., and his counsel, Bradley A. Winnick, Esquire; the Mother, Charity IKnepper, and her counsel, Jane M. Alexander, Esquire. The Conference was scheduled following Father's April 1, 2004 Petition to Modify Custody. 3. After the parties had an opportunity to discuss their concerns at length, they reached an agreement in the form of an Order as a~) "fir /0</ Ur~If.!f.:,Ct;;;;;J Custcldy Conciliator :226403 I I !I BRIAN KNEPPER, SR., PLAINTIFF-RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. V. NO. 01-7085 CHARITY KNEPPER now CHARITY HOWELL, DEFENDANT-PETITIONER CIVIL ACTION - LAW IN CUSTODY ii, Ii Ii I' " PETITION TO AMEND CUSTODY ORDER AND NOW, TO WIT, this ~ay of 9~0~.f/, 2006, comes the Defendant, Charity Howell, by and through her attorney, Jane M, Alexander, Esquire, and 'II 'I I, tiles this Petition of which the following is a statement: I: I I' I! II Ii address is 40 Scarsdale Drive, Camp Hill, Pennsylvania 17011, Ii Ii il I' II Ii [ 'I I I I 1. Plaintiff-Respondent is Brian Knepper, Sf., an adult individual who currently is incarcerated in the Cumberland County Prison, Carlisle, Pennsylvania 17013. His home 2. Defendant-Petitioner is Charity Howell, an individual residing at 1206 North Second Street, Apartment I, Harrisburg, Dauphin County, Pennsylvania 17102. 3. Plaintiff and Defendant were married June 13. 1997. Plaintiff flIed for divorce in the Court of Common Pleas of Cameron County, Pennsylvania to Number 99-5376 and a decree in divorce was granted January 13,2000 by Judge Vernon D. Roof. 4. The parties have shared legal custody with Father having primary, physical custody of their children, Taylor Knepper, born August 11, 1996,9 years of age; Robert Knepper, born January 14, 1998, 8 years of age; and Brian Knepper, Jr., born April 13, 1999,7 years of age, I I under an order of court dated May 11, 2004 of Judge Edward E. Guido, A copy of said Order I II marked Exhibit "A" is attached hereto and made a part hereof. II i I, ': I !' 5. Mother is seeking an amendment to the existing order requesting that she have primary, physical custody and joint legal custody with visitation for the Father to be determined upon his release from incarceration. 6. The children wish to reside with Mother and have continually stated this desire II i! prior to and since the date of Father's incarceration, Further, Mother can and has provided a II stable home life and believes that it is in the children's best interests to reside with a parent, Ii , II rather than a grandparent, so as to continue fostering the parent-child relationship, 1 ii !' 7. Taylor Knepper was born prior to the date of marriage. Robert Knepper and Brian I' il Knepper, Jr. were born during the marriage. Ii I' I'i 8. During the past two and a half (2.5) years the children have been residing with the ii II Plaintiff at 40 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 1701 I. " II II 9. The children have resided with Father's mother, the paternal grandmother of the Ii Ii children, Patsy Knepper, at 40 Scarsdale Drive, Camp Hill. Cumberland County. Pennsylvania I' I I I II II !, II II I I I I I' II II II I, i,i 1701 I. since Father's date of incarceration. 10. The relationship of Plaintiff-Respondent to the children is that of natural father. The Father is not married and currently is incarcerated at the Cumberland County Prison. Carlisle. Cumberland County, Pennsylvania 170 13. 11. The relationship of Defendant-Petitioner to the child is that of natural mother. The Mother currently resides at 1206 North Second Street, Apartment 1, Harrisburg, Dauphin County, Pennsylvania 17102 with her husband Brian Howell. The parties were married on June 10,2003. 12. The Defendant-Petitioner has not participated as a party or witness, or in another II :i ii capacity, in other litigation concerning the custody of the children in this or another court. 13. The Defendant-Petitioner has no information of a custody proceeding concerning the children pending in any other court within this Commonwealth. 14. The Defendant-Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with ,i respect to the children. ii !I ii 15. The best interests and permanent welfare of the children will be best served by ii ii :1 granting the relief requested because the Mother can and has provided a stable home life. ji I'i i' Also. the children wish to reside with their mother and have continually stated this desire prior ii, to and since the date of Father's incarceration. Further, Mother believes that it is in the , " II 11 children's best interests to reside with a parent, rather than a grandparent. so as to continue , Ii fostering the parent-child relationship. ,I j, i, ~ II to give her primary physical custody and joint legal custody of the children with visitation for II 'I I, [i II 'I WHEREFORE, Defendant requests your Honorable Court to amend the current order the Father to be determined upon his release from incarceration. ectfully submitted, I I I Ii II I II 't" /1a eM. Alexand r, Esquir / A orney for Plai titT , torney 1.0, #07355 48 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 v , I. i' Ii I, " I' VERIFICATION I verify that the statements made in this Petition are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities, ;/~/ 7' DATE,' , ,Lu-d'jf )er~~ (!ig/kft Woi/JUi Charity H ell / COMMONWEALTH OF PENNSYLVANIA S,S, COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Charity Howell formerly known as Charity Knepper who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, 'I information and belief " !i " " ;! c ~ Ie ' , ".' lar ... l' r !lliLl! Charity H. el ~ / /' , ' /, I' II I' I Ii I, I I , ii , Sworn to and subs~?2ed bef~ this IN day of dMJ1 , 2006, . la-&i '/ tary Public ,__,;'c" ;"//(-I;"!' EXlllBlrr- - A - -- MAY U 7 2004 ~ u. BRIAN KNEPPER, SR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-7085 CIVIL TERM v. CIVIL ACTION - LAW CHARITY KNEPPER, IN CUSTODY Defendant GUIDO, J,-- ORDER OF COURT AND NOW, this Ii ~ day of May, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custodv. The parties, Brian Knepper, Sr. and Charity Knepper, shan 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 interest. Each party agrees not to impair the other parties rights to shared legal custody of the party. 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 either part of the parent. 2. Physical Custody. Primary physical custody of the minor children shall be with the Plaintiff, Brian Knepper, Sr. Defendant, Charity Knepper, shall have periods of partial custody of the minor children pursuant to the following schedule: A. Effective May 14, 2004, on alternating weekends from Friday at 4:30 p,m. until Sunday at 7:30 p.m. NO. 01-7085 CIVIL TERM B. Each week on Monday and Tuesday 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. ThanksqivinQ. 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 family 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 sha!1 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 Niqht. 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. . NO. 01-7085 CIVIL TERM 4, Transportation. Mother may pick up the children from the daycare center on the Fridays of her custodial weekends. Otherwise, the parties will use a neutral exchange point of the McDonald's at the intersection of Trindle Road and St. John's Church Road. Each party agrees to notify the other if a delay exceeding fifteen (15) minutes is expected. 5, Each parent shall be entitled to reasonable telephone contact with the children when in custody of the other parent. 6, During any period of custody of visitation, the parties to this order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guest comply with this provision. 7. 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. 8, The parties agree that the minor children shall be enrolled in the Lower Allen Elementary School within the West Shore Shore School District or the school district in which Father resides. 9. 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, Mother 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. Mothers hall be responsible for arranging daycare or babysitting during her summer custodial weeks. Father shall be responsible for arranging daycare or babysitting during his summer custodial weeks. 10. The parties shall attend the seminar for separating families, and shall, within sixty (60) days of the date of this Order file a Certificate of Attendance with the Court indicating their compliance with this paragraph of the Order. NO. 01-7085 CIVIL TERM 11, This Order is temporary in nature and may be modified upon the mutual agreement of the parties. In the absence of such agreement the terms of this Order shall control. BYTH Edward E. Guido, J. Dis!: Bradley A. Winnick. Esquire. 130 W, Church Street, Dillsburg. PA 17019 Jane M. Alexander, Esquire, 148 S, Baltimore Street, Dillsburg, PA 17019 ') ,..-I (\ --\ - ",\--" ~ 9' '.'. ~; fs:JI# <;v'" 'If '. ~ ~$ ~cP ~ 0 ~~ .~o .......~ ~ ~ r' L BRIAN KNEPPER. SR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, 01-7085 CIVIL ACTION LA W CHARITY KNEPPER NOW, CHARITY HOWELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Wednesday, April 26, 2006 , 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__ MDJ Manlove, 1901 State St., Camp Hill, PA l701l on ~_. Thnrs<!ay, May 25,_2006__ at 1O:3~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 thc court, and to enter into a temporary order. All children age livc 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 hearin\!. FOR THE COURT. By: /s/ Melissa P. Greel1J1, ESE'-----iDl- Custody Concilialor I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For in!llrmation 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 HA VE 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 (71 7) 249-3166 4f??f71;f1<' it- 0 ;? /fTVUl4i6,? Jft/ t /1J'7fW r7"p:,//h i?:Y'~;Y fr",7- /3',,,,,,4; ;'7? ..,1 "II l \..,', ',I." ,. :..: " ,'., 90. ';7("" If "711' '3c.;f J,tJ '775'/1 , 'Ii. ~ 10 II BRIAN KNEPPER, SR., Plaintiff /Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. NO. 01-7085 CHARITY KNEPPER now CHARITY HOWELL, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this q ~ day of WI ~ ' 2006 personally appeared Jane M. Alexander, Esquire who swears accorJ(ng to law, that a true and correct copy of a PETITION TO AMEND CUSTODY ORDER was caused to be served by certified mail with return receipt requested upon the said, Brian Knepper, Sr. Cumberland County Prison Carlisle, P A 17013 on May 5. 2006 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof Sworn and subscribed before me this t1 ~ day of Yv1 cr ' 2006. ~ Notary Public EALTH OF PENNSYLVANIA NotariaJ Seal NarumoI Alexander. Notary Public DIIsbtIg Boro. York CotJ1ly My Commission Expires Apr. 7. 2010 Member. Pennsylvania Association of Notaries ../ ',> " II BRIAN KNEPPER, SR., Plaintiff /Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. NO. 01-7085 CHARITY KNEPPER now CHARITY HOWELL, DefendantlPetitioner CIVIL ACTION - LAW IN CUSTODY ITI 00 c[J r=t ...D U1 ITI ...D ,/ Postage $ ITI CJ CJ " Retum Reclept Fee CJ (Endonlement Required) CJ Restricted Delivery Fee U1 (Endorsement Required) ["- CJ ,/ Certllled Fee - - Total Postage & Fees $ USPS ~~~~~~~.~m~~.~f~.!.:~:....................................... orPO~Box-::; ~b.,,\.IM-d. Covt-n:bt ~fl OS Of\o CitY.s;ate;ZiP+4"C;;;ri~k""'rA'..l10'i'3""""''''''..''.........'' (") c s: '"0 lJ) cpr.!-! 4-.," __. -c:r CJ) _' ~~ -< -- f'.;) = = 0-. ::It: )> -< o -n ~ m~ '"elm :on ::JT ~t() ::.c -t~4 ():J..' ...0 Om --I ~ -< -J \:' :i: N .. Ul Plaintiff 'JUl % "12DDr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-7085 CIVIL TERM 4< - BRIAN KNEPPER, SR., v. CIVIL ACTION - LAW CHARITY KNEPPER, a/k1a CHARITY CHARITY HOWELL IN CUSTODY Defendant GUIDO, J.-- ORDER OF COURT .r ~~ AND NOW, this J day of Jul , 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Pending Hearing, the parties will continue to follow the schedule of the Court's Order of May 11, 2004. 2, A hearing is scheduled in Jl"rt~m Number 5 of the Cumberland County Courthouse, on the ;.~~ day of ~ ,2006, at <;:J.'J() o'clock~.M., at which time testimony will be taken, or the purposes of the hearing, the Mother, Charity Knepper, 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. BY Edward E Guido, J, Dist: Aadley A, Winnick, Esquire, 130 W, Church Street, Dillsburg, PA 17019 ;..fane M, Alexander, Esquire, 148 S, Baltimore Street, Dillsburg, PA 17019 0\9 ~ ~\) o . .(\\' ()'i,\ .U' - , , ., ~.d " " "II -,,\:\).. C \ , Plaintiff JUL 2 7 200vr' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7085 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY , BRIAN KNEPPER, SR., v. CHARITY KNEPPER, a/kla CHARITY HOWELL Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor Knepper Robert Knepper Brian Knepper, Jr. August 11, 1996 January 14,1998 April 13, 1999 Father Father Father 2. Mother filed a Petition to Amend Custody Order on April 19, 2006. The Custody Conciliation Conference was scheduled for May 25, 2006. By concurrence of counsel, a continuance was granted, and the Custody Conciliation Conference was held on July 21, 2006. Attending the Custody Conciliation Conference were: the Father, Brian Knepper, Sr., and his counsel, Bradley A. Winnick, Esquire; the Mother, Charity Howell and her counsel, Jane M. Alexander, Esquire. 3. Mother's Dosition on custodv is as follows: Mother alleges that she should have primary custody because Father was recently incarcerated for less than six (6) months on drug charges. Mother complained that Father did not divulge to her that he was in jail and further alleges that the maternal grandmother wasn't forthcoming in letting her know this when she would ask to speak to Brian when she called their residence. After she learned that he was in jail, she removed the children from the West Shore School District they attended, moved them to her home, and enrolled them in the Ronald H. Brown Charter School. Mother reports that she lives on North Second Street in Harrisburg in a three bedroom home that has a large fenced yard. She is presently employed in the evenings and her new husband, Brian, is home with their toddler during her work hours. In addition to the three children who are subject to this Order, Mother and her new husband have an eighteen month old daughter. Mother objects to the children being given medication for attention deficit disorder. She denies that the children have an problems with their behavior ~ ~ NO. 01-7085 CIVIL TERM when they are in her custody. Mother reports that the teachers have told her that they do not see any improvements in the children when they take medication. She also denies seeing the children as. being distractible when they are with her, and reports that the Father put the children on medications without consulting her. She claims that she offered the maternal grandmother a period of custody for a week or so during the summer so that the children could maintain contact with her. She disputes Father's characterization of this period as one in which she was asking the maternal grandmother to take the children back because they could not handle them, and she was having a marital conflict. Mother has been working at Denny's for nine months and recently was promoted to an assistant manager of the Union Deposit store. As a result, her work shift changed. During the summer she works from 4:00 p.m. until 2:00 a.m. four days per week. When school starts, she plans to work 10:00 p.m. until 5:00 a.m., with varying days off. Mother acknowledges that the children love Father and see him as a role model, but thinks that because of Father's recent drug related arrest that the children should no longer be in his primary custody. She proposes that he have the same schedule of partial custody as she has had for the last several years. 4. Father's position on custodv is as follows: Father will not agree to change primary custody of the children to Mother. Father acknowledges that he did wrong and reports that his criminal charges were from an incident in 2004. He is on parole until 2007 and is therefore subject to random urine tests. His last test was performed when he was still in jail. He was released from jail on July 9, 2006, having participated in drug intervention classes during his incarceration. He is not participating in a 12-step program at this time. He denies drug use. The charge to which Father pled guilty before Judge Hess on February 3, 2006 was one count of unlawful manufacture, delivery or possession with intent to deliver a schedule 2 controlled substance. With regard to the issue of the children's medication, Father reports that Robert has problems with ADHD and needs medication. He apparently had the child evaluated by a psychiatrist at Holy Spirit Hospital to make this determination. Robert is now seen at Shepherdstown Family Practice. In Father's view, the child has benefited from a recent change in his medicate from Adderol to Concerta. Father acknowledges that the children have gotten in trouble with him at times for misbehavior such as throwing tomatoes (3 years ago). This school year, Brian Jr. was kicked off the bus for three days for pushing another child. In Father's view, these are not justifications to change primary custody to Mother. Father is employed at American Coin from 7:00 a.m. until 3:30 p.m. Monday through Friday. Father claims that Mother wasn't exercising her week day periods of custody in January and February of 2006 and used only one weekend during that period of time. Father also reports that he had received a call from his Mother during the time that he was incarcerated in which she indicated that the children's Mother had asked her to take the . "' NO. 01-7085 CIVIL TERM children because Charity and her husband were fighting and she didn't think it was good for them to be there. Father thinks that Mother's apartment is too small to accommodate all of the children. He would also prefer that they continue to attend the West Shore School District rather than the Ronald H. Brown Charter School. There is some question as to whether the Charter School continues to hold a charter. 5. Because the parties have not reached an agreement, it appears that they will need a hearing on Mother's Petition to change primary custody to her. Counsel have agreed that they will need one day for this hearing. ~~/op ,Date ' rn- Melissa Peel Greevy, Esquire Custody Conciliator :279863 ~ BRIAN KNEPPER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-7085 CIVIL TERM CHARITY KNEPPER, n/k/a CHARITY HOWELL, Defendant 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. By Edward E. Guido, J. ~radley A. 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