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HomeMy WebLinkAbout10-3874l COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN J. KLAPP, Plaintiff ) V. ) No. TARA L. KLAPP, ) Defendant ) Petition For Waiver Of Costs 1. I am the Plaintiff in the above matter and because of my financial condition, I am unable to pay the fees and costs of prosecuting or defending this action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (A) NAME: JOHN J. KLAPP ADDRESS: 50 South Bedford Street, Apt 2, Carlisle, Pa 17013 (B) EMPLOYMENT: If you are presently employed, state: :, 7j EMPLOYER: (Not applicable)_' ADDRESS: SALARY OR WAGES PER MONTH: TYPE, OF WORK: -` If you are presently unemployed, state: DATE OF LAST EMPLOYMENT: January, 2008 SALARY OR WAGES PER MONTH: $ 1,505 TYPE OF WORK: Temp worker, Forklift operator (C) OTHER MONTHLY INCOME WITHIN THE LAST TWELVE (12) MONTHS: BUSINESS OR SELF-EMPLOYMENT: $ 0 INTEREST OR DIVIDENDS: $ 0 PENSION OR ANNUITIES: $ 0 Petition for Waiver of Costs Page 2 of 4 1 SOCIAL SECURITY OR S.S.I.: $ 0 SUPPORT: $ 0 UNEMPLOYMENT COMPENSATION: $ 1,260 WORKER'S COMPENSATION: $ 0 WELFARE: $ 534 OTHER (Please specify): $ 0 (D) OTHER MONTHLY CONTRIBUTIONS TO HOUSEHOLD SUPPORT: SPOUSE'S NAME (if living together): (Not applicable) If your spouse is employed, state: EMPLOYER: SALARY OR WAGES PER MONTH: TYPE OF WORK: CONTRIBUTIONS FROM CHILDREN: (None) CONTRIBUTIONS FROM PARENTS: (None) OTHER CONTRIBUTIONS: (None) (E) PROPERTY OWNED: CASH: (None) CHECKING ACCOUNT: $ 0 SAVINGS ACCOUNT: $ 0 CERTIFICATES OF DEPOSIT, STOCKS, BONDS: (None) REAL ESTATE / HOME: (None) MOTOR VEHICLE: Year Make and model Cost Amount still owed 2005 Buick LaSabre $ 23,000 $ 10,200 OTHER: (None) (F) DEBTS AND OBLIGATIONS PER MONTH: MORTGAGE/RENT: $ 550 WATER/SEWER: $ 0 ELECTRIC: $ 130 TELEPHONE: $ 136 OIL/GAS/HEAT: $ 0 CABLE: $ 150 FOOD: $ 675 CLOTHING: $ 75 CHILD SUPPORT: $ 0 CHILD CARE: $ 0 TRANSPORTATION: $ 0 MEDICAL EXPENSES: $ 0 LOAN PAYMENTS: $ 385 CREDIT CARD PAYMENTS: $ 24 INSURANCE: $ 100 MISCELLANEOUS: $ 0 Petition for Waiver of Costs Page 3 of 4 (G) PERSONS DEPENDENT UPON YOU FOR SUPPORT: CHILDREN (STATE NAMES AND AGES): Name Age Devin M. Klapp 16 years Cameron R. Klapp 7 years Katelyn N. Klapp 2 years OTHERS (STATE NAME, AGE AND RELATIONSHIP): Name Age Relationship (None) 3. I understand that I have a continuing obligation to inform the court of any improvement in my financial circumstances which would permit me to pay the cost incurred with this case. 4. I verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: Ll d d/v JO V. KLAPP, aintiff Petition for Waiver of Costs Page 4 of 4 JUL 19 2010 ~i JOHN J. KLAPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2010-3874 CIVIL ACTION -LAW TARA L. KLAPP, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~` b ~ day of , 2010, upon consideration of the attached Custody Concil' tion eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court oom No. .~ , of the Cumberland County C~ House, on the / `~ day of ~( _, 2010, at I: ,~ y o'clock, _ M., at which time testimony 11 be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party (or the party} shall file with the Court and opposing counsel (or party) a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, John J. Klapp and the Mother, Tara L. Klapp, shall have shared legal custody of Devin M. Klapp, born January 2, 1994, Cameron R. Klapp, born October 18, 2002 and Katelyn N. Klapp, born July 23, 2007. 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 23 Pa.C.S. §5309, each pazent 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 the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to shaze 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 children. 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 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, extracurriculaz activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the children. 5. Beginning Friday, July 23, 2010, Mother shall have periods of partial physical custody of the children on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m., except for the weekend of August 6, 2010, Mother shall pick up the children at 10:00 a.m. on Friday. 6. Mother shall be responsible for all transportation unless otherwise agreed. Pick up and drop off shall be at Father's residence. 7. Both parties shall have reasonable telephone contact with the children. The custodial parent shall insure that the children return telephone calls to the non- custodial pazent. 8. Father shall be responsible for scheduling counseling for the children. 9. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: John J. Klapp, pro se 50 South Bedford Street Apt 2 /Cazlisle, PA 17013 /'~aza L. Klapp, pro se 7103 East Washington Street Ext. Lot #35 Bath, NY 14810 l.~ ~ as rn sac t JY~a c ~v =~ J ~.> `~ -; . ~ `:~ ~~. ~ C _ 1, --ri ~ _ r'q'? ,c, r~ ~° ... -C4 _ ,.t _~ ~=°` =~ c.,.; JOHN J. KLAPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.2010-3874 CIVIL ACTION -LAW TARA L. ICI,APP, , Defendant : IN CUSTODY PRIOR JUDGE: None 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 Devin M. Klapp January 2, 1994 Father Cameron R. Klapp October 18, 2002 Father Katelyn N. Klapp July 23, 2007 Father 2. A Conciliation Conference was held July 19, 2010 with the following individuals in attendance: The Father, John J. Klapp, pro se and the Mother, Taza L. Klapp, pro se. 3. Father's position on custody is as follows: Father seeks shazed legal and primary physical custody with Mother having alternating weekends and time in the summer. Father asserts that Mother abandoned the family and now lives in New York state. He maintains that Carlisle has been the family home for 2 years. He also maintains that the oldest child does not want to have contact with Mother. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the children with Father having alternating weekends and time in the summer. She maintains that there is a PFA against Father, and that Father has refused telephone contact with the children. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting shared legal custody, Father primary physical custody and Mother alternating weekends. It is expected that the Hearing will require one day. Date ac eline M. Verney, Esquire Custody Conciliator f JOHN J. KLAPP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2010-3874 CIVIL ACTION LAW TARA L. KLAPP IN CUSTODY DF.,FFNDANT ORDER OF COURT AND NOW, Friday, July 30, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 02, 2010 ____ at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ jacc~ueline M. Verney, 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 ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI[?~E S1;'~? -_ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~=~~ :" Cumberland County Bar Association _ ;_ a ~ - _-~ • a • ~ d ~• C-~ ~ ~'~` ~2~ 32 South Bedford Street , ' e ,,,~,~ Carlisle, Pennsylvania 17013 _~ yj ^~'4'~'_ ~ ~ ~ ~~` `~ ~~ Telephone (717) 249-3166 - '1~~~4-'~-. : o . tac~ed ~ +n VP,+rn s ~Ge g-a-~b ~ ~~- ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JOHN J. KLAPP, ) Plaintiff ~' c` ~, ~:~ ~- ._~ v. ) No. 2010-3874 -_ ~ ,* u r Q, TARA L. KLAPP, ) -_- ~„ - Defendant ) ~ ~ - , _ ,~ l U Petition for Contempt and Modification ~F~' 1. Petitioner is Plaintiff, JOHN J. KLAPP, who currently resides at 50 S. Bedford Street, Apt 2, Cazlisle, Cumberland County, PA 17013. 2. Respondent is Defendant, TARA L. KLAPP, who currently resides at 7531 County Route 13, Lot#177, Bath, Steuben County, NY 14810. 3. Petitioner and Respondent aze the natural pazents of the following children: Name Age DEVIN M. KLAPP 16 yeazs CAMERON R. KLAPP 7 yeazs KATELYN N. KLAPP 3 yeazs 4. A custody order was entered on July 20, 2010, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Taza did not pick the children up for their second visitation on Friday, August 6, 2010. Taza did not have Hershey Pazk Tickets as she had stated in court, for August 6, 2010. Taza stated that she has to work the weekend of August 20-22, 2010, and will miss that visitation with the children as well. Taza has not made any effort to come see the children, although I have made modification for her to visit even if it is for one day. Petition for Contempt and Modification Page 3 of 6 6. Petitioner seeks to modify the custody order because: Tara told me the morning of Thursday, August 5, 2010, that she had not received Hershey Park tickets for the visitation weekend for August 6-8, 2010. Tara told me late Thursday night, August 5, 2010, that she was no longer able to come down to pick up the kids due to the car that she was borrowing was not fixed. Tara during our late night talk, August 5, 2010, which lasted approximately three and a half hours, made a plea to come back home to work on the marriage and to be with our children. Tara told me she was committed to coming home and working on our marriage and being there for the children. But on August 9, 2010, changed her mind and stated she was staying in NY and did not plan on coming home due to our marriage issues, and further stated that she had issues and needed to continue seeing her councilor with her issues. 7. Petitioner believes the custody order should be changed as follows: Supervised with no overnights. Second Saturday of each month from lpm until Spm, to remain in the State of Pennsylvania, in the County of Cumberland. Mental health evaluation and continued therapy with certified therapist prior to any visitation. . WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court and modify the Order as requested. Date: ~ I d ao 1 a JOHN APP, Pla' iff Petition for Contempt and Modification Page 4 of 6 Verification I, JOHN J. KLAPP, Plaintiff, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn falsification to authorities. Date:~~ ~ a / U JO J. KLAPP, aintiff Petition for Contempt and Modification Page 5 of 6 JOHN J. KLAPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.20l0-3874 CIVIL ACTION -LAW TARA L. KLAPP, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~~-day of , 2414, upon consideration of the attached Custody Conciliation epart, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Room No. ~, of the Cumberland County Court House, on the ,~[ day of 2014, at/ • 3l~ o'clock, ~. M., at which time testimony will taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party (or the party) shall file with the Court and opposing. counsel (or party) a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, John J. Klapp and the Mother, Tara L. Klapp, shall have shared Legal custody of Devin M. Klapp, born January 2, 1994, Cameron R. Klapp, born October 18, 2002 and Katelyn N. Klapp, born July 23, 2007. 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other pazenf. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, orcopies-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 fiill participation in all educational and medicaUtreatment planning meetings and evaluations with regard to the minor children.. Each pazent shall be entitled to fiill 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 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, extracurriculaz activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Father shall have primary physical custody of the children. 5. Beginning Friday, July 23, 2010, Mother shall have periods of partial physical custody of the children on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 pan., except for the weekend of August 6, 2010, Mother shall pick up the children at 10:00 a.m. on Friday. 6. Mother shall be responsible for all transportation unless. otherwise .agreed. Pick up and drop off shall be at Father's residence. 7. Both parties shall have reasonable telephone contact with the children. The custodial pazent sha11 insure that the children return telephone ca11s to the non- custodial parent. 8. Father shall be responsible for scheduling counseling for the children. 9. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~ Q~ , cc: John J. Klapp, pro se 50 South Bedford Street Apt 2 Carlisle, PA 17013 Tara L. Klapp, pro se 7103 East Washington Street Ext. Lot #35 Bath, NY 14810 Tl~UE CQRY'.Fi~O_NI~ RECORD . ~ ~~~~~i~ IMnd .~~. ~~ ~a ~. R JOHN J. KLAPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ZO10-3874 CIVIL ACTION -LAW TARA L. KLAPP, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Devin M. Klapp January 2, 1994 Father Cameron R. Klapp October 18, 2402 Father Katelyn N. Klapp July 23, 21107 Father 2. A Conciliation Conference was held July 19, 2010 with the following individuals in attendance: The Father, John J. Klapp, pro se and the Mother, Tara L. Klapp, pro se. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having alternating weekends and time in the summer. Father asserts that Mother abandoned the family and now lives in New York state. He maintains that Carlisle has been the family home for 2 years. He also maintains that the oldest child does not want to have contact with Mother. 4. Mother's position oa custody is as follows: Mother seeks shared legal and primary physical custody of the children with Father having alternating weekends-and time in the summer. She maintains that there is a PFA against Father, and that Father has refused telephone contact with the children. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting shared legal custody, Father primary physical custody and Mother alternating weekends. It is expected that the Hearing will require one day. ~~'!~-lC~ /~ Date ac eline M. Verney, Esquire Custody Conciliator JOHN J. KLAPP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 2010-3874 CIVIL ACTION LAW TARA L. KLAPP DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, August 16, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 02, 2010 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. A11 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 r=~. `';~ ~$'• ~ ~ ' ~ O ~.~'~'• ~~ ~~ t~ 32 South Bedford Street ~ O Carlisle, Pennsylvania 17013 ~ ~- ~-o `~~ • ~ Telephone (717) 249-3166 ~ ~.. Fs (~ ,~~ . ! ~a~~ ;n ~# ~w `~ .. ~ ~. to ~ ~ ~ ~~ W 0 ~9 _, . -,-, -..:_ ~/ SEP 0 3 2010 JOHN J. KLAPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~, : N0.2010-3874 CIVIL ACTION -LAW TARA L. KLAPP, . Defendant : IN CUSTODY ORDER OF COURT ~~~ .:,~ AND N~J~JV~ this _~~ day of , 2010, upon consideration ofthe attached Custody Concili ion Report, it is ordered and directed as follows: 1. Except for the following modifications, the prior Order of Court dated July 20, 2010 shall remain in full force and effect with the hearing scheduled for September 14, 2010 at 1:30 p.m. in Courtroom #5 to take place. 2. Mother shall have supervised visitation with the children on the second Saturday of every month, from 1:00 p.m. to 5:00 p.m., with Father acting as the supervisor. 3. Prior to any visitation, Mother shall have a mental health evaluation and follow any recommendations of the evaluation, including therapy with a certified therapist. 4. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: John J. Klapp, pro se 50 South Bedford Street Apt 2 /Carlisle, PA 17013 . Tara L. Klapp, pro se C/O Robert Perry P.O. Box 175 Bath, NY 14810 ~~ q~ /ro ~~ m,at ~~ Albert H. Masland, J. ~... w z; cn r~ "' 'rs m ~ ~' ~~ ,z~ -p t ~- ~ u~ i ~. JOHN J. KLAPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V, : N0.2010-3874 CIVIL ACTION -LAW TARA L. KLAPP, Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 aze the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devin M. Klapp January 2, 1994 Father Cameron R. Klapp October 18, 2002 Father Katelyn N. Klapp July 23, 2007 Father 2. A Conciliation Conference was held on September 2, 2010 with the following individuals in attendance: The Father, John J. Klapp, pro se. Mother, although notified of the conference, did not appeaz. 3. The Honorable Albert H. Masland previously entered an Order of Court dated July 20, 2010, scheduling a hearing and granting shazed legal custody, Father having primary physical custody and Mother having periods of partial physical custody on alternating weekends. 4. Father filed for a modification of the prior Order because Mother only exercised time with the children when she moved back into the marital home for approximately 2 days. Father has concerns regazding her current living arrangement and mental health. 5. Father requested a modification of the Court Order in the form as attached. Q-a -,o Date ~^ Y acqu ine M. VerneyU,"E`squire ~ Custody Conciliator JOHN J. KLAPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TARA L. KLAPP, Defendant 2010-3874 CIVIL TERM IN RE: COMPLAINT DISMISSED ORDER OF COURT AND NOW, this 14th day of September, 2010, the parties having appeared in open court without counsel at the time scheduled for a hearing on the custody complaint filed by John Klapp, and both parties having represented that they have reconciled and wish to terminate this action, the Court directs that this complaint be dismissed. By the Court, Albert H. asland, J. John J. Klapp, Plaintiff pro se 50 South Bedford Street, Apt 2 Carlisle, PA 17013 -- Tara L. Klapp, Defendant pro se 50 South Bedford Street, Apt 2 Carlisle, PA 17013 pcb 6 FMS - ` C D .+ r r. JOHN J. KLAPP, : IN THE COURT OF COMMON PLEAS OF c� Plaintiff : CUMBERLAND COUNTY, PENNSYLV Ntg V. : NO. 2010-3874 CIVIL ACTION - LAr TARA L. KLAPP � ' ' ' Defendant : IN CUSTODY m n ,. ORDER OF COURT AND NOW,this day of �t , 2013, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Zoom No. i , of the Cumberland County Court House, on the 164- day of , 2013, at I • 06 o'clock, 1 . M., at which time testimony will b takers. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party (or the party) shall file with the Court and opposing counsel (or party) a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated December 7, 2012 shall remain in full force and effect with the following addition. 3. Mother shall have telephone contact with the children every Wednesday and Thursday at 6:00 p.m. Mother shall initiate the call. 4. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: John J. Klapp, pro se 73 E. Pomfret Street Apt 2 Carlisle, PA 17013 Tara L. Klapp,pro se 63 Geneva Street Apt 201 Bath,NY 14810 JOHN J. KLAPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-3874 CIVIL ACTION - LAW TARA L. KLAPP, Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 Cameron R. Klapp October 18,'2002 Father Katelyn N. Klapp July 23, 2007 Father 2. A Conciliation Conference was held May 7, 2013 with the following individuals in attendance: The Father, John J. Klapp, pro se and the Mother, Tara L. Klapp, pro se, via the telephone. 3. The Honorable Albert H. Masland previously entered an Order of Court dated December 7, 2012 providing for shared legal custody and shared physical custody on a week on/week off schedule, unless Mother was homeless in which case Mother had supervised visitation. Father filed a Petition for Contempt and Modification. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having supervised visitation one Saturday per month from 1:00 p.m. to 5:00 p.m. Father asserts that Mother relocated to New York without his agreement. He further asserts that the children do not wish to see or speak to their Mother. The family is receiving family based services. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the children during the school year with Father having primary physical custody in the summer. Mother asserts that Father is preventing her contact with the children. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo with the addition of telephone contact for Mother. It is expected that the Hearing will require one day. Date MacqAline M. Verney, Esquire Custody Conciliator d ' � I mow. I� !