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HomeMy WebLinkAbout02-0328 NMNATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT CUM $ E R L A~ D C u ii d 1 NATASHA N. BENDER, : IN THE COURT OF COMMON LEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW GANNON T. KUPKO, : N0.2002-0328 CIVIL TERM Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the defendant, Gannon T. Kupko, by his attorney, Nathan C. Wolf, Esquire, and presents the following petition for modification of custody, representing as follows: 1. Tl1e plaintiff/respondent is Natasha N. Bender, (hereinafter "Mother") an adult individual currently residing at 105 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant/petitioner is Gannon T. Kupko, (hereinafter "Father") an adult individual currently residing at 90 Redstone Drive, York Haven, York County, Pennsylvania 17370 3. The parties are the natural parents of one minor child, namely: Name Primary Residence ~e Austin Trent Kupko Shared physical custody 12 years old Between above addresses DOB 3/4/2000 4. The child is presently the subject of an Order for Custody issued October 13, 2003 incorporating the terms of its March 26, 2003 Order entered pursuant to a stipulation of the parties, providing for shared legal and physical custody of the child, a vacation schedule and directing holidays to be shared by agreement. (A true and correct copy of the Orders are attached hereto as Exhibits A and B respectively) 5. Since the entry of the Order, circumstances have changed requiring some minor adjustments to the schedule. ~~~~83 0~ ,,~a~ C~-~ 3 ~l 6. Father now seeks an Order adjusting the custody schedule and providing for shared transportation responsibilities. 7. Other than directing holidays to be shared by agreement, the current Order does not provide any specific schedule for shared holidays, which Father believes would be helpful to ensure the parties do not have unmet expectations. 8. The vacation schedule is likewise limited to one week per year with sixty days notice to the other party, an expansion of which would be appropriate. 9. The child was in a daycare facility when the prior Orders were entered and the parties exchanged through the daycare. 10. Now the child attends school in Mother's school district and Father has borne the majority of the responsibility for transportation over the last several years, and Father requests that the Order be modified to provide for shared transportation responsibilities. 11. Father believes that the best interests of the child continues to served by an Order for shared physical and legal custody, but believes that modifications to the current Order would enhance the child's environment and streamline the parties' interactions. 12. The prior judge assigned to this matter was the Honorable Edward E. Guido. WHEREFORE, Defendant, Gannon T. Kupko, prays this Honorable Court enter an Order granting the relief requested herein namely modifying its Orders of March 26, 2003 and October 13, 2003, along with any other relief the Court may deem appropriate and just. WOLF Dated: November ~, 2012 B Y• submitted, N~Qia~C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ I ~.--- Z~ i ~.._ Gannon T. Kupko OCT 0 9 2003 NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.02-328 CIVIL TERM v. CIVIL ACTION -- LAW GANNON T. KUPKO, : IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this ~3~day of October, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of March 26, 2003 shall remain in full force and effect pending further Order of Court or an agreement of the parties. 2. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Riegler, Shienvold & Associates. The cost of the r evaluation shalt be shared equally. Upon request by the evaluator, the parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shalt extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 3. The Custody Conciliation Conference may reconvene upon a faxed letter request by counsel for either party if the request is made within ten (10) days of the receipt of the custody evaluation report. 4. A hearin is scheduled in Courtroom Numb 5 of the Cumberland County Courthouse, on the ~ day of F r~0~ at ~ o'clock ~.M., at which time testimony will be taken. Fort a purposes of the hearing, the Mother, Natasha N. Bender, 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 shat! be filed at least ten days prior to the hearing date. N0.02-328 CIVIL TERM 5. It shall be permissible for the parties to communicate with each other regarding the custody and well-being of the minor child via a-mail. BY THE C RT: Edward E. Guido, J. Dist: any A. Phiipott, Esquire, PO Box 196, Duncannon, PA 17020 uldathan C. Wolf, Esquire, 64 5. Pitt Street, Carlisle, PA 17093 ~~ ~~ '`l~,S IO,~y•lSS _ .-~ .} h., ~'^ MAR 2 ~ 2003 NATASHA N. BENDER, IN THE COURT ~~ ~~~~F=` CUMBERLAND C,~l ; '1'Y,`~~Y'~'V`AN,~b~; Plaintiff -% •' ,~~ NO. a2-~2$ clvlVlAR~tlvi 2003 ' ' v. ~ ~. . . _.. CIVIL ACTION-=LAW _ . - GANNON T. KUPKO, _~... . IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~ day of March, 20~ upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Natasha N. Bender and Gannon Kupko, shall have shared legal custody of the minor Child, Austin T. Kupko, born March 4, 2000. Each parent shad have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, ail decisions regarding the Child's health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent vne 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 fu{I 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, Child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. The parties shall have shared physical cust©dy which shall operate according to the following schedule: A. Week 1 -Father shall have custody from 2:30 p.m. Monday through Noon Wednesday and 2:30 Friday through noon the following Monday. Mother shall have custody from Noon Wednesday through 2:30 on Friday. Week 1 shall commence March 24, 2003. 1~~ ~ ,--~ ~~ NO. 02-328 CIVIL TERM B. Week 2 -- Mother shall have custody from Noon Monday through 2:30 p.m. Wednesday and from Noon Friday through 2:30 p.m. the following Monday. Father shall have custody from 2:30 Wednesday through Noon Friday. Week 2 shall commence March 31, 2003. 3. !n the event that the daycare provider is closed on a day that a custodial change would occur due to holidays or weather, the exchange shall take place at the West Shore Booking Center at 3:00 p.m. via the use of a third party, unless otherwise agreed. 4. Holidays. The parties will share holidays as they may agree utilizing the assistance of third parties for custodial exchanges as needed. 5. Vacation. Upon 60 days notice to the other parent, each party is entitled to one week of vacation each year which shall run from Friday to Friday. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. This Order is temporary in nature and may be modified upan the mutual agreement of the parties. However, in the event that the parties are not in agreement, the terms of this Order shall contra) pending further Order of Court. BY TH~COURT: J. Dist: Jerry A. Philpott, Esquire, PO Box 116, Duncannon, PA 17020 Nathan C. Wolf, Esquire, 35 E. High Street, Carlisle, PA 17013 TRUE C4P1f ~RC~~1A ~REt,^,t~t~8 lA Taastknort`y whereof, I here unto ~ my ~xlad grid the sl.~l of said Uwrt at C~rIiS1e, Pe. Pmthsinalterv NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT NATASHA N. BENDER, Plaintiff v. GANNON T. KUPKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.2002-0328 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that I have served a copy of the foregoing Petition for Modification upon the following, by first-class mail, addressed as follows: Jerry A. Philpott, Esquire P.O. Box 116 Duncannon, PA 17020 (Counsel for Plaintiff) WOLF Dated: November ~, 2012 at Law Natha4fC. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant NATASHA N. BENDER PLAINTIFF V. GANNON T. KUPKO DF..,FENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ``~ -ter ;,~, --1 • 2002-328 CIVIL ACTION LAW u;~-- r,,~ .:..~, IN CUSTODY .~°~_., -,-, a° = _ • _..~% c_~: r.. a , a_. ORDER OF COURT AND NOW, Wednesday, November 21, 2012 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at, 4th Floor ,Cumberland County Courthouse, Carlisle on Thursday, December 06, 2012 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/ HubextX. Gilroy, Esg~~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ~ ~ N d ~~ ~s Telephone (717) 249-3166 ft ~s ~~~2~~/2 ~- NATHAN C.WOLF,ESQUIRE 7' h r 0` r, f t ATTORNEY ID NO.87380 i ! H E P R U { rH 0�� l t i ii 6. Father now seeks an Order adjusting the custody schedule and providing for shared transportation responsibilities. 7. Other than directing holidays to be shared by agreement, the current Order does not provide any specific schedule for shared holidays,which Father believes would be helpful to ensure the parties do not have unmet expectations. 8. The vacation schedule is likewise limited to one week per year with sixty days notice to the other party, an expansion of which would be appropriate. 9. The child was in a daycare facility when the prior Orders were entered and the parties exchanged through the daycare. 10. Now the child attends school in Mother's school district and Father has borne the majority of the responsibility for transportation over the last several years,and Father requests that the Order be modified to provide for shared transportation responsibilities. 11. Father believes that the best interests of the child continues to served by an Order for shared physical and legal custody,but believes that modifications to the current Order would enhance the child's environment and streamline the parties'interactions. 12. The prior judge assigned to this matter was the Honorable Edward E. Guido. WHEREFORE,Defendant, Gannon T. Kupko,prays this Honorable Court enter an Order granting the relief requested herein namely modifying its Orders of March 26,2003 and October 13, 2003, along with any other relief the Court may deem appropriate and just. COUNT II - MOTION FOR FINDING OF CONTEMPT 13. The foregoing paragraphs are hereby incorporated by reference. 14. Defendant filed his petition to modify custody on or about November 15, 2012 and a custody conciliation was held on or about December 20,2012 with Hubert X. Gilroy,Esquire, Custody Conciliator. 15. As a result of the conciliation, the Children's Advocacy Clinic was appointed as guardian ad litem for the child by Order dated January 11,2013. (A true and correct copy is attached hereto as Exhibit C) 16. The remaining provisions of the Court's prior Orders related to the custody schedule were unchanged by this Order. 17. On or about March 11,2013, the child became angry with Father after the child refused to give Father his cell phone and the child walked out of Father's house and summoned Mother to pick him up from Father's neighborhood. 18. Father acquiesced to the child going with Mother on March 11, 2013 to allow he and the child to "cool of£" 19. Thereafter,Father attempted to contact the child and Mother and indicated he would be coming to Mother's home on March 12,2013 to pick up the child,in accordance with his normal custody schedule. 20. When Father arrived,Mother and Father spoke outside and Mother indicated that the child was refusing to go. 21. At some point,Mother's husband came out of Mother's home and began screaming at Father, Father's wife and Father's stepson. 22. The child who is the subject of this action remained inside the house but could be seen through the front window. 23. Shortly after Mother's husband began screaming,Father,his wife and his stepson left Mother's residence and called the police. 24. On the 911 recording,Mother's husband can be heard screaming obscenities before Father left the scene. 25. Since that time,despite efforts made directly from Father to Mother and through counsel, the child has refused to return to Father's custody. 26. Father was scheduled to have custody of the child the night of Tuesday March 12 and from Friday March 15 until Monday March 18 and then again on the night of March 20,2013,but the child has texted Father indicating he was not going to go with Father. 27. Father is unaware of any action Mother has taken to ensure that she has complied with the Order other than purportedly attempting to convince the child to go with Father. 28. Nonetheless,the parties are charged with ensuring compliance with the Court's Orders and taking all actions necessary to see that the provisions of the Order are followed. 29. Father submits that Mother's actions have not been sufficient to comply with the Order and as a result, he has been unable to exercise his periods of custody. 30. Father further suggests that Mother's actions have effectively condoned the whims and wishes of the child and allowed a thirteen year old to control the situation. 31. Father has incurred counsel fees in attempting to exercise custody of the child and in the drafting of the instant amended petition. 32. The parties are scheduled to appear for a conciliation conference in this matter on March 22,2013 at 8:30 a.m. and the instant motion,including the claim for contempt has been prepared to properly create a record and permit the Court to take action on the alleged claim that Mother is in contempt of the Court's Orders. 33. Father seeks relief in the form of an appropriate sanction to ensure future compliance with the Court's Orders, an award of make-up time and reimbursement for counsel fees and costs, which figure will be certified to the Court at the appropriate time. WHEREFORE, Defendant, Gannon T. Kupko,prays this Honorable Court enter an Order granting the relief requested,namely sanctioning Mother for her violations of the Order to ensure future compliance,awarding make-up time with Father and reimbursement of counsel fees and costs, along with such other relief as may be deemed appropriate and just. Respectfully sub ed, WOLF &WO Dated: March 21,2013 By: athan old Esquire 10 Wesf4ligh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant VERIFICATION I, counsel for the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my 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. Marcb'-z/—,2013 Na .Wolf, Esquire r OCT 0 9 tom NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff' NO. 02-328 CIVIL TERM V. CIVIL ACTION--LAW GANNON T. KUPKO, IN CUSTODY Defendant GUIDO, J. --- ORDER OF COURT AND NOW, this / da of October, 2003, upon consideration of the attached _� Y po tta ed Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of March 28, 2003 shall remain in full force and effect pending further Order of Court or an agreement of the parties. 2. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Riegler, Shienvold & Associates. The cost of the evaluation shall be shared equally. Upon request by the evaluator, the parses shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. 3. The Custody Conciliation Conference may reconvene upon a faxed letter request by counsel for either party if the request is made within ten (10) days of the receipt of the custody evaluation report. 4. A hearing s scheduled in Courtroom Num 5 of the Cumberland County Courthouse, on the y_ day of , g� 4 at o'clock &.M., at which time testimony will be taken. For�the�pu�rposes of the hearing, the Mother, Natasha N. Bender, 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. r-->ce)a r NO. 02-328 CIVIL TERM 5. It shall be permissible for the parties to communicate with each other regarding the custody and well-being of the minor child via e-mail. BY THE C RT: Edward E. Guido. J. Dist: any A.Philpott,Esquire,PO Box 916,Duncannon,PA 17020 dathan C.wolf,Esquire,64 S. Pitt Street,Carlisle,PA 17013 _I S logy-tom r MAR 2 2003 NATASHA N. BENDER, IN THE COURTY1PATfb CUMBERLAND C Plaintiff NO. 02-328 CIVIUAF(EvI tow V. i. . CIVIL AC__bNh ­LAW. GANNON T. KUPKO, _ .- . ... IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of March, 20010 upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Natasha N. Bender and Gannon Kupko, shall have shared legal custody of the minor Child, Austin T. Kupko, born March 4, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding the Child's health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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, Child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. The parties shall have shard physical custody which shall operate according to the following schedule: A. Week 1 - Father shall have custody from 2:30 p.m. Monday through Noon Wednesday and 2:30 Friday through noon the following Monday. Mother shall have custody from Noon Wednesday through 2:30 on Friday. Week 1 shall commence March 24, 2003. vs*leg NO. 02-328 CIVIL TERM B. Week 2-- Mother shall have custody from Noon Monday through 2:30 p.m. Wednesday and from Noon Friday through 2:30 p.m. the following Monday. Father shall have custody from 2:30 Wednesday through Noon Friday. Week 2 shall commence March 31, 2003. 3. In the event that the daycare provider is closed on a day thst a custodial change would occur due to holidays or weather, the exchange shall take place at the West Shore Booking Center at 3:00 p.m. via the use of a third party, unless otherwise agreed. 4. Holidays. The parties will share holidays as they may agre6 utilizing the assistance of third parties for custodial exchanges as needed. 5. Vacation. Upon 60 days notice to the other parent, each party is entitled to one week of vacation each year which shall run from Friday to Friday. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. This Order is temporary in nature and may be modified upon the mutual agreement of the parties. However, in the event that the parties are not in agreement, the terms of this Order shall control pending further Order of Court. BY TH COURT: J. Dist: Jerry A.Philpott,Esquire,Po Box 918,Duncannon,PA 17020 Nathan C.Wolf,Esquire,35 E.High Street,Carlisle,PA 17013 TRUE COPY FROM RECORD IA Tsdit R wheW, I here V*M ON land aitid 00 V d said �t at Crittliae, Pa. T -2Z ,dqt %rho ��1t r NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS OF � Plaintiff CUMBERLAND COUNTY, PENNS ViIA v 2002-328 CIVIL ACTION- LAW m r- GANNON T. KUPKO, '" Defendant IN CUSTODY ° Z ) C.')}r PRfOR JUDGE: Edward E. Guido ' Z CORRECTED COURT ORDER AND NOW, this day of January, 2013, this Order is issued to correct the minor child's name in paragraph I of the Order dated December 3, 2012. Paragraph 1 will now read as follows: 1. The Children's Advocacy Clinic of Penn State University Dickinson School of Law is appointed as Guardian ad litem for the minor child Austin Trent Kupko,born March 4,2000.As Guardian ad l item,the Children's Advocacy Clinic will represent the minor child's best interest.This Order authorizes the Guardian ad litem to have access to the child's educational records,medical records,mental health/counseling records and any possible records from a County/Child Welfare Agency,ifthe agency has been involved with the child.The Children's Advocacy Clinic shall serve in this capacity at no charge to the parties or to Cumberland County.The parties and their attorneys shall cooperate with the Children's Advocacy Clinic in connection with any requests for information, requests for meeting/interviews with the parties and the minor child or any home visits. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, K. Edward E. Guido,Judge cc: Jerry A. Philpott,Esquire Nathan C. Wolf, Esquire TRUE COPY FROM RECORD in Testimony whereof,I here unto set my hand Lucy Johnston Walsh, Esquire and the seal of said Cou at Carlisle, Pa. This_& _day of�,20 / Prothonotary NATHAN C.WOLF,ESQUIRE ATTORNEY ID NO.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717)2414436 ATTORNEY FOR DEFENDANT NATASHA N. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION-LAW GANNON T. KUPKO, : NO. 2002-0328 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I,Nathan C. Wolf,Esquire, attorney for Defendant, do hereby certify that I have served a copy of the foregoing Amended Petition for Modification upon the following via fax , addressed as follows: Jerry A. Philpott,Esquire P.O. Box 116 Duncannon,PA 17020 (Counsel for Plaintiff� Timothy Smith,Esquire Staff Attorney Children's Advocacy Clinic 371 West South Street Carlisle, PA 17013 (Guardian Ad Litem) Respectfully submitted, WOLF &W ,Attorneys at Law Dated: March 21,2013 By Na . Wolf,Esquire 10 est High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717)241-4436 Attorney for Defendant NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2002-328 CIVIL ACTION-LAW GANNON T. KUPKO, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido COURT ORDER AND NOW,this day of ,2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearinP i$scheduled in Court Room No. 3 of the Cumberland County Courthouse on the 3 d day of ,2013 at ft#*.m.At this hearing,the mother shall be the moving shall proceed initially with testimony.Counsel for the parties g P�3' P shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case,the issues currently before the Court,a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court and subject to the modifications as set forth below, this Court's prior Order of October 13,2003, shall remain in effect. 3. For purposes of exchange of custody,the parties shall agree upon a point for exchange of custody that shall be generally equally distanced between the parties homes. If the parties are unable to reach an agreement on a point of exchange of custody, legal counsel for the parties are directed to contact the Custody Conciliator and the Conciliator may recommend to this Court a supplemental Order, as appropriate, to address that issue. 4. The mother and father shall attend counseling with a family counselor who shall work with the mother and father and the minor child in connection with an improvement on communication between the parties and also an effort to try to resolve issues between the parties. Cost of that counseling not paid for by any applicable insurance shall be split equally between the parties. 5. In the event either party desires to have a custody evaluation performed, the other parent shall cooperate in said evaluation and legal counsel may contact the Custody Conciliator to aid in the appointment of an evaluator through the recommendation of a supplemental Order to this Court. 6. In the event the parties believe another Custody Conciliation Conference prior to the hearing scheduled above may aid in getting this case resolved, legal counsel for the parties may contact the Custody Conciliator directly to schedule such a Conciliation Conference. 7. The Guardian Ad Litem appointed in this case shall continue to be involved with the minor child and shall be involved in the hearing scheduled above and also be involved in any other pertinent matters relating to the minor child. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, Edward E. Guido, Judge cc: I,/Jerry A. Philpott, Esquire V Nathan C. Wolf, Esquire Tiffany Lobello, Certified Legal Intern Via' NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2002-328 CIVIL ACTION - LAW GANNON T. KUPKO, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Austin Trent Kupko,born March 4, 2000. 2. A Conciliation Conference was held on March 22,2013,with the following individuals in attendance: The mother,Natasha N.Bender,with her counsel,Jerry A.Philpott,Esquire,the father, Gannon T. Kupko, with his counsel, Nathan C. Wolf, Esquire, and the GAL for the child,Tiffany Lobello, Certified Legal Intern,of the Dickinson-Penn State Childrens, Advocacy Clinic. 3. This is an extremely difficult case. We had a Conciliation back in December 2012,at which time we appointed the GAL. The parties have had a 2/2/3 arrangement on custody for the past ten years. The mother is seeking primary custody at this time.The parties have issues with respect to travel for exchange of custody , with respect to arguments at times of exchange and a variety of other disagreements. The Conciliator encouraged the parties to attempt to reach an amicable settlement since they worked things out together over the past ten years, but a hearing needs to be scheduled in the meantime. 4. The Conciliator recommends an Order in the form as attached. Date: March,/V- ' 2013 Hubert k roy, Esquire Custod onciliator L) NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2002-328 CIVIL ACTION-LAW GANNON T. KUPKO, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than one day. Date: March C 32013 )X ' Hubert X. Gilro , Esquire Custody Con ' iator NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW CUSTODY GANNON T. KUPKO, Defendant NO: 2002-328 jg_ C t-1 �°-, " MOTION TO SUBMIT To the Honorable Judge Guido: This matter has been through two conciliations and was on your calendar for June 3, 2013. The parties have reached an agreement which may be a permanent agreement, but would like a trial period to put the agreement"to the test". We are asking that you enter an order and schedule a hearing approximately four(4) months from now to enable the parties to resume litigation if need be, but in the expectation and hope that perhaps further litigation will be unnecessary. Attorney Wolf concurs in this motion. espect lly mi d Je . Philp tt, Esquire preme Co ID No. 4 24 227 N. High St., ox 116 D Dated: May 29, 2013 uncannon, PA 17020 Enclosure: Proposed Order and agreement of parties cc: Jerry A. Philpott, Esq. Nathan C. Wolf, Esq. Tiffany Lobello, GAL NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW CUSTODY GANNON T. KUPKO, Defendant NO: 2002-328 COMES NOW, the above-captioned parties, parents of Austin Kupko, and agree as follows concerning custody of Austin: 1. Legal Custody. The parties,Natasha N. Bender(n/k/a Natasha N. Holmes) and Gannon Kupko, shall have shared legal custody of the'minor Child, Austin T. Kupko: born March 4, 2000. Each parent shall have an equal right. to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding the Child's 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 Child including. but not limited to, medical, dental, religious, or school records, the residence address of the Child 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, Child's parties, musical presentations, back-to-school night, and the like. Neither parent shall enroll the child in any activity which will impact the other. 2. Physical Custody, Mother shall have primary physical custody. Father shall have physical custody every other weekend from Friday at 5:00 p.m. until Monday morning at the start of school. If the weekend falls on a school break, this shall be Friday at 5:00 p.m to Monday at 8.00 a.m. During Father's periods of custody, in the event that Austin's activities, such as sports, require him to participate on Friday evening in activities, Father shall pick Austin up at end of the activity. In the event that Austin's activities, sports or otherwise, require him to participate on Saturday, Father shall see that Austin is able to get to that activity during Father's period of physical custody. 3. Transportation. On Monday morning when Austin returns to school, Father shall provide transportation. At any other exchange that does not involve Austin being picked up or delivered to an activity, the parties shall meet at the Rutters at the Limekiln Exit on Route 83 to exchange Austin. If Mother has to be at work too early to meet at Rutters on Monday morning at 8:00 a.m., the parties will meet at Rutters on Sunday evening at 8:30 p.m. Mother will let Father know by telephone or electronic communication if that comes up. 4. Holidays. Easter school break Will be defined as Thursday evening to Monday morning, with the parties exchanging Austin at noon on Saturday, with Mother having the first block in even years. Christmas Will be divided into two blocks, Block A being noon on 12/24 to noon on 12/25 and Block B being noon on 12/25 to noon on 12/26. Father will have Block A in odd years; Mother, in even years. Mother will have Block B in odd years; Father, in even years. Thanksgiving Will be defined at the Wednesday before Thanksgiving to the Tuesday morning following Thanksgiving, with exchange being at 5:00 p.m on Friday. Mother will have the first block in odd years. MemoriaULabor/Independence Will be alternated. If a Monday school holiday falls on Father's weekend, his weekend shall extend to Tuesday morning unless he is working, otherwise the holiday is defined as 8:00 a.m. to 8:00 p.m If Father will be working on a Monday school holiday, he will notify Mother seven days prior. 5. Vacations. Upon 60 days written or electronic notice to the other parent, each party is entitled to two non-consecutive weeks of vacation each year which shall run from Friday to Friday. The purpose of this provision is intended to ensure that neither parent exercises more than seven consecutive days of custody, and therefore if a vacation week falls on the other parent's weekend, then the parties shall switch weekends to ensure neither parent has consecutive three weekends of custody. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. y 7. The mother and father shall attend counseling with a family therapeutic counselor who shall work with the mother and father and the minor child in connection with an improvement on communication between the parties and also an effort to try to resolve issues between the parties. Cost of that counseling not paid for by any applicable insurance shall be split equally between the parties. Since mother has insurance on the Child, she shall initially make the arrangements. If the counselor decides that mother need not participate beyond the initial arrangements and father agrees, this counseling may be primarily between father and child. 8. In the event either party desires to have a custody evaluation performed, the other parent shall cooperate in said evaluation and legal counsel may contact the Custody Conciliator to aid in the appointment of an evaluator through the recommendation of a supplemental Order to this Court. 9. The Guardian Ad Litem appointed in this case shall continue to be involved with the minor child and shall be involved in the hearing scheduled above and also be involved in any other pertinent matters relating to the minor child. 10. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the pr osed relo ation. Any party proposing to relocate MUST comply ith 23 Pa.C. . §5337. Natasha en r(n/k/a Holmes) Jerry hilpott, Esq. Gannon T. Kup athan C. W q. NATASHA N. BENDER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW ; CUSTODY rn GANNON T. KUPKO, _- ' L= Defendant NO: 2002-328 Cnr- ORDER AND NOW, this 1016 day of LIM Al L , 2013, upon agreement of the parties, IT IS ORDERED: 1. that the hearing previously scheduled for June 3, 2013, at 11:00 a.m. before the undersigned Judge is hereby cancelled. 2. A hearin icheduled in room#3 of the Cumberland County Courthouse on the l day of 0 , 2013 at 7:36 a.m. At this hearing,the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case,the issues currently before the court, a summary of each party's position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five(5)days prior to the mentioned hearing date. In the event that the parties are satisfied with the new order entered below,they shall inform the court and this hearing shall be cancelled. 3. Pending further order of this court, it is ordered that: A. Legal Custody. The parties,Natasha N. Bender (n/k/a Natasha N. Holmes) and Gannon Kupko, shall have shared legal custody of the minor Child, Austin T. Kupko: born March 4, 2000. Each parent shall have an equal right. to be exercised jointly with the other parent,to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding the Child's 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 Child including. but not limited to, medical, dental, religious, or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that 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, Child's parties, musical presentations,back- to-school night, and the like. Neither parent shall enroll the child in any activity which will impact the other. parent's periods of custody without the express consent of the other parent. B. Physical Custody, Mother shall have primary physical custody. Father shall have physical custody every other weekend from Friday at 5:00 p.m. until Monday morning at the start of school. If the weekend falls on a school break, this shall be Friday at 5:00 p.m to Monday at 8.00 a.m. During Father's periods of custody, in the event that Austin's activities, such as sports, require him to participate on Friday evening in activities, Father shall pick Austin up at end of the activity. In the event that Austin's activities, sports or otherwise,require him to participate on Saturday, Father shall see that Austin is able to get to that activity during Father's period of physical custody. C. Transportation. On Monday morning when Austin returns to school, Father shall provide transportation. At any other exchange that does not involve Austin being picked up or delivered to an activity,the parties shall meet at the Rutters at the Limekiln Exit on Route 83 to exchange Austin. If Mother has to be at work too early to meet at Rutters on Monday morning at 8:00 a.m., the parties will meet at Rutters on Sunday evening at 8:30 p.m. Mother will let Father know by telephone or electronic communication if that comes up. D. Holidays. Easter school break Shall be defined as Thursday evening to Monday morning, with the parties exchanging Austin at noon on Saturday, with Mother having the first block in even years. Christmas Will be divided into two blocks, Block A being noon on 12/24 to noon on 12/25 and Block B being noon on 12/25 to noon on 12/26. Father will have Block A in odd years; Mother, in even years. Mother will have Block B in odd years; Father, in even years. Thanksgiving Thanksgiving Will be defined at the Wednesday before Thanksgiving to the Tuesday morning following Thanksgiving, with exchange being at 5:00 p.m on Friday. Mother will have the first block in odd years. Memorial/Labor/Independence Will be alternated. If a Monday school holiday falls on Father's weekend, his weekend shall extend to Tuesday morning unless he is working, otherwise the holiday is defined as 8:00 a.m. to 8:00 p.m If Father will be working on a Monday school holiday, he will notify Mother seven days prior. E. Vacations. Upon 60 days written or electronic notice to the other parent, each party is entitled to two non-consecutive weeks of vacation each year which shall run from Friday to Friday. The purpose of this provision is intended to ensure that neither parent exercises more than seven consecutive days of custody, and therefore if a vacation week falls on the other parent's weekend, then the parties shall switch weekends to ensure neither parent has consecutive three weekends of custody. F. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. G. The mother, father, and child shall attend counseling with a family therapeutic counselor who shall work with the mother and father and the minor child in connection with an improvement on communication between the parties and also an effort to try to resolve issues between the parties. Cost of that counseling not paid for by any applicable insurance shall be split equally between the parties. Since mother has insurance on the Child, she shall initially make the arrangements. If the counselor decides that mother need not participate beyond the initial arrangements and father agrees, this counseling may be primarily between father and child. H. In the event either party desires to have a custody evaluation performed, the other parent shall cooperate in said evaluation and legal counsel may contact the Custody Conciliator to aid in the appointment of an evaluator through the recommendation of a supplemental Order to this Court. The Guardian Ad Litem appointed in this case shall continue to be involved with the minor child and shall be involved in the hearing scheduled above and also be involved in any other pertinent matters relating to the minor child. J. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa.C.S. §5337. BY THE COURT: Edward 0.1. uido, Judge cc: J J A. Philpott, PO Box 116, Duncannon, PA 17020 (Plaintiff p s counsel) lyathan C. Wolf, 10 West High St., Carlisle, PA 17013 (Defendant's counsel) /Tiffany Lobello, GAL i'ES t'ts.c.L (a/7/!3 Ty) i p NATASHA N. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY „1 tai GANNON KUPKO, � Defendant :NO. 2002-328 CIVIL PERM "'� c , -0 (.7)- �b GUARDIAN AD LITEM'S REPORT ri ; The Children's Advocacy Clinic of the Penn State Dickinson School of Law (hereinafter"Clinic")acting as Guardian Ad Litem for the minor Child Austin Kukpo,born March 4,2000(hereinafter"Austin"),pursuant to Rule 1915.11-2,submits the following Guardian Ad Litem's Report in preparation for the custody hearing scheduled for October 18th,2013 before the Honorable Edward E. Guido. I. Background. a. The Clinic was appointed as the Austin's Guardian Ad Litem by Court Order on December 31, 2012 and Corrected Court Order dated January 11, 2013. The Clinic was appointed to ascertain Austin's custody preference as there was a dispute between his parents as to his wishes. b. At the time the Clinic received the Austin's appointment his parents had shared legal and physical custody. c. The Clinic has visited the home of Austin's Mother and met his Mother and his Step-Father. The Clinic visited the Father's residence and met Austin's Father and Step- Mother. In addition, the Clinic has visited Austin his school. d. On March 22, 2013 the Clinic attended the parent's custody conciliation wherein the parents agreed to continue shared legal custody, but change primary custody to Mother and partial physical custody with Father every other weekend. In addition,the parties agreed for the Mother, Father and Child to begin counseling to work on their relationship and overall communication. e. Since the March 2013 conciliation there have been attempts by parents to ensure visitation between Austin and his Father, but Austin has refused to attend most of these visits. f. Currently, Austin has told the Clinic that he has no communication with his Father. II. Client's Position a. Austin has expressed to the Clinic a consistent preference not to visit with his Father. b. The reasons Austin has told the Clinic he does not want to see his father are: i. That his Step-Mother makes racial comments and negative comments about his Step-Father both to him and publicly via Facebook; ii. After the March 22, 2013 custody conciliation when he attempted to resume visitation with his Father,his Father had changed his room to a smaller guest room and removed all of his belongings; iii. Sometime this past August, his Father expressed to him via text message that he was "done with him."Austin has not spoken to or seen his Father since that text message; and iv. That because of his age his preference should control the outcome. III.Clinic's Recommendation a. The Clinic's recommendation is that: i. The parents should continue to share legal custody and physical custody of Austin; ii. Primary custody should remain with Mother; iii. Partial custody should remain with Father,however should change from every other weekend to one day visit every other weekend; and iv. Austin should continue in counseling. b. To reach this recommendation the Clinic has: i. Met with both Mother and Father,visited both Mother and Father's homes, and visited the Austin at Mother's home; ii. Visited Austin numerous times at school.Reviewed Austin's report cards and his current grades are in the A and B range; and iii. Spoken with Austin's school guidance counselor. c. Following is the Clinic's reasons for our recommendation: i. Primary physical custody should continue with Mother to maintain school stability and due to the strained relationship between Austin and his Father; ii. Partial physical custody with Father be reduced to one day visit every other weekend but Mother must ensure Austin attends these visits. Since Austin currently has no contact with his Father,the Clinic believes a gradual transition into spending time with his Father assist them to re-develop their relationship. The Clinic has no concerns with Father's residence or his care for the Austin; and iii. The Clinic has recommended Austin continue counseling and Mother and Father should actively participate in the counseling at the discretion of the counselor.The Clinic believes counseling is important to assist in re- developing the relationship between Austin and his Father. Respectfully submitted, Date: (0 i 'A `1° Tiffa 'oB-111 Certified Lega Intern Timothy '. mith, Esq. Supervising Attorney Children's Advocacy Clinic 371 West South Street Carlisle, PA 17013 (717) 243-2968 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. A1LJ Tiffa �oBello Certi -ed Lega Intern • NATASHA N. BENDER , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : CIVIL ACTION -LAW : IN CUSTODY GANNON KUPKO, • Defendant :NO. 2002-328 CIVIL TERM CERTIFICATE OF SERVICE I, Tiffany LoBello, hereby certify that I am serving a true and correct copy of the Guardian Ad Litem's Report on the following parties by first class United States Mail: Jerry A. Philpott,Esq. Attorney for Plaintiff 277 N. High Street,P.O. Box 116 Duncannon,PA 17020 Nathan Wolf, Esq. Attorney for Defendant 10 West High Street • Carlisle,PA 17013 Date: )4 / I , . IL I ./ . 1 Tiffan kBe 1, Certified Legal Intern Children's Advocacy Clinic 371 West South Street Carlisle, PA 17013 (717) 243-2968 NATHAN C.WOLF,ESQUIRE T H E P R 0 T H 0 N t D-1, .t' ATTORNEY ID NO.87380 10 WEST HIGH STREET i f CARLISLE PA 17013 OCT h TT 241-4436 -CUMBERLAND COUNT),' ATTORNEY FOR DEFENDANT � � f PENNSYLVANIA NATASHA N.BENDER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :CIVIL ACTION-LAW GANNON T.KUPKO, :NO.2002-0328 CIVIL TERM Defendant :IN CUSTODY MOTION TO CANCEL HEARING NOW comes the Defendant, Gannon T. Kupko, by his attorney,Nathan C.Wolf,Esquire, and presents the following motion to cancel the October 18,2013 custody hearing,representing as follows: 1. The plaintiff is Natasha N. Bender, (hereinafter"Mother") an adult individual currently residing at 105 Salem Church Road,Mechanicsburg, Cumberland County,Pennsylvania 17050. 2. The defendant is Gannon T. Kupko, (hereinafter"Father") an adult individual currently residing at 90 Redstone Drive,York Haven,York County, Pennsylvania 17370. 3. The parties are the natural parents of one minor child, namely: Name Primary Residence Age Austin Trent Kupko Shared physical custody 13 years old Between above addresses DOB 3/4/2000 4. Father filed a Petition to Modify Custody and a Hearing has been scheduled for October 18, 2013 at 9:30 a.m. before Honorable Edward E. Guido. 5. The defendant does not wish to pursue the Petition to Modify custody at this time and is requesting that the Hearing be cancelled. 6. Concurrence in the foregoing motion was sought from counsel for Plaintiff,Jerry L. Philpott,Esquire, and Attorney Philpott does concur in this request. WHEREFORE,Defendant, Gannon T. Kupko,respectfully requests that the Court issue an Order cancelling the October 18, 2013 custody hearing and ordering that the terms of the June 6, 2013 Order shall remain in full force and effect,along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF &WOLF,Attorneys at Law Dated: October 15,2013 By: � Aath . Wolf, Es ire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant O VERIFICATION I, the undersigned, do hereby verify I am counsel for defendant,and the facts set forth in this motion are true and correct to the best of my knowledge and belief. 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. October 15,2013 4 `tor t4Uchkyl Nathan Wolf Counse or Defendant NATHAN C.WOLF,ESQUIRE ATTORNEY ID NO.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717)241-4436 ATTORNEY FOR DEFENDANT NATASHA N.BENDER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :CIVIL ACTION-LAW GANNON T.KUPKO, :NO.2002-0328 CIVIL TERM Defendant :IN CUSTODY CERTIFICATE OF SERVICE I,Nathan C. Wolf, Esquire, attorney for Defendant,do hereby certify that this date, I have served a copy of the foregoing Motion to Continue,upon the following person,by United States Mail, addressed as follows: Jerry A. Philpott, Esquire P.O. Box 116 Duncannon, PA 17020 (Counsel for Plaintiff) Respectfully submitted, WO &WOLF,Att eys at Law Dated: October 15,2013 BY: Natha Wolf, Esquire 10 We t . igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant NATASHA N. BENDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW GANNON T. KUPKO, : NO. 2002-0328 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT NOW, this �V day of 00;41,t 013, at the request of Defendant, the hearing scheduled for October 18, 2013 at 9:30 a.m. is hereby CANCELLED and pending further Order of Court the Order dated June 6, 2013 shall remain in full force and effect. BY COU ' T, EDWARD E. GUIDO,J. D' ution: erry L. Philpott,Esquire For the Plaintiff Nathan C.Wolf,Esquire For the Defendant Tiffany Labello,Child Advocacy Clinic — ,;v41_ GAL for Child aari 12 /966./1 3 Ga cp r\