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Home My WebLink About95-0547 JOANNE ZEPP, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant : CIVIL ACTION - AT LAW : CUSTODY nF,FF,NllANT'S TO MOnIFV rnSTOnV AND NOW, the Defendant, Alfred A. White, II, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Alfred A. White, II, Defendant above, hereinafter referred to as Father, is an adult individual who currently resides at 5022 East Trindle Road, Apt. A-2, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent, Joanne Zepp, Plaintiff above, hereinafter referred to as Mother, is an adult individual who currently resides at 7007 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are divorced from each other. There is one dependent child from the relationship of Mother and Father, namely Dylan B. Zepp, born January 8, 1992, hereinafter referred to as the Child. 4. The parties have previously been involved in litigation concerning the child in this court at the above docket number. The most recent order dated January 9, 2004 was entered pursuant to an agreement between the parties and has been attached as Exhibit A. 5. The best interests and permanent welfare of the child will be served by modifying the January 9, 2004 Order of Court such that Father should be given primary physical custody of the child for the following reasons: (a) The child has expressed a strong desire to reside with Father and is very unhappy and emotionally distraught under the current arrangement. (b) Mother and her boyfriend have engaged in a course of conduct designed to alienate the child from Father as follows: 1) Mother and her boyfriend make disparaging remarks to and about Father in the presence of the child. 2) Mother and her boyfriend disrespect Father in the presence of the child. 3) Mother punishes the child for desiring to be with his Father. 4) After having taken the child to lacrosse practice for the entire practice season and knowing that the child plays the important position of goalie and that Father is the coach of the lacrosse team, Mother unilaterally and without prior notice to Father prevented the child from attending the team's first game of the season on March 26,2005. She then permitted him to again attend practices as well as play in games, but then on May 2, 2005 she prevented him from attending practice and then on May 3, 2005 Mother sent an e-mail not only to Father, but to all the lacrosse coordinators and all the members of the lacrosse team stating her unilateral decision to pull the child from the lacrosse club. Father requested an explanation from Mother via e-mail but, to date, has not received a response. 5) Mother prevents the child from contacting Father when in Mother's custody, to the extent that on at least one recent occasion Mother pulled the phone cord out of the wall to prevent the child from calling Father. (c) The child is highly disturbed by the increased angry and rude actions of Mother and her boyfriend towards both himself and Father. The child no longer wishes to tolerate his situation and desires to reside primarily with Father. (d) Father resides in the same school district at Mother so the child would not change schools if custody were transferred to Father. In fact, the child already takes the bus to and from Father's house on Father's custodial days under the current custody schedule. 6. Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. WHEREFORE, Father respectfully requests the court to grant him primary physical custody of his son. Respectfully submitted, Dated: /!t!{!) ~ Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 P A Supreme Ct. lD No. 68735 JOANNE ZEPP, Plaintiff vs. ALFRED A. WHITE, II, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 95-547 : CIVIL ACTION - AT LAW : CUSTODY C:F.RTTFTC:ATR OF SF.RVrc:R I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Charlie Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Dated: <;/0Ir) ~ - BY: ~e B. Costopoulos, Esquire- ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 PA Supreme Ct.lD No. 68735 JOANNE ZEPP, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant : CIVIL ACTION - AT LAW : CUSTODY VRRTFTC A nON I, Alfred A. White, II, hereby verii)' that the statements made in the foregoing petition 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. S 4904, relating to unsworn falsification to authorities. Date: 5-& ~oS . ou__-, -~ -----. j /. ~- . . - -// Slgnat~ ~ ~ [r Alfred A. White, II ------- \ E.)(r\\6\\ p.. ---------- DEe 3 1 2003 \r ^-~ \ / . ',\ !( )! , J Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNE ZEPP, vs. 95-547 CIVIL ACTION LAW ALFRED A. WHITE, II Defendant IN CUSTODY ORDER OF COURT AND NOW, this qth day of COJilSideration of the attached Custody Conciliation Report, it is order , 2004, upon and directed as follows: 1. The prior Orders of this Court dated April 28, 2003, June I vaqated and replaced with this Order. , 2002 and October 22, 2001 are 2. The Mother, Joanne Zepp, and the Father, Alfred A. White II , shall have shared legal custody of Dylan B. Zepp, born January 8,1992. The parties agree that major decisions concerning the child including, but not limited to, the Child's, health, welfare, education, religious training and up~ringing 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 Child's best interest. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to tie of concern to the other. Day to day decisions shall be the responsibility of the parent then having phJisical custody. With regard to any emergency decisions which will be made, the parent having ph~sical custody of the Child at the time of the emergency shall be pernlitted to make any necessary im~lediate decisions. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete infornlation from any doctor, dentist, teacher, professional or any authority concerning the Child and to have copies of any reports gi,!~n 10 either party as a parent 3. The parties shall have physical custody of the Child in accordance with the following schi1dule: A. During the school year, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody on alternating weekends from Friday immediately after school through Monday before school. In addition, the Father shall have custody of the Child every week from Wednesday immediately after school through Thursday morning before school. For exchanges of custody under this paragraph, the Child shall ride the bus to and from the Father's residence before and after schoo L B. During the summer school break each year, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Monday at 8:00 am. The summer schedule shall begin with the Father having custody of the Child on the first Monday after the end of the school year. The school year custody schedule shall resume one full week prior to commencement of the school year with the Mother having primary custody and the Father having periods of partial custody. The alternating weekend schedule shall begin with the Father having custody of the Child on the first weekend following the beginning of the school year. 4. The parties shall share having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from immediately after the end of school before the holiday break through Christmas Day at 6:00 pm and Segment B, which shall run from Christmas Day at 6:00 pm through New Years Day at 6:00 pm. In odd numbered years, the Father shail have custody of the Child during Segment A and the Mother shall have custody during Scgment B. In even numbered years the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. EASTER: The Easter holiday period of custody shall begin immediately after school ends before the holiday break through the beginning of school after the holiday. The Father shall have custody of the Child over the Easter holiday in even numbered years and the Mother shall have custody in odd numbered years. C. MEMORIAL DAY / LABOR DAY: In every year, the Mother shall have custody of the Child for the entire Memorial Day weekend from Friday immediately after school through Tuesday morning before school. In every year, the Father shall have custody of the Child for the entire Labor Day weekend from Friday immediately after school through Tuesday before school. D. JUL Y 4TH: The Independence Day holiday shall run from July 3'd at 6:00 pm through July 5\h at 8:00 am. The Mother shall have custody of the Child over the Independence Day holiday in even numbered years and the Father shall have custody in odd numbered years. E. THANKSGIVING: The Thanksgiving holiday shall run from immediately after school on the Wednesday before Thanksgiving through the following Tuesday morning before school. The Mother shaH have custody of the Child over Thanksgiving in even numbered years and the Father shaH have custody in odd numbered years. F. MOTHER'S DAY / FATHER'S DAY: The holiday period of custody shall begin immediately after school on Friday ( or at 4:00 pm ifthere is no school) and end before school on the following Monday (or at 8:00 am if there is no school). The Mother shaH have custody of the Child every year on Mother's Day weekend and the Father shall have custody of the Child every year on Father's Day weekend. G. HUNTING SEASON: The Father shall have custody of the Child in order to take the Child hunting on the first day of archery season each year from 7:00 pm On the night before through 7 :00 pm on the hunting day. In addition, during the Mother's periods of Thanksgiving holiday custody, the Father shall have the opportunity to take the Child hunting on the first day of rifle hunting season from 8:00 pm on the Sunday after Thanksgiving through Monday at 6:00 pm. This provision regarding hunting shall not apply if the Mother takes the Child out of town to visit relatives or for vacation over the Monday following Thanksgiving in even numbered years. H. OTHER MONDAY HOLIDAYS / INSERVICE DAYS: The parent who has custody of the Child under the regular alternating weekend schedule shall retain custody of the Child through the Monday school holidays or in-service days (until Tuesday morning before school) following that parent's weekend. 1. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. s. Subject to the provisions of paragraph 6 of this Order, all exchanges of custody on school da)ts shall take place with the Child riding the bus to and from the Father's residence. Unless otherwise ag*ed between the parties, the Father shall provide all transportation for exchanges of custody which do (lot take place on school days. 6. The Father shall ensure that the Child completes all homework assib'nments which are due the ifollowing day during the Father's periods of custody on days preceding school days. In the event the\Child fails to complete homework assignments during the Father's periods of custody as specified in this provision on at least two occasions, the Mother's counsel may contact the custody conciliator to schedule a telephone conference. The parties agree that the partial custody schedule shall be adjusted to ehable the Child to complete homework assignments at the Mother's residence prior to periods of cus10dy in the event of the Father's failure to comply with this provision absent extenuating circ~mstances beyond his control. 7. In the event the Child is absent from school due to illness and the custodial parent is unavailable to provide care for the Child, the other parent shall be given the opportunity to provide care! for the Child during the other parent's unavailability. 8. The parties shall cooperate with each other in discussing and selecting the activities in which the (j::hild will be involved. The Father shall be given the first opportunity to be involved with the Child as al coach, assistant coach or co-participant in activities. In the event the Father is involved in this cap'fity, the Mother's friend, Kevin Nelson, shall not become actively involved in the activity. Hov.jever, if the Father is not interested in such mvolvement, then Kevin Nelson shall have lOe same opp~rtunity for participation as coach, assistant or co-participant. The Father shall take the Child to his judoiactivity during the Father's alternating weekend periods of custody and the parties shall ensure that tjlbservation or participation in this activity is restricted to parents only during that tIme. 9. The parties shall ensure that appropriate clothing for the Child is exchanged and returned in a civil "nd cooperative manner to avoid conflict or embarrassment to the Child. 10, In the event either party is unavailable to provide care for the Child for a five hour period or longer during his or her period of custody, that party shall first contact the other party to offer the opportunity to provide the care before contacting third party caregivers, The parties agree that this. provision should not apply when a party is making arrangements for the Child to visit relatives when that parent is otherwise available, The Mother agrees to notify the Father in the event she makes arrangements for the Child to visit the Father's relatives, 11, Neither party shall assume that an email communication has been received by the other plu1y unless the sending party receives confinnation ofreceipt from the other party, 12, In tbe event either party intends to relocate his or her residence outside the school district in '-'Illich [he Child is enrolled, that party shail provide at least sixty days advance notice to tbe other party tel enable the parties to make necessary changes to the custody arrangements either through agreement oJ' through the legal process, )3, Neither party shall drink alcohol to the point of intoxication or use illegal drugs during his or her periods of custody, The parties shall ensure that third parties having contact with the Child cQmply with this provision, 14, 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 C~ild's love and respect for the other parent Both parties shall ensure that third parties having contact wIth the Child comply with this provision, 15, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent In the absence of nlllltual consent, the tem1S of this Order shall control. BY THE COURT, Ln ~~nnm Pi~, ",,) o ~ . Edgar B. Bayley, J. cc; Charles Rector, Esquire - Counsel for Mother Diane S, Baker, Esquire - Counsel for Father .~TUE C()~:,'f r- 1(1 '; ":,',I:rHony \.: ~~',l,~,?:/,c "1' t.t~,~ " t."~ br,d >\ '".", 1\1~ "-I,,, .( ,'i_~,_}~""r P 1 ainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNE ZEPP, vs. 95-547 CIVIL ACTION LAW ALFRED A. WHITE, Ii Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follqws: N~ME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dyl~n B. Zepp January 8, 1992 Mother 2. A Conciliation Conference was held on December 22, 2003, with the following individuals in atlendance: The Mother, Joanne Zepp, with her counsel, Charles Rector, Esquire, and the Father, Alfrep (Alan) White II, and his counsel, Diane S. Baker, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the provi~ions concerning Monday holidays, and the first days of the archery and deer hunting seasons, on whic~ guidance from the Court was obtained pursuant to the parties' agreement at the conciliation confetence. OL~......Jv/l 3n ,;;2c.03 Date I D~ Custody Conciliator -k:; o l'l ~\9 -::r C> - ~ C> ~U1~ ~ ~ -r ~:/\ .-1 --,' ~:~'-:, Ml _.c, \ u:o - f'} en _..1 JOANNE ZEPP PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 95-547 CIVIL ACTION LAW ALFRED A. WHITE, II DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 131}005_.__...~, upon consideration of the attached Complaint, it is hereby directed that pmiies and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, P A 17055 on __yednesday, '!1I.1I!Jl_8,}005.__~ at I :OO_PM 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 dellne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age live 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, Speciall~elief orders, and Custody orders to lhe conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. IL~ Custody Conciliator ------r The Court of Common Pleas of Cumbcrland County is required by law to comply with the Amcricans 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 of/ice. 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 (717) 249-3166 e 0' < o~ fp t jo/~f 47 ~, , (/)<7 t /5 If?"'!? tiM? ..~ ~~I ~/}!/I, ~ 7/P . ~. . <~C D> ~~? )r? 7- ~ (l'J'rP YJ U5 ~:l' ~ ", S ~ ;,'" ~"; , r JOANNE ZEPP, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant : CIVIL ACTION - AT LAW : CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Kindly withdraw the appearance of Diane S. Baker, Esquire, as attorney for Defendant, Alfred A. White, II, in the above captioned matter. Dared: if r Diane S. Baker, Esquire P.O. Box 6443 27 S. Arlene Street Harrisburg, PA 17112-0443 Telephone: (717) 671-9600 Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for Defendant, Alfred A. White, II, in the above captioned matter. Dated: r/zp5 . ~ -- Je~e B. Costopoulos, Esquire P A Supreme Court ID No. 68735 5000 Ritter Road, Suite 202 Mecharricsburg,PA 17055 Telephone: (717) 790-9546 ------- '~~ - ~ . ..,; JOANNE ZEPP, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant : CNIL ACTION - AT LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy ofthe foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Charlie Rector, Esquire 1104 F emwood Avenue Suite 203 CampHill,PA 17011-6912 BY: 4-~ Je~. Costopoulos, Esquire ~ PA Supreme Court ID No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Telephone: (717) 790-9546 DATED: 5fZ7/o5 - .'\: (.~} :,~~. V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-547 CIVIL TERM CIVIL ACTION - LAW JOANNE ZEPP, Plaintiff ALFRED A. WHITE, II, Defendant NOTICE TO PLEAD To: Alfred A. White, II c/o Jeanne Costopoulos, Esquire 5000 Ritter Road, Ste. 202 Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed Plaint' ~- BY: Answer and New Matter to Defendant's Petition to Modify Custody wi days from service hereof or a judgment may be e Date: $//03 JOANNE ZEPP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 95-547 CIVIL TERM ALFRED A. WHITE, II, Defendant CIVIL ACTION - LAW PLAINTIFF'S ANSWER WITH NEW MATTER TO DEFENDANT'S PETITION TO MODIFY CUSTODY AND NOW, comes the Plaintiff, JoAnne Zepp, by and through her attorney Charles Rector, Esquire, and answers Defendant's Petition to Modify Custody as follows: 1. - 4. Admitted. 5. Denied. Paragraph 5 constitutes a series oflegal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, it is denied that the best interest and permanent welfare ofthe minor child will be served by the granting of primary physical custody to Defendant/Father. To the extent that any further answer is required: a. Denied. Plaintiff is without sufficient information to form a conclusion regarding the accuracy of the averment contained therein and proof thereof is demanded and the same is deemed denied. To the extent that any further answer is required, Defendant/Father continues to undertake efforts to alienate the minor child from his mother. b. Denied. The factual averments contained in Paragraph (b )(1-5) are all denied and proof thereof is demanded. To the extent that any further answer is required; (I) Denied. It is denied that PlaintiffiMother and her boyfriend make disparaging remarks to and about the Defendant/Father in the presence ofthe child and proof thereof is demanded and the same are deemed denied. (2) Denied. It is denied that PlaintiffiMother and her boyfriend disrespect the Defendant/Father in the presence of the child and proof thereof is demanded and the same is deemed denied. (3) Denied. It is denied that Plaintiff /Mother punishes the child for desiring to live with his father and further denied that the child desires to live with his father and proofthereof is demanded and the same is deemed denied. By way of further answer, Defendant/Father has repeatedly alienated the child from his mother and the child's attitude and schoolwork have suffered. (4) Admitted in part and denied in part. It is admitted that Plaintiff /Mother discontinued the minor child's participation in all extracurricular activities as a result of him receiving failing grades in mathematics at the Good Hope Middle School, which he attends. By way of further answer, by email dated March 7, 2005, Defendant/Father acknowledged "I have spoken to Dylan about his grades and the affect that will have in his involvement in extracurricular activities such as Lacrosse and Ale crew. Ifhis grades do not improve, he is aware that he will not be playing Lacrosse." It is denied that Defendant/Father has not been provided an explanation of the reason for this discontinuation of extracurricular activities and proofthereofis demanded and the same is deemed denied. By way of further answer, DefendantlFather continues to portray himself to be a "victim" to gamer support from the child and purposely and continuously attempts to subvert the child's relationship with his mother. (5) Denied. It is denied that Plaintiff /Mother prevents the child from contacting his father upon request and further denied that she has pulled the phone cord out of the wall to prevent the child from calling his father and proof thereof is demanded. (c) Denied. It is denied that any anger or disturbance of the minor child is as a result of any actions of Plaintiff /Mother and/or her boyfriend towards the child or his father and further denied that the child has formed a well-reasoned and mature conclusions regarding where he wishes to live and proof thereof is demanded and the same are deemed denied. By way of further answer, Defendant/Father continues to engage in aberrant behavior towards PlaintiffIMother in the presence of the child, all of which conduct is adversely affecting the child's emotional well being. (d) Admitted. 6. Admitted. WHEREFORE, PlaintiffIMother requests that the Court deny DefendantlFather's request for primary custody. NEW MATTER 7. Plaintiffs previous answers to Defendant's Petition to Modify Custody are incorporated herein by reference as if set forth in full. 8. DefendantlFather continues to engage in a course of conduct designed to alienate the minor child from his mother. For example, DefendantlFather has personally reviewed all emails regarding custody with the minor child. 9. As a result ofthe increased time available to DefendantlFather during the school year, namely Wednesday afternoons, the minor child's school work has suffered greatly. He received A's last year and C's this year. Further, the child is defiant with his mother, all of which behavior is encouraged by his father. 10. The change of primary physical custody of the minor child from Mother to Father would not be in the minor child's best interest. The minor child will be better served by spending less time with his father. WHEREFORE, Plaintiff, JoAnne Zepp. respectfully requests that your Honorable Court reduce the amount oftemporary physical custody granted to DefendantlFather in this case. -, Date: ~ /:;,/or Rx Date/Time MAY-31-2005ITUE) 12:43 MAV.31 2p01 1:22PM HP LASERJET 3200 I verify that the statements made herein 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. Date: sf '3J/ D5 ~~fi1 P. DD I p. 1 CERTIFICATE OF SERVICE S~ !, Charles Rector, Esquire, do hereby certify that ou the J day of June 2005, ! caused a true and correct copy of the within Plaintiffs Answer with New Matter to Defendant's Petition to Modify Custody to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Ste. 202 Mechanicsburg, PA 17055 Date: ,llor n ';.~'l (~~-. :-? "\-C',::.., " ~-L- \ -- ",,~''', c:"; -- -- RECEIVED JUN 0 92005.J--' , JOANNE ZEPP Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 95-547 CNIL ACTION LAW ALFRED A. WHITE, II Defendant IN CUSTODY ORDER OF COURT AND NOW, this -----11-- day of )\.~ , 2005, upon consideration of the attached Custody Conciliation Report, It is ordered and directed as follows: 1. The parties shall initiate counseling for the Child with Deborah Salem, LPC. The purpose of the counseling shall be to assess the Child's perspective concerning the custodial arrangements and to provide guidance to the parties in connection with the underlying basis for the Child's perspective as ascertained through the counseling. The Father shall be responsible to pay all costs for the sessions under this provision. 2. The parties shall obtain a supplemental custody evaluation from Arnold Shienvold, Ph.D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the Child's interest under the current circumstances. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Mother shall be responsible to pay all costs of the evaluation under this provision. 3. Pending further agreement of the parties or Order of Court, the prior Order of this Court dated January 9, 2004 shall continue in effect. 4. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if ~~~~ / BY THE COURT, cc: Charles Rector, Esquire - Counsel for Mother . Jeanne B. Costopoulos, Esquire - Counsel for Father > {~~ ,~ (, I'> --,---- r+. ot FILED-OFFICE OF THE ppnT!..!(\\I,O-, Ar"JV . . I "....111 i\_.11 'J\.. (iii, Z005 JUN 13 MilO: 3 I --------- -- - ,. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOANNE ZEPP vs. 95-547 CIVIL ACTION LAW ALFRED A. WHITE, II Defendant IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan B. Zepp January 8, 1992 Mother 2. A conciliation conference was held on June 3, 2005, with the following individuals in attendance: The Mother, Joanne Zepp, with her counsel, Charles Rector, Esquire, and the Father, Alfred A. White, II, with his counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ t ( OlooS t2~~ Dawn S. Sunday, Esquire Custody Conciliator Date JOANNE ZEPP, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant : CIVIL ACTION - AT LA W : CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF FOR MODIFICATION OF CUSTODY SCHEDULE AND NOW, the Defendant, Alfred A. White, II, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Alfred A. White, II, is Defendant above and hereinafter referred to as Father. 2. Respondent, Joanne Zepp, is Plaintiff above and hereinafter referred to as Mother. 3. The parties are divorced from each other. There is one dependent child from the relationship of Mother and Father, namely Dylan B. Zepp, born January 8, 1992, hereinafter referred to as the child. 4. The parties have previously been involved in litigation concerning the child in this court at the above docket number. The most recent order dated January 9, 2004 was entered pursuant to an agreement between the parties and has been attached as Exhibit A. 5. Father filed a Petition to Modify Custody on May 9, 2005 in which he sought primary physical of the child. The averments contained therein are incorporated herein by reference as though fully set forth. 6. The parties attended a conciliation conference before Dawn S. Sunday, Esquire, on June 3, 2006 and a stipulated order was entered on June 13, 2005 in which the parties were ordered to have the child counseled by Deb Salem. Furthermore, the parties were ordered to submit to a supplemental custody evaluation by Dr. Arnold Shienvold. Said Order is attached hereto as Exhibit B. 7. Deb Salem submitted her report on July 21,2005. Said report is attached as Exhibit C. 8. Dr. Shienvold submitted his re-evaluation on March 27,2006. Said re-evaluation is attached as Exhibit D. 9. Upon receipt of the re-evaluation, the parties, through counsel, began negotiations of a revised custody order containing a shared custody arrangement, as per Dr. Shienvold's recommendations. 10. Throughout the negotiations, the parties consistently agreed that a week-on/week-off schedule would be implemented beginning either with Mother obtaining the child on June 12,2006 at 8:00 a.m. 11. The parties were unable to reach a comprehensive settlement of the case because they disagreed on such issues as who can claim the child for tax purposes (Father suggested alternating years and Mother wanted to claim the child every year), whether to remove paragraph 7 of the June 12, 2006 Order leaving the child with third parties instead of a parent for extended time periods (Mother wanted this left out), whether or not to maintain the child's address for health insurance purposes as Mother's even if Mother no longer covered the child on her insurance and Father carried insurance on the child (Mother insisted her address be primary regardless of who carried the insurance), and whether or not to remove certain portions of paragraph 8 of the June 9, 2004 Order prohibiting Mother's then boyfriend (now husband) from becoming actively involved in extracurricular activities in which Father is involved with the child as a coach, assistance coach, or co-participant in activities (Father still sees a need for this provision). 12. In all of the "back and forth" of the negotiations, Mother never raised the issue that she did not want to begin the custody schedule with her having the child on June 12, 2006 at 8:00 a.m. 13. Relying on the June 12, 2006 start date of the week on/week off schedule that the parties mutually accepted as evidenced by its consistent inclusion in the proposals of both parties, Father made important plans involving the child for the weeks beginning both July 17, 3006 and July 31, 2006. 14. Father is scheduled to be married in Lightstreet, Pennsylvania on July 22, 2006. He planned for the child to participate in all pre-wedding activities as well as participate in the very significant role as best man at the wedding. 15. Furthermore, Father planned for the child to spend the week of July 31, 2006 with the child's paternal grandparents while he was on his honeymoon. 16. The child is greatly looking forward to both attending the wedding and spending a week with his paternal grandparents the week beginning July 31, 2006. 17. It wasn't until Mother discovered Father's wedding plans that on June 28, 2006 she for the first time raised the issue that she did not agree to begin the schedule on a date that would result in Father having custody for both of the weeks for which he had made plans. WHEREFORE, Father respectfully requests the court to re-start the summer schedule such that the parties share week-on/week off custody of the child beginning with Father having custody of the child on July 17,2006 at 8:00 a.m. and alternating weeks thereafter. RESPECTFULLY SUBMITTED: Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 P A Supreme Ct. ID No. 68735 ..........-. DArn: ~/r)/ JOANNE ZEPP, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant : CIVIL ACTION - AT LA W : CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney of record for Alfred A. White, II, Defendant. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 DATE: Pa.C.S. 4904 relating to unsworn falsification to authorities. B~powos.::----' ATTORNEY FOR PLAlNTWF 3803 Gettysburg Road Camp Hill, PA 17011 " / Phone: (717) 920-2500 tfi2t~,,( P A Supreme Ct. ID No. 68735 JOANNE ZEPP, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant : CIVIL ACTION - AT LAW : CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Charlie Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 DATE: ~/zf/o/ ~- Jeanne B. Costopoulos, Esquire ATTORNEY FORPLNNTWF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 P A Supreme Ct. ID No. 68735 EXHIBIT A .DEC 3 1 2003 1Y (f-:; (Q) [9 ~... JOANNE ZEPP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. 95-547 CNIL ACTION LAW ALFRED A. WHITE, II Defendant IN CUSTODY ORDER OF COURT AND NOW, this q th day of consideration of the attached Custody Conciliation Report, it is order , 2004, upon and directed as follows: 1. The prior Orders of this Court dated April 28, 2003, June 1 ,2002 and October 22,2001 are vacated and replaced with this Order. 2. The Mother, Joanne Zepp, and the Father, Alfred A. White II , shall have shared legal custody of Dylan B. Zepp, born January 8, 1992. The parties agree that major decisions concerning the child including, but not limited to, the Child'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 hannonious policy in the Child's best interest. Each party shall notify the other of ~y activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility ofthe parent then having physical custody. With regard to any emergency decisions which will be made, the parent having physical custody ofthe Child at the time of the emergency shall be permitted to make any necessary immediate decisions. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete information from any doctor, dentist, teacher, professional or any authority concerning the Child and to have copies of any reports given to either party as a parent. 3. The parties shall h(lve physical custody of the Child in accordance with the following schedule: A. During the school year, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody on alternating weekends from Friday immediately after school through Monday before school. In addition, the Father shall have custody of the Child every week from Wednesday immediately after school through Thursday morning before school. For exchanges of custody under this paragraph, the Child shall ride the bus to and from the Father's residence before and after school. B. During the summer school break each year, the parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Monday at 8:00 am. The summer schedule shall begin with the Father having custody of the Child on the first Monday after the end of the school year. The school year custody schedule shall resume one full week prior to commencement of the school year with the Mother having primary custody and the Father having periods of partial custody. The alternating weekend schedule shall begin with the Father having custody of the Child on the first weekend following the beginning of the school year. 4. The parties shall share having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from immediately after the end of school before the holiday break through Christmas Day at 6:00 pm and Segment B, which shall run from Christmas Day at 6:00 pm through New Years Day at 6:00 pm. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even numbered years the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. EASTER: The Easter holiday period of custody shall begin immediately after school ends before the holiday break through the beginning of school after the holiday. The Father shall have custody of the Child over the Easter holiday in even numbered years and the Mother shall have custody in odd numbered years. C. MEMORIAL DAY / LABOR DAY: In every year, the Mother shall have custody of the Child for the entire Memorial Day weekend from Friday immediately after school through Tuesday morning before school. In every year, the Father shall have custody of the Child for the entire Labor Day weekend from Friday immediately after school through Tuesday before school. ... D. JULY 4TH: The Independence Day holiday shall run from July 3rd at 6:00 pm . through July 5th at 8:00 am. The Mother shall have custody of the Child over the Independence Day holiday in even numbered years and the Father shall have custody in odd numbered years. E. THANKSGNING: The Thanksgiving holiday shall run from immediately after school on the Wednesday before Thanksgiving through the following Tuesday morning before school. The Mother shall have custody ofthe Child over Thanksgiving in even numbered years and the Father shall have custody in odd numbered years. F. MOTHER'S DAY I FATHER'S DAY: The holiday period of custody shall begin immediately after school on Friday (or at 4:00 pm if there is no school) and end before school on the following Monday (or at 8:00 am if there is no school). The Mother shall have custody of the Child every year on Mother's Day weekend and the Father shall have custody of the Child every year on Father's Day weekend. G. HUNTING SEASON: The Father shall have custody of the Child in order to take the Child hunting on the first day of archery season each year from 7:00 pm on the night before through 7:00 pm on the hunting day. In addition, during the Mother's periods of Thanksgiving holiday custody, the Father shall have the opportunity to take the Child hunting on the first day of rifle hunting season from 8:00 pm on the Sunday after Thanksgiving through Monday at 6:00 pm. This provision regarding hunting shall not apply if the Mother takes the Child out oftown to visit relatives or for vacation over the Monday following Tharucsgiving in even numbered years. H. OTHER MONDA Y HOLIDAYS / INSERVICE DAYS: The parent who has custody of the Child under the regular alternating weekend schedule shall retain custody of the Child through the Monday school holidays or in-service days (until Tuesday morning before scho.ol) following that parent's weekend. 1. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. Subject to the provisions of paragraph 6 of this Order, all exchanges of custody on school days shall take place with the Child riding the bus to and from the Father's residence. Unless othervvise agreed between the parties, the Father shall provide all transportation for exchanges of custody which do not take place on school days. 6. The Father shall ensure that the Child completes all homework assignments which are due the following day during the Father's periods of custody on days preceding school days. In the event the Child fails to complete homework assignments during the Father's periods of custody as specified in this provision on at least two occasions, the Mother's counsel may contact the custody conciliator to schedule a telephone conference. The parties agree that the partial custody schedule shall be adjusted to enable the Child to complete homework assignments at the Mother's residence prior to periods of custody in the event of the Father's failure to comply with this provision absent extenuating circumstances beyond his control. 7. In the event the Child is absent from school due to illness and the custodial parent is unavailable to provide care for the Child, the other parent shall be given the opportunity to provide care for the Child ouring the other parent's unavailability. 8. The parties shall cooperate with each other in discussing and selecting the activities in which the Child will be involved. :rhe Father shall be given the first opportunity to be involved with the Child as a coach, assistant coach or co-participant in activities. In the event the Father is involved in this capacity, the Mother's friend, Kevin Nelson, shall not become actively involved in the activity. However, if the Father is not interested in such involvement, then Kevin "Nelson shall htlve the same opportunity for participation as coach, assistant or co-participant. The Father shall take the Child to his judo activity during the Father's alternating weekend periods of custody and the" parties shall ensure that observation or participation in this activity is restricted to parents only during that time._ 9. The parties shall ensure that appropriate clothing for the Child is exchanged and returned in a civil and cooperative manner to avoid conflict or embarrassment to the Child. 10. In the event either party is unavailable to provide care for the Child for a five hour period or longer during his or her period of custody, that party shall first contact the other party to offer the opportunity to provide the care before contacting third party caregivers. The parties agree that this provision should not apply when a party is llj1aking arrangements for the Child to visit relatives fhen that parent is otherwise available. The Mother agrees to notify the Father in the event she Iljlakes arrangements for the Child to visit the Father's relatives. I 11. Neither party shall assume that an email communication has been received by the other party unless the sending party receives confirmation of receipt from the other party. . .12. In.the. event either party intends tore~ocate his or ?er residence outside .the school distrfct in whIch tne ChIld IS enrolled, that party shall provIde at least SIxty days advance notIce to the other party to enable the parties to make necessary changes to the custody arrangements either through agree~ent or through the legal process. 13. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during his or her periods of custody. The parties shall ensure that third parties having contact with the G:::hild comply with this provision. I 14. Neither party shall do or say anything which may estrange the Child from the other parbnt, injure the opinion of the Child as to the other parent, or hamper the free and natural development dfthe Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 15. This Orqer is entered pursuant to an agreement of the parties at a Custody Conciliation I Conference. The parties ma-y modify the provisions of this Order by mutual consent. In the absende of mutual consent, the terms of this Order shall control. BY THE COURT, ~~ dllflJ0 DW' · Edgar B. Bayley, J. . cc: Charles Rector, Esquire - Counsel for Mother Diane S. Baker, Esquire - Counsel for Father I!\'" ... c" ......" TRUE COry Fr..f"'t.~, r'L:.lA;nd,; In T\;1stimony Wlh; ,,' .' ;' do ,;e1' my hand an I the seal of s<:~d ,c~uri ,;,i Carlisle, Pa. .......q...... of.:J.aJ.L.., EXHIBIT B RECEIVED JUN 0 9 200~ JOANNE ZEPP Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 95-547 CIVIL ACTION LAW ALFRED A. WHITE, II Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13 day of ~ . 2005, upon consideration of the attached Custody Conciliation eport, It IS ordered and dIrected as follows: 1. The parties shall initiate counseling for the Child with Deborah Salem, LPC. The purpose of the counseling shall be to assess the Child's perspective concerning the custodial arrangements and to provide guidance to the parties in connection with the underlying basis for the Child's perspective as ascertained through the counseling. The Father shall be responsible to pay all costs for the sessions under this provision. 2. The parties shall obtain a supplemental custody evaluation from Arnold Shienvold, Ph.D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the Child's interest under the current circumstances. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Mother shall be responsible to pay all costs of the evaluation under this provision. 3. Pending further agreement of the parties or Order of Court, the prior Order of this Court dated January 9,2004 shall continue in effect. 4. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, /s/ ;;./ ~-' J6 1& ~ I I Edl:~. Bayley ~ { cc: Charles Rector, Esquire - Counsel for Mother Jeanne B. Costopoulos, Esquire - Counsel for Father TRUE COPY FROM AECORtJ In TIltiRlOfty whereof, , here unto set my hand and Ihe ... fIl ~ CarlIsle T~ /j~ ~. ~~~ .. (~ '~J ~--~ ProtttonolllV EXHIBIT C ~ ~ 8 ^ ~ ..iI ~ . A 'INT~V\ORK5 4335A North Front St. Harrisburg PA 17110 Tel 717-236-6630 Fax 717-236-6677 C.linical Director Deborah L Salem, CAe, LFC Associates Anthea L Stebbins, LSW Rebecca A. Green, LCSW vv e ~ - ~-.".. . -no . . Jeanne Costopoulos, Esq. 5000 Ritter Road Suite 202 Mechanicsburg, P A 17055 Charles Rector, Esq. 1104 Fernwood Avenue Camp Hill, PA 17011 " {jr tie July 21,2005 ~ Re: Dylan Zepp . =:!I:: Dear Attorneys: tl As you know, I have met with Dylan on two occasions for the purpose of identifying the seriousness of his desire to live with his father. I am writing to provide you with my findings so that you and your clients may determine an appropriate course of action from this point forward. ~ - ~ Dylan's desire to live with his father is strong, consistent, and based on a number of factors. According to Dylan, he is highly motivated to spend additional time with his father because he enjoys the similarity in interests he shares with his father (for example hunting, fishing, and tenting) as well as doing those activities together. Further, he fmds his father to be more trustworthy in general, and believes that his mother has lied to him on at least two occasions wherein she tried to keep him from being with his father during father's custodial time. Dylan stated that on two occasions his mother's paramour became physically aggressive with him after he refused to comply with orders. He is angry with and alienated by his mother's paramour's verbal apparent negativity toward father and mother's refusal to disapprove or stop it. He denies having less responsibilities while in father's custody, rather believes he has at least the same, if not more. He reports being more compliant with father's rules than mother's. Ideally, Dylan would like tb live in his mother's new home with his father. ~ .1- , Unfortunately, Dylan describes a long history of discord between his parents, as well as between mother's paramour and father (the latter being more recent than initially was the case). Additionally, I am aware that father and Dylan's sister have not spoken for some time. It is my impression that Dylan has experienced a significant level of uncertainty and insecurity about who to trust as ,a result of the unfortunate exposure to the negativity, hostility and unproductive contIict between his family members. In addition to his compatibility with his father, it appears that Dylan has become embroiled in the discord between his family members and has, in effect, taken sides~ 'I ~ n I would expect that without further investigation into and resolution of the apparent alienation issues, as well as effort through the decision-making process to demonstrate approval of Dylan's desire to have more time with his father (outstanding obvious reasons to interfere with the same), Dylan's behavior and emotionality about the issue are likely to worsen. I am of the understanding that if this matter should move to a custody evaluation, I would be required to provide additional information to the custody evaluator should they find that necessary. I am prepared to do so in order to fulfill my obligation to the case. EXHIBIT D '~'1. Riegler .Shienvold W & Associates CUSTODY RE-EV ALUATION Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Ph,D, Ann Vergales, ACSW, LCSW Kasey Shienvold, PsyD. Shanen Turk-Geller, LCSW Harvey H. Shapiro, MD William Dietrich, LCSW Sandra Wiley, LCSW JOANNE ZEPP vs. ALFRED A. WlllTE, n 95-547 CIVIL ACTION LAW Referred By: Order of Court dated June 13, 2005 Referral Reason: To provide a supplemental custody evaluation and make recommendations regarding ongoing custody arrangements that are in the best interests of Dylan B. Zepp, DOB 1/8/92 Individual Interviews: Alan White Joanne Zepp Dylan Zepp Kevin Nelson Karen Frantz Pam and Brian Shover 10/5/05, 10/24/05 10/7/05,10/28/05, 1/11/06 11/9/05, 11/21/05 11/9/05 1/23/06 11/30/05 Psychological Testing: Millon Clinical Multiaxial Inventory-ill (MCMI-ill) * Joanne Zepp * Alan White State-Trait Anger Expression Inventory-2 (STAXI-2) *Kevin Nelson Sentence Completion Test *Dylan Zepp Additional Information: 1. Order of Court dated January 9, 2004, outlining current custody arrangement 2151 Linglestown Road, Suite 200 · Harrisburg, Pennsylvania 17110 · (717) 540-1313 . Fax: (717) 540-1416 Page 2 Zepp v. White 2. Letter to Mr. Arnold T. Shienvold, from Terry E. Zebulske, Pastor of Grace Community Church indicating that "Allen" has changed over the years and that he is a very caring father. He notes Dylan and Alan are very close. 3. Letter to: To whom it may concern, from Tony D. Samento, President, Samento Industrial Training Systems, Inc. The letter is very supportive of Alan's attempts to gain primary custody of Dylan and implies that Joanne has been very difficult with respect to cooperating with Alan's efforts to spend time with Dylan and Felicia. 4. Numerous e-mail messages exchanged between the parties indicating the degree of dissension and hostility in their communication regarding Dylan 5. Letter dated September 29, 2005 from Robbin Breakey to: To Whom It May Concern. Ms. Breakey is associated with the CV Youth Lacrosse Club. She indicated that there have been problems at the Lacrosse field secondary to Mr. Nelson and Ms. Zepp. She is supportive of Mr. White. 6. Letter from Thomas Perrotta to: To Whom It May Concern, regarding Joanne Zepp and Kevin Nelson. Mr. Perrotta has been Dylan's coach and his son and Dylan are friends. Mr. Perrotta has never heard Dylan complain about Kevin or Joanne and he appears to be secure and comfortable in his mother's home. Kevin and Joanne apply appropriate discipline and provide many activities. His letter is in response to Ms. Breakey's. 7. Letter from Jeffrey Dragas to: Dear Sir, regarding his friendship and observations of Alan White and his children. The letter stresses Alan's attempts to be a good father and how he has worked hard to provide what he could for his children. He notes Alan's faith as a mainstay of his s~ngth. 8. Certain school materials, specifically progress reports, from Joanne Zepp 9. Previous custody evaluation dated 11/10/03 The recommendations that follow are rendered after a thorough review using all of these procedures. P~e3 I ~pp v.IWhite Bac~round: Alan White is suing for primary physical custody of Dylan. Alan reported that Dylan has been "pteading" with him to allow him to live with him "full-time." Dylan's desire to live with lUs father, according to Alan, has increased significantly in the last year. It is Alan's opinion that because Dylan is older he is not "intimidated by his mother." Alan feels that Joanne's and Kevin's behavior is destructive for Dylan because they refuse to work in a cooperative manner with him. He feels that Joanne and Kevin are more concern~d with "hurting" him and create situations that are detrimental to Dylan. He gave several examples related to Dylan's participation in lacrosse to prove his point. Alan indicated that when he is not working, his time is devoted to Dylan. He noted that they "do everything together" when Dylan is with him. Alan reported that he had to make a rePort to Children and Youth about Kevin because he physically "abused" Dylan. According to Alan, K~vin "pushes, grabs and smacks" Dylan when he is in his care. Additionally, Alan alleged ~at Kevin and Joanne speak negatively about him to Dylan on a continual basis. On the other hand, Alan noted that he tries to stop Dylan from displaying any disrespect towards his mother 0r Kevin. Alan reported that he knows that Joanne loves Dylan, but believes that she is incapable of seeing hbw her behavior with respect to him is not best for Dylan. Alan noted that he and Dylan are somewhat limited in their activities together because they do not have much money. However, they always fmd things to do, especially because Dylan is very "accepting and content with the I situation." Alan believes that Dylan should primarily live with him and see his mother "when he wants." He is particularly concerned about Dylan's relationship with Kevin. Alan feels that Joanne needs to correct the issues he has mentioned before he can become trusting of her household. According to Alan, Dylan has said, at times, that he does not want to see his mother, but he is not sure that Dylan means that. However, he believes that Dylan is angry because his mother punishes him for wanting to spend time with Alan and wanting to live with him. Joanne does not agree that primary custody should be switched to Alan. She understands that there have been times when Dylan has indicated a desire to live with his father. However, she feels that Dylan has vacillated in that opinion and it has not always been a consistent desire. Joanne fears that Dylan is simply trying to avoid the rules and limits that are placed on him at her house. She also fears that Dylan is being negatively influenced by his father to hold that opinion. Joanne feels that Dylan fears he will be rejected by his father ifhe does not say that he wants to live with him. , ' Page 4 Zepp v. White Joanne reported that Dylan is not allowed to display any affection towards Kevin because it upsets Alan. She reported that Alan's portrayal of the relationship between Kevin and Dylan is not accurate. However, she admitted that Dylan has demonstrated increased distance and disrespect towards her and Kevin over the last year. Finally, Joanne is convinced that a large part of Alan's desire for custody is motivated by his desire to end his child support obligation. In fact, if Alan gets primary physical custody, he will be entitled to receive child support. Joanne has always felt that the fmancial obligation was a large part of Alan's motivation for custody. Dylan Zepp: Dylan is 14 years old. He attends the Good Hope Middle School where he is in the 8th grade. Joanne noted that Dylan's school work began to slack somewhat last year. She provided progress notices that indicated that he was having difficulty with math and social studies. Dylan was not handing in his homework, even after Joanne had checked that he had completed it at home. By the end oflast year, Dylan was passing all subjects, but his grades were primarily e's. Joanne feels that Dylan's potential is higher than simply an average student. She tries to review his work, but in 8th grade there is no "homework hotline" for parents. Joanne is fairly certain that Alan does not check his homework and Dylan rarely completes homework at his father's house. Last year, Joanne limited Dylan's activities, including lacrosse, because of his problems in school. She did not feel that Alan supported her interventions. Alan noted that Dylan would not have to change schools ifhe came to live with him. Alan admitted that he does not have much information about Dylan's schooling. He reported that Joanne does not share information with him, but he has done little to proactively fmd-out how Dylan is doing in school. He noted that he was aware that he could e-mail the school to discuss any problems, but he has not taken advantage of that opportunity. On the other hand, Alan stated that he has concerns if Dylan is lying about homework. He noted that he would ground Dylan if he was not completing his homework assignments. Alan reported that he is aware that Dylan has a problem with completing assignments, but believes that he needs to be responsible for his own homework. Alan feels that there are "natural" consequences he must face. Alan reported that Dylan's personality has gotten somewhat quieter and he has become more withdrawn. Alan reported that Dylan chats on the internet with friends while he is at his house. However, he must finish his homework first. Alan feels that the custodial situation has "worn on him," and that he is thinking more about the custodial problems, especially his mother's unwillingness to allow him to live with his father. Page 5 Zepp v. White Joanne wants to insure that Dylan becomes a well-rounded young man who is respectful. She admitted that Dylan has always "hated going back and forth between houses." She perceives him as compassionate and funny. He enjoys sports and is especially enthusiastic about golfing. He is a very polite and sensitive child, but has been more disrespectful towards her and Kevin lately. She believes it is a function of the custody situation. Joanne reported that she is not concerned about Dylan being involved with drugs or alcohol. He does not hang with a group of friends about whom Joanne has to worry Joanne believes that Alan has consistently tried to drive a wedge between Kevin and Dylan. She feels that as a function of Alan's insecurity, Dylan withdraws from Kevin and becomes disrespectful. She does not believe that Dylan has reached a point where he needs counseling to deal with his feelings about all of these issues. However, if Dylan were to live with his father, Joanne is fearful that he would become lazy, that he would not live-up to his commitments with activities and responsibility, that he would have less structure causing his grades to drop and that he would use inappropriate language. Alan does not perceive Dylan as being either anxious or depressed. He describes him as being ''thoughtful.'' He feels that Dylan's moods fluctuate, but believes that is common for teenagers. He noted that most of Dylan's complaints are about his mother. When Dylan complains about his mother, Alan tells him to speak directly to her about any problems. Alan noted that Dylan rarely misbehaves when he is in his care. For the most part Alan simply talks with Dylan about his behavior and he self -corrects. He also tells Dylan in advance what the consequences will be if he misbehaves. Alan feels that Dylan is seeking greater independence and that this is a transition point in his life. Alan appears more willing to allow Dylan greater independence than he may get with his mother. For example, Alan would allow Dylan to go alone to a mall if it was early in the day and if it were a mall Alan felt was safe. He would also allow him to go with friends "within reason." Joanne is less inclined to allow that type of independence at this time. In fact, one of the differences in parenting between Joanne and Alan is related to Joanne's belief that Dylan is still in need of greater supervision in many areas of his life. Dylan presented as a very friendly, conversant young boy who was appropriately dressed for both of his appointments. He is somewhat short, but athletic in build. He smiles easily and seemed comfortable talking during his sessions. Dylan wears braces and his mother reported that he needs glasses for his school work. Dylan appeared to have a tic with respect to some head movement. Dylan reported that he is in the 8th wade. He stated that his grades varied, but were primarily in the 70's and 80's. He did not believe that his father was yet aware of his current grades, but his mother had grounded him from the internet for two weeks pending his raising his grades. Dylan felt that his father would not be happy when he found out about the grades. Page 6 Zepp v. White According to Dylan, his father is "strict" and will push him to do well. He believed his father would "get mad and take away his video games." Dylan reported that one of his problems is that he puts his homework in his locker and forgets to take it out. Dylan reported that at his mother's house he has to do homework before dinner, which is between 5:30 and 6:00 p.m. every night. Dylan gets home from school at about 3:20 p.m. He reported that his mother or Kevin checks his homework after dinner, which he finds annoying because "they try to make it perfect." When he goes to his father's house, he brings homework with him and is expected to do it when he gets there. Dylan reported that his father also checks his homework, but is "cool" about it. According to Dylan, his father makes him laugh, so it is not as annoying. Dylan reported that his mother makes dinner every night and that they eat as a family. Generally there is dinner conversation, but Dylan fmds that "boring." He noted that he is the first done with dinner and has to sit until everyone has completed dinner. At his father' house, he and his father eat "buffet" style. They take their food into the living room and playa video game or watch.sports on television while they eat. Dylan stated that he likes it better that way. Dylan is involved in indoor and outdoor lacrosse. He reported that his mother signed him up for the various seasons. Dylan also played football for the CV middle school team in the past. His games were on Saturdays and he practiced nightly. Either his mother or father drove him to practice, although he did not play this past year. Dylan was previously involved in judo, but "just stopped." He stated that he did not like to get up early and that he does not miss going. It should be noted that Kevin got him involved in judo. Dylan reported that his father does not like Kevin, but he is uncertain why he doesn't. According to Dylan, he has never seen Kevin do anything to his father. He is aware there was an incident at the lacrosse field, but according to Dylan, he was in the truck at that time. Dylan stated that Kevin doesn't feel good about his dad. He noted that Kevin says negative things about Alan, such as he is a loser. He reported that his mother will call his father an "A-hole." Dylan denied that Alan says bad things about Kevin, but admitted that his father has said "one or two things" about his mother. Dylan was aware that his father does not agree with his mother about the amount of time that Dylan spends with him. Interestingly, Dylan believes that his mother wants him to spend more time with his father because he loves him, but she does not want him to spend all of his time with him. Dylan reported he wants to be mostly with his father. He reported that his father 'doesn't lie to me." Specifically, Dylan feels that his mother lies to him about his father being a bad person and not knowing how to be a parent." Page 7 Zeppv.White At his second appointment, Dylan reported that his school grades had improved somewhat. He was doing much better in math. He was excited about the fact that he was getting new golf clubs and a drum set for Christmas. Golf is becoming a passion of Dylan's and he enjoys playing golf with Kevin. His relationship with his mother had improved somewhat, although he continued to prefer to live with his father. Interestingly, Dylan indicated that he could accept a shared custodial schedule. Dylan reported that he likes Karen, his father's new girlfriend. Dylan completed the Sentence Completion Test. That instrument requires a child to complete partially started sentences. The test is designed to access feelings and thoughts that a child m*y not normally share in direct conversation. In his responses, Dylan demonstrated some typical adolescent themes. For example, he sees himself as honest, he wants to go to Syracuse for college and he gets angry when he is not allowed to do what he wants. Dylan appears to have a relatively good self-image. He feels that his mother "annoys" him and he states a consistent preference to live with his father. He enjoys being with his friends more than his family and he likes school. He notes that both of his parents believe that he is a good person. Analysis: There is no question that Dylan Zepp wants to spend more time with his father. Although Joanne complains that Dylan would not have the supervision he needs ifhe resided with his father and that he would become irresponsible, Dylan describes his father as concerned about his school work, strict in his application of rules and vigilant about his behavior. There was little doubt th~t he is angry at his mother for not allowing him to go to his father's house more frequently and that anger comes out in some disrespect towards her. He also expresses it in his perception of his mother as being "annoying." Additionally, Dylan resents that his mother perceive~ his father as irresponsible as a parent. I Joanne continues to work for the P A Health Care Cost Containment Council. She has a responsible job and has had no difficulties associated with her job. During the course of the evaluation, she and Kevin Nelson married. They had been together for many years and more recently bought a house together. Joanne indicated that she was experiencing no problems in her life except the on-going issues associated with the custody situation. Joanne demonstrated a good knowledge of Dylan. She tries to employ an authoritative parenting style in which she uses consistent limits in dealing with Dylan's behavior. She focuses on teaclrlng responsibility and is very involved in all aspects of her son's life. Joanne tries to allow some independence, but not to the same degree that Alan allows Dylan. However, there was nothing in her parenting that appears abnormal, abusive or neglectful. On the contrary she is attentive.to Dylan's needs. . ' Page 8 Zepp v. White Unfortunately, Joanne appears to display her feelings about Alan to Dylan, which causes great conflict and anger for him. Joanne's lack of respect for Alan is not hidden from her son. Joanne completed the MCMI-ID for this evaluation. The results of her testing indicate that she is a generally well-functioning woman who tries to seek the approval of others through social conformity. In this testing, Joanne was reluctant to admit to psychological problems. That is not surprising given the nature of the evaluation, but it may indicate a more general lack of insight into psychological issues. There are signs of anxiety and insecurity in the test results. Generally an optimistic and positive person, Joarute may, at times, overreact or over-dramatize certain situations. She tends to over-control any resentment that she experiences, which only tends to increase tension. Also, Joanne is a person, who is likely to pay attention to detail, perhaps at the expense of the larger picture. Nonetheless, she is likely to be highly reliable and responsible. i Alan continues to work for the same company at which he was employed during the last evaluation. The job allows him considerable flexibility in his work schedule. Alan has been with the company approximately five years. He received a character letter from his employer for the evaluation. His employer appears to be happy :with his performance at work and as an individual. Alan ended a previous relationship about one year ago, but has subsequently started a relationship with Karen Frantz. Ms. Frantz met Alan through their work approximately a year ago, but did not have a face-to-face meeting with him until July, 2005. It was after that time that Ms. Frantz met Dylan, who she perceives as a great, out-going kid. Alan and Karen became engaged recently, although they have no specific wedding plans. Karen lives in Berwick, Pennsylvania Alan presented as friendly and cooperative. He denied any significant problems in his life since the last evaluation. In fact, after having faced some upset with the break-up of his previous relationship, he feels completely stabilized and happier than before. Alan noted that he gets strength and support from his contact with his church. Alan presented a parenting style that appears to be somewhat more relaxed than Joanne's. He is less wedded to specific routines, but voices t&e necessity for some structure, oversight and routine for Dylan. Alan seems to see a greater need for on-going growth and independence for Dylan at this time. Alan was sarcastic in his statements about Joanne and Kevin. He perceives Kevin as having an anger problem and he perceives Joanne as not acting in Dylan's best interests. Yet, he perceives Dylan as having develdped into a considerate, responsible and mature child under his mother's primary care. ' . ' Page 9 Zepp v. White Alan's MCMI-ill results are consistent with an individual who wanted to present themselves in a socially desirable manner. Therefore, he has denied any psychological problems, which may indicate a lack of insight into his psychological functioning or a naivete about psychological issues. The profile is associated with generally well-functioning individuals who are experiencing some psychosocial stressors. There is some indication that Alan is likely to deal with conflict inclliectly and with passive-aggressive responses. Sometimes these men present themselves as very confident and self-assured as a way of covering deeper feelings of inadequacy. Kevin Nelson now works for the Dauphin County Emergency Management Agency. He is their manager of operations and works a regular 8:00 a.m. to 4:00 p.m. job. He recently changed to that job and he is happy with his decision. He feels that he and Joanne have a loving and secure relationship. Kevin perceives Dylan as an energetic, compassionate boy who is sensitive to others. He feels that Dylan is trying to grow in the freedoms he desires, but struggles academically due to some organizational problems. He is friendly, social and maturing. Kevin perceives himself as a "coach" for Dylan in all areas of his life. He echos the concerns raised by Joanne with respect to Dylan living with his father. Kevin reported that in spite of Dylan's defiance or disobedience, he constantly reinforces that he is not Dylan's father or step-father. Kevin completed the STAXI-2. This test measures an individuals level of situational anger and trait oriented anger. It measures how the anger may be expressed by the individual and how an individual controls that anger. Kevin's results indicate that he was not angry at the time of testing. Additionally, Kevin's answers to the questions suggest that he is not typically an angry person. He is about as likely as most people to experience anger in a variety of ways and situations. However, he scored low in categories associated with the outward expression of anger in negative ways, i.e. physically towards people or objects. He also denied the use of sarcasm or threats to deal with anger. Kevin's extremely low score suggests that he may have been consciously denying any of these behaviors because of the nature of the evaluation. Also, Alan alleged that Kevin is constantly trying to bait him into a fight. Karen Frantz is 52 years old. She works at Bloomsburg University as the Program Coordinator in the division of corporate and continuing education. She has been there for 18 years and enjoys her job. Karen lives alone in a home that she owns. Karen has been married three times. Her first marriage occurred when she was 18 years old. At that time she eloped. The marriage lasted five years and she has a 33 year old son, Chad, from that relationship. Chad and Karen are very close with Chad living next to his mother. After the divorce, Karen was the primary custodian of Chad. . ' Page 10 Zepp v. White Karen's second marriage occurred in 1984. She dated a man for about four years before marrying him. The marriage lasted four more years at which time he asked her to leave. Karen's third marriage was to a man with four young children. Again, she had dated for approximately four years prior to the marriage. It was not until after the marriage that she discovered that her husband was "deeply in debt" and could not hold a job. The marriage lasted approximately four years. Karen presented as a bright, articulate woman. She noted that she is a "saved Christian," who has rededicated herself to her faith. Karen appeared mildly uncomfortable in the interview situation, but was not overly anxious or nervous. In fact, her mood was somewhat subdued and there was some emotional flatness. She denied the use of alcohol or tobacco. Karen denied any significant physical problems other than high cholesterol. Karen reported that she has been in counseling for relationship issues and work related stress. She admitted that she does not sleep well and tends to be a worrier. She has experienced no legal problems besides her divorces. Karen considers herself "a simple person who is low maintenance and not hard to please." Karen completed the MMPI-2. Her profile is valid and she demonstrated very little defensiveness in answering questions. That is an unusual response pattern in custody evaluations as people tend to be more interested in presenting a good impression. Karen's clinical profile suggests that she experiences a low level of depression on a continual basis. She endorsed many items associated with depression and anxiety. Interpersonally, these women tend to be somewhat withdrawn and quiet. They appear shy, timid and reserved. Women with this profile tend to be self-depreciating and self-critical. Recommendations: There is no question that Dylan would like to spend more time with his father. He noted a preference to live primarily at his father's home, but indicated that he could "accept" a shared custody arrangement of week on/week off custody. Currently, Joanne and Alan use a shared custodial arrangement during the summer months. Although Alan has made allegations regarding the parenting of Joanne and Kevin, Dylan has shown relatively good adjustment throughout the time that he has been in his mother's primary care. It has only been over the last year that Dylan has experienced some increased problems in his school work. That could be a function of his overall adjustment to the expectations of middle school where there is a greater expectation regarding individual responsibility. However, as the conflict between his parents has increased, Dylan has shown increasing behavioral symptoms, including greater disrespect and disobedience with his mother and Kevin. Therefore, one cannot rule out the conflict as one of the major sources of Dylan's behavior problems. However, Joanne has always been very attentive to Dylan's educational, medical, dental and extra-curricular needs. .. . Page 11 Zepp v. White Nonetheless, at this point in time, Dylan is interested in more time with his father. Alan has been showing increased participation in Dylan's life. He has been particularly involved in Dylan's lacrosse, coaching his team the last couple of years. Additionally, Alan reports, and Dylan confirms, that he has been attentive to Dylan's homework and other interests. Alan has, at times, not been as supportive of Dylan's activities as he could have been. However, he has felt that he was not consulted in choosing the activities and the activities interfered with some of his custodial time. Alan's explanations about not being more actively involved in Dylan's schooling were somewhat weak: and indicative of a lack of proactive involvement. Although he appears to favor placing the responsibility on Dylan, given Dylan's organizational problems and tendency to become academically lazy, Dylan needs greater supervision at this time. He is still somewhat young to be left totally to his own motivation. However, Alan seems concerned about Dylan's schooling and has some rules in place to structure homework time. As a teenager, Dylan is seeking greater independence and autonomy in his life. These are the normal themes of adolescence. Additionally, he is experiencing a need for greater identification with his father. They appear to have a v~ry good relationship and a greater affinity for one another at this time than do Dylan and his mother. Dylan's reasons for spending increased time with his father appeared relatively mature and consistent with his developmental needs. They did not appear to be only a result of trivial situational issues, even though he does not like that his mother is more protective and more closely supervises him. Given all of the dynamics of this family and the situational factors, it is recommended that Dylan's time be equally divided between his mother and father. It is recommended that the week on/ week off schedule employed during the summer be extended to the school year. Although Dylan indicated a preference to be primarily with his father, there remains some uncertainty regarding Alan's involvement with Dylan's schooling and his ability and willingness to apply consistent rules and structure. Furthermore, it is a consistent finding in the literature on custody that children who have significant time with each of their parents show better adjustment overall socially and emotionally. Additionally, in this particular case it should help relieve some of Dylan's frustration ifhe feels that his desire is being considered in the overall custody arrangement, but should not create as much of a loyalty bind if he continues significant time with his mother. The week on/week off schedule will actually decrease the number of transitions between the households. Many of the problems that have existed between the parents have occurred at the time of transition. Therefore, the conflict should be decreased somewhat by this schedule. Of course, these parents need to come to the point of showing greater mutual respect and trust. There communication with one another is not good. They rely on using e-mail and Dylan to transmit messages and information. There is also a significant tendency for each to be uncooperative with the other's requests. . .. Page 12 Zepp v. White Unfortunately, the only person truly hurt by that behavior is Dylan. It is recommended that all other aspects of the custody agreement remain the same. It is not believed that Dylan is in need of counseling at this time. His misbehavior with his mother is being handled well by her. Additionally, there is no indication that Kevin is abusive to Dylan. Whatever situations occurred in the past, they do not appear to have been of the type that Children and Youth needed to be involved. However, CYS investigated the complaints and they were unfounded. It is important that both parents remain active in their knowledge of how Dylan is doing in school. They cannot allow that area of his life to go unsupervised because he has problems with self-monitoring. Each of these parents need to stop there negative behavior with respect to one another. Joanne and Kevin have had a tendency to talk negatively about Alan in front of Dylan. This causes him great anguish, pushes him to defend his father and creates a loyalty issue for him. On the other hand, Alan has not been as supportive as he could be of Joanne's decisions regarding limits and behavior for Dylan. He also shows a lack of appreciation for the good job she has done in her care of Dylan. The e-mails that the parents provided to support their individual positions actually demonstrate the lack of cooperation that each shows at various times. All of that behavior needs to cease regardless of the specific custody arrangement. /i ,./ I.: ,~," ./ [ ~ " }!.J/ ( Vt;l""l t":'iJ /", ~:--' 1~', \' f!" ;, .I (~'-/;.-~fe_,/? 3/ .p 1 / 0 L. Date Arnold T. Shienvold, Ph.D. ^=J ~ fJ:. ~ . ~ a ~ t) ~ r! ~~ ~ r, " , () c_,'" -T') , :-:1 r':':ll.~i r '"; t,< j ~ ) ,,". t .~" .< , _, t u..~ovot,y JOANNE ZEPP, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant : CIVIL ACTION - AT LAW : CUSTODY ORDER OF COURT AND NOW this 5l.l.. day of 4~ ' 2006, upon consideration of DEFENDANT'S PETITION FOR SPECIAL RELIEF FOR MODIFICATION OF CUSTODY SCHEDULE, a Rule is hereby issued on the Plaintiff to show cause why the requested relief should not be granted. Rule returnable at a hearing to take place in Courtroom No.2 of the Cumberland County Courthouse on the \ *'- day of ~ . 2006 at :2 30 f-m.. b,DU ~\) D !l.. r- o ti- C - (.l.- Li") I \ :;:::~~ ~ ~l ~:;; C....l ::.J (.) JO ANNE NELSON (formerly Jo Anne Zepp) PlaintifflRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 95-547 CIVIL TERM ALFRED A. WHITE, II DefendantJPetitioner CIVIL ACTION - AT LAW IN CUSTODY STIPULATION This Stipulation is made this 12th day of July, 2006, by and between Jo Anne Nelson, formerly Jo Anne Zepp (hereafter "Mother") and Alfred A. White, II (hereafter "Father"): WI1NESSETH: WHEREAS, Petitioner, Alfred A. White, II, filed a Petition for Special Relief on June 29, 2006, which Petition is scheduled for hearing before the Honorable President Judge Edgar B. Bayley on July 13 ,2006, at 2:30 p.m.; and WHEREAS, the parties have mutually agreed to resolve the issues contained in said Petition and further desire to avoid the necessity of litigation. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agree as follows: 1. Father shall maintain physical custody of the parties' minor child, Dylan B. Zepp, born January 8, 1992, for the period from July 17,2006, through July 31, 2006, at 8:00 a.m., at which time the child will be returned to Mother. 2. The parties agree that the terms and provisions of this Stipulation shall be ~~.~ Jo Anne Z. Nelson ~P~7 Alfred A. White, II entered as an Order of Court. ~ ness ~f"~~ ..!O eP -(li ~IIV 'file- P 'DIP Off~ ~1 ~Cv ' p~ C ~ 't>oJJ> ~ " JO ANNE NELSON (formerly Jo Anne Zepp) Plaintiff/Respondent V. ALFRED A. WHITE, II Defendant/Petitioner ~ JUll 8 2DOV : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-547 CIVIL TERM : CIVIL ACTION - AT LAW : IN CUSTODY .' ~ ORDER AND NOW, this -,..v day of ~ ~, 2006, it is ORDERED and DECREED that the te~s and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Or of Court. J. \0 ,/0 0:CV \) I '~ :-":,.,'- ',,1.1 :::J" -> [L~!,J r-= L' (5 . , Gl GOO" o ,'-, c, C) ~"r:> ..--:" c:::) <~ -~j U AS OF CASE# 95 - !)~ HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. .,},~ \. '\. 'if . .... .. ot. \ ... ,,4 ~.!" I,. ..l~', .~.J .. 'l:. 't , JO ANNE NELSON, (formerly Jo Anne Zepp) Plaintiff/Respondent : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant/Petitioner : CIVIL ACTION - AT LAW : CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY SCHEDULE AND NOW, the Defendant, Alfred A. White, II, by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Alfred A. White, II, is Defendant above and hereinafter referred to as Father. 2. Respondent, Jo Anne Nelson, is Plaintiff above and hereinafter referred to as Mother. 3. The parties are divorced from each other. There is one dependent child from the relationship of Mother and Father, namely Dylan B. Zepp, born January 8, 1992, hereinafter referred to as the child. 4. The parties have previously been involved in litigation concerning the child in this court at the above docket number. The parties are operating under court order dated January 9, 2004 was entered pursuant to an agreement between the parties and has been attached as Exhibit A. 5. Father filed a Petition to ModifY Custody on May 9, 2005 in which he sought primary physical of the child. The averments contained therein are incorporated herein by reference as though fully set forth. 6. The parties attended a conciliation conference before Dawn S. Sunday, Esquire, on June 3, 2006 and a stipulated order was entered on June 13, 2006 in which the parties were ordered to have the child counseled by Deb Salem. Furthermore, the parties were ordered to submit to a supplemental custody evaluation by Dr. Arnold Shienvold. 7. Deb Salem submitted her report on July 21,2005. 8. Dr. Shienvold submitted his re-evaluation on March 27,2006. 9. While the parties were attempting to negotiate a settlement, Father filed Defendant's Petition for Special Relief for Modification of Custody Schedule on June 29, 2006 so that during his wedding week he would have custody of the child. The parties were able to settle this issue and on July 20, 2006, the Honorable Edgar B. Bayley signed an Order adopting the parties Stipulation for Entry of Agreed Upon Custody Order. 10. The Orders dated January 9, 2004 and June 13, 2005 as well as Deb Salem's report dated July 21, 2005 and Dr. Shienvold's re-evaluation dated March 27, 2006 are attached as Exhibits A, B, C and D respectively to Defendant's Petition for Special Relief filed June 29, 2006. Said Exhibits are incorporated herein by reference as though attached hereto. 11. Father desires the current order be modified such that the parties share physical custody all year on an alternating weekly basis. Father further requests the court order that the parties take turns claiming the child for tax purposes. WHEREFORE, Father respectfully requests the court to adopt an order for shared physical custody on an alternating weekly basis. DATE: fir 0 !ZtfrJ-V> BY: RESPECTFULLY SUBMITTED: eanne B. Costopoulos, e ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 P A Supreme Ct. ID No. 68735 JO ANNE NELSON, (formerly Jo Anne Zepp) Plaintiff/Respondent : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant/Petitioner : CIVIL ACTION - AT LAW : CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney of record for Alfred A, White, II, Defendant. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. BY: anne B. Costopou os, uire ATTORNEY FOR PLAINTI 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 P A Supreme Ct. ID No. 68735 7 !lU/Z-tTd l DATE: JO ANNE NELSON, (formerly Jo Anne Zepp) Plaintiff/Respondent : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, DefendantlPetitioner : CIVIL ACTION - AT LA W : CUSTODY CERTIFICA TE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I personally served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Charlie Rector, Esquire 1104 F emwood Avenue Suite 203 Camp Hill, PA 17011-6912 BY: eanne B. Costopoulos, s 're ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 P A Supreme Ct. ID No. 68735 DATE: dj? o/z rrJ l \l;) ~ ~ v "" (J\, '^.' \ ~w ~& ~ C:::v <...J' ~ c:t C-, r"; r---) (::::':) f;:,,::J Cf"' --; ::r:"" o 11 ~ m~ lT~ ~, (.:..:, (," ) (A) o (:~) N ~.".;. .~c:-"l J -..... _.~.:,. f ~'. (:5 i't'1 ~" k:j :.< N \.0 JO ANNE NELSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95-547 CIVIL ACTION LAW ALFRED A. WHITE, II DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 06,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 04,2006 , the conciliator, at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. Custody Conciliator ;an The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 (717) 249-3166 ~ jp ~ ~ ~ tfJl7'1'~ ~ ~ ~ ~~tL, '0"N ~ fe'$~4-;PJ ;y~~ ::~:i\Jn8 tIS :21 Pcl 0_ ,"(" en".' .., .,:1.:,) )uUi. -. . JO ANNE Z. NELSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-547 CIVIL TERM ALFRED A. WHITE, II Defendant CIVIL ACTION - AT LAW IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, JoAnne Z. Nelson, Plaintiff, and Alfred A. White, II, Defendant, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, JoAnne Z. Nelson (the Mother hereinafter) and Alfred A. White, II (the Father hereinafter), have born to them on January 8, 1992 a child, Dylan B. Zepp (the Child hereinafter); and WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the child. The parties agree that major decisions concerning the child including, but not limited to, the child'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 child's best interest. Each party shall notify the other of any activity or circumstance concerning the child 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 need to be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any necessary immediate decisions. However, that party shall inform the other of the emergency and consult with her or him as soon as possible. Each party shall be entitled to &... 'to . ." .' Jt>,. C. MEMORIAL DAY I LABOR DAY: In every year, Mother shall have custody of the child for the entire Memorial Day weekend beginning immediately after school ends before the holiday break through the morning of the first day back to school after the holiday. In every year, Father shall have custody of the child for the entire Labor Day weekend beginning immediately after school ends before the holiday break through the morning of the first day back to school after the holiday. D. Julv 4TH: The Independence Day holiday shall run from July 3rd at 6:00 p.m. through July 5th at 8:00 a.m. Mother shall have custody of the child over the Independence Day holiday in even numbered years and Father shall have custody in odd numbered years. E. THANKSGIVING: The Thanksgiving holiday shall run from immediately after school ends before the holiday break through the morning of the first day back to school after the holiday. Mother shall have the child over Thanksgiving in even numbered years and Father shall have custody in odd numbered years. F. MOTHER'S DAY I FATHER'S DAY: The holiday period of custody shall begin from immediately after school ends (or at 4:00 p.m. if there is no school) on the Friday before the holiday through the beginning of school (or at 8:00 a.m. if there is no school) on the Monday after the holiday. Mother shall have custody of the child every year on Mother's Day weekend and Father shall have custody of the child every year on Father's Day weekend. G. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. Subject to the provisions of paragraph 6 of this Order, all exchanges of custody on school days shall take place with the child riding the bus to and from Father's residence. Unless otherwise agreed between the parties, Father shall be responsible to make arrangements to provide all transportation for exchanges of custody which do not take place on school days. complete information from any doctor, dentist, teacher, professional or any authority concerning the child and to have copies of any reports given to eithef party as a parent. The parties shall cooperate with each other in discussing and selecting the activities in which the child will be involved before the child is enrolled in said activities. Except for firehouse activities, Fathef shall be given the first opportunity to be involved with the child as a coach, assistant coach or co-participant in activities. In the event Father is involved in this capacity, Mother's husband, Kevin Nelson, shall not become actively involved in the activity. 2. The parties shall share physical custody of the child on an alternating weekly basis with the exchange to take place each week on Monday at 8;00 a.m. This schedule shall commence on September 18,2006 with Father obtaining custody of the child. 3. The child's primary residence for health care purposes shall remain Mother's residence until such time as she no longer carries him on hef insurance policy. Fathef agrees to provide comprehensive health cafe coverage for the child in the event Mother no longer carries him on her policy at which time Father's residence shall become the child's primary residence for health care purposes. 4. The parties shall share custody of the child on major holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from immediately after the end of school befofe the holiday break through Christmas Day at 6:00 p.m. and Segment B, which shall run from Christmas Day at 6:00 p.m. until the next school day. In odd numbered years, Father shall have custody of the child during Segment A and Mother shall have custody during Segment B. In even numbered years Mother shall have custody of the child during Segment A and Fathef shall have custody during Segment B. B. EASTER: The Eastef holiday period of custody shall begin immediately after school ends before the holiday period break through the morning of the first day back to school after the holiday. Father shall have custody of the child over the Easter holiday in even numbered years and Mother shall have custody in odd numbered years. ~ , ~... . . ~ 6. Both parties shall ensure that the child completes all homework assignments, which are due the following day during his or her periods of custody. In the event the child fails to complete homework assignments during either party's periods of custody as specified in this provision on at least two occasions, counsel for either party may contact the custody conciliator to schedule a telephone conference. The parties agree that the shared custody schedule shall be adjusted to enable the child to complete homework assignments in the event of either party's failure to comply with this provision absent extenuating circumstances beyond his or her control. 7. The parties shall ensure that appropriate clothing for the child is exchanged and returned in a civil and cooperative manner to avoid conflict or embarrassment to the child. 8. In the event either party intends to relocate his or her residence outside the school district in which the child is enrolled, that party shall provide at least sixty days advance notice to the other party to enable the parties to make necessary changes to the custody arrangements either through agreement or through the legal process. 9. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during his or her periods of custody. The parties shall ensure that third parties having contact with the child comply with this provision. 10. Neither party shall do or say anything that 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. Both parties shall ensure that third parties having contact with the child comply with this proVlsIon. 11. The parties shall use the child's legal name. 12. To prevent both parties from claiming the child for tax purposes in any given year, Mother shall claim the child on her 2006 tax return and for all even-numbered tax returns thereafter and Father shall claim the child on his 2007 tax return and for all odd-numbered tax returns thereafter. 13. The parties may modify the provisions of this Stipulation by mutual consent. In the absence of mutual consent, the terms of this Stipulation shall control. 14. This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Stipulation be entered as an order of court at the request of either party, hereby set their hands and seals and the date of their acknowled ement. Date: cJ / / tj /tXJ; Signature: ALFRED A. WHITE, II Date: ~'-/S -O~ (") ~ = ~ C = < 0" ;t:!W <:n ~ cr'f r, f'Tl ~1..:: ~t.. i .." rnflJ .::::,-" t..._ N :}3e (I? N () . :.,- ::.::lS;1 .......':':". -0 "'.;: ("". ;.1-'1 :J:: ,,)- j;~ za w Om -j 0 ~ ........ c...> -< . . ....~ IRE(----" ~.T""\ IT...,-ii.c.i..../. ." -.. 1....< :'. '> ,,'~. i~' . SEP .2 !l 2006 ! IBY:$_._,_~ :cJ JO ANNE Z. NELSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 95-547 CIVIL TERM ALFRED A. WHITE, II Defendant : CIVIL ACTION - AT LAW : IN CUSTODY ORDER OF COURT AND NOW, this :2-q day of ~ ,~006, upon consideration of the attached Stipulation for an Agreed Order of Custody which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Stipulation is hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter are hereby vacated. J. ~ .. .. .) OF n./lLf{9-1.)i-.;i..iCr::: it:: ..-t,,!,0"'.! (~. 1_ f '- :<1\'(jTAR 2006 OCT _ . ,. i ..y 2 AN//. '""I. , . ?r 1,:.I! , " . "- 0 IY~:~~:!.\"., '_'jl: I'. " "./ \, \.", v1' '" '..' \.//\j 'Y' '.> , LJ~{i!\,'ftl I . -"1. JO ANNE Z. NELSON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-547 CIVIL TERM ALFRED A. WHITE, II Defendant CIVIL ACTION - AT LAW IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, JoAnne Z. Nelson, Plaintiff, and Alfred A. White, II, Defendant, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, JoAnne Z. Nelson (the Mother hereinafter) and Alfred A. White, II (the Father hereinafter), have born to them on January 8, 1992 a child, Dylan B. Zepp (the Child hereinafter); and WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the child. The parties agree that major decisions concerning the child including, but not limited to, the child'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 child's best interest. Each party shall notify the other of any activity or circumstance concerning the child 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 need to be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any necessary immediate decisions. However, that party shall inform the other of the emergency and consult with her or him as soon as possible. Each party shall be entitled to OCT J 0 2006 tti Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JO ANNE NELSON vs. 95-547 CNIL ACTION LAW ALFRED A. WHITE Defendant IN CUSTODY ORDER AND NOW, this 4th day of October 2006 , the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today, October 4, 2006, is cancelled. FOR THE COURT, /~ ( l.-c Dawn S. Sunday, Esquire Custody Conciliator 1- s~f\ , '~ .' . .~.~ ;i~ r~~~ ~: ;dw LL. ;:r: r-- LL o >: ~ ~.:..~ o - - Vi q:-- ~:~ '- >) 6 ....0 = = C"-..J ,:i "0.::.;" =5 o