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HomeMy WebLinkAbout06-4635Ryan Bopp, V. Katrina Bopp, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - L1631' CIVIL TERM Defendant : IN BPV6ReE Ca1? COMPLAINT FOR CUSTODY 1. The plaintiff is Ryan Bopp, residing at 22 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Katrina Bopp, residing at R.R. 5 Box 3694 or 1426 W. Franklin Street, Salem, Missouri 65560. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Beecher A. Bopp R.R.5 Box 3694 or 5-4-02 4 years 1426 W. Franklin Street Salem, MO 65560 Brogan R. Bopp R.R. 5 Box 3694 or 10-11-05 1 year 1426 W. Franklin Street Salem, MO 65560 The children were not born out of wedlock The children are presently in the custody of Katrina Bopp, residing at R.R. 5 Box 3694 or 1426 W. Franklin Street, Salem, Missouri 65560. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Ryan & Katrina Bopp 17678 Cumberland Hwy May 2002 to May 2005 Newburg, Pa 17240 Ryan & Katrina Bopp 1331/2W. King Street May 2005 to May 2006 Shippensburg, Pa 17257 Katrina Bopp May 2006 to present 4. The mother of the children is Katrina Bopp, residing at R.R. 5 Box 3694 or 1426 W. Franklin Street, Salem, Missouri 65560. She is married. The father of the children is Ryan Bopp, residing at 22 Walnut Street, Boiling Springs, R.R. 5 Box 3694 or 1426 W. Franklin Street Salem, MO 65560 Cumberland County, Pennsylvania 17007. He is married. 5. The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with the following persons. Name Heather Rexloth 6. Relationship Friend The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons. Name Relationship Mary Phoenix Mother Phil & Ruthie Kruger Mother's friends 7. 8. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children until Defendant left residence with children. Plaintiff is best able to provide the care and nurture which the children needs for a healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. Defendant's erratic behavior poses a threat of harm to the children. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER & WHARE Date: l t G t Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff Leslie A. Tom ,Esquire 155 South Hano er Street Ryan Bopp, V. Katrina Bopp, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : NO. 06 - CIVIL TERM Defendant : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: V/ v(, ?OZBg?V, P' ff Ryan Bopp, V. Katrina Bopp, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06 - CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day sent a copy of the within Custody Complaint upon the following by Professional Process Service in the United States out of Carlisle, Pennsylvania, addressed as follows: Katrina Bopp R.R. 5 Box 3694 and 1426 W. Franklin Street Salem, MO 65560 Date: f l1 p 6 /ttgo4l?k? L slie A. Toi o, Esquire 155 South H over Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff w n g i : ? . C N 7a 0 1 RYAN BOPP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOPP DEFENDANT 06-4635 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 15, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 22, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gtlro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Of HINHA1,lSNN3d 91 :11 wv 91 9nv 9602 KdVICNORLOdd 3H1 dO 301?a 0-a31H RYAN BOPP, Plaintiff V. KATRINA BOPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4635 CIVIL TERM : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Katrina Bopp, in the above captioned case. Jessa Holst, Esquire Mid Venn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 9 • ty - 0 ks'- RYAN BOPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4635 CIVIL TERM KATRINA BOPP, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Katrina Bopp, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Leslie Tomeo, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: 01 " (# - 0 U Tessic? MIA," Esquire MidP nn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 n u (, G rn 'sy ?. 1 rJ O in ?? ', r,3 G 7- JS X G? i 4 SEP 2 6 2006 ,1V RYAN BOPP, : IN THE COURT OF COM -PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KATRINA BOPP, NO. 06-4635 Defendant IN CUSTODY COURT ORDER AND NOW, this 04A day of September, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on Monday, December 11, 2006 at 1:30 p.m. At this hearing the Father, Ryan Bopp, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with this Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following Temporary Order is entered: A. The Father, Ryan Bopp, and the Mother, Katrina Bopp, shall enjoy shared legal custody of Beecher A. Bopp, born May 4, 2002 and Brogan R. Bopp, born October 11, 2005 B. There shall be no determination on primary physical custody of the children pending the hearing. Mother shall retain physical custody of the minor children pending the hearing subject, however, to two relatively lengthy periods of custody with the Father pending the hearing. Legal counsel for the parties shall discuss potential travel arrangements and times of custody with their clients and attempt to work out an agreement pending the hearing. Absent an agreement, legal counsel for the parties may contact the custody Conciliator who shall file a Supplemental Report with this Court designating a custody schedule for the Father pending the hearing. C. The parties shall enjoy reasonable communication with the minor children when the children are in the other parent's custody, which communication may include internet communication. However, both parents are instructed to monitor their internet communication systems so that there are no inappropriate photographs or inappropriate verbiage on their communication system that the children may observe. cc ie Tomeo, Esquh !;Ssica Holst, Esquir, A OF Thy' 20Pj5 0C'T -2 A'N I I : 26 RYAN BOPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KATRINA BOPP, : NO. 064635 Defendant : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Beecher A. Bopp, born May 4, 2002 Brogan R. Bopp, born October 11, 2005 2. A Conciliation Conference was held on September 22, 2006, with the following individuals in attendance: The Mother, Katrina Bopp, was available by telephone; Jessica Holst, Esquire, appeared on behalf of the Mother The Father, Ryan Bopp, with his counsel, Leslie Tomeo, Esquire 3. The Mother and Father were living together in Shippensburg until last May when an incident took place at the home and the Mother left the home and moved to Missouri. The Father has not seen the children since that time. Father is seeking primary physical custody. Mother is not in agreement with Father's request. A hearing is required. 4. The Conciliator advised the parties that the Father should have some significant periods of temporary custody with the minor children pending the hearing, especially in light of the fact that he has not seen the children since May. Legal counsel will work between themselves to arrange a schedule and, absent an agreement, they will contact the custody Conciliator to file a Supplemental Report and Recommendation to the Court to set a schedule. 5. The Conciliation recommends an Order in the form as attached. September, 2006 zi V?/-- trubert X. Gilr , Esquire Custody Co dliator RYAN BOBB, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOBB, DEFENDANT 06-4635 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this i M day of December, 2006, by agreement of the parties, this temporary order is entered regarding Beecher Bobb and Brogan Bobb: (1) Tomorrow, Tuesday, December 12, and Wednesday, December 13, the mother shall pick the children up at the father's residence between 9:00 a.m. and 9:30 a.m. and return them at 7:00 p.m. (2) The mother will be returning to her home in Missouri on Thursday and will again pick up the children from the father's home on December 30, 2006, at a time agreed to by them. By the Cou ./ Edgar-B. Bayley, J. /.lie A. Tomeo, Esquire For Ryan Bopp /esssica Holst, Esquire J For Katrina Bopp :sal Z v C\j 1 RYAN BOPP, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOPP, DEFENDANT 06-4635 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this "ZOO day of December, 2006, the following order is entered: (1) Ryan Bopp and Katrina Bopp shall have shared legal custody of Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. (2) The mother shall have primary physical custody of Beecher and Brogan, and the children may live with her in Missouri. (3) The father shall have periods of temporary physical custody of both Beecher and Brogan as follows: (a) Until Beecher starts kindergarten: (i) March and April 2007. (ii) July 2007 through two weeks before Beecher starts kindergarten. (b) After Beecher starts kindergarten: (i) From the first day Beecher and later Brogan are off school for each Christmas vacation period until January 1. 06-4635 CIVIL TERM (ii) Each summer, from one week after school ends until three weeks before school begins. (c) If the father visits Salem, Missouri, for such periods as any child is not in school. (d) At such other times as the parents may agree. (4) The parents shall set the time and location for transfers which, unless otherwise agreed, shall occur in Columbus, Ohio, which is about halfway between Salem and Boiling Springs. By the Courf,. Edgar B: Bayley, ?`-eslie A. Tomeo, Esquire For Ryan Bopp 'essica Holst, Esquire For Katrina Bopp :sal -4 -2- RYAN BOPP, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOPP, DEFENDANT 06-4635 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., December 29, 2006:-- Ryan Bopp, age 31, and Katrina Bopp, age 25, met in Wyoming where she lived. They married on September 14, 2001, and moved to Pennsylvania where his family lives. They have two sons, Beecher Bopp, age 4, born May 4, 2002, and Brogan Bopp, age 2, born October 11, 2004. In May 2006, the mother took the children to her mother's home in Salem, Missouri. On August 11, 2006, the father filed a petition seeking primary physical custody of Beecher and Brogan. The mother seeks primary physical custody and authorization for the children to live with her in Missouri. A hearing was conducted on December 11, 2006. The father moved from the marital residence and now lives with Heather Rexroth in a two bedroom apartment in Boiling Springs, Cumberland County. He testified that he became involved with Rexroth about five months ago and that they started living together about four months ago. She is single and has no children. She was a good friend of both the mother and father before their separation. The father was recently laid off as a forklift operator at Borders Distribution where he worked nights, Sunday 06-4635 CIVIL TERM through Wednesday, for the last three months. He is drawing unemployment and expects to be recalled. He has had three employers in the last year. The mother worked outside of the home before Beecher was born in May, 2002. She started working again in September, 2003. She stopped in the latter stages of her pregnancy before Brogan was born in October, 2004. The father and mother agreed that she should stay at home to care for the children. The mother testified that the father was very involved with Beecher but lost interest in his children after Brogan was born. She separated in May, 2006, after he committed an act of physical abuse against her for which criminal charges were filed by the police.' The mother had no money, no car and nowhere to go except her mother's home in Missouri. She was picked up by her aunt and uncle, who drove from Missouri. Just before she left, Heather Rexroth gave her $20. The mother did not go to a preliminary hearing on the criminal charges against the father because she was then in Missouri, and she was still hoping that the father would seek counseling that would lead to reconciliation. This resulted in the charges being dismissed. The father did not seek counseling. 2 The mother's thoughts of reconciliation ended when the father sent her threatening email messages and posted a picture of them having sexual relations on MSN. ' The father came home at 5:00 a.m. and attacked the mother. She was bruised and some of her hair was pulled out. 2The paternal grandmother, who spoke many times by phone with the mother in Missouri, sent an email to her stating that her son was not being fair to her and the boys by not seeking treatment. -2- 06-4635 CIVIL TERM The father has instituted a divorce action. By agreement, he had the children for ten days in October. He has had them again since November 25, and they are to go back with the mother at the end of this year. The father's parents live in Lykens, Dauphin County, and other members of his family, whom the boys know, live within about a two hour drive of Boiling Springs. The grandparents are close to Beecher and Brogan. The father complains that the mother is a big drinker, lazy and a lousy housekeeper. The father is currently in the Cumberland County DUI ARD program for driving under the influence in June, 2006. The maternal grandmother, Crystal Powell, lives about fifteen minutes from Salem, Missouri. Before the mother went to Missouri, the maternal grandmother visited her in Pennsylvania three times. The parents and children visited the maternal grandmother in Missouri several times. When the mother and children went to Missouri in May 2006, they stayed in the maternal grandmother's home for a few weeks until they moved to the four bedroom home of Phil and Ruth Krueger, and their two daughters ages 15 and 14, in Salem. The Kruegers have been family friends for about twenty years. Although they are not related to the mother, they have been like an aunt and uncle to her. The move into the Krueger home allowed the mother to seek full-time employment in Salem, which she obtained at an antique mall, Mondays through Fridays, 8:00 a.m. to 4:00 p.m.3 Beecher and Brogan are in their own bedroom. Beecher takes a bus to and from a Head Start program Mondays through Thursdays, 3 The mother is also working on her GED. -3- 06-4635 CIVIL TERM 8:00 a.m. to 3:00 p.m.° Ruth Krueger babysits for Brogan without charge. The mother pays for food for her and the children and helps with cooking and cleaning. She does not pay rent. She has just acquired a car and she hopes to be able to move into her own apartment in a couple of months. Ruth Krueger testified that the mother can stay in her home as long as necessary. The mother and the children now see the maternal grandmother every weekend. The ultimate determination in a custody case is what is in the best interest of the children. Ferdinand v. Ferdinand, 763 A.2d 820 (Pa. Super. 2000). When a parent seeks to have children live out of Pennsylvania, an analysis must be made of the factors set forth in Gruber v. Gruber, 400 Pa. Super. 174 (1990), which are: 1. the potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent; 2. the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; 3. the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent. In Beers v. Beers, 710 A.2d 1206 (Pa. Super. 1998), the Superior Court of Pennsylvania stated that it has consistently held that Gruber "refines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie." As to the first Gruber factor, the Superior Court stated in Anderson v. McVay, 743 A.2d 472 (Pa. Super. 1999): 4 Beecher will start kindergarten in the fall of 2007. -4- 06-4635 CIVIL TERM A court need not consider only economic benefits when determining whether relocation substantially improves the quality of life of the parent.... Rather, "when the move will significantly improve the general quality of life for the custodial parent, indirect benefits flow to the children with whom they reside." This is because "the best interests of the child are more closely aligned with the interest and quality of life of the custodial parent...." [T]here is no need ... to show an independent benefit, apart from that of [the moving party], flowing to the children because of the relocation. See Zalenko v. White, 701 A.2d 227, 229 (Pa. Super. 1997). (Other citations omitted.) In Ferdinand v. Ferdinand, supra, the Superior Court reversed an order of the trial court denying a mother's petition to relocate where non-economic improvements in the mother's quality of life and happiness would inure to the benefit of the children. See also, Burkholder v. Burkholder, 790 A.2d 1053 (Pa. Super. 2002). In the case sub judice, the mother going to Missouri was not the result of a momentary whim. It was the direct result of an act of physical abuse against her by the father whereby she felt compelled to separate. She had no money, no place to stay, and no realistic means of being able to adequately support herself and care for the children in this area. Even then she was hoping for a reconciliation, it was the father's subsequent abhorrent conduct which removed that possibility. The move to Missouri already has substantially improved the quality of the mother's life as a custodial parent. She has a safe and secure place for her and the children to live, she has obtained full- time employment which has enabled her to purchase a car, and she has the close support of her mother and her surrogate aunt and uncle. She would have no such support in Pennsylvania where even her friend, Heather Rexroth, is now living with the father. -5- 06-4635 CIVIL TERM Clearly, the integrity of the mother's motives in going to Missouri and then deciding to stay are sound. Her stable situation in Missouri, brought about by the support system she has there, has correspondingly improved the quality of life for Beecher and Brogan. The mother has always been the primary caretaker of Beecher and Brogan. Although the father is concerned about maintaining his relationship with his sons, it is in their best interests to live with the mother who is better able to care for them. Even through the drive to Salem, which is in central Missouri, is approximately fourteen hours, we can fashion a realistic custody order which will adequately foster an ongoing relationship between Beecher and Brogan with their father. ORDER OF COURT AND NOW, this day of December, 2006, the following order is entered: (1) Ryan Bopp and Katrina Bopp shall have shared legal custody of Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. (2) The mother shall have primary physical custody of Beecher and Brogan, and the children may live with her in Missouri. (3) The father shall have periods of temporary physical custody of both Beecher and Brogan as follows: (a) Until Beecher starts kindergarten: (i) Marchand April 2007. (ii) July 2007 through two weeks before Beecher starts -6- 06-4635 CIVIL TERM kindergarten. (b) After Beecher starts kindergarten: (i) From the first day Beecher and later Brogan are off school for each Christmas vacation period until January 1. (ii) Each summer, from one week after school ends until three weeks before school begins. (c) If the father visits Salem, Missouri, for such periods as any child is not in school. (d) At such other times as the parents may agree. (4) The parents shall set the time and location for transfers which, unless otherwise agreed, shall occur in Columbus, Ohio, which is about halfway between Salem and Boiling Springs. By the Court, 5/ 0 .6 6 Edgar B. Bayley, J. Leslie A. Tomeo, Esquire For Ryan Bopp Jessica Holst, Esquire For Katrina Bopp sal -7- RYAN BOPP, PLAINTIFF V. KATRINA BOPP, DEFENDANT AND NOW, this entered: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-4635 CIVIL TERM IN RE: CUSTODY ORDER OF COURT day of December, 2006, the following order is (1) Ryan Bopp and Katrina Bopp shall have shared legal custody of Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. (2) The mother shall have primary physical custody of Beecher and Brogan, and the children may live with her in Missouri. (3) The father shall have periods of temporary physical custody of both Beecher and Brogan as follows: (a) Until Beecher starts kindergarten: (i) March and April 2007. (ii) July 2007 through two weeks before Beecher starts kindergarten. (b) After Beecher starts kindergarten: (i) From the first day Beecher and later Brogan are off school for each Christmas vacation period until January 1. 06-4635 CIVIL TERM (ii) Each summer, from one week after school ends until three weeks before school begins. (c) If the father visits Salem, Missouri, for such periods as any child is not in school. (d) At such other times as the parents may agree. (4) The parents shall set the time and location for transfers which, unless otherwise agreed, shall occur in Columbus, Ohio, which is about halfway between Salem and Boiling Springs. By the Court, sI f- 66 Edgar B. Bayley, J. Leslie A. Tomeo, Esquire For Ryan Bopp Jessica Holst, Esquire For Katrina Bopp sal -2- RYAN BOPP, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOPP, DEFENDANT 06-4635 CIVIL TERM ORDER OF COURT AND NOW, this D& day of December, 2006, Defendant's Exhibit 2, is sealed. By the C Edgar B.'BayTey, Zeslie A. Tomeo, Esquire For Ryan Bopp essica Holst, Esquire For Katrina Bopp sal :l pry 1n {C no ( ,i ,[A iJ 1 ?.:..? I ) f le v? 4. Ryan Bopp, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Katrina Bopp, : NO. 06 - 4635 CIVIL TERM Defendant : IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner, Ryan Bopp, by and through his attorney, Karl E. Rominger, Esquire and in support of this Emergency Petition for Special Relief avers as follows: 1. Petitioner is Ryan Bopp who resides at 22 Walnut Street, Boiling Springs, Pennsylvania 17007 2. Respondent is Katrina Bopp, who resides in Salem, Missouri. 3. The minor children in question are Beecher A. Bopp, born May 4, 2002 and Brogan R. Bopp, born October 11, 2004. 4. On or about December 11, 2006, a custody Trial was held and an Order of Court dated December 29, 2006 was entered by the Honorable Judge Bayley. (Order of Court attached as Exhibit "A") 5. Said Order of Court gave Respondent primary, physical custody of children with Petitioner having temporary physical custody. 6. Since said Order of Court upon information and belief Mother has been kicked out of her residence, has moved approximately four times and has relocated with her mother and mother's boyfriend. 7. In addition, to the children residing with their mother, grandmother and grandmothers' boyfriend, they all reside in a trailer, with deplorable conditions and many pets. 8. Respondent was also not updating Petitioner with new contact information, so Petitioner did not have correct contact information for his children for days at a time. 9. Respondent is also believed to be working night shift from 7p.m. to 4a.m. and allowing the Mother's boyfriend to baby-sit the minor children while she is working, and he is disabled and not an ideal choice as a care giver. 10. In addition, Respondent is not keeping the children in clean clothes or shoes and sent the children to Petitioner's for summer visitation with only flip flops. 11. Respondent is not sharing information concerning the children's doctors' visits or any medical concerns or daily medical information with Petitioner, nor will she release medical records for Petitioner to review. 12. Lastly, Respondent has not enrolled child, Beecher Bopp in school for 2007 to 2008 school year. 13. Petitioner believes Respondent will be moving back to Pennsylvania once her brother is done fulfilling his army term, and she has indicated that is her intent. 14. Petitioner does have physical custody of children to date for his summer visitation with the minor children and does not wish to return the children until the above matters are resolved. WHEREFORE, Your Petitioner respectfully requests that this Honorable Court, grant a temporary order granting primary physical custody of the children to the father pending the scheduling of a hearing on the matters alleged herein. Date: July 27, 2007 Respectfully submitted, ROMINGER & ASSOCIATES '-'12 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner DEL-29-2006(FRI) 16:29 G Rag& P. 001 /009 v? RYAN.BOPP, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOPP, DEFENDANT 06-4635 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this day of December, 2006, the following order is entered: (1) Ryan Bopp and Katrina Bopp shall have shared legal custody of Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11,2004, (2) The mother shall have primary physical custody of Beecher and Brogan, and the children may live with her in Missouri. (3) The father shall have periods of temporary physical custody of.both Beecher and Brogan as follows: (a) Until Beecher starts kindergarten: (i) March and April 2007. (ii) July 2007 through two weeks before Beecher starts kindergarten. (b) After Beecher starts kindergarten: m ?-roM Trip- rrrst uHv nemunti dnu idLui oiuudii die u, -P,4,uu, iu, each Christmas vacation period until January 1. Exhibit ",A" DES-29-2006(FRI) 18:29 06-4635 CIVIL TERM (ii) Each summer, from one week after school ends until three weeks before school begins. P. 002/009 (c) If the father visits Salem, Missouri, for such periods as any child is not in school. (d) At such other times as the parents may agree. (4) The parents shall set the time and location for transfers which, unless otherwise agreed, shall occur in Columbus, Ohio, which is about halfway between Salem and Boiling Springs. Leslie A. Tomeo, Esquire For Ryan Bopp .Jessica Hoist, Esquire For Katrina Bopp :sal By the Court,._ . Edgar B. Bayley, -2- Ryan Bopp, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Katrina Bopp, : NO. 06 - 4635 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Ryan Bopp, do hereby certify that I this day served a copy of this Emergency Petition for Special Relief upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Attorney Jessica Holst 401 E. Louther St., Suite 103 Carlisle, PA 17013 Date: July 27, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner (1 ^=i y (' Ryan Bopp, V. Katrina Bopp, `JUL 872D07 10V : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4635 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this/ day of , 2007, upon consideration of the within Emergency Petition for Special Relie , hereby grant Father primary physical custody pending an Emergency hearing scheduled for day of a4w? - at ,: 30 o'clock Am. at the Cumberland County Courth Distribution: arrl E. Rominger, Esquire J/ssica Holst, Esquire A r ?" r? ?? ? ?? ? ?. ? .a, a. ,.? ? ?? N ?.?Z ? ~"y `? ? ?j r-^ ?° ? U c -a RYAN BOPP, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOPP, DEFENDANT 06-4635 CIVIL TERM ORDER OF COURT AND NOW, this I'` day of August, 2007, the mother having not appeared, IT IS ORDERED that the hearing on this emergency petition for special relief is rescheduled and shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Monday, August 20, 2007. The father shall forthwith have a copy of this order and the emergency petition for special relief served on the mother in Missouri. Edgar B. Bayley, J. Karl E. Rominger, Esquire For Ryan Bopp 1441L ems: F"`O? Katrina Bopp to e41J E?6 , :sal /Ja1k, -t? X'A--- i P ? ....d _ ?. ---! ?'? - "C?7q? -+' , - ?`". f"? .Y ..r.? y ? N ?1 a ?C7 .rr RYAN BOPP, Plaintiff V. KATRINA BOPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4635 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2007, this matter having been called for a hearing on a petition by Ryan Bopp for special relief, and the parties having reached an interim agreement which is entered without prejudice to further litigate any issue involving custody of Beecher Bopp, born May 4, 2002, and Brogan Bopp, born October 11, 2005, it is ordered: 1. The custody order entered on December 29, 2006, is vacated. 2. Ryan Bopp and Katrina Bopp shall have shared legal custody of Beecher and Brogan. 3. For the upcoming school year, the children shall be with their father, and he shall enroll them in school. 4. The mother shall immediately arrange for the transfer of the school and medical records of the children to the father. 5. The mother shall have periods of temporary physical custody with Beecher and Brogan as agreed to between the parents. 6. The father shall file a complaint seeking primary physical custody which shall be heard by a conciliator in approximately 90 days with the mother presenting Bence via telephone from her home in Xissouri. /,/ By the CourV, !% Edgar B. Bayley, J. A r w? ?-- cv - R C' Air pA<'a'-rl E. Rominger, Esquire For Plaintiff ,A<a"*trina Bopp, pro se Route 5, Box 3694, Salem, MO 65560 Sheriff prs Ryan Bopp, V. Katrina Bopp, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 06 - 4635 CIVIL TERM Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY 1. 2. 3 4 5 Petitioner is Ryan Bopp, who resides at 22 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007. Respondent is Katrina Bopp, who resides at RR 5 Box 3694, Salem, Missouri 65560. On December 29, 2006, the Honorable Edgar B. Bayley, entered the following Custody Order: Attached as Exhibit "A." Since the entry of said Order, there has been a significant change in circumstances in that: (a). Petitioner filed an Emergency Petition on July 27, 2007 and a hearing was held in front of the Honorable Judge Bayley on August 20, 2007. (b). Respondent's circumstances have changed greatly since the entry of the December 29, 2006 Order. (c). Petitioner should have primary, physical custody of the children up and until a conciliation hearing is held. The best interest of the child will be served by the Court in modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody in Petitioner with supervised visitation in Respondent. Respectfully submitted, ROMINGER & ASSOCIATES Date: August 21, 2007 - NaA E.Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner Ryan Bopp, V. Katrina Bopp, ATTORNEY VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for, Ryan Bopp in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unworn falsification to authorities. Date: August 21, 2007 IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY Y,4 I E. Rominger, Esquire Attorney for Petitioner Ryan Bopp, V. Katrina Bopp, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4635 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger Esquire, attorney for Plaintiff, Summer Trimble do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Katrina Bopp RR 5 Box 3694 Salem, Missouri 65560 Respectfully submitted, ROMINGER & ASSOCIATES Date: August 21, 2007 Karl E.Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner IJ4? LJ LVVV\I I\./ IV vJ / • ` ? ? tIl/ /Li V . 1. V V I I V V. Ui rJ RYAN BOPP, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOPP, DEFENDANT 06-4635 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this day of December, 2006, the following order is entered: (1) Ryan Sapp and Katrina Sapp shall have shared legal custody of Beecher Sapp, born May 4, 2002 and Brogan Bopp, born October 11,.2004, (2) The mother shall have primary physical custody of Beecher and Brogan, and the children may live with her in Missouri. (3) The father shall have periods of temporary physical custody of both Beecher and Brogan as follows: (a) Until Beecher starts kindergarten: (i) March and April 2007. (ii) July 2007 through two weeks before Beecher starts kindergarten. (b) After Beecher starts kindergarten: in rrnrfl me rirst oav cserturwi dilu 1daii oiuudii dic vii auiiuui wo each Christmas vacation period until January 1. DE?-29-2Q06(FRI) 18:29 s ' 06.4635 CIVIL TERM (ii) Each summer, from one week after school ends until three weeks before school begins. (c) If the father visits Salem, Missouri, for such periods as any child is not in school. (d) At such other times as the parents may agree. (4) The parents shall set the time and location for transfers which, unless otherwise agreed, shall occur in Columbus, Ohio, which is about halfway between Salem and Boiling Springs. Leslie A. Tomeo, Esquire For Ryan Bopp Jessica Hoist, Esquire For Katrina Bopp sal By the CouM._ . i i Edgar B. Bayley, h "H/C99 -2. 7b v tap, C t? a ,I r-? t ?a v T RYAN BOPP V. IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • 20064635 CIVIL ACTION LAW KATRINA BOPP DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 28, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 02, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ aequeEine M. Vemey, Esq. , Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Aw*,%PF *v -NV- 1?4? 4?11 7 < a- -,V?v -? 000r, *4-.wv *tv ;z lrp-vw "f,* V? IN VAIIISIN? ]a 1 :'i Wd R Of4V ZOOZ i r(i! t?i? vF ry ?"]HI ?O P k RYAN BOPP, Plaintiff V. KATRINA BOPP, Defendant AUG22M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4635 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2007, this matter having been called for a hearing on a petition by Ryan Bopp for special relief, and the parties having reached an interim agreement which is entered without prejudice to further litigate any issue involving custody of Beecher Bopp, born May 4, 2002, and Brogan Bopp, born October 11, 2005, it is ordered: 1. The custody order entered on December 29, 2006, is vacated. 2. Ryan Bopp and Katrina Bopp shall have shared legal custody of Beecher and Brogan. 3. For the upcoming school year, the children shall be with their father, and he shall enroll them in school. 4. The mother shall immediately arrange for the transfer of the school and medical records of the children to the father. 5. The mother shall have periods of temporary physical custody with Beecher and Brogan as agreed to between the parents. 6., zn see ingprimary Stsical custody'which shall be heard by a conciliator in alsproximately 90 days with the mother pr#?s?bntng via .. . -. i ?_ -tt t6 hone fx m[ in MissourA By thenCour; ar B. tray, iey, J . Karl E. Rominger, Esquire For Plaintiff Katrina Bopp, pro se Route 5, Box 3694, Salem, MO 65560 Sheriff prs OrT 15 2007, AP? RYAN BOPP, Plaintiff VI. KATRINA BOPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4635 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this r ? day of OvAe-T , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Orders of Court dated December 29, 2006 and August 20, 2007 are hereby vacated. 2. The Father, Ryan Bopp and the Mother, Katrina Bopp, shall have shared legal custody of Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent:, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of partial physical custody as agreed by the parties. 5. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Nothing herein shall prejudice Mother's rights to file a Modification Petition in the future. BY .OF Edgar B. Bayley, cc: Karl E. Rominger, Esquire, Counsel for Father Katrina Bopp, pro se RR 5 Box 3694 Salem, Missouri 65560 0o' P.J. S rr7zr cLz? lolnlO7 a ?r c 91:Z d L 9 100 LOOZ uVi,? :Jd ?f jy RYAN BOPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4635 CIVIL ACTION - LAW KATRINA BOPP, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH Beecher Bopp May 4, 2002 Brogan Bopp October 11, 2004 CURRENTLY IN CUSTODY OF Father Father 2. A Conciliation Conference was held in this matter on October 15, 2007, with the following in attendance: The Father, Ryan Bopp, with his counsel, Karl E. Rominger, Esquire. Mother, Katrina Bopp, although notified of the conference, did not appear. 3. Prior Orders of Court were entered by President Judge Edgar B. Bayley dated December 29, 2006 and August 20, 2007 providing for shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody as agreed. 4. Father requested an Order in the form as attached. M -is" v7 1?l U Date acq line M. Verney, Esquire Custody Conciliator RYAN BOPP, PLAINTIFF V. KATRINA BOPP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4635 CIVIL IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 2"d day of August, 2010, upon consideration of Katrina Bopp's ex parte Emergency Petition for Special Relief; IT IS HEREBY ORDERED AND DIRECTED that the Emergency Petition for Special Relief is DENIED at this time. The matter will be scheduled for a custody conciliation hearing before an appropriate custody conciliator. Given the nature of Mother's Petition, the Court requests that the Court Administrator expedite scheduling of the conciliation. Court Administrator - ~$ ~` la ~ Julie A. Wehnert, Esquire 395 St. Johns Church Road Camp Hill, PA 17011 ./Gary and Cathy Bopp 602 Market Street Lykens, PA 17048 atrina Bopp 502 South Henderson Street Salem, Missouri 65560 .~ bas ~0'J t £,S' h'l.ad l ~ a,/ ~ v ~~ By the Court, ~~ M. L. Ebert, Jr., J. d .. i RYAN BOPP PLAINTIFF V. KATRINA BOPP DF.,FF..NDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2006-4635 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 04, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 17, 2010 at 3:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this. cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order: Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s! ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must.be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~y //~~~~ ~~- ~ ^~ Cumberland County Bar Association ~~ ~~~ d ~ ~~ ~ ~-, 9~ ~~ ~=" ~ ~' -~ W` ; '`-'-' 32 South Bedford Street ' -- + . Carlisle, Pennsylvania 1701.3 . C '~ ; ; -; { Telephone (717) 249-3166 ~ ~ ~,. -, to z . - ~=, - ._ ~ ~ =, AUG 19 two a-- RYAN BOPP : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4635 CIVIL ACTION - LAW KATRINA BOPP, . Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. GARY BOPP AND CATHY BOPP,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-4864 CIVIL ACTION - LAW KATRINA BOPP, D Defendant IN CUSTODY p" -71 JUDGE: M.L. Ebert, Jr., J. ORDER OF COURT t?+ AND NOW, this Jqt"- day of , 2010, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: The dockets in the above captioned matters are hereby consolidated. 2. A Hearing is scheduled in Court Room No. of the C Berland County Court House, on the j-'O- day of ?t7G ia,. , 2010, at X 0 o'clock, -4-. M., at which time testimony will be taken. For purposes of this Hearing, the paternal Grandparents shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 3. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 4. The Grandparents, Gary Bopp and Cathy Bopp and the Mother, Katrina Bopp, shall have shared legal custody of Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the child and the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Paternal Grandparents shall have temporary primary physical custody of the children. 6. Mother shall have liberal periods of partial physical custody of the children when she in the central Pennsylvania area. 7. Mother shall have liberal telephone contact with the children. 8. The parties shall cooperate with a custody evaluation in the event that any party requests a custody evaluation. 9. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, \?*A ' "V / M. L. Ebert, Jr., Ti. Rominger, Esquire, counsel for Grandparents l E. cc: e ue A. Wehnert, Esquire, Counsel for Mother e r E.S mar La, RYAN BOPP : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4635 CIVIL ACTION - LAW KATRINA BOPP, . Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. GARY BOPP AND CATHY BOPP,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-4864 CIVIL ACTION - LAW KATRINA BOPP, Defendant IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Beecher Bopp May 4, 2002 paternal grandparents Brogan Bopp October 11, 2004 paternal grandparents 2. A Conciliation Conference was held August 17, 2010 with the following individuals in attendance: The paternal grandparents, Gary and Cathy Bopp, with their counsel, Karl E. Rominger, Esquire, and the Mother, Katrina Bopp, with her counsel, Julie A. Wehnert, Esquire. Father, Ryan Bopp, is deceased. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated October 17, 2007 providing for shared legal custody with Father having primary physical custody and Mother having periods of partial physical custody as agreed by the parties. 4. Paternal Grandparents' position on custody is as follows: paternal grandparents seek shared legal and primary physical custody with Mother having periods of partial physical custody as agreed. Grandparents assert that the children have lived with them in the summers and have visited them regularly, so much so that the children's doctor and dentist are near grandparents' home and they attend church near the grandparents' home. They further assert that Mother has not physically seen the children for two years, until her visit for the Conciliation Conference. Mother has had telephone contact with the children approximately once a month. 5. Mother's position on custody is as follows: Mother seeks sole legal and primary physical custody with the grandparents having liberal periods of partial physical custody as agreed. Mother filed her Petition for Emergency Relief when she learned that Father had died. Neither Mother nor her counsel had been served with Grandparents' Custody Complaint. Counsel for Mother may file Preliminary Objections based on Grandparents' rights to custody. Mother further asserts that she has a stable home for the children in Missouri. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering shared legal custody with Grandparents having temporary primary physical custody, with Mother having liberal physical custody when she is in the area and liberal telephone contact. It is expected that the Hearing will require one day. Y- / e-10 Date acq ine M. Verney, Esquire Custody Conciliator KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, Defendant, dom.}. t ... .. rd ') Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635-`-?-- CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION - LAW IN CUSTODY MOTION TO STRIKE CUSTODY ORDER OF COURT AND NOW comes the Defendant, Katrina Bopp, by and through her counsel, Julie A. Wehnert, Esquire of Kope & Associates, LLC and files this Motion to Strike Custody Order and avers as follows: 1. Movant is Katrina Bopp, Defendant in the above captioned consolidated action, hereinafter referred to as "Mother." 2. Respondents are Gary and Cathy Bopp, Plaintiffs in the above captioned consolidated action, hereinafter referred to as "Paternal Grandparents." 3. On July 19, 2010, Ryan Bopp, the natural father of the two subject minor children unexpectantly passed away. When Mother learned of this she tried to contact the Paternal Grandparents but they would not talk to her or let her talk to her children. She immediately filed an Emergency Petition for Special Relief on July 30, 2010 requesting the court grant her full custody of the minor children. See Petition for Special Relief attached as Exhibit ',A." 4. On August 2, 2010, the Honorable M.L. Ebert, Jr. denied this request and ordered that an expedited custody conciliation be scheduled. This custody conciliation was scheduled for August 17, 2010 in front of Jacqueline M. Verney, Esq. See Court Order dated August 2, 2010 attached as "Exhibit B." 5. This Petition for Special Relief and Order of Court was served on the Paternal Grandparents by mail on August 3, 2010. These documents were mailed to the Paternal Grandparents because the subject minor children were in their care at the time. 6. Unbeknownst to Mother or undersigned counsel, the Paternal Grandparents had filed a Complaint for Custody on July 26, 2010 requesting full custody of the subject minor children under the authority of 23 Pa.C.S. §5311 and §5313(a). This Complaint was never served on Mother or undersigned counsel even though the Paternal Grandparents had Mother's address and knew that undersigned counsel was attached to this matter. 7. Undersigned counsel did not receive a copy of the Paternal Grandparents' Custody Complaint until the day of the scheduled custody conciliation on August 17, 2010. Therefore, Mother did not have the opportunity to either Answer the Complaint or file Preliminary Objections. 8. The Custody Conciliation was held and Mother argued that the Paternal Grandparents did not have standing to sue for full or primary custody under the statutory authority they claimed. 9. After- the conciliation an Order of Court was issued on August 19, 2010, granting Paternal Grandparents and Mother shared legal custody with Paternal Grandparents having temporary primary physical custody and Mother liberal visitation rights when she is in central Pennsylvania. See Order of court attached as Exhibit "C." 10. Mother has filed contemporaneously with this Motion to Strike the Custody Order, Preliminary Objections to Paternal Grandparents Custody Complaint based on Pa.R.C.P. §1028(a)(1) improper service of a complaint and §1029(a)(5) lack of capacity to sue for the relief requested. See Preliminary Objections attached as Exhibit "D." 11. Mother respectfully requests that the Order of Court issued on August 19, 2010 by the Honorable M.L.Ebert, Jr. be stricken pending the outcome of Mother's Preliminary Objections. The Order of Court grants Paternal Grandparents primary physical custody which does not conform to the statutory authority the Paternal Grandparents base their Custody Complaint on. WHEREFORE, Mother respectfully requests that the Order of Court issued on August 19, 2010 in the above captioned consolidated action be stricken and that Mother should be granted primary physical custody until the Preliminary Objections to Paternal Grandparent's Custody Complaint are resolved. Respectfully Submitted, J ie A. Wehnert, Esquire Date: /+?? D VERIFICATION I, foregoing na Bopp, Defendant in this matter, verify that the statements made in the n to Strike Custody Order are true and correct, I understand that false statements f erein are made subject to the penalties of 18 Pa. C. & § 4904 relating to unsworn falsification to authorities. I Katrina Bopp Date: C'd ztMzLEL9 welsAS sseuism8 pe}ewo;ny dL9'ZL OL 60 deS KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, VS, KATRINA BOPP, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF 1. Plaintiff/Respondent is Ryan Bopp, the natural father of the children, with a last address of 22 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant/Petitioner is Katrina Bopp, the natural mother of the children, residing at 502 S. Henderson Street, Salem, Missouri 65560. 3. There is currently an Order of Court dated October 17, 2007 in place that grants the parties shared legal custody of the following children: Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. The Order of Court grants the Plaintiff/Respondent primary physical custody of the children and the Petitioner periods of partial physical custody. 4. Up until July 19, 2010 the children were living with the Plaintiff at 22 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007. ., 1 of 4 A 5. On July 19, 2010, the Plaintiff, the natural father of the children, passed away unexpectedly. Since that time the children have been residing with the paternal grandparents, Gary and Cathy Bopp, 602 Market Street, Lykens, Dauphin County, Pennsylvania 17048. Petitioner was not notified of the death of the Plaintiff until about a week later and the funeral had already taken place. 6. When Petitioner called the paternal grandparents upon learning of the death of the Plaintiff, Petitioner was either hung up on or she left a message with no return phone call. The paternal grandparents have given no indication that they will relinquish custody to her even though they are not parties to this action and at this time have no custodial rights over the children. 7. Petitioner is respectfully requesting that this Honorable Court issue an Emergency Order awarding her sole legal custody and full physical custody of the children. 8. Petitioner requests an Emergency Order to ensure that the local authorities locate her children and return them to the Mother's custody. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) Petitioner is the natural mother of the children. As such, the children will benefit from continued full physical custody with Mother; (b) Mother is able to provide a stable home and emotional environment for the children; and 2 of 4 (d) Mother has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. WHEREFORE, Petitioner requests that this Honorable Court grant the following relief: Removal of the children from the home of the Paternal Grandparents into the care of the Petitioner and granting her sole legal custody and full physical custody of the children. Respectfully Submitted, KOPE & ASSOCIATES, LLC r B Y: Dated: ?Jlulie A. Wehnert, E q. 3 of 4 VERIFICATION I, Katrina Bopp, verify that the statements made in this Emergency Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Dated: S' d Lt l96ZZ £L9 Katrina Bopp, Plaintiff 4of4 wa;sfg ssauisng pajewo}ny egG:Fn ni F7 r, RYAN BOPP, PLAINTIFF V. KATRINA BOPP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4635 CIVIL IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 2nd day of August, 2010, upon consideration of Katrina Bopp's ex parte Emergency Petition for Special Relief; IT IS HEREBY ORDERED AND DIRECTED that the Emergency Petition for Special Relief is DENIED at this time. The matter will be scheduled for a custody conciliation hearing before an appropriate custody conciliator. Given the nature of Mother's Petition, the Court requests that the Court Administrator expedite scheduling of the conciliation. By the Court, M. L. Ebert, Jr., J. j u Court Administrator Julie A. Wehnert, Esquire 395 St. Johns Church Road Camp Hill, PA 17011 Gary and Cathy Bopp 602 Market Street Lykens, PA 17048 Katrina Bopp 502 South Henderson Street Salem, Missouri 65560 bas TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the sea) of said rt at Carlisie, Pa. This -'1Laay d, 20 1 J Prothonotary AUG 9 v RYAN BOPP : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA IV. : NO. 2006-4635 CIVIL ACTION - LAW KATRINA BOPP, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. GARY BOPP AND CATHY BOPP,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-4864 CIVIL ACTION - LAW KATRINA BOPP, Defendant IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW, this IQ day of IQLIoGeg,? , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The dockets in the above captioned matters are hereby consolidated. 2. A Hearing is scheduled in Court Room No. ?_, of the Cumberland County Court House, on the -_ZE±_ day of ,'r?SP.13 2010, at 9 *e, o'clock, M., at which time testimony will be taken. For purposes of this Hearing, the paternal Grandparents shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 3. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 4. The Grandparents, Gary Bopp and Cathy Bopp and the Mother, Katrina Bopp, shall have shared legal custody of Beecher Bopp, born May 4, 2002 and Brogan 1? Bopp, born October 11, 2004. Each party shall have an equal right:, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the child and the other party. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and :information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 5. Paternal Grandparents shall have temporary primary physical custody of the children. 6. Mother shall have liberal periods of partial physical custody of the children when she in the central Pennsylvania area. Mother shall have liberal telephone contact with the children. 8. The parties shall cooperate with a custody evaluation in the event that any party requests a custody evaluation. 9. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, S,fc/-7/. ?e ?]L_ L. bert, Jr., cc: Karl E. Rominger, Esquire, counsel for Grandparents Julie A. Wehnert, Esquire, Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and thejsse?aLoJf-said Co rt at Carlisle, Pa. f This of ,re o2016 aa ?? Phon tary RYAN BOPP : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4635 CIVIL ACTION - LAW KATRINA BOPP, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, J. GARY BOPP AND CATHY BOPP,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-4864 CIVIL ACTION - LAW KATRINA BOPP, :Defendant IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Beecher Bopp May 4, 2002 paternal grandparents Brogan Bopp October 11, 2004 paternal grandparents 2. A Conciliation Conference was held.August 17, 2010 with the following individuals in attendance: The paternal grandparents, Gary and Cathy Bopp, with their counsel, Karl E. Rominger, Esquire, and the Mother, Katrina Bopp, with her counsel, Julie A. Wehnert, Esquire. Father, Ryan Bopp, is deceased. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated October 17, 2007 providing for shared legal custody with Father having primary physical custody and Mother having periods of partial physical custody as agreed by the parties. 4. Paternal Grandparents' position on custody is as follows: paternal grandparents seek shared legal and primary physical custody with Mother having periods of partial physical custody as agreed. Grandparents assert that the children have lived with them in the summers and have visited them regularly, so much so that the children's doctor and dentist are near grandparents' home and they attend church near the grandparents' home. They further assert that Mother has not physically seen the children for two years, until her visit for the Conciliation Conference. Mother has had telephone contact with the children approximately once a month. 5. Mother's position on custody is as follows: Mother seeks sole legal and primary physical custody with the grandparents having liberal periods of partial physical custody as agreed. Mother filed her Petition for Emergency Relief when she learned that Father had died. Neither Mother nor her counsel had been served with Grandparents' Custody Complaint. Counsel for Mother may file Preliminary Objections based on Grandparents' rights to custody. Mother further asserts that she has a stable home for the children in Missouri. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering shared legal custody with Grandparents having temporary primary physical custody, with Mother having liberal physical custody when she is in the area and liberal telephone contact. It is expected that the Hearing will require one day. 67-ti'-1o Date acq . ine M. Verney, Esquire Custody Conciliator KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com Attorney for Plaintiff RYAN BGPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BGPP, Defendant, AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL_ ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ,ACTION - LAW IN CUSTODY ORDER day of 2010, in consideration of the foregoing Defendant's Preliminary Objections to Plaintiff's Complaint in Custody, it is hereby ORDERED and DIRECTED that the Preliminary Objections are SUSTAINED. Plaintiffs Gary and Cathy Bopp are ORDERED to file a new Complaint in Custody requesting partial custody and/or visitation and a custody conciliation be scheduled. BY THE COURT: , J. I KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL. ACTION - LAW IN CUSTODY GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FOR CUSTODY FOR IMPROPER SERVICE AND LACK OF CAPACITY TO SUE FOR RELIEF REQUESTED AND NOW, comes the Defendant, Katrina Bopp, by and through her attorney, Julie A. Wehnert, Esquire, and makes these Preliminary Objections to Complaint for Custody for Improper Service and Lack of Capacity to Sue for Relief Requested and in support thereof avers as follows: 1. Defendant, Katrina Bopp, is the natural mother of two minor children, Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. 2. Plaintiffs are Gary Bopp and Cathy Bopp, the natural Paternal Grandparents of said minor children. Ryan Bopp, the natural Father of said minor children is deceased. Plaintiffs have filed a Complaint for Custody. Please see copy attached and marked as Exhibit "A". 3. There was an Order of Court issued by the Honorable M.L. Ebert, Jr. after a custody conciliation was held granting Paternal Grandparents temporary primary physical custody and Mother liberal visitation rights. Mother has filed contemporaneously with these Preliminary Objections a Motion to Strike Custody Order. See Motion to Strike attached as Exhibit "B." 4. These Preliminary Objections were not filed prior to the custody conciliation scheduled and held on August 17, 2010 due to lack of service on behalf of the Pla'intffs, Gary and Cathy Bopp. 5. Mother did not receive a copy of the Complaint in Custody until the day of the conciliation and was not given an opportunity to respond to the Complaint in Custody. 1. Improper Service - Rule 1028(a)(1) 6. Under Pa.R.C.P. 1930.4 Service of Original Process in Domestic Relations Matters must be done by either hand delivery to defendant or at the residence of the defendant by a competent adult or by restricted certified mail to the defendant's last known address. 7. Paternal Grandparents failed to serve their Complaint in Custody by any of these means as required by the Rules of Civil Procedure. The Paternal Grandparents did mail a copy of the Order of Court scheduling the Pre-Hearing Custody Conciliation to the Defendant. Since the Mother had already received a copy of the Order of Court under Docket #2006-4635 sent to her by undersigned counsel, she did not realize that their was another action. 8. Counsel for the Defendant at the custody conciliation stated that he had a "process server looking for her in Missouri." Mother has lived in the same address for the past two and one half years and was easy to find by mail as evidenced by the fact they received a copy of the Order of Court scheduling the Pre-Hearing Custody Conference. 9. At no time, did the Paternal Grandparents or their counsel, send a copy to undersigned counsel even though they knew that Mother was represented by an attorney since approximately August 3, 2010. 10. This failure to serve caused the Mother the opportunity to respond to their Complaint in Custody in a timely matter. Mother was only able to receive a copy of the Complaint in Custody when undersigned counsel requested a faxed copy from Paternal Grandparents counsel in the day of the custody conciliation. WHEREFORE, Mother respectfully requests that the Paternal Grandparents Complaint in Custody be DISMISSED due to failure to serve. II. Lack of Capacity to Sue for Relief Requested - Rule 1028(a)(5) 11. Paternal Grandparents, Gary and Cathy Bopp do not have standing to bring an action for full or primary custody under 23 Pa CSA § 5311 which provides in relevant part: § 5311. When parent deceased If a parent of an unmarried child is deceased, the parents or grandparents of the deceased parent may be granted reasonable partial custody or visitation rights, or both, to the unmarried child by the court upon a finding that partial custody or visitation rights, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the deceased parent and the child prior to the application. 12. The Father of the subject children is deceased and the Paternal Grandparents therefore do have standing to pursue partial custody or visitation rights under this statute. The statute does not afford them standing to sue for full or primary custody which is what their Complaint in Custody requested and the Court Order issued on August 19: 2010 granted them. 13. There has been a Motion to Strike the Custody Order filed contemporaneously with these Preliminary Objections requesting that this Order of Court be stricken pursuant to the outcome of these Preliminary Objections. See Motion to Strike Custody Order attached as Exhibit "C." 14. The words are clear and free from ambiguity in that a parent of a deceased parent only has standing to sue for partial custody or visitation. Mother does not have an issue with the Paternal Grandparents having partial custody or visitation rights over the subject minor children and would be amenable to a stipulated custody order to that effect. 15. Paternal Grandparents, Gary and Cathy Bopp do not have standing to bring an action for full or primary custody under 23 Pa CSA $ 5313(a) which provides in relevant part: § 5313(a) Partial custody and visitation If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interests of the child and would not interfere with the parent-child relationship. 16. This section of the Grandparent Visitation Act is the other authority that the Paternal Grandparents use in their Complaint in Custody to request full physical custody of the subject minor children. 17. This section relies on the fact that the children must live with the grandparents for a period of twelve (12) months or more and must have been removed from their home by the parents. The subject minor children have not lived with the Paternal Grandparents for the required twelve (12) months. 18. Prior to the Father passing away, the children lived with him and his current wife, the children's stepmother. They did visit the Paternal Grandparents regularly and may have lived with them for the summers, but in no way did the children live with the Paternal Grandparents for the requisite period of time. The children have only exclusively lived with the Paternal Grandparents since the death of their father on July 19, 2010 19. Even if the requisite residency had been obtained, the statute unambiguously allows for only rights of partial custody or visitation. 20. Again, Mother is not averse to allowing the Paternal Grandparents partial custody or visitation rights over the subject minor children. WHEREFORE, Defendant respectively requests that the Preliminary Objection due to lack of capacity to sue for the relief requested be granted and the custody action be scheduled for another custody conciliation based on Gary and Cathy Bopp's standing for partial custody and/or visitation. Respectfully Submitted, KOPE & ASSOCIATES, LLC Date: LIE A. WEHNERT, ESQ. r CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, do hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Plaintiffs Complaint for Partial Custody and Visitation due to Lack of Capacity to Sue on the Plaintiffs at the following addresses first class mail, postage prepaid on the date set forth below. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA '17013 Attorney for Paternal Grandparents J}% lie A. Wehnert, Esq. Supreme Court I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 Tel: (717) 761-7573 Fax: (717) 761-7572 Attorney for Mother Date: September 10, 2010 VERIFICATION I, Katrina Bopp, Defendant in this matter, verify that the statements made in the foregoing Preliminary Objections to Plaintiffs Complaint for Partial Custody and Visitation are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4004 relating to unsworn falsification to authorities. Date IrQ 12L16 Z'd Lt? 686ZL£L9 Katrina Bopp welsAS sseuisn8 pe}ewoInV dLG ZI O6 60 deS CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, do hereby certify that on this 10th day of August, 2010, 1 served a true and correct copy of the foregoing Motion to Strike Custody Order via regular U.S. First Class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Paternal Grandparents J e A. Wehnert, Esq. upreme Court I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 Tel: (717) 761-7573 Fax: (717) 761-7572 Attorney for Mother KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COU Y, PA NO. 2006-4635 CIVIL ACTION - LAW IN CUSTODY GARY BOPP and CATHY BOPP, : IN THE COURT OF COMMON PLEAS Plaintiffs, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2010-4864 KATRINA BOPP, : CIVIL ACTION - LAW Defendant, : IN CUSTODY NOTICE TO PLEAD To: GARY AND CATHY BOPP. YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGEMENT MAY BE ENTERED AGAINST YOU. DATE: SEPTEMBER 10, 2010 KOPE & ASSOCIATES, LLC r JUL A. WEHNERT, E Q. KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, Defendant, LLL .l r'r..`f r Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNNTT?A NO. 2006-4635 ? CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FOR CUSTODY FOR IMPROPER SERVICE AND LACK OF CAPACITY TO SUE FOR RELIEF REQUESTED AND NOW, comes the Defendant, Katrina Bopp, by and through her attorney, Julie A. Wehnert, Esquire, and makes these Preliminary Objections to Complaint for Custody for Improper Service and Lack of Capacity to Sue for Relief Requested and in support thereof avers as follows: 1. Defendant, Katrina Bopp, is the natural mother of two minor children, Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. 2. Plaintiffs are Gary Bopp and Cathy Bopp, the natural Paternal Grandparents of said minor children. Ryan Bopp, the natural Father of said minor children is deceased. Plaintiffs have filed a Complaint for Custody. Please see copy attached and marked as Exhibit "A". 1 There was an Order of Court issued by the Honorable M.L. Ebert, Jr. after a custody conciliation was held granting Paternal Grandparents temporary primary physical custody and Mother liberal visitation rights. Mother has filed contemporaneously with these Preliminary Objections a Motion to Strike Custody Order. See Motion to Strike attached as Exhibit "B." 4. These Preliminary Objections were not filed prior to the custody conciliation scheduled and held on August 17, 2010 due to lack of service on behalf of the Plaintffs, Gary and Cathy Bopp. 5. Mother did not receive a copy of the Complaint in Custody until the day of the conciliation and was not given an opportunity to respond to the Complaint in Custody. 1. Improper Service - Rule 1028(a)(1) 6. Under Pa.R.C.P. 1930.4 Service of Origina@ Process in Domestic Relations Matters must be done by either hand delivery to defendant or at the residence of the defendant by a competent adult or by restricted certified mail to the defendant's last known address. 7. Paternal Grandparents failed to serve their Complaint in Custody by any of these means as required by the Rules of Civil Procedure. The Paternal Grandparents did mail a copy of the Order of Court scheduling the Pre-Hearing Custody Conciliation to the Defendant. Since the Mother had already received a copy of the Order of Court under Docket #2006-4635 sent to her by undersigned counsel, she did not realize that their was another action. 8. Counsel for the Defendant at the custody conciliation stated that he had a "process server looking for her in Missouri." Mother has lived in the same address for the past two and one half years and was easy to find by mail as evidenced by the fact they received a copy of the Order of Court scheduling the Pre-Hearing Custody Conference. 9. At nc time, did the Paternal Grandparents or their counsel, send a copy to undersigned counsel even though they knew that Mother was represented by an attorney since approximately August 3, 2010. 10. This failure to serve caused the Mother the opportunity to respond to their Complaint in Custody in a timely matter. Mother was only able to receive a copy of the Complaint in Custody when undersigned counsel requested a faxed copy from Paternal Grandparents counsel in the day of the custody conciliation. WHEREFORE, Mother respectfully requests that the Paternal Grandparents Complaint in Custody be DISMISSED due to failure to serve. II. Lack of Capacity to Sue for Relief Requested - Rule 1028(a)(5) 11. Paternal Grandparents, Gary and Cathy Bopp do not have standing to bring an action for full or primary custody under 23 Pa CSA 5311 which provides in relevant part: § 5311. When parent deceased If a parent of an unmarried child is deceased, the parents or grandparents of the deceased parent may be granted reasonable partial custody or visitation rights, or both, to the unmarried child by the court upon a finding that partial custody or visitation rights, or both, would be in the best interest of the child and would not interfere with the parent-child relationship. The court shall consider the amount of personal contact between the parents or grandparents of the deceased parent and the child prior to the application. 12. The Father of the subject children is deceased and the Paternal Grandparents therefore do have standing to pursue partial custody or visitation rights under this statute. The statute does not afford them standing to sue for full or primary custody which is what their Complaint in Custody requested and the Court Order issued on August 19, 2010 granted them. 13. There has been a Motion to Strike the Custody Order filed contemporaneously with these Preliminary Objections requesting that this Order of Court be stricken pursuant to the outcome of these Preliminary Objections. See Motion to Strike Custody Order attached as Exhibit "B." 14. The words are clear and free from ambiguity in that a parent of a deceased parent only has standing to sue for partial custody or visitation. Mother does not have an issue with the Paternal Grandparents having partial custody or visitation rights over the subject minor children and would be amenable to a stipulated custody order to that effect. 15. Paternal Grandparents, Gary and Cathy Bopp do not have standing to bring an action for full or primary custody under 23 Pa CSA 5313(a) which provides in relevant part: § 5313(a) Partial custody and visitation If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interests of the child and would not interfere with the parent-child relationship. 16. This section of the Grandparent Visitation Act is the other authority that the Paternal Grandparents use in their Complaint in Custody to request full physical custody of the subject minor children. 17. This section relies on the fact that the children must live with the grandparents for a period of twelve (12) months or more and must have been removed from their home by the parents. The subject minor children have not lived with the Paternal Grandparents for the required twelve (12) months. 18. Prior to the Father passing away, the children lived with him and his current wife, the children's stepmother. They did visit the Paternal Grandparents regularly and may have lived with them for the summers, but in no way did the children live with the Paternal Grandparents for the requisite period of time. The children have only exclusively lived with the Paternal Grandparents since the death of their father on July 19, 2010. 19. Even if the requisite residency had been obtained, the statute unambiguously allows for only rights of partial custody or visitation. 20. Again, Mother is not averse to allowing the Paternal Grandparents partial custody or visitation rights over the subject minor children. WHEREFORE, Defendant respectively requests that the Preliminary Objection due to lack of capacity to sue for the relief requested be granted and the custody action be scheduled for another custody conciliation based on Gary and Cathy Bopp's standing for partial custody and/or visitation. Respectfully Submitted, KOPE & ASSOCIATES, LLC Date: 9J(0 LIE A. WEHNERT, ESQ. '?(? 71?-= r 7OM-ROMINGEF & ASSOC 7172416878 T--815 P002/006 F-073 N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI.'? GARY BOPP and CATHY BOPP Plaintiffs No. CIVIL TERM KATRINA BOPP IN CUSTODY Defendant ORDER OF COURT AND NOW, , 2010, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on the , day of _ 2010, at . o'clock, ._.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if a resolution 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. FOR THE COURT: By: Custody Conciliator The Court of Corrunon Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAYWER 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 North Bedford Street Carlisle, PA 17013 Phone: (717) 249 - 3 166 38-17-'10 10:19 FROM-ROMINGIiR & ASSOC 7172416878 IN THE COURT OF COMIMON PLEAS CUMBERLAND CO(Ni TY. PENNSYLVANIA GARY BOPP and CATHY BOPP Plaintiffs No.: V. KATRiNA BOPP Defendant Pal CUSTODY T-816 P003/006 F-073 CIVIL TERM COMPLAINT FOR CUSTODY Pursuant to 23 Pa.C.S. § 5311 and § 5313(a) Plaintiffs petition this Honorable Court to grant Plaintiffs full custody of the minor children, Beecher Bopp, date of birth May 4, 2002 and Brogan Bopp, date of birth October 11, 2004. In support, Plaintiffs set forth the following facts and averments: I. The Plaintiffs, Gary and Cathy Bopp, reside at 602 Market Street, Lykens, Cumberland County, Pennsylvania. 2. The Defendant Katrina Bopp, upon information and belief, resides at 502 S. Henderson, Salem, Dent County, Missouri. 3. Plaintiffs seek full custody of the following children: Name Present Residence DOB AGE Beecher Bopp 602 Market Street 05 / 04/ 2002 8 Lykens, PA Brogan Bopp 602 Market Street 10/11/2004 5 The children were not born out of wedlock. The children are presently in the custody of their paternal grandparents. Gary and Cathy Bopp, plaintiffs in this matter. TRUE COPY FROM RECORD In Testimony whereof, l here unto set my twW WW ttre seat of said court ak isle, Pa. of-4L4 M'o proftmowy 08-17-':10 10;20 FROM-ROMINGER & ASSOC 7172426878 T-215 P004/006 F-073 Duriaa the past five years, the children have resided with the follov\ing persons and at the following addresses: List all persons List all addresses Dates Garr Bopp and Cathy Bopp 602 Nfarket Street 06/19/2009 to (paternal grandparents) Lykens, PA present Ryan Bopp (father) and 22 Walnut Street 05/2007 to Heather Bopp (step-mother) Boiling Springs, PA z:1 0 06/19/2009 Katrina Bopp (mother) RR 5 - Box 3694 05/2006 to Salem, MO 65560 04/2007 Ryan Bopp (Father) and street address uncerain 09/2004 to Katrina Bopp (mother) Shippensburg, PA O5/2006 Ryan Bopp (father) and street address uncertain 05/2002 to Katrina Bopp (mother) Newburg, PA 09/2004 4. The mother of the children upon information and belief, resides at 502 S . Henderson, Salem, Dent County, Missouri. She is not married. 5. The father of the children died unexpectedly July 19, 2010. 6. The relationship of the Plaintiffs to the children is that of. paternal grandparents The Plaintiffs currently reside with the following persons: List all persons Relationship Gary and. Cathy Bopp :natural paternal grandparents 7. The relationship of the Defendant to the child is that of, natural mother The Defendant's present living arrangements are not known to the Plaintiffs at this time. 8. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiffs have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 08-17-'10 10;20 FROM-BOMINGE: & ASSOC 7172415878 T-815 P005/036 F-073 Plaintiffs are aware that the Detendant to the proceeding. has partial physical custod,, of the children pursuant to an Order ot'the Court dated October 17, 2007. 9 The best interest and permanent welfare of the children will be seiA-ed by g•anting the reHicf requested because: Plaintiffs are best able to provide the care and nuture which the children need for healthy development; and Plaintiffs are well suited and able to provide the care and nurturing which the child needs for healtf..y development. Defendant's erratic and abusive behavior poses a threat of harm to the children. Defendant frequently abuses alcohol and is therefore unreliable as custodian of the children. A Court Order of custody and structured visitation is desired so that the Plaintiffs and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. Plaintiffs desire to maintain the family household and Lifestyle which have been established since their mother relocated to LMIssouri; and the continued stabili,y of the household and established lifestyle are in the best interest of the children. A Cou:i Ordered determination of custody is required to avoid conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant full custody- to the Plaintiffs. Respectfully submitted, Date: ?711ZCI ZDIO T- e Karl E. Rominer, Esquire 15 South Hanover Street Carlisle, PA 17013 (717) 241 - 6070 Supreme Court ID #: 81924 Attorney for Gary and Cathy Bopp 08-17-':10 10:21 FROM-ROMINGER & ASSOC 7172416878 IN THE COURT OF COivltilOiv' PLEAS CUMBERLAND COUNTY PENNSYLVANIA GARY BOPP and CATHY BOPP Plaintiffs 4, KATRfNA BOPP Defendant No.: IN CUSTODY VERIFICATION T-815 F006/006 F-078 CIVIL TERM 1, Karl E. Rominger, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Complaint, and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. ROMINGER & ASSOCIATES Date: , 2 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241 - 6070 Supreme Court ID # 89124 Attorney for Gary and Cathay Bopp KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopeiaw.com Attorney for Plaintiff RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION - LAW IN CUSTODY GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, Defendant, AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-4864 CIVIL ACTION - LAW IN CUSTODY ORDER day of 2010, in consideration of the foregoing Motion to Strike custody Order filed by Katrina Bobb, it is hereby ORDERED and DIRECTED that the Motion is GRANTED. The Custody Order issued on August 19, 2010 is hereby STRICKEN. BY THE COURT: J. KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp HiIJ, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BCPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, Defendant, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION - LAW IN CUSTODY MOTION TO STRIKE CUSTODY ORDER OF COURT AND NOW comes the Defendant, Katrina Bopp, by and through her counsel, Julie A. Wehnert, Esquire of Kope & Associates, LLC and files this Motion to Strike Custody Order and avers as follows: 1. Movant is Katrina Bopp, Defendant in the above captioned consolidated action, hereinafter referred to as "Mother." 2. Respondents are Gary and Cathy Bopp, Plaintiffs in the above captioned consolidated action, hereinafter referred to as "Paternal Grandparents." 3. On July 19, 2010, Ryan Bopp, the natural father of the two subject minor children unexpectantly passed away. When Mother learned of this she tried to contact the Paternal Grandparents but they would not talk to her or let her talk to her children. She immediately filed an Emergency Petition for Special Relief on July 30, 2010 requesting the court grant her full custody of the minor children. See Petition for Special Relief attached as Exhibit "A." 4. On August 2, 2010, the Honorable M.L. Ebert, Jr. denied this request and ordered that an expedited custody conciliation be scheduled. This custody conciliation was scheduled for August 17, 2010 in front of Jacqueline M. Verney, Esq. See Court Order dated August 2, 2010 attached as "Exhibit B." 5. This Petition for Special Relief and Order of Court was served on the Paternal Grandparents by mail on August 3, 2010. These documents were mailed to the Paternal Grandparents because the subject minor children were in their care at the time. 6. Unbeknownst to Mother or undersigned counsel, the Paternal Grandparents had filed a Complaint for Custody on July 26, 2010 requesting full custody of the subject minor children under the authority of 23 Pa.C.S. §5311 and §5313(a). This Complaint was never served on Mother or undersigned counsel even though the Paternal Grandparents had Mother's address and knew that undersigned counsel was attached to this matter. 7. Undersigned counsel did not receive a copy of the Paternal Grandparents' Custody Complaint until the day of the scheduled custody conciliation on August 17, 2010. Therefore, Mother did not have the opportunity to either Answer the Complaint or file Preliminary Objections. 8. The Custody Conciliation was held and Mother argued that the Paternal Grandparents did not have standing to sue for full or primary custody under the statutory authority they claimed. 9. After the conciliation an Order of Court was issued on August 19, 2010, granting Paternal Grandparents and Mother shared legal custody with Paternal Grandparents having ternporary primary physical custody and Mother liberal visitation rights when she is in central Pennsylvania. See Order of court attached as Exhibit "C." 10. Mother has filed contemporaneously with this Motion to Strike the Custody Order, Preliminary Objections to Paternal Grandparents Custody Complaint based on Pa.R.C.P. §1028(x)(1) improper service of a complaint and §1029(a)(5) lack of capacity to sue for the relief requested. See Preliminary Objections attached as Exhibit "D." 11. Mother respectfully requests that the Order of Court issued on August 19, 2010 by the Honorable M.L.Ebert, Jr. be stricken pending the outcome of Mother's Preliminary Objections. The Order of Court grants Paternal Grandparents primary physical custody which does not conform to the statutory authority the Paternal Grandparents base their Custody Complaint on. WHEREFORE, Mother respectfully requests that the Order of Court issued on August 19, 2010 in the above captioned consolidated action be stricken and that Mother should be granted primary physical custody until the Preliminary Objections to Paternal Grandparent's Custody Complaint are resolved. i Date: Respectfully Submitted, Ju'lie A. Wehnert, Esquire VERIFICATION I, k:atr`na Bopp, Defendant in this matter, verify that the statements made in the foregoing Mc?tion to Strike Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating tc unsworn falsification to authorities. Date; / I I i C'd ZV 696ZZ£L9 i d? 4 V -, ??- Katrina Bopp we;s(S ssauisne pa;auao1nV dL9:Zl 0l 60 deS CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, do hereby certify that on this 10t" day of August, 2010, 1 served a true and correct copy of the foregoing Motion to Strike Custody Order via regular U.S. First Class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Paternal Grandparents Julie A Wehnert, Esq. supreme Court I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 Tel: (717) 761-7573 Fax: (717) 761-7572 Attorney for Mother CERTIFICATE OF SERVICE 1, Julie A. Wehnert, Esquire, do hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Plaintiffs Complaint for Partial Custody and Visitation due to Lack of Capacity to Sue on the Plaintiffs at the following addresses first class mail, postage prepaid on the date set forth below. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Paternal Grandparents 11A, 1lpreme ie A. Wehnert, Esq. Court I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 Tel: (717) 761-7573 Fax: (717) 761-7572 Attorney for Mother Date: September 10, 2010 VERIFICATION Katrina Bopp, Defendant in this matter, verify that the statements made in the foregoing Preliminary Objections to Plaintiffs Complaint for Partial Custody and Visitation are true and correct. I understand that false statements herein are made subject to tl?e penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification tc authorities.. f Date: 9/ 12616 Z-d Lt? L96ZLEL9 Katrina So p walsAS sseuwsne pajewoInV dL9:ZL U 60 deR RYAN BOPP, V. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA KATRINA BOPP, DEFENDANT NO. 06-4635 CIVIL GARY BOPP AND CATHY BOPP, IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. C-) C ?-:% rt KATRINA BOPP, DEFENDANT NO. 10-4864 CIVL ORDER OF COURTr c j on AND NOW, this 15th of September, 2010, upon consideration of the DefenZ[?int' Motion to Strike Custody Order of Court, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Gary and Cathy Bopp to show cause why the relief requested should not be granted; 2. The Respondents, Gary and Cathy Bopp will file an answer on or before October 8, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing on the above issue will be held on Monday, November 1, 2010, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Tsq\'A. ?AA - M. L. Ebert, Jr., V J. Karl Rominger, Esquire Counsel for Gary and Cathy Bopp I ----J-ulie A. Wehnert, Esquire 4?lc.? rd Counsel for Katrina Bopp bas ? _^ RYAN BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATRINA BOPP, NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs r-D No.: 2010-4864 CIVIL TERM i TI r"'I r- -q KATRINA BOPP IN CUSTODY W = Defendant AMENDED COMPLAINT FOR CUSTODY C. Pursuant to 23 Pa.C.S. § 5313(b), and by virtue of their status as in loco parentis, Plaintiffs petition this Honorable Court to grant Plaintiffs full custody of the minor children, Beecher Bopp, date of birth May 4, 2002, and Brogan Bopp, date of birth October 11, 2004. In support, Plaintiffs set forth the following facts and averments: 1 2 3. Plaintiffs, Gary and Cathy Bopp, reside at 602 Market Street, Lykens, Dauphin County, Pennsylvania. Defendant, Katrina Bopp, upon information and belief, resides at 502 South Henderson, Salem, Dent County, Missouri. On August 27, 2010, Defendant was served with a copy of Plaintiffs' original Complaint at 1101 West Highway 32, Salem, Missouri, 65560. 4. Plaintiffs seek custody of the following children: Name Present Residence DOB AGE Beecher Bopp 602 Market Street 05/04/2002 8 Lykens, PA Brogan Bopp 602 Market Street 10/11/2004 5 4. 5. The children were not born out of wedlock. The children are presently in the custody of their paternal grandparents, Gary and Cathy Bopp, Plaintiffs in this matter. During the past five years, the children have resided with the following persons and at the following addresses: List all Persons List all Addresses Dates Gary Bopp and Cathy Bopp 602 Market Street 6/19/10 to (paternal grandparents) Lykens, PA present Ryan Bopp (father, deceased) and 22 Walnut Street 05/2007 to Heather Bopp (step-mother) Boiling Springs, PA 06/19/2009 Katrina Bopp (mother) RR 5- Box 3694 05/2006 to Salem, MO 65560 04/2007 Ryan Bopp (father) and West King Street 09/2004 to Katrina Bopp (mother) Shippensburg, PA 05/2006 Ryan Bopp (father) and Cumberland Highway 05/2002 to Katrina Bopp (mother) Newburg, PA 09/2004 The father of the children, Ryan Bopp, died unexpectedly on July 19, 2010. The relationship of the Plaintiffs to the children is that of paternal grandparents. The children currently reside with the following persons: List all Persons Relationship Gary and Cathy Bopp natural paternal grandparents 6. The relationship of Defendant to the child is that of natural mother. Defendant's present living arrangements are not known to Plaintiffs at this time. 7. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of children in this or another court. Plaintiffs have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiffs are aware that Defendant has partial physical custody of the children pursuant to an Order of Court dated October 17, 2007. 8. Plaintiffs have standing to pursue full custody of the minor children pursuant to 23 Pa.C.S. § 5313(b), and by virtue of their status as in loco parentis. See T.B. v. L.R.M., 753 A.2d 873, 882 (Pa. Super. Ct. 2000) ("Cognizable rights to seek full or partial custody may... arise under statutes such as Chapter 53 of the Domestic Relations Code. .. , or by virtue of the parties' conduct, as in cases where a third party who has stood in loco parentis has been recognized as possessing a prima. facie right sufficient to grant standing to litigate questions of custody of the child for whom he or she has cared"). 10. 23 Pa.C.S. § 5313(b) provides that, "A grandparent has standing to bring a petition for physical and legal custody of a grandchild." 11. Further, 23 Pa.C.S. § 5313(b) has been construed by courts to grant grandparents automatic standing to pursue full custody of their grandchildren. See K.B. v. C.B.F., 833 A.2d 767, 767 (Pa. Super. Ct. 2003) ("Following our careful reading of Section 5313(b). . we are constrained to conclude that the statute confers automatic standing on any grandparent seeking physical and legal custody of his or her grandchildren, regardless of whether there has been a prior determination of unfitness by the parent or dependency of the child"); and Martinez v. Baxter, 725 A.2d 775, 778 (Pa. Super. Ct. 1999) ("Standing to petition for physical and legal custody pursuant to 23 Pa.C.S. § 5313 (b) is automatically conferred by virtue of the familial relationship, grandparent to grandchild") 12. Likewise, Plaintiffs also have standing to pursue full custody of the minor children pursuant to their status as in loco parentis. "Standing is granted where a party stands in loco parentis to a child and thus has assumed obligations incident to the parental relationship." Walkenstein v. Walkenstein, 663 A.2d 178, 180 (Pa. Super. Ct. 1995). 13. "[T]he phrase `in loco parentis' refers to a person who puts oneself in the situation of a lawful parent by assuming the obligation incident to the parental relationship without going through the formality of a legal adoption. The status of in loco parentis embodies two ideas; first, the assumption of a parental status, and, second, the discharge of parental duties." Liebner v. Simcox, 834 A.2d 606, 609 (Pa. Super. Ct. 2003). See also Hertz Corp. v. Workers' Compensation Appeal Bd. (Johnson), 724 A.2d 395, 397 (Pa. Commw. Ct. 1999) ("To establish an in loco parentis relationship one must intend to put him or herself in the situation of a lawful parent to the child, with reference to the parent's office and duty of making provision for the child.... In short, one must intend to function as the child's parent and assume all daily responsibilities commensurate with such a position"). 14. The minor children have lived with Plaintiffs in a family setting since June 19, 2010, to the present. 15. Since that time, Plaintiffs have placed themselves in the situation of lawful parents to the children, and have intended to function as the children's parents, which is evident in their willingness to assume all daily responsibilities commensurate with their position as parents. 16. Moreover, Plaintiffs have engaged in parental-type activities with the children for all of the children's lives, specifically during the past two years. For the past two years, both children spent weekends at Plaintiffs' house; both children spent days off of school at Plaintiffs' house; both children spent the summer months at Plaintiffs' house; and both children spent holidays at Plaintiffs' house. Further, Brogan spent four days of every week at Plaintiff's house for the past two years. 17. In addition, for the past two years, Plaintiffs have taken the children to all of the children's doctor appointments and dental appointments, and Plaintiffs paid for the children's dental expenses and partial doctor appointments. 18. Further, the children engaged in various activities with Plaintiffs over the past two years, including camping, going to picnics, going to parties, going to carnivals, and participating in numerous community projects. 19. The children attend church with Plaintiffs in Lykens, have relatives in Lykens, have their friends in Lykens, are involved in various community projects in Lykens, and Brogan attends dance lessons in Lykens. 20. Not only do Plaintiffs have standing to seek custody of the minor children, but the best interest and permanent welfare of the children will be served by granting Plaintiffs full custody. 21. Pursuant to 23 Pa.C.S. § 5313(b), "If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, the court may award physical and legal custody to the grandparent. This subsection applies to a grandparent: (1) who has genuine care and concern for the child; (2) whose relationship with the child began with the consent of a parent of the child or pursuant to an order of court; and (3) who for 12 months has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child, or who assumes the responsibility for a child who has been determined to be a dependent child pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters) or who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. The court may issue a temporary order pursuant to this section." 23 Pa.C.S. § 5313(b). 22. "[T]he circumstances set forth in subsections (1), (2), and (3) are questions of fact to be resolved by the trial court after a hearing is held to determine... if it is in the best interests of the child to be in the custody of the grandparent." Baxter, 725 A.2d 775, at 778. 23. Plaintiffs have a genuine care and concern for the children. 24. Plaintiffs' relationship with the children began with the consent of Ryan Bopp (deceased), the children's natural father. 25. Plaintiffs have assumed the role and responsibilities of the children's parents for the past two years. 26. Plaintiffs' role as parents of the minor children for the past two years has included providing for the children's physical, emotional and social needs. 27. Moreover, Plaintiffs' role as parents of the minor children for the past two years has been necessary as a result of Defendant Mother's erratic and abusive behavior posing a threat of harm to the children, as well as her frequent abuse of alcohol. 28. Plaintiffs are well suited and able to provide the care and nurture which the children need for healthy development. 29. A Court Order of custody and structured visitation is desired so that the Plaintiffs and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectation regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. 30. Plaintiffs desire to maintain the family household and lifestyle which have been established since their mother relocated to Missouri; and the continued stability of the household and established lifestyle are in the best interest of the children. 31. A Court Ordered determination of custody is required to avoid conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant full custody to Plaintiffs. Respectfully Submitted Rominger & Associates Date: September 29, 2010 _ Karl E. ominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Gary & Cathy Bopp RYAN BOPP, Plaintiff V. KATRINA BOPP, Defendant GARY BOPP and CATHY BOPP Plaintiffs V. KATRINA BOPP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 4635 CIVIL TERM IN CUSTODY No.: 2010-4864 CIVIL TERM IN CUSTODY VERIFICATION We verify that the statements made in this Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: Z 2G1 G Date: RYAN BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATRINA BOPP, NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs No.: 2010-4864 CIVIL TERM V. KATRINA BOPP IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Amended Complaint for Custody upon the following by depositing the same in the United States Mail, postage pre-paid, by first class mail, in Carlisle, Pennsylvania, addressed as follows: Julie A. Wehnert, Esquire KOPE & ASSOCIATES 395 St. Johns Church Road Camp Hill, Pennsylvania 17011 Date: September 29, 2010 Respectfully Submitted Rominger & Associates Karl ominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Gary & Cathy Bopp ---r--- ~` - RYAN BOPP, v. KATRINA BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs v. KATRINA BOPP Defendant To: Katrina Bopp c/o Julie A. Wehnert, Esquire KOPE & ASSOCIATES 395 St. Johns Church Road Camp Hill, Pennsylvania 17011 No.: 2010-4864 CIVIL TERM IN CUSTODY NOTICE TO PLEAD ca r..a " -n ` °g ~ ~-n ~~ ® rn~ ~ ~~ _., . ~ _ Lr"~ ~ ~ ~ cz ~ ~ _.~ .:~ - , ~ ~ ~ -~, ~ ~~' ~-, :..~ ~ c-i - r ~ c~a .-~~` s ::,'~ ` ?'~ : - ~ ~ -~ .~c You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Rominger & Associates Date: ~~ Karl,l~'Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Curt ID # 81924 Attorney for Gary & Cathy Bopp RYAN BOPP, v. KATRINA BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Defendant GARY BOPP and CATHY BOPP Plaintiffs CIVIL ACTION -LAW NO. 06 - 4635 CIVIL TERM IN CUSTODY No.: 2010-4864 CIVIL TERM v. . KATRINA BOPP IN CUSTODY Defendant PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO STRIKE CUSTODY ORDER OF COURT AND NOW, come the Plaintiffs, Gary and Cathy Bopp, by and through their counsel, Karl E. Rominger, Esquire, and file this Response to Defendant's Motion to Strike a Temporary Custody Order entered by this Honorable Court on August 19, 2010. 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. Plaintiffs admit that the natural father of the two subject minor children passed away, and that Defendant filed an Emergency Petition requesting full custody of the minor children on July 30, 2410, which was denied. Everything else in paragraph 3 of Defendant's motion is denied. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. Plaintiffs admit that they filed a Complaint for custody on July 26, 2010, pursuant to 23 Pa.C.S. §5311 and §5313(a). The rest of paragraph 6 of Defendant's motion is denied. 7. Denied. By way of further answer, Defendant filed Preliminary Objections on September 10, 2010, and Plaintiff filed an Amended Complaint on September 29, 2010. 8. Admitted. 9. Admitted. 10. Admitted. By way of further answer, Plaintiff filed an Amended Complaint on September 29, 2010. 11. Conclusion of law to which no response is required. To the extent a response is required, it is denied. By way of further answer, because Plaintiffs filed an Amended Complaint on September 29, 2010, Defendant's Preliminary Objections to Plaintiff s original Complaint, filed on September 10, 2010, are now moot. NEW MATTER 12. All previous paragraphs aze incorporated by reference herein. 13. Plaintiffs filed their original Complaint seeking full custody of the two minor children on July 30, 2010. 14. On August 27, 2010, Defendant was served with a copy of Plaintiffs' original Complaint at 1101 West Highway 32, Salem, Missouri, 65560. 15. Defendant filed Preliminary Objections to Plaintiffs' original Complaint on September 10, 2010, arguing improper service pursuant to Pa.R.C.P. 1028(a)(1), and lack of capacity to sue pursuant to Pa.R.C.P. 1028(a)(5). 16. Contemporaneous with her Preliminary Objections, Defendant also filed this present Motion to Strike. 17. A hearing concerning Defendant's present Motion to Strike is currently scheduled for November 1, 2010. 18. Defendant offers no legal justification for, nor points to any legal authority to permit, filing Preliminary Objections contemporaneously with a Motion to Strike. 19. Moreover, Defendant's Motion to Strike contains nothing not already set forth in her Preliminary Objections. 20. Further, and perhaps most important, Plaintiffs filed an Amended Complaint on September 30, 2010, thus making Defendant's Preliminary Objections to the original Complaint now moot. 21. Therefore, not only aze Defendant's Preliminary Objections to the original Complaint now moot, but Defendant's present Motion to Strike, the merits of which will be argued at the hearing scheduled for November 1, 2010, is not properly before this Court. WHEREFORE, Plaintiffs respectfully request that this Honorable Court DISMISS Defendant's Motion to Strike the Temporary Custody Order entered by this Honorable Court on August 19, 2010. Date: Respectfully Submitted, Rominger & Associates KazI~C!Rominger, Esquire 155 South Hanover Street Cazlisle, Pennsylvania 17013 (717) 241-6070 Supreme Curt ID # 81924 Attorney for Gary & Cathy Bopp RYAN BOPP, v. KATRINA BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs v. . KATRINA BOPP Defendant No.: 2010-4864 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Plaintiffs' Response To Defendant's Motion to Strike Custody Order Of Court Answer mended Complaint for Custody upon the following by depositing the same in the United States Mail, postage pre-paid, by first class mail, in Cazlisle, Pennsylvania, addressed as follows: Julie A. Wehnert, Esquire KOPE & ASSOCIATES 395 St. Johns Church Road Camp Hill, Pennsylvania 17011 Date: Respectfully Submitted, Rominger & Associates ~1 ~ Kazl~?" Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Curt ID # 81924 Attorney for Gary & Cathy Bopp KOPE ~jASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTOR ' EY I.D. 307900 395 St. J has Church Road Camp Hi, I, PA 17011 (717) 76 -7573 jwehnert kopelaw.com RYAN B~PP, Plaintiff, vs KATRIN BOPP, Defendant. GARY B PP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, ~ Defendant, FiLEi}-t~FFIGE 2~~~ C~Ci 2 ! Ph 2~ f 7 r!JP~~3EFL~a~i~ CGJ~t~'~. ~'~~~~~~~~ kV~~~lr Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION -LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION -- LAW IN CUSTODY MOTION TO CONTINUE CUSTODY HEARING AN' NOW comes the Defendant, Katrina Bopp, by and through her counsel, Julie A. VW~ehnert, Esquire and files this Motion to Continue Custody Hearing and avers as follows 1. Moi~ant is Katrina Bopp, Defendant in the above captioned consolidated action, hereinaftetf referred to as "Mother." 2. Respondents are Gary and Cathy Bopp, Plaintiffs in the above captioned consolidated action, hereinafter referred to as "Paternal Grandparents." 3. A conciliation in the above referenced matter was conducted on August 17, 2010 in front o~ Jackie Verney whereas the parties did not reach an agreement at that time as to who s ould have primary of the subject minor children. 4. O August 19, 2010, the Honorable M. L. Ebert, issued an Order of Court after scheduling a Custody Hearing on November 1, 2010 at 9:00 am in #2 of the Cumberland County Court of Common Pleas. 5. Si ce the issuing of that Order of Court, Mother has submitted a Custody Stipulatio to the Respondents on October 18, 2010 in the hopes of resolving this matter w' hout the need for further litigation. Mother believes that a resolution can be obtained. 6. Mather is requesting the Custody Hearing scheduled for November 1, 2010 be continued in order for the parties to have time to effectuate a Custody Stipulation. 7. Ka~~~l E. Rominger, counsel for the Respondents has been contacted regarding this Motion and he concurs with the granting of this Motion. EREFORE, Mother respectfully requests that the Custody Hearing scheduled for November 1, 2010 be continued. Date: ~ ~ ~p D,I ~ Respectfully Submitted, ulie A. Wehnert, Esquire ~I h . CERTIFICATE OF SERVICE I, ,~ulie A. Wehnert, Esquire, do hereby certify that on this 21st day of October, 2010, I sl rved a true and correct copy of the foregoing Motion to Continue Custody Hearing v' a regular U.S. First Class mail, postage prepaid, addressed as follows: ~I Karl E. Rominger, Esq. 155 South Hanover Street I~ Carlisle, PA 17013 Attorney for Paternal Grandparents ~~ Ju A. Wehnert, Esq. ~ S reme Court I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 Tel: (717) 761-7573 Fax: (717) 761-7572 Attorney for Mother v ' r ~r 3:~: ~~,~~~ i ~-~o~yor,~~~~ KOPE & AS OCIATES, LLC JULIE A. WE NERT, ESQ. ATTORNEY 1 D. 307900 395 St. Johns Church Road Camp Hill, PAI 17011 -(717) 761-753 jwehnert@ko~elaw.com RYAN BOPP,! 1~laintiff, vs. KATRINA BO'~P, ant. ~~!~~:~i ~ ~ ~{ ~~ ~~ t t^1 t?.~~~ ~ r .r >, 1 ~ ~.i(~i 8,^',u€9 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION -LAW IN CUSTODY GARY BOPP nd CATHY BOPP, laintiffs, vs. ~ i KATRINA BOF~P, (~efendant, fN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION -LAW IN CUSTODY 11i~OTION TO WITHDRAW MOTION TO STRIKE CUSTODY ORDER TO THE HONt~RABLE M.L. EBERT, JUDGE OF SAID COURT: AND N4~W, comes the Defendant, Katrina Bopp, by and through her attorney,. Julie A. Wehnert, Esq~ire, and files this Motion to Withdraw Motion to Strike Custody Order, and in support thereat, avers as follows: 1. Can or about September 10, 2010, Defendant filed a Motion to Strike Custody Order in regarC~ to the above matter. s 2. Defendant wishes to resolve the custody issues without further litigation and has submitted a Qustody Stipulation to the Plaintiffs. 3. As such, Defendant wishes to withdraw the Motion to Strike Custody Order and I thereby cancelling the hearing scheduled for November 1, 2010 regarding said Motion. WHER~FORE, Defendant, Katrina Bopp, moves this Honorable Court to allow the withdrawal of Defendant's Motion to Strike Custody Order. Respectfully Submitted, Dated: Octob~r 20, 2010 /J ie A. Wehnert, Esquire # 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 CERTIFICATE OF SERVICE I, Julie; A. Wehnert, Esquire, do hereby certify that on this 21st day of October, 2010, 1 ~, served a tru~ and correct copy of the foregoing Motion to Continue Custody Hearing via regular U.S. f first Class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Paternal Grandparents J e A. Wehnert, Esq. ~ preme Court I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 Tel: (717) 761-7573 Fax: (717) 761-7572 Attorney for Mother ~' ` --°~ E~-OFFICE _ -. '~Y ~ ~GTROROTARY • ~~~- C1IM~ _ ~~ GOUTY .. ; ~~'rAt~1A KOPE 8~ ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, Defendant, Attorney for Defendant ~T 2 2 ~~ r!~ 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION -LAW IN CUSTODY. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this 1.~~~ day of 2010, upon consideration of Defendant's Motion to Withdraw Motion to Strike custody Order, IT IS HEREBY ORDERED that said Motion is GRANTED and that the foregoing motion is withdrawn and the Hearing scheduled for November 1, 2010 is cancelled. . CD ~ ><S' rrt~. l 1~~.. P A~ .~. wF1.,~~ lo~a.s~ to ~~ BY THE COURT: 'i ..z ~ ~ OF THE P 0 HON TARP 2010 OCT 25 PM 2= d9 KOPE ~ ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, Defendant, CUMBERLAND COUNTY PENNS Yi.VANIA Attorney for Defendant OCT 2 2 ~~t.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION -LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this as~-- day of _ ty,~6~u~ , 2010, in consideration of the foregoing Motion to Continue Custody Hearing filed by Katrina Bobb, it is hereby ORDERED and DIRECTED that the Motion is GRANTED. The Custody Hearing is now scheduled for the d~ day of 201 at ~:o~ am/p~R. in Courtroom #2 of the Cumberland County Courthouse. ~ . t~~S' rn~.t C£rh..~ R-N,~ f . G~~~--- k . KCvr., n.kj~. lows-~~ ~~ BY THE COURT: ,J KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, ILED 71 0 e_f e, Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION - LAW PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW COME Julie A. Wehnert, Esquire, and Kope & Associates, LLC, and files the following Petition for Leave to Withdraw as Counsel and in support thereof avers as follows: 1. Petitioner is Julie A. Wehnert, Esquire, who is presently counsel of record for Defendant, Katrina Bopp, in the above-captioned matters (hereinafter referred to as "Petitioner".) 2. Respondent is Katrina Bopp, Defendant, in the above-captioned matter, with the address of 502 S. Henderson Street, Salem, Missouri, 65560 (hereinafter referred to as "Respondent".) 3. Petitioner has represented Respondent, pursuant to the above-docketed custody action since July 27, 2010. 4. Petitioner has had no contact with the Respondent since October 23, 2010 despite several emails and letters being sent to Respondent. 5. Respondent signed an engagement letter at the time that she retained Petitioner's firm's services, in which she agreed to refill her initial retaining fee in full upon its depletion, and to pay all bills no later than thirty days after submission. A true and correct copy of the engagement letter signed by Respondent is attached to this Petition as Exhibit "A". 6. Upon depletion of her retaining fee, Respondent was asked in September, 2010 to refill her retainer. She has also received several phone calls and emails requesting payment. To date, Respondent has failed to do so. 7. Since her initial retainer payment in July, 2010, Petitioner has received no additional payment from Respondent. As of the date of the filing of this Petition, Respondent owes Petitioner $2,813.00. See invoice attached as Exhibit "B". 8. Invoices have been sent to Respondent every month requesting payment and informing Respondent that if she failed to make payment and/or set up suitable payment arrangements, Petitioner would be forced to petition the Court to withdraw as her counsel. Respondent has continued not to make payment. 9. There is currently a custody hearing scheduled in this matter for March 10, 2010. Respondent has received all orders pertaining to any court actions that are required by the Respondent. 10. Petitioner, Julie A. Wehnert, Esquire, respectfully requests that she be allowed to withdraw as counsel for Respondent due to all of the above. 11. Respondent has undermined Petitioner's ability to competently represent her. 12. Petitioner believes that there has been a breakdown in the attorney/client relationship as a result of the above and Petitioner accordingly requests permission to withdraw as counsel for Respondent. 13. Petitioner's withdrawal as counsel for Respondent will have no material adverse effect on Respondent's interests pursuant to Pennsylvania Rule of Professional Conduct 1.16. 14. Petitioner has supplied a copy of this Petition for Leave to Withdraw as Counsel upon counsel for the Plaintiff. WHEREFORE, Petitioner respectfully requests that this Honorable Court permit Julie A. Wehnert, Esquire, to withdraw as counsel for Respondent, Katrina Bopp. Respectfully submitted, Date: 4, lip I J li LAWehn6e4rt,squi?e 1 i i 1 Jf July 2s, 2010 PERSONAL AND CONFIDENTIAL Katrina Bopp 502 S. Henderson Street Salem, MO 65560 In re: Bopp v. Bopp Dear Ms. Bopp: Thank you for selecting me to represent you in your current legal matters referenced above. I look forward to providing you with quality legal representation. This letter will serve as confirmation of my agreement to represent you and clarification of the general basis upon which fees will be charged by my law office. An effective attorney-client is based upon complete understanding and mutual respect and it is therefore important that you review the contents of this letter carefully and call me if you have any questions. I will accept a retailing fee of $1,500.00 and have agreed to bill you hourly for legal services rendered in this matter against the retaining fee. In the event that this matter should proceed beyond custody conciliation, you will be required to deposit an additional $3,000.00 into your retainer account within thirty days. It is impossible at this juncture to quote you the exact amount of fees and costs that you will ultimately be required to pay for my representation of you until your matter is concluded. Work that I perform will be billed at my customary rate of $150.00 per hour for any and all services rendered by me. The charge for legal assistants, paralegals, and law clerks is $75.00 per hour. Billable services include, but are not limited to, office and telephone conferences, research, preparation of documents, travel time, correspondence, court appearances, etc. There are minimum hourly fees as indicated below: 1..10 hours (6 minutes) for incoming and outgoing telephone calls. [fractions of hours are then computed and billed in increments of 6 minutes] 2..20 hours (12 minutes) for incoming and outgoing correspondence (including e-mail) [fractions of hours are then computed and billed in increments of 12 minutes] 9-d Lti L 86ZL£L9 WeISAS 3. 3 hours for attendance at a hearing, conference or trial, plus travel time outside of Cumberland, Dauphin, or York Counties. for the actual time spent at the proceeding when more than three hours are requiredl. During the course of our engagement I may incur out-of-pocket costs on your behalf. These costs include, but are not necessarily limited to, telephone charges, postage, facsimile transmission and computer charges, printing and reproduction costs, filing fees, delivery and messenger costs, disbursements for taxes, other advances, and charges by outside consultants, accountants and legal counsel we have hired on your behalf. If out-of-pocket costs are itemized, they appear on your invoices as "costs." Normally, I estimate costs upfront and you are expected to advance these costs by a deposit in trust with my office. In this instance, all costs will be withdrawn from the $ 3,000.00 retainer. Billing statements detailing fees and expenses will be forwarded to you monthly and will be payable upon receipt either by you directly or by transferring funds from your retainer to me. Of course, if you ever have any questions regarding such billing statements, you are always welcome to contact me. During the course of my representation of you, the time charges and expenses advanced may exceed the amount of the retaining fee paid by you. If the retaining fee has been depleted after being refilled as stated above you will be required to refill the retainer in full prior to additional work being completed in your case. Should remaining work in your matter be minimal, I will have the option of waiving your requirement to refill the retainer, and agree to bill you on a monthly basis, in accordance with my office's policy. All bills as submitted are to be paid promptly, but no later than thirty (30) days after submission. Any billing that is delinquent by sixty (60) days or more will accrue interest at the rate of 1.5% per month or 18% per annum. If an outstanding balance continues to remain delinquent without the remittance of monthly payments, I will exercise my right to petition the court to withdraw from the case, unless satisfactory arrangements for payment can be made. If I am required to institute any legal action for collection of fees or costs due me for services, I have the right to also receive reasonable attorneys' fees and costs involved in bringing such action. At the time of completion of my representation, any unused portion of your retainer will be returned to you at the completion of that month's billing cycle. If a third party has provided a retainer on your behalf, the unused portion of that retainer will be returned to the third party. If necessary, and to the extent consistent with the Rules of Professional Conduct, I reserve the right to terminate our relationship if I conclude in my sole judgment that the claim should not be prose- cuted or further prosecuted. If I withdraw as your counsel for this reason, you will not be obligated to pay for any professional services rendered [although you will remain obligated for expenses incurred on your behalf]. I will notify you by mail before any such termination. I also reserve the right to terminate our relationship if you fail to cooperate with me, or if you have misrepresented or failed to disclose material facts to me. If I withdraw as your counsel for either of these reasons, or if you discharge me for any reason other than my violation of the Code of Page 2 of 4 CiviI Representation & Fee Agreement L-d LtMZL£L9 welsAg sseuisng palewolny d£0:£0 OL 8Z Inf Professional Responsibility, you will be responsible to me for my expenses together with the value of the time expended by me at my regular hourly rates. To this extent, I may retain possession of all documents and papers of every kind related to your case, to the extent permitted by law, until these fees are paid. I will notify you by mail before any such termination. I shall keep you well informed as to the progress of your case. I shall send you copies of all papers coming in and going out of my offices, including correspondence, pleadings and other documents. If I am unavailable when you telephone, your call shall be returned with reasonable promptness. There will be times when I will be in court, or at meetings, or in conference, which will preclude me from returning your call as quickly as we both might like, but I shall do my best to return your telephone calls as soon as I can. Frequently, courts will send documents directly to you, as a party to litigation, and they will not send copies to me, as your attorney of record. For this reason it is very important that you forward to me any documents, papers, or correspondence that have been sent directly to you from the court or from any other source that may have bearing on this matter. Finally, my office will attempt to represent you in the most time efficient manner possible and will, from time to time, suggest things that you can do to minimize your legal expenses. The following are some suggestions which have proved helpful to other clients and I would like to share them with you. I encourage you to adopt these procedures because they not only minimize expenses but, even more importantly, tend to produce a better end result: 1. Avoid unnecessary telephone calls. If you have a question or information that can wait, make a note of it so that you can cover several items in one personal or telephone conference. 2. Leave messages. It you need to impart information which need not be discussed immediately, either leave the information with the secretary who answers the telephone or on voice mail. In many situations, you should ask to speak with a legal assistant who can answer many factual questions for you and can relay information to me. Every employee in this office is bound to hold confidential any information received from a client, However, ONLY an attorney may give you legal advice. 3. Read everything sent to you by this office. 4. Make notes. Write everything down: questions, information, lists of pros and cons, etc. Accordingly, you will avoid repetition and not overlook anything important 5. Ask questions. You must be in a position to make informed and intelligent decisions at all times during your legal matter. The Rules of Professional Conduct require that I confirm our arrangement in writing as a condition of my continued representation of you. Accordingly, please acknowledge receipt of this letter, and your acceptance of it and its terms by signing this copy and returning it to mein the enclosed self- addressed envelope together with payment for the retainer fee and costs (if required) in the amount of $1,500.00 if it has not already been provided. Page 3 of 4 Civil Representation & Fee Agreement g-d ZV L26ZZUS wa;sAs sseuisng pa;ewo;ny d£0:£0 OL 8Z Inf Naturally, I cannot predict the outcome of your matter; I will, however, expend my best efforts on your behalf. Very truly yours, Kope & Associates jujie A. Wehnert I hereby acknowledge receipt of a copy of the original of the above letter and agree and accept the terms as stated in it. Dated: iatrdina Bopp Page 4 of 4 Civil Representation & Fee Agreement 6-d Lb L86ZL£L9 We;sAs sseuisn8 pe;ewo}ny d£0:£0 OL 8Z inf • Kope & Associates 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 Telephone: 717-761-7573 Fax: 717-761-7572 Katrina Bopp 502 S. Henderson Street Salem, MO 65560 Client Number: C-3413 Katrina Bopp Matter Number: CIV-1551 Bopp v. Bopp For Services Rendered Through 11/30/2010. December 7, 2010 Invoice No. 16784 Fees g Timekeeper Descrintion Hours Amount 11/01/2010 JAW Received and processed correspondence from Attorney 0.20 $30.00 Rominger. Billable Hours / Fees: 0.20 $30.00 Timekeeper Summary Timekeeper JAW worked 0.20 hours at $150.00 per hour, totaling $30.00. Prior Balance: Payments Received: Current Fees: Advanced Costs: Late Charges: TOTAL AMOUNT DUE: $2,757.12 $0.00 $30.00 $0.00 $26.48 $2,813.60 Thank You for Letting Me Serve You. Payment Due Upon Receipt. Continued On Next Page Client Number: - C-3413 Matter Number: CIV-1551 12/07/2010 Page: 2 Credit Card Payment Form Kope & Associates 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 Telephone: 717-761-7573 Fax: 717-761-7572 Client : C-3413 Matter : CIV-1551 Billing Date: 12/07/2010 Invoice #: 16784 Amount Due: $2,813.60 Katrina Bopp Bopp v. Bopp METHODS OF PAYMENT: ? MASTERCARD ? VISA ? AMERICAN EXPRESS DISCOVER Credit Card Number - Don't forget expiration date Signature - Name of Cardholder (Required!) Required V Code Expiration Date Please Print Cardholders Name Thank you for your prompt payment. CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, hereby certify that on December 27, 2010, I served a copy of the within Petition by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Katrina Bopp 502 S. Henderson Street Salem, Mo 65560 (Respondent) Karl Rominger, Esquire Rominger & Associates, LLC 155 South Hanover Street Carlisle, PA 17013 (Attomey for Plaintifo Respectfully Submitted, KOPE & ASSOCIATES, LLC p lie A. Wehnert, Esq fre 95 St. Johns Church o? Suite 201 Camp Hill, PA 17011 (717) 761-7573 t , RYAN BOPP, PLAINTIFF V. KATRINA BOPP, DEFENDANT GARY BOPP AND CATHY BOPP, PLAINTIFFS V. KATRINA BOPP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA `'-' -ca ,/ --? v NO. 06-4635 CIVIL - r - uir IN THE COURT OF COMMON PLEASE -+y CUMBERLAND COUNTY, PENNSYLVN?fA Fri NO. 10-4864 CIVIL ORDER OF COURT AND NOW, this 5'h day of January, 2011, upon consideration of the Petition to Withdraw as Counsel filed by the Counsel for Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before January 26, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer the Court will determine if a hearing or further Order is needed. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. . . , Julie A. Wehnert, Esquire Petitioner Karl Rominger, Esquire Attorney for Defendant Katrina Bopp Defendant bPiel moo (e 'I5'11 P bas RYAN BOPP, V. KATRINA BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs V. KATRINA BOPP Defendant C! No.: 2010-4864 CIVIL TERMoX rnrn zr IN CUSTODY ?r - C? ANSWER TO RULE TO SHOW CAUSE t MAW N Cn 3 w AND NOW, comes Plaintiffs, Gary and Cathy Bopp, by and through their counsel, Karl E. Rominger, Esquire, and in support of their Answer, avers as follows: 1. No objection. WHEREFORE, Plaintiffs do not oppose the Motion to Withdraw as Counsel. Respectfully Submitted, Rominger & Associates erbti Attorney for Gary & Cathy Bopp Kar . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Curt ID # 81924 O -+n rnr- -orn = C) Cq ?rn Ci n 3- r7l 70 RYAN BOPP, V. KATRINA BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs V. KATRINA BOPP Defendant No.: 2010-4864 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Plaintiffs' Answer to Rule to Show Cause upon the following by depositing the same in the United States Mail, postage pre-paid, by first class mail, in Carlisle, Pennsylvania, addressed as follows: Julie A. Wehnert, Esquire KOPE & ASSOCIATES 395 St. Johns Church Road Camp Hill, Pennsylvania 17011 Respectfully Submitted, Rominger & Associates l C Datet?_' Karla Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Curt ID # 81924 Attorney for Gary & Cathy Bopp I sY i 4 [! { 1 ry L... 1.t«, .fi t\ 1 TO 1 , v, t0 11 F. j KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4864 CIVIL ACTION LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioners, Julie A. Wehnert, Esq. and Kope & Associates, LLC, and motions this Court to make absolute the Order that it issued in this matter on January 5, 2011, and in support of said Motion states as follows: 1. On December 29, 2010, Petitioners filed with this Court a Motion For Leave to Withdraw as Counsel. 2. On January 5, 2011, this Honorable Court, by Judge M.L. Ebert, Jr., issued a Rule to Show Cause, to the Defendant and to counsel for the Plaintiffs to show cause why Petitioners' Petition For Leave to Withdraw As Counsel should not be granted. A V true and correct copy of said Rule to Show Cause is attached hereto and incorporated herein as Exhibit "A". 3. The Order/Rule was returnable on or before January 26, 2011. 4. Counsel for'the Plaintiff, Karl E. Rominger, Esquire filed an Answer to Rule to Show Cause on January 25, 2011 stating that he has no objection to the granting of the Petition for Leave to Withdraw as Counsel. 5. Defendant, Katrina Bopp has not responded to the Order/Rule and January 26, 2011 has passed. WHEREFORE, Petitioners Julie A. Wehnert, Esq. and Kope & Associates, LLC respectfully requests that this Court make absolute the Rule to Show Cause it issued on January 5, 2011 and grant their Petition For Leave to Withdraw as Counsel. Respectfully Submitted, Date: 1 1,31111 KOPE,,"SSOCIATES, LLC By: Jglyb A. Wehnert, Esqui RYAN BOPP, PLAINTIFF V. KATRINA BOPP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4635 CIVIL GARY BOPP AND CATHY BOPP, IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. KATRINA BOPP, DEFENDANT NO. 10-4864 CIVIL ORDER OF COURT AND NOW, this 5`h day of January, 2011, upon consideration of the Petition to Withdraw as Counsel filed by the Counsel for Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before January 26, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer the Court will determine if a hearing or further Order is needed. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, V*k -? uj? M. L. Ebert, Jr., J Julie A. Wehnert, Esquire Petitioner Karl Rominger, Esquire Attorney for Defendant Katrina Bopp Defendant bas CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire, of trope & Associates, LLC, hereby certify that on ' February 1, 2011, a true and correct copy of the foregoing Motion to Make Rule Absolute was served upon the below-referenced individual at the address listed by way of first class mail, postage pre-paid: Katrina Bopp 502 S. Henderson Street Salem, Mo 65560 (Respondent) Karl Rominger, Esquire Rominger & Associates, LLC 155 South Hanover Street Carlisle, PA 17013 (Attomey for Plaintiff) & ASSOCIATES, LLC JAs", . Wehnert, Esquire 3 t. Johns Church Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 Tf?IfLP??T??r?`'t 0 TA R', '7011 FEB -4 4M 9: 51 KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwe li n e rt@ ko pe I aw. co m CUMBERLA-40 Ct.Utj e y ENNS YLVA rj A Attorney for Defendant RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. GARY BOPP and CATHY BOPP, Plaintiffs, vs. KATRINA BOPP, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4635 CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c;etw NO. 486 - to ys&, 4 CIVIL ACTION - LAW ORDER AND NOW, this 4A day of 2011, upon consideration of the Petitioners' Motion to Make Rule Absolute, it is hereby ORDERED and DIRECTED that Petitioner's Motion to Make Rule Absolute is GRANTED. It is hereby ORDERED that the appearance of Julie A. Wehnert, Esquire and Kope & Associates, as counsel for Defendant, may be withdrawn upon the filing of a Praecipe with the Prothonotary. BY THE COURT: trope 4 Assoc. LLB 0 i, wiled Karl E ?i ornin9?r, F.s? a'4I1( M.L. Ebert, Jr., Ka+ri na, &PP , P^?2 tx8 RYAN BOPP, V. KATRINA BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs V. KATRINA BOPP Defendant ter`' ?, No.: 2010-4864 CIVIL TERM-e IN CUSTODY ? The Honorable M. L. Ebert, Jr. MOTION TO CONTINUE CUSTODY TRIAL AND NOW, comes Plaintiffs, Gary and Cathy Bopp, by and through their counsel, Karl E. Rominger, Esquire, and in support of their Motion, avers as follows: 1. A custody trial is scheduled for March 10, 2011. -a rn C.? 3 D ? 2. Undersigned counsel will be out of state on previously scheduled vacation beginning March 3, 2011, through March 11, 2011, and is unable to attend the same. 3. Katrina Bopp is pro se and it is unknown what her position is as to this continuance request. 4. The parties are attempting to work out a resolution without trial. WHEREFORE, Plaintiffs respectfully request that this Honorable Court continue the custody trial currently scheduled. Date: (C( Respectfully Submitted, Ro & Associates Kar . Rominger, Esquire 15-5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Gary & Cathy Bopp i RYAN BOPP, V. KATRINA BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs No.: 2010-4864 CIVIL TERM V. KATRINA BOPP Defendant IN CUSTODY The Honorable M. L. Ebert, Jr. CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Motion to Continue Custody Trial upon the following by depositing the same in the United States Mail, postage pre-paid, by first class mail, in Carlisle, Pennsylvania, addressed as follows: Katrina Bopp, pro se 502 S. Henderson Salem, MO 65560 Respectfully Submitted, Rominger & Associates ....................... Date: Qi& I Karl" E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Gary & Cathy Bopp R r X t RYAN BOPP, V. KATRINA BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 4635 CIVIL TERM Defendant IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs V. KATRINA BOPP Defendant No.: 2010-4864 CIVIL TERM IN CUSTODY The Honorable M. L. Ebert, Jr. ORDER OF COURT AND NOW, this ? 01-- day of , 2011, upon consideration of the within Motion to Continue Custody Trial, said Motion is GRANTED. The custody trial currently scheduled for March 10, 2011, is continued to the ?S day of 2011, at a o'clock M., in Courtroom Number at the Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 Katrina Bopp, pro se 502 S. Henderson Salem, MO 65560 C0p;eS f ,a,: Jed 91. 4sf jl of N3 co ? , V RYAN BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V 06-4635 CIVIL TERM Gl KATRINA BOPP, IN CUSTODY Defendant GARY BOPP and CATHY BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA • '7 na V 10-4864 CIVIL TERM KATRINA BOPP, IN CUSTODY xm ?o==w Defendant cnr-- N -<> C :X C :t (; IN RE: CUSTODY cz. ORDER OF COURT - -- T';' ' AND NOW, this 15th day of June, 2011, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that both parties shall submit to the court a proposed request for custody arrangements between the two parties on or before July 8, 2011. IT IS FURTHER ORDERED AND DIRECTED that both parties may submit briefs in support of their request, however, briefs are not ordered. J Karl E. Rominger, Esquire For the Plaintiffs Katrina Bopp 502 S. Henderson St. Salem, MO 65560 az ?e? c opies ,,if A :mtf By the Court, RYAN BOPP, PLAINTIFF V. KATRINA BOPP, DEFENDANT GARY BOPP AND CATHY BOPP, PLAINTIFFS V. KATRINA BOPP, DEFENDANT C) ?? C-7 IN THE COURT OF COMMON PLEAS OFvW ? PENNSYLVA CUMBERLAND COUNTY ? , ?- -Orn PO c? - n ; k 4635 CIVIL/ 06 O c? C - N . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4864 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 25th day of August, 2011, after hearing in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: The Mother, Katrina Bopp, and the Paternal Grandparents, Gary and Cathy Bopp, shall enjoy shared legal custody the children, Beecher Bopp, born May 4, 2002 and Brogan Bopp, born October 11, 2004. Major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to either party. With regard to any emergency decisions that must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with the other party as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. PHYSICAL CUSTODY: (A) SCHOOL YEAR: (1) Paternal Grandparents: Paternal Grandparents shall have primary physical custody of the children during the 2011 - 2012 school year. The children shall be enrolled in the Upper Dauphin Area School District. (2) Mother: Mother shall have liberal visitation rights to see the children whenever she is in Central Pennsylvania. (B) SUMMER VACATION 2012: (1) Mother: Mother shall have primary physical custody of the children during the 2012 summer vacation beginning Sunday, June 10, 2012. If an exchange point and/or transportation for the children cannot be agreed upon, the exchange shall take place at an agreed upon location along Interstate 70 in the vicinity of Dayton, Ohio. (2) Paternal Grandparents: Paternal Grandparents shall have liberal visitation rights to see the children if they desire to visit or are in the vicinity of Salem, Missouri. 3. CHRISTMAS: Mother shall have primary physical custody of the children during the 2011 Christmas school break from Saturday, December 24, 2011, to Sunday, January 1, 2012. Unless Paternal Grandparents arrange and pay for airline transportation for the children, the parties will exchange custody at an agreed upon location along Interstate 70 in the vicinity of Dayton, Ohio. 4. HOME VISIT: Cumberland County Children and Youth Services is directed to contact the Children and Youth Services Agency responsible for the Salem, Missouri area to do a home visit at the Mother's home and provide this Court with a brief report as to the suitability of Mother's home. 5. COMMUNICATION: All parties are hereby directed to refrain from preventing the children from talking on the telephone with the other party, or preventing the children from calling the other party. In addition, the children shall be permitted regular mail and email access from and to all parties. 6. UPDATE HEARING: The parties will appear for an update hearing before this Court on August 10, 2012, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse. The Parties will be required to give an update as to their living situation, employment, and financial status. Copies of all the children's report cards for the 2011-2012 school year shall be provided to the Court. Additionally, the children will be required to be present at the hearing for an interview with the Court. The purpose of this hearing is to determine where the children will attend school for the 2012-2013 school year. r? 7. NONALIENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. It is specifically directed that neither party shall disparage the other party's significant other in the presence of the children. Additionally, it is specifically directed that the parties are not to embroil the children in the acrimonious relationship between the parents. The parents are not to involve or influence the children in regard to negative inferences/statements against the other party. 8. MODIFICATION: The parties may modify the provisions of this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. By the Court, M. L. Ebert, Jr., J. Karl Rominger, Esquire Attorney for Paternal Grandparents 155 S. Hanover Street Carlisle, PA 17013 CoP? a a?OI P? Katrina Bopp I Mother 502 S. Henderson Salem, MO 65560 bas RYAN BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 06-4635 CIVIL TERM 1~ KATRINA BOPP, Defendant IN CUSTODY ---------------------------------------------------------------- GARY BOPP and CATHY BOPP, IN THE COURT OF COMMON PLEAS OF Plaintiffs: CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 10-4864 CIVIL TERM KATRINA BOPP, Defendant IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 10th day of August, 2012, it is hereb ORDERED AND DIRECTED that paternal grandparents, Gary and Cathy Bopp, shall have primary physical custody of the children during the 2012-2013 school schedule and that they shall be enrolled in the Upper Dauphin Area School District. It is further ORDERED D DIRECTED that the parties shall submit to the Court proposed schedules for holidays and next summer's vacation on or before October 19, 2012. By the Court, ~~ M.L. Ebert, Jr., / Karl E. Rominger, Esquire For Gary and Cathy Bopp ~...~ ~ t;~;~: '~, /Katrina Bopp ^' ~. 502 South Henderson Street c ~- Salem, MO 65560 ~' ~, _ c3 -C, t11 , C~ ~ mlc C~~eS ,w.a..,`l~o~ ~//,S~~a -v ~..~,~ ~~ 3 p~~~~ ~~ Vii=, -µi C `'` RYAN BOPP, Plaintiff, vs. KATRINA BOPP, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. rr.. CIVIL ACTION -LAW IN CUSTODY GARY BOPP and CATHY BOPP, : IN THE COURT OF COMMON PLEAS Plaintiffs, :CUMBERLAND COUNTY, PENNSY~/A . ,~„ -a vs. NO.2010-4864 ~ ~r»~w`. ~~ KATRINA BOPP, :CIVIL ACTION -LAW °p ~,~j Defendant, : IN CUSTODY ~a PROPOSED VACATION SCHEDULE ~~ ~ w ~''' -< ao AND NOW, come the Plaintiffs, Gary and Cathy Bopp, by and through their coons 'l, Karl E. Rominger, Esquire, and submits the following vacation schedule: a. Mother shall have rights of custody during the children's summer break school for a period of three weeks. This custodial time shall start no sooner than second Saturday after the last day of school and end at least two weeks prior to the of the new school year. b. Other times as agreed upon by both parties. WHEREFORE the petitioners respectfully submit the Proposed Vacation Schedule to ~ court. Respectfully submitted, Date: August 27, 2012 ~__ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241 - 6070 Supreme Court ID #: 81924 Attorney for Gary and Cathy Bopp RYAN BOPP, v. KATRINA BOPP, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06 - 4635 CIVIL TERM IN CUSTODY GARY BOPP and CATHY BOPP Plaintiffs . No.: 2010-4864 CIVIL TERM v. KATRINA BOPP IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Pr Vacation Schedule upon the following by depositing the same in the United States Mail, ~ pre-paid, by first class mail, in Carlisle, Pennsylvania, addressed as follows: Julie A. Wehnert, Esquire KOPE & ASSOCIATES 395 St. Johns Church Road Camp Hill, Pennsylvania 17011 Respectfully Submitted, Rominger & Associates Date: August 27, 2012 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Gary & Cathy Bopp