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HomeMy WebLinkAbout06-5429TERESA L. HERB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. G 40 r syay CIVIL TERM THOMAS C. DELP, CIVIL ACTION - LAW Defendant IN CUSTODY 1. Plaintiff is the Mother, Teresa Herb, who currently resides at 336 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is the Father, Thomas Delp, who currently resides at 224 Brookridge Court, Harrisburg, Dauphin County, Pennsylvania 17112. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of the following children: Name Address DOB Alexandra C. Delp 336 West Main Street, Mechanicsburg, Pennsylvania 17013 Thomas C. Delp, Jr. 336 West Main Street, Mechanicsburg, Pennsylvania 17013 June 19, 1995 March 22, 2000 6. Alexandra and Thomas Jr., were born out of wedlock. 7. The children are in the primary custody of the Plaintiff, residing at 336 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Teresa Herb & Thomas Delp Teresa Herb & Thomas Delp Teresa Herb & Her Parents Teresa Herb Teresa Herb & James Stepp Address Derry Street, Harrisburg, PA 2637 Canby Street Harrisburg, PA 17111 465 Mountain House Road Halifax, PA 17032 27 North 5"' Street Halifax, PA 17032 336 West Main Street Mechanicsburg, PA 17055 Date Birth to 1997 1997 to 2004 2004 to November 2005 November 2005 to May 2006 May 2006 to Present 9. The mother of the children is Teresa Herb, who currently resides at 336 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 10. The father of the children is Thomas Delp, who currently resides at 224 Brookridge Court, Harrisburg, Dauphin County, Pennsylvania 17112. 11. The mother and father of the children are not currently married. 12. The relationship of Plaintiff to the children is that of Mother. 13. The relationship of Defendant to the children is that of Father. 14. The Plaintiff currently resides with the following persons: a. Her fiance, James Stepp; and b. His Biological Daughter, Melinda Stepp (age 5). 15. The Defendant currently resides with the following persons: a. His Roommate(s). 16. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 17. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 19. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor children since their birth. She has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the children; iii. Purchased, cleaned and cared for the children's clothing; iv. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; vi. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. b. The Mother will be able to ensure for the children's safety and care. c. The Mother will be able to provide a stable home for the children. d. The children have a psychological bond with the Mother. e. The Mother can provide for the children both financially and emotionally. f. The Mother can provide the children with the basic day to day necessities. g. The Mother has been the sole caregiver of the children since Alexandra was age two (2) and Thomas Jr., was born due to the fact the Father has only been part of their lives on a sporadic basis since he has seen the children less than a six (6) times in any given year. 20. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant primary physical and legal custody of the children to the Plaintiff/Mother with partial physical custody rights to the Defendant/Father only at such times as agreed to by the Plaintiff/Mother. Respectfully submitted, DATE ` I V+ I CL ABom & KUTULAAys, L.L.P. Michelle L. Sommer Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff I, TERESA HERB, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date a'O TERESA HERB CERTIFICATE OF SERVICE AND NOW, this 11.41 ?' day of September, 2006, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: Thomas C. Delp 224 Brookridge Court Harrisburg, PA 17112 Respectfully submitted, om & KVTuLAKis, L.L.P. 1 Michelle L. Sommer, squire ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff es- 0 7C. i" TERESA L. HERB IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS C. DELP DEFENDANT 06-5429 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 20, 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 Thursday, October 26, 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 hearinp,. FOR THE COURT, By: /s/ Hubert X. Gilro Es . -7-" 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 orra-v -/C/' VC 'dINVAIOWd LZ .Z Wd OZ d3S 90OZ MViQSjit i7'"i OH,'d 3HI JO OCT 312006 L z TERESA L. HERB, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-5429 CIVIL ACTION - LAW THOMAS C. DELP, Defendant IN CUSTODY COURT ORDER AND NOW, this day of Qo v , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Teresa L. Herb and the Father, Thomas C. Delp, shall enjoy shared legal custody of Alexandra C. Delp, born June 19, 1995, and Thomas C. Delp, Jr., born March 22, 2000. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At such other times as agreed upon by the parties. 4. For summer vacation, both parties shall be entitled to at least of two weeks of uninterrupted time with the minor children. The parties shall give each other at least sixty days notice as to when they intend to exercise that vacation. 5. Holidays shall be handled as follows: it ;'r' A. Unless agreed otherwise by the parties, Mother shall have the Christmas holiday from December 24th at noon until December 25th at noon, and Father shall have December 25th at noon until December 26th at noon. B. The parties shall alternate custody on New Year's Day, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. Mother shall have custody of the minor children in even numbered years on New Year's Day, Memorial Day and Labor Day and custody in odd numbered years on Easter, July 4th and Thanksgiving. The Father shall have the reverse of Mother's schedule. The parties may modify this as they agree. 6. Father shall always have custody of the minor children on Father's Day, and Mother shall always have custody of the minor children on Mother's Day. This provision shall supercede any other provision of this Order. 7. The parties may agree on any modification of this Order as they desire. Absent an agreement, this Order shall control. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 8. In the event Father is not available to take care of the minor children during the times that he has custody and his unavailability extends for a period of four (4) hours or more, Father must notify Mother and give her the first opportunity to provide day care for the children. Mother shall be under no obligation to provide care in those circumstances, but Father must give the Mother the right of first refusal. cc: Michelle L. Sommer, Esquire -l- C Mr. Thomas C. Delp BY THE COURT, f % TERESA L. HERB, Plaintiff v THOMAS C. DELP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5429 CIVIL ACTION - LAW 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: Alexandra C. Delp, born June 19,1995 Thomas C. Delp, Jr., born March 22, 2000 2. A Conciliation Conference was held on October 26, 2006, with the following individuals in attendance: The Mother, Teresa L. Herb, with her counsel, Michelle L. Sommer, Esquire The Father, Thomas C. Delp, who appeared without counsel 3. The parties agreed to the entry of an Order in the form as attached. Date: October 0 , 2006 ?0? ubert X. Gi oy, Esquire Custody C ciliator Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) RLE3-r#{E OF THE ?T4TAN 1010 FES -5 PM 1:::0 Cl4'ut?L?LV ?UUNTY TERESA L. HERB, Plaintiff V. THOMAS C. DELP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2006-5429 IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER AND NOW, comes Petitioner/Defendant Thomas C. Delp, by and through his attorney, Sheri D. Coover, Esquire and files the following PETITION FOR MODIFICATION OF A CUSTODY ORDER and in support thereof avers as follows: 1. On November 3, 2006, this Honorable Court entered an Order which granted Plaintiff/Respondent primary physical custody of the minor children Alexandra C. Delp (DOB 6/19/95) and Thomas C. Delp (DOB 3/22/00) with Petitioner enjoying periods of temporary physical custody (a true and correct copy of this Order is hereby attached to this Petition). 2. Defendant/Petitioner is requesting that this Court modify the current custody order to grant him primary physical custody of the minor children for the following reasons: a. The Plaintiff/Respondent has been using physical discipline with the children and has often struck the children in the face instead of using non-physical discipline; ?T.oo PQ ATE dot 4do Pte' am'u t b. The Plaintiff/Respondent's husband is physically abusive toward the children; C. The Plaintiff/Respondent and her husband with whom the minor children reside engage in physical abuse against each other in front of the children; d. The oldest child is suffering psychological problems due to her environment and has been engaging in acts of self-harm, including cutting herself. When the Defendant/Petitioner attempted to talk to Plaintiff/Respondent about the child's need for medical help/counseling the Plaintiff/Respondent refused to acknowledge the problem; e. After an altercation between Alexandra and Respondent that occurred on February 2, 2010, the oldest child has run away from home and is staying with relatives but has been in contact with Defendant/Petitioner. She has informed Defendant/Petitioner that she would run away from home and not return if she is forced to return to Plaintiff/Respondent's home. 3. Petitioner has made attempts to discuss his concerns with the Respondent about the well-being and best interest of the minor children and to resolve these matters without Court intervention, but has been unsuccessful. 4. Undersigned counsel has discussed the above-mentioned concerns with Respondent's counsel but no agreement to settle the matter without court intervention could be reached. 5. An emergency petition for special relief is being filed at the same time as this PETITION TO MODIFY CUSTODY. 4 OCT ? s 12 006 TERESA L. HERB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-5429 CIVIL ACTION - LAW THOMAS C. DELP, Defendant IN CUSTODY iu' i 16 -0' 9 2?Z "C:L" --?r.Mr.-?-?- -- COURT ORDER AND NOW, this day of Q0 V , 2Q06, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Teresa L. Herb and the Father, Thomas C. Delp, shall enjoy shared legal custody of Alexandra C. Delp, born June 19, 1995, and Thomas C. Delp, Jr., born March 22, 2000. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At such other times as agreed upon by the parties. 4. For summer vacation, both parties shall be entitled to at least of two weeks of uninterrupted time with the minor children. The parties shall give each other at least sixty days notice as to when they intend to exercise that vacation. 5. Holidays shall be handled as follows: A. Unless agreed otherwise by the parties, Mother shall have the Christmas holiday from December 24th at noon until December 25th at noon, and Father shall have December 25th at noon until December 26th at noon. B. The parties shall alternate custody on New Year's Day, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. Mother shall have custody of the minor children in even numbered years on New Year's Day, Memorial Day and Labor Day and custody in odd numbered years on Easter, July 4th and Thanksgiving. The Father shall have the reverse of Mother's schedule. The parties may modify this as they agree. 6. Father shall always have custody of the minor children on Father's Day, and Mother shall always have custody of the minor children on Mother's Day. This provision shall supercede any other provision of this Order. 7. The parties may agree on any modification of this Order as they desire. Absent an agreement, this Order shall control. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 8. In the event Father is not available to take care of the minor children during the times that he has custody and his unavailability extends for a period of four (4) hours or more, Father must notify Mother and give her the first opportunity to provide day care for the children. Mother shall be under no obligation to provide care in those circumstances, but Father must give the Mother the right of first refusal. T rPa* 10 vidwW, I here ulft 8d RV *AN -hp of std Cat*± ? CadWe, Pa o'/, onotay cc: Michelle L. Sommer, Esquire Mr. Thomas C. Delp c 15? BY THE COURT, OF TrE 2010 FEB -5 PM f *- 39 Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) `"P?NSVA TERESA L. HERB, Plaintiff V. THOMAS C. DELP, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CASE NO. 2006-5429 IN CUSTODY EMERGENCY PETITION FOR SPEC LAL RELIEF AND NOW, comes Petitioner/Defendant Thomas C. Delp, by and through his attorney, Sheri D. Coover, Esquire and files the following EMERGENCY PETITION FOR SPECIAL RELIEF and in support thereof avers as follows: 1. On November 3, 2006, this Honorable Court entered an Order which granted Plaintiff/Respondent primary physical custody of the minor children Alexandra C. Delp (DOB 6/19/95) and Thomas C. Delp (DOB 3/22/00) with Petitioner enjoying periods of temporary physical custody (a true and correct copy of this Order is hereby attached to this Petition). 2. On or around Wednesday, February 2, 2010, Plaintiff and the older child, Alexandra got into a physical altercation, whereby Plaintiff struck the child in the face. 3. Upset by the confrontation, the child ran away from home and went to a friend's home where she called Petitioner. -70.00 . P A ATt4 Ott 4010 V*6137, I 4. After receiving the telephone call, Respondent went to the friend's home and to talk to Alexandra. 5. Alexandra was very upset and her friend advised Petitioner that Alexandra had been engaging in acts of self-harm, including cutting herself. 6. Petitioner inspected Alexandra's arms and saw that there were numerous cuts on the child's arms. 7. Petitioner went to the home of Respondent to discuss the situation with Alexandra with her and with other concerns that he had about physical abuse that had been occurring with the children. 8. Respondent had not been aware that the child had left her home and was not agreeable to listen to the Petitioner's concerns about the child. 9. Petitioner proposed that the older child live with him for a period of time during which he would get the child into counseling and allow the child and the Respondent time to work out their issues, but the Respondent refused the proposal. 14. The child refuses to return to the Respondent's home due to her concerns of physical abuse that are taking place within the home. 11. On at least one occasion, Respondent's husband grabbed Thomas C. Delp, Jr. around the neck and left red marks on the child's neck. 12. Respondent and her husband have engaged in physical abuse against each other which in one instance led the Thomas Jr. to call the police for assistance. 13. Thomas Jr. informed the Petitioner that his mother had told him not to tell anyone about what went on inside their home because him and his sister would be taken away from them. . -. 14. Alexandra has informed Petitioner that she would run away from home and not return if she is forced to return to Plaintiff/Respondent's home. 15. Petitioner has made attempts to discuss his concerns with the Respondent about the well-being and best interest of the minor children and to resolve these matters without Court intervention, but has been unsuccessful. 16. Undersigned counsel has discussed the above-mentioned concerns with Respondent's counsel but no agreement to settle the matter without court intervention could be reached. She has been advised of the contents of this petition but it is believed that she does not concur with the relief requested. 17. The Honorable Judge Oler has previously been assigned to this case. 18. A PETITION TO MODIFY CUSTODY was filed at the same time as this petition. WHEREFORE, Defendant/Respondent requests that this Court modify the current custody Order to grant the Defendant/Petitioner primary physical custody of the minor children until fin then proceedings in this matter/cin be held. S ri D. Coover, Esquire Aftorney 93285 44 S. Hanover Street Carlisle, PA 17013 4, Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) TERESA L. HERB, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 2006-5429 THOMAS C. DELP, Defendant : IN CUSTODY VERIFICATION I, Thomas C. Delp hereby certify that I have reviewed the foregoing PETITION FOR SPECIAL RELIEF and aver that all of the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be subject to penalties both criminally and civilly under Pennsylvania and federal law for any false statements contained therein. .Z? -/ - _- m-q C. Delp ;.-j "/o Date Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) TERESA L. HERB, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2006-5429 THOMAS C. DELP, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this day of February, 2010, 1 caused the foregoing EMERGENCY PETITION FOR SPECIAL RELIEF to be served upon counsel for the PlaintifflRespondent by United States first class mail addressed as follows: Michelle L. Sommer Aboin & Kutulalds 2 West High Street Carlisle, PA 17013 y" D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 V , T? OM & Ku l LILAKIS Michelle L Sommer, Esgnire Attoriaey I.D. No.: 93034 2 Vest High Street Carlisle, Pennsylvania 17013 (717) 249-0900 TERESA L. HERB, Plaintiff V. EII_ED--?-'rr r 0E t he i'R L, 7 2010 FE3 I I ail ?: 03 V ?JfY1 -" !.lid 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-5429 CIVIL TERM THOMAS C. DELP, CIVIL ACTION - LAW Defendant IN CUSTODY TO THE HONORABLE JUDGE OLER OF SAID COURT: ANSWER TO DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Respondent/Plaintiff, Teresa L. (Herb) Stepp, by and through her counsel, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Answer to Defendant's Emergency Petition for Special Relief, and in support thereof, avers as follows: 1. Admitted. 2. Denied. 3. Admitted. a. By way of further answer, the child ran away from home after she was confronted by the Respondent/ Mother for receiving a disciplinary action from her school for skipping 9`h period study hall, the last class of the day, over eight (8) times. (A true and correct copy of the Parental Notification of Disciplinary Action and Referral are attached hereto as Exhibit A.) 4. Admitted in part and denied in part. a. Respondent did go to the friend's home; however Alexandra was already gone. b. It is specifically denied that the Respondent received a phone call. By way of further answer, Respondent attempted to can the friend's home; however, friend indicated that Alexandra was not there and Respondent asked that if she showed up to please call her immediately. 5. Respondent has no knowledge to admit or deny what the friend advised Petitioner. a. By way of further answer, Respondent/Mother has never seen any marks of self-harm or cutting on Alexandra. Respondent/Mother is concerned that these acts of harm that may include "cutting" could have begun that night because Respondent/Mother just took Alexandra dress shopping for a school dance approximately 1-week prior and was with her in the dressing room and never saw any indication of self mutilation by Alexandra. 6. Respondent has no knowledge to admit or deny this averment. 7. Denied. a. It is specifically denied that the Petitioner went to the Respondent's home to discuss this situation with Alexandra regarding physical abuse. By way of further answer, Petitioner went to the Respondent's home to yell at her about the situation with the school, when in fact he was not aware of her even skipping class. By way of further answer it was the Petitioner who was contacted by Alexandra after she ran away from home and Father was well aware of her location; however he refused to tell Respondent/Mother of where she was, nor would he tell the Pennsylvania State Police of her location only indicating to all parties that she was "safe". 8. Admitted in part and denied in part. a. It is admitted that the Respondent was unaware that Alexandra had left her home since the child had snuck out of the home without either Respondent's or the child's step-father's knowledge. b. It is specifically denied that the Respondent was not agreeable to listen to the Petitioner regarding concerns about Alexandra. 9. Denied. a. It is specifically denied that the Respondent refused the Petitioner's proposal to allow Alexandra to seek counseling to work on her issues and in fact undersigned counsel sent a letter by facsimile and by mail to Petitioner's counsel suggesting that very idea. (A true and correct copy of the letter to Attorney Coover dated February 5, 2010 is attached hereto as Exhibit B.) 10. Respondent has no knowledge to admit or deny this averment. 11. Denied. a. It is specifically denied that Respondent's husband, James Stepp, grabbed Thomas C. Delp, Jr., around the neck. By way of further answer, at the end of May 2007, Tommy Jr., was throwing rocks at his step-father and he was asked to stop. When he refused, his step-father went to grab him to make him stop and Tommy Jr., ran out of his grasp and was accidentally scratched him on his neck. He in no way "grabbed" the child around the neck. 12. Denied. a. It is specifically denied that the Respondent and her husband, the minor children's step-father, have engaged in any incidents of physical abuse against one another. b. It is specifically denied that Tommy Jr., ever called the police for assistance. 13. Denied. a. It is specifically denied that the Respondent has never informed Tommy Jr., or Alexandra to keep secrets from their Father or anyone else. By way of further answer, it is the Petitioner who constantly asks the minor children for intimate details of what goes on in the Respondent's life with her and her husband. 14. Respondent has no knowledge to admit or deny this averment. 15. Denied. a. It is specially denied that Petitioner's Counsel attempted to settle this matter since undersigned counsel attempted to resolve this matter without court intervention when she sent the letter by facsimile and by mail on February 5, 2010; however, Petitioner's Counsel zealously moved forward without allowing Respondent to reply to their requests. (See Exhibit B.) 16. Admitted. 17. Admitted. WHEREFORE, Respondent/Mother prays This Honorable Court deny Father's Petition. Respectfully submitted, BOM & KUT ULAKIS, L.L.P. Michelle L. Attorney ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff/Rerpondent VERIFICATION I, Teresa L. (Herb) Stepp, verify that the statements made in this Answer to Defendant's Emergency Petition for Special Relief are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date ?`? TERESA L. (HERB) STE CUMBERLAND VALLEY SCHOOL DISTRICT Soaring to Greatn4es> Committed to L=Hence Cumberland Valley High School 766-0217 To the Parents/Guardians of: Alexandra Christine Delp 1267 Boiling Spring Road Boiling Springs PA 17007 Grade 09 Parental Notification of Disciplinary Action Your child was referred to the office today for a disciplinary issue and will be placed in Restricted Study Hall. Restricted Study Hall will be for a specified period of time, which will be stated on a discipli ne form sent home with your student. Students may not leave study hall unless they have approval from a teacher. Any further occurrences will result in a discipline consequence. As a Cumberland Valley Administrator, I am always concerned when a student. is referred to my office on a discipline matter. Please discuss this notice with your student to help us avoid any further incidents. If you have any questions, or if you would like to schedule an appointment, please call the school office. Sincerely, °-? Judy Baumgardner Principal EXF RBIT Of Al. STUDENT': CUMBERL4NR VALLEY SGH0001,5TRICT 6746 CARLISLE PIKE MECHANICSBURG; PA 17055, 766-02j 7.9R 2497899E ? LYlN?a LATiOpI t)TTIN . CLAS f SCHOOL # ? EXCESSIVE T kiNO OFT ARDINESS HOOL! CLASS #k El FIGHTINGIPLT EFRCAT1Ql?{ EILEFl GROUNDS VlITHOUT PERtJIISSION Q RUDE !DISCOURTEOUS •QFAILS TO FOLLOW ATTEI?ID. PROCEQURES CI Ctl$RQPTtVE! UNQOOPEMTI"VE. OFORGERY Q 1NAPPRQMATE BEHAVIOR DFAILURE TQ RETIJRI Flf CQe MATERIALS u to ti ~10N. Q STEALING. D RID NOT REPORT DET! SWP ! ASWD: ?TOBACCO llIOLAT10Eyi D DESTRUCTIVE TO SCHOQI. PROPERTY DISREGARD, PDR Rt1LES ? GENEf1. D COT1Tl!WAT10N OF PR, EV10US PROBLEM ©SEE jATTACHED TEACHER INTEf4#/E flQM S) PRIOR TO ArEFERRAL 0 VERBAL R?FR?ji ND Q-JRj tlAAL;TO GOI?NSEf-OR 0 ST- DENTjTEACHER CO FERENCE ? I??4RET1TiTEACf {EFilARN1INIS?TQR COH ?EF16NCE Cl CHANGE OF S)=AT ? Ci°kIER ACTIDNS (k'LEAS DEaORIBE © I,SOLAT10iJ OTH N CLJ.ASSwOI+±! R iNF ?RMEfl STUi?E$?T QI iE 1IR, L. I INQbELER PRAe176 Q8EHAVIOR Goikk9cTION A8sIGM1IhIEt T L3 TI;'Et OVAL OF CLASSROOM PHIVItj- - -S tI £' <4FLENTAL CO TAT 613EiAVIORALMbDIFICAMON PLAN _, _ .. . _.... 7EHEft DETE{JTiC11?t ©LCss OFPASSPRjVlLW ;.;._.. _._ 31, ?>I (.o q Q-kc .T THE STUDENT HMI?BOOK FOR IIc"LL RESULT IN ADDITIONAL ?nlulTt _Cl1=Flflr- (nPV (,RF1=w-!;l lthANf:t= (-nPY FAILURE TO SHOW UP FOR ANY OF THE ASSIGNEtD DISCIPLINARY( PHONE: 76"217 EXT. . (Date) - PART flNT COPY PINK- TEACHER'S COPY GOLD-STUDENT BOM P TL,ILAKIS ATTORNEYS AT LAW Februali- 5, 2010 SENT VIA REGULAR MAIL & FACSIMILE TO (717) 960-0074 Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Re: Teresa Herb r: Thomas Delp Custody, Docket No.: 06-5429 Our File No: 06-342 Dear Sheri: OFFICE L.oCATi- CARLISLE OFF-- (717)249-0900 HARRISBURG OFFICE (717) 332-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 I have spoken with my client and she will agree, temporaril3; to allow Alexandra to stay with her father. However, she needs to stay with her father and not at the "secret location" where she currently is staving. Mother will not come and get her and will agree to not come and remove her from school. We need to have an agreement that Alex will be at school on Monday morning Februan, S`h for the start of her first class. We will agree that this is a temporary, arrangement during which Alex: will be immediately enrolled in counseling, we want her enrolled no later then the end of next meek. Teresa wants to be involved in this process in ever_ , way and wants to make sure that Thomas is as well. We want to make it very clear that he steps up and participates and attends these sessions, not his mother, nor his fiancee. As I expressed to you on the phone, there is a completely different version of events that happened on Wednesday evening and Teresa rants to make sure that the truth gets conveyed during these counseling sessions and wants to make sure that everyone is involved and works through this together. Teresa wants to use Guidance Associates in Camp Hill (732-2917), Deb Salem's office in Harrisburg (236-6630) or Debbie Bauer in Harrisburg (554-3914). Those are three exceptional options that would be ve177 beneficial for Alex during her time in need to help her through her psychological and emotional issues. We believe the status quo will and should remain in place after Alex works through these issues and her ?glom is willing to help her through this process. As stated above, Teresa will allow. Alex to stay with Thomas during this time. Custody- arrangements will need to be determined so that Teresa can see her daughter while she is working through her issues. However, she has to live with her father or we will not be m agreement and we will be filing an Erergenc`- Petition for Special Relief to have her returned immediately since you have not told us where she is even staving at this point and time. EXHIBIT N ob of Sheri D. Coover, Esquire Februan- ?U10 Page Teresa wants ro be able to talk with Alex at some point in the veri- near future. She is willing to give her the weekend ro calm down and work through her emotional issues. However, she needs ro be able to speak to her daughter and know that she is safe since at this point and tune you have not even provided us with an address and she has been kept out of school for two days. Therefore, Teresa grants to talk to her on Mondav evening. Teresa had a meeting with Tormny's Guidance Counselor, Donna Green, todav and she felt that because of the recent events that transpired with Alex it would be a good idea for Tommy to not go with his father. She believed that Ales should spend the weekend with her Father to have his "undivided attention" to help her "work on her issues". If you have any questions, please feel free to call Tommy's Guidance Counselor at Monroe Elementary regarding her suggestions. Based on their discussions, Teresa has decided to keep Tommy with her this weekend. I hope this will not cause any friction. We are hopeful, that Thomas agrees to focus his attention on his daughter and will agree with Mrs. Green's assessment. Please call me if you have any questions. 1\41 client is more than happy to make the necessary counseling appointment for Ales. My suggestion to mi- client, was that the initial appointment be for Alex with a brief session with both parents to fill the counselor in on the recent turn of events. I look forward to hearing from you soon. Sincerely, Abom & Kutula. s, L.L.P. l - ? Michelle L. Somrner, Esquire 1\ZLS/dh- cc: Teresa Stepp TERESA L. HERB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2006-5429 CIVIL TERM THOMAS C. DELP, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michelle L. Sommer, Esquire, attorney for Respondent do hereby certify that I this day served a copy of the Emergency Petition for Special Relief upon the following by depositing in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, Pennsylvania, 17103 Attorney for the Petitioner/Defendant Date 2.1 11110 Michelle L. So r, Esquire Attorney for the Respondent/Plaintiff -? OM & K? ULAKIS Michelle L. Sommer, Esquire Attorng LD. No.: 93034 2 Vest High Street Carbs1e, Penngivania 17013 (717) 249-0900 TERESA L. HERB, Plaintiff V. FILED-omicc ?F TH- PR" Nf TARY 2010 FEB I I PM 4: 03 CU?v? ?? 4 Ji l?iy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-5429 CIVIL TERM THOMAS C. DELP, CIVIL ACTION - LAW Defendant IN CUSTODY TO THE HONORABLE JUDGE OLER OF SAID COURT: ANSWER TO DEFENDANT'S PETITION FOR A MODIFICATION OF A PARTIAL CUSTODY ORDER AND NOW, comes the Respondent/Plaintiff, Teresa L. (Herb) Stepp, by and through her counsel, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Answer to Defendant's Petition for a Modification of a Partial Custody Order, and in support thereof, avers as follows: 1. Admitted. 2. a. Denied. i. It is specifically denied that the Plaintiff/ Respondent uses physical discipline with the minor children or that she strikes the minor children in the face when she disciplines them. b. Denied. i. It is specifically denied that the Plaintiff/Respondent's husband, James Stepp, is physically abusive to the minor children in anyway. c. Denied. i. It is specifically denied that the Plaintiff/Respondent and her husband, the minor children's step-father, have engaged in any incidents of physical abuse against one another, either alone or in front of the minor children. d. Denied. i. It is specifically denied that Alexandra is engaging in acts of self harm that would including acts of cutting. By way of further answer, Respondent/Mother has never seen any marks of self- harm or cutting on Alexandra. Respondent/Mother is concerned that these acts of harm that may include "cutting" could have begun on the night that Alexandra ran away from home (February 2, 2010) because Respondent/Mother just took Alexandra dress shopping for a school dance approximately 1-week prior and was with her in the dressing room and never saw any indication of self mutilation by Alexandra. ii. It is specifically denied that the Plaintiff/Respondent refused to talk to Petitioner about Alexandra's issues and need for counseling. By way of further answer undersigned counsel sent a letter by facsimile and by mail to Petitioner's counsel suggesting that very idea; however, no response was received and said Petition was filed instead. (A true and correct copy of the letter to Attorney Coover dated February 5, 2010 is attached hereto as Exhibit A.) e. Admitted in part and Denied in part. i. It is admitted that Alexandra ran away from home on February 2, 2010. ii. It is specifically denied that she has been in contact with her Mother. By way of further answer, Respondent asked in her letter dated February 5, 2010, for Alexandra to call her; however, the child has yet to do so. iii. It is specifically denied that the minor child has told her Mother that she would run away from home if she is forced to come back home since she has failed to even call her mother. 3. Denied. a. It is specifically denied that the Plaintiff/Respondent refused to discuss these concerns with the Petitioner when in fact undersigned counsel sent a letter by facsimile and by mail to Petitioner's counsel suggesting that the child be enrolled in counseling and remain in Petitioner's custody during this time; however, Petitioner zealously moved forward without replying to Respondent's letter. (See Exhibit A.) 4. Denied. a. It is specifically denied since undersigned counsel sent a letter by facsimile and by mail on February 5, 2010, in an attempt to resolve this matter without court intervention. (See Exhibit A.) 5. Admitted. WHEREFORE, Respondent/Mother prays this Honorable Court deny Father's Petition and schedule a Conciliation Conference to address the allegations in said Petition. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. 1 Michelle L. So er, Esquire Attorney ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 ,(717) 249-0900 Attorney for Plaintiff/ Respondent VERIFICATION I, Teresa L. (Herb) Stepp, verify that the statements made in this Defendant's Petition for a Modification of a Partial Custody Order are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date II ?" `?- TERESA L. (HERB) STEPP BOM & <UTLILAKIS ATTORNEYS AT LAw Februar7- --),2010 SENT VIA REGULAR MAIL & FACSIMILE TO (717) 960-0074 Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Re: Teresa Herb r ; Thomas Delp Custodv Docket No.: 06-5429 Our File No: 06-342 Dear Sheri: OFFICE 1.OCAT1;` CARLISLE OFFi--= (717)349-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 I have spoken with my client and she will agree, temporari7j, to allow Alexandra to stay with her father. Howel-er, she needs to stay with her father and not at the "secret location" where she currently= is staving. Mother will not come and get her and will agree to not come and remove her from school. We need to have an agreement that Alex will be at school on Monday morning, February 8`" for die start of her first class. We will agree that this is a temporary arrangement during which Alex will be 'nediately enrolled in counseling, we want her enrolled no later then the end of next week. Teresa wants to be involved in this process in even, waj, and wants to make sure that Thomas is as well. We want to make it very clear that he steps up and participates and attends these sessions, not his mother, nor his fiancee. As I expressed to you on the phone, there is a completely different version of events that happened on Wednesday evening and Teresa wants to make sure that the truth gets conveyed during these counseling sessions and wants to make sure that everyone is involved and works through this together. Teresa wants to use Guidance Associates in Camp Hill (732-2917), Deb Salem's office in Harrisburg (236-6630) or Debbie Bauer in Harrisburg (358-3914). Those are three exceptional options that would be verb, beneficial for Alex during her time in need to help her through her psychological and emotional issues. We believe the status quo u-iIl and should remain in place after Alex works through these issues and her 1\lom is willing to help her through this process. As stated above, Teresa will allow Alex to stay with Thomas during this tune. Custody arrangements will need to be deter-Mined so that Teresa can see her daughter while she is working through her issues. Ho-\vever, she has to live ,vith her father or we will not be in agreement and we «vill be filing an Emergence Petition for Special Relief to have her returned immediately since you have not told us where she is even staring at this point and time. EXHIBIT '*A it Sheri D. Coover, E.squite Februan- ?110 Pa(,e Teresa -,vants to be able to talk with Alex at some point in the ven- near future. She is willing to give her the weekend to calm do-,vn and work tinrough her emotional issues. However, she needs to be able to speak to her daughter and know that she is safe since at this point and time you have not even provided us with an address and she has been kept out of school for two days. Therefore, Teresa «ants to talk to her on Monday evening. Teresa had a meeting with Tommi ,'s Guidance Counselor, Donna Green, today and she felt that because of the recent events that transpired with Alex it would be a good idea for Totmny to not go with his father. She believed that Ales should spend the weekend with her Father to have His "undivided attention" to help her "work on her issues". If you have any questions, please feel free to call Tommy's Guidance Counselor at Monroe Elementan- regarding her suggestions. Based on their discussions, Teresa has decided to keep Tommy, with her this weekend. I hope this will not cause any friction. We are hopeful, that Thomas agrees to focus his attention on his daughter and will agree with Mrs. Green's assessment. Please call me if you have any questions. My client is more than happy to make the necessai7, counseling appointment for Alex. My suggestion to my client, was that the initial appointment be for Alex with a brief session with both parents to fill the counselor in on the recent turn of events. I look forivard to hearing from you soon. Sincerely, Abom B Kutula,47s, L.L.P. Michelle L. Sonnrner, Esquire MLS/dhr cc: Teresa Stepp TERESA L. HERB, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2006-5429 CIVIL TERM THOMAS C. DELP, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michelle L. Sommer, Esquire, attorney for Respondent do hereby certify that I this day served a copy of the Defendant's Petition for a Modification of a Partial Custody Order upon the following by depositing in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, Pennsylvania, 17103 Attorney for the Petitioner/Defendant Date 2-N i to F Michelle L. So er, Esquire Attorney for the Respondent/Plaintiff TERESA L. HERB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW THOMAS C. DELP, Defendant NO. 06-5429 CIVIL TERM IN RE: DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 11th day of February, 2010, upon consideration of Defendant's Emergency Petition for Special Relief, a hearing is scheduled for Tuesday, March 23, 2010, at 3:15 p.m., in Courtroom 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING THE HEARING, neither party shall employ, or permit to be employed by any member of his or her household, corporal punishment or other physical force with respect to either of the parties' children. -,, Michelle Sommer, Esq. 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff Sheri D. Coover, Esq. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant Hubert X. Gilroy, Esq. 10 East High Street "d Carlisle, PA 17013 Custody Conciliator l C>2/ n T;rI P`i co M- 33 fri BY THE COURT, TERESA L. HERB IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS C. DELP DEFENDANT 2006-5429 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 12, 2010 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, March 19, 2010 at 9:30 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. 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. Gilroy, Esc,,, 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 FILE --C -r'iC;E 2010 FEB 16 °M 12= 41 Clt;i1' AI'd R EJ. T, fC F r-k r TA. a 4UT Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) TERESA L. HERB, Plaintiff vi. THOMAS C. DELP, Defendant 1010 MAR 12 PIN 3: 56 CLAV "L i?. C CJ Ji L/r +A : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CASE NO. 2006-5429 : CUSTODY MOTION TO WITHDRAW PETITION FOR SPECIAL RELIEF AND NOW, comes Defendant Thomas C. Delp, by and through his attorney Sheri D. Coover, Esquire and files this MOTION TO WITHDRAW PETITION FOR SPECIAL RELIEF and in support thereof avers as follows: 1. On or around February 5, 2010, Defendant Thomas C. Delp filed a Petition for Modification of the Partial Custody Order and a Petition for Special Relief. 2. On February 11, 2010, this Court issued an Order which scheduled a haying on the Petition for Special Relief to be held before the Honorable Judge Oler on Tuesday, March 23, 2010 at 3:15 p.m. 3. The parties have reached an agreement regarding the custody of Alexandra and the matters alleged in the Petition for Special Relief. 4. As a result of that agreement, the hearing on the Petition for Special Relief is no longer necessary and the request for the hearing is hereby withdrawn. 5. All of the parties concur in this motion. WHEREFORE, Defendant Thomas Delp requests that this Court grant his request to withdraw his Petition for Special Relief submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 TERESA L. HERB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CASE NO. 2006-5429 THOMAS C. DELP, Defendant CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 12"' day of March, 2010, I caused the foregoing MOTION TO WITHDRAW PETITION FOR SPECIAL RELIEF to be served upon Plaintiff's counsel via United States First class mail addressed as follows: Michelle Sommer, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 TERESA L. HERB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA W. CIVIL ACTION - LAW THOMAS C. DELP, Defendant NO. 06-5429 CIVIL TERM IN RE: DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this I Ph day of February, 2010, upon consideration of Defendant's Emergency Petition for Special Relief, a hearing is scheduled for Tuesday, March 23, 2010, at 3:15 p.m., in Courtroom 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING THE HEARING, neither party shall employ, or permit to be employed by any member of his or her household, corporal punishment or other physical force with respect to either of the parties' children. BY THE COURT, ? Michelle Sommer, Esq. 2 West High Street Carlisle, PA 17013 Attorney for Plaintiff "Sh D. Coover, Esq. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant Hubert X. Gilroy, Esq. 10 East High Street Carlisle, PA 17013 Custody Conciliator (20F"O-s ma. t 4 rn m ca TERESA L. HERB, : IN THE COURT OF COMMON PLEA Plaintiff : CUMBERLAND COUNTY, j . PENNSYLVANIA = T V. CASE NO. 2006-5429 THOMAS C. DELP, r r- 5 i Defendant CUSTODY -' JOINT MOTION FOR CUSTODY ORDER AND NOW, comes Defendant Thomas C. Delp, by and through his attorney Sheri D. Coover, Esquire and files this JOINT MOTION FOR CUSTODY ORDER and in support thereof avers as follows: 1. On or around February 5, 2010, Defendant Thomas C. Delp filed a Petition for Modification of the Partial Custody Order. 2. The parties have reached an agreement which has been reduced to a writing and signed and notarized. That agreement is hereby attached to this Motion as Exhibit 1. 3. The parties wish that the following motion be entered into as an Order of Court. 4. Counsel for the Plaintiff, Michelle Sommers, Esquire, has indicated that she concurs in this Motion. 5. The Honorable Judge Oler has previously been assigned to this case. WHEREFORE, the parties request that the attached Custody Stipulation be recognized and entered as the custody Order for the above-mentioned case. submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 TERESA L. HERB, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. 2006-5429 THOMAS C. DELP, Defendant CUSTODY CUSTODY STIPULATION/ORDER AND NOW, this 7+h day of mArcx-) , 2010, it is hereby stipulated and agreed between the parties as follows: 1. Thomas C. Delp (hereinafter referred to as "Father") and Teresa L. Herb (hereinafter referred to as "Mother) are the parents of Alexandra C. Delp (DOB 6-19- 1995) and. Thomas C. Delp (DOB 3-22-00). 2. Legal custody as defined by the Act of October 30, 1985, P.L. 264, 23 P.S. § 5301 et.seq. will be shared by Father and Mother. Major decisions concerning the children, including but not limited to the child's education, health, welfare, upbringing and religious training shall be made by the parties jointly. 3. Mother shall have primary physical custody of the minor child, Thomas C. Delp subject to periods of partial custody to be exercised by Father on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 4. Father shall have primary physical custody of the minor child, Alexandra C. Delp subject to periods of partial custody to be exercised by mother on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. on the same weekend that Mother has her period of custody of Thomas C. Delp as described above. Mother's periods of partial physical custody of Alexandra will commence when Mother and Alexandra feel that they are appropriate. If Alexandra's visitation with Mother does not commence prior to May 7, 2010, the parties will be directed to attend the custody conciliation scheduled in the Cumberland County Courthouse on May 7, 2010 at 9:30 a.m. at which time this custody provisions pertaining to Alexandra only will be addressed. Father is to encourage the child to visit with Mother prior to commencement of Mother's custody to allow Mother and Alexandra an opportunity to work on strengthening their relationship. 5. For summer vacation, both parties shall be entitled to at least two weeks of uninterrupted time with the minor children. The parties shall give each other at least thirty days notice as to when they intend to exercise that vacation. 6. Holidays shall be handled as follows: a. Unless agreed upon otherwise by the parties, Mother shall have the Christmas holiday from December 24th at noon until December 25th at noon and Father shall have December 25th at noon until December 26th at noon. b. The parties shall alternate custody on New Year's Day, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. Mother shall have custody of the minor children in even numbered years on New Year's Day, Memorial Day and Labor Day and custody in odd numbered years on Easter, July 4th and Thanksgiving. Father shall have the reverse of Mother's schedule. The parties may modify this as they agree. 7. Father shall always have custody of the minor children on Father's Day and Mother shall always have custody of the minor children on Mother's Day. This provision shall supersede any other provisions of this Order. 8. The parties may agree on any modification of this Order as they desire. Absent an agreement, this Order shall control. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 9. In the event one of the parties is not available to take care of the minor children during the times of their custody and their unavailability extends for a period of four (4) hours or more, the custodial parent must notify the non-custodial parent and give them the first opportunity to provide day care for the children. 10. While in the presence of the child, no party shall make or permit to be made by any person, any derogatory or uncomplimentary remarks about the other parent or any statement intended to estrange the children from the other parent. 11. Mother and Father shall have liberal and reasonable telephone contact with the child while the child is in the custody of the other parent. The parties agree to provide each other with their addresses and phone numbers and will notify each other within five (5) days if they change either. The parties agree that they will have the child return any calls made by the other party to the child which have been missed within twenty-four hours after they have been made. 12. The parties agree to share transportation of the children to effectuate the afore-mentioned custody exchanges. The party exercising custody of the child shall provide the transportation to accommodate the custody exchange.. The custody exchanges are to occur only at the parties' homes and no other places. 13. The custodial parent shall provide to the non-custodial parent any and all information regarding the children's educational progress, religious training, mental health, physical health, welfare and social events. 14. Alexandra is directed to continue her counseling with Debbie Bauer until such time as Ms. Bauer determines that the counseling is no longer necessary. Father is directed to take Alexandra to all counseling appointments and should keep Mother apprised as to when the sessions will be held. No one other than the parties and Alexandra will be allowed to participate in the counseling sessions unless specifically requested by Debbie Bauer. The parties are to equally share the expenses of the counseling that are not otherwise covered by insurance. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Thoma e p Teresa Herb COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PENNSYLVANIA SS On this ? day of --MM &k-) , 2010, before the undersigned officer appeared THOMAS C. DELP known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL VALERIE F. GSELL, Notary Public Carlisle Boro., Cumberland County M Commission Expires October 9, 2010 NOTARY PUBLI (SEAL) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PENNSYLVANIA SS On this q day of `"MQA&.k, , 2010, before the undersigned officer appeared TERESA HERB known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A'n NOTARY PUBLIC (SEAL) G, DEBORAH L IN ,iry Public i r , , ,4 w ?herland Mechanicsbrj; c ?l!yCorni: s+r ;ne 11, 2010 TERESA L. HERB, Plaintiff V. THOMAS C. DELP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2006-5429 CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 12"' day of March, 2010, I caused the foregoing JOINT MOTON FOR CUSTODY ORDER to be served upon Plaintiff's counsel via United States First class mail addressed as follows: Michelle Sommer, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 TERESA L. STEP f/k/a TERESA L. HERB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v THOMAS C. DELP, Defendant CIVIL ACTION - LAW 5 94 NO. 20069 IN CUSTODY ORDER J7 AND NOW, this day of May, 2010, the Conciliator being advised the parties are satisfied with the current Custody Order and no longer require a Custody Conciliation Conference, the Conciliator relinquishes jurisdiction. Hubert X. Gilr , Esquire Custody Conc' iator 0 fV f'7'} rT: Ta C a