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Home My WebLink About01-3449 Barbara Sumple-SuIlivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : NO. 0/- 3Yr't CU;;J. -r~ CUSTODY COMPLAINT I. The Plaintiff is Michael W. Cross (hereinafter referred to as "Father"), who currently resides at 231 Walnut Level Road, New Cumberland, Pennsylvania, 17070. 2. The Defendant is Wendy L. Marpoe (hereinafter referred to as "Mother"). who currently resides at RD 2, Box 215C, Martinsburg, Pennsylvania, 16662, 3. Plaintiff seeks reaffirmation of the status quo wherein the parties presently share legal and physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH William C. Cross (known as "Cody") 231 Walnut Level Road New Cumberland, PA 3/21/93 Kimber L. Cross RD 2 Box 215C Martinsburg, P A 6/6/94 4. The children were not born out of wedlock. 5. Presently, the physical custody of the children is divided between the parents with Kimber residing with Mother and Cody residing with Father. 6. The children have resided in various places and Mother has voluntarily relinquished primary custody of Cody to Father at various times during this period. During the past five (5) years, Kimber has resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOI,D 3/09/0 I to present RD #2 Box 215C Martinsburg, P A Mother, Travis Marpoe and Kyle Marpoe Summer 2000 to 3/09/0 I 22 High Street Newville, PA Mother, Travis Marpoe, Kyle Marpoe and Cody Spring 2000 to Summer 2000 630 N. Bedford Street Carlisle, P A Mother, Travis Marpoe, Kyle Marpoe and Cody Summer 1999 to Spring 2000 57 Conrad Street Carlisle, P A Mother, Travis Marpoe, Kyle Marpoe and Cody Spring 1999 to Summer 1999 Betty Nelson's Trailer Mother, Travis Marpoe and Cody Spring 1999 Home of Richard McNinn Mother, Travis Marpoe and Cody Fall 1998 to Spring 1999 Dillsburg, P A Karen (friend), Karen's boyfriend, Mother, Travis Marpoe and Cody Winter 1997 to Fall 1998 300 N. West Street Carlisle, P A Mother, Cody. Kimber, Travis Marpoe (intermittent) Summer 1998 Lived also in Spring Garden Road in Corey's Trailer Mother, Corey, Kimber and Cody Fall 1996 to Winter 1997 500 Front Street Carlisle, P A Mother, Cody and Kimber 2 Intermittent moves while separating from Plaintiff. During the past five (5) years, Cody has resided with the following persons at the following addresses: DATES ADDRESSES 3/9/01 to present 231 Walnut Level Road New Cumberland, PA Summer 2000 to 3/9/01 22 High Street Newville, PA 6/6/2000 to End of June 2000 231 (& 208) Walnut Level New Cumberland, P A Spring 2000 to 7/1/2000 630 N. Bedford Carlisle, P A Summer 1999 to Spring 2000 57 Conrad Street Carlisle, P A Summer 1999 Betty Nelson's Trailer August 1998 to Summer 1999 231 Walnut Level Road New Cumberland, P A Summer 1998 Lived also in Spring Garden Road in Corey's Trailer Winter 1997 to Summer/Fall 1998 300 N. West Street Carlisle, P A NAMES OF PERSONS IN HOUSEHOLD Father, Julie Crawshaw, and Bree Ann Longenecker Mother, Travis Marpoe, Kyle Marpoe, Kimber and Cody Father with care giving help by Robert and Jean Cross (paternal grandparents), Charles Crouse (Great Uncle of Cody) at both households Mother, Travis Marpoe, Kyle Marpoe and Cody Mother, Travis Marpoe, Kyle Marpoe and Kimber Mother, Travis Marpoe, Kimber and Cody Father with care giving help by Robert and Jean Cross (paternal grandparents) Cory's trailer (another boyfriend) Mother, Cody, Kimber Travis Marpoe (intermittent) 7, The Father of the children is Michael W. Cross, currently residing at 231 Walnut Level Road, New Cumberland, Pennsylvania, 17070. Father is single, 3 8. The Mother of the children is Wendy L. Marpoe, currently residing at RD 2 Box 2I5C, Martinsburg, Pennsylvania. Mother is married. 9. The relationship of the Plaintiff to that of the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELA TIONSIDP William C. Cross Julie Crawshaw Bree Ann Longenecker Son, one of the children in question Significant Other Significant Other's daughter 10. The relationship of the Defendant to the children is Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Kimber Cross Travis Marpoe Kyle Marpoe Daughter, one of the children in question Mother's present Husband Mother's child with her present Husband 11. 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 another court. 12. At the time of the parties' divorce in 1994, no order regarding custody was entered. Mother determined when Father would be the primary caretaker of Cody. 13. Cody was in Father's primary care while he attended Kindergarten at the West Shore School District. After Kindergarten, Mother wanted Cody returned to Father. Because Father was 4 /' RECEIVED AUG 08a,poJ rY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-3449 CIVIL TERM MICHAEL W. CROSS, v, CIVIL ACTION - LAW WENDY L MARPOE, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this --.2th day of August, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custodv, The parties, Michael W. Cross and Wendy L Marpoe, shall have shared legal custody of the minor children, William C. Cross, born March 21,1993 and Kimber L Cross, born June 6, 1994, 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 Pa, C, S. 95309, 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parent having primary physical cUlstody shall be responsible for providing and arranging the appropriate medical, psychological and educational program and services as indicated by that child's medical and educational needs. Accordingly, Father shall now be primarily responsible for the arrangements for William C. Cross, Mother shall be responsible for the enrollment and attendance of Kimber L Cross in the Carlisle Area School District and Capital Area Intermediate Unit Services pursuant to her IEP, The parties shall keep each other informed with regard to the children's educational and medical needs, to include the names of teachers, medical providers, dates, times and places of meetings or appointments and other information about which each would reasonably require to share in order for both parents to participate in being responsible for these children's lives. NO, 01-3449 CIVIL TERM 2, Phvsical Custodv. Father shall have primary physical custody of William C, Cross. Mother shall have temporary partial physical custody of the child as follows: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p,m, commencing August 19, 2005, B, Each Wednesday from after school until Thursday morning when he returns to school. C. For the remainder of Summer 2005, Mother shall have custody from 6:00 p.m. July 31, 2005 until 4:30 p.m. August 2, 2005; from 6:00 p,m, August 10, 2005 until 4:30 p,m. August 11, 2005; and from 6:00 p,m. August 24, 2005 until 4:30 p,m, August 25, 2005. D. Father shall have custody of Kimber L.. Cross at times as the parties agree, Both parents will make every effort to cooperate with and arrange for the children's attendance at school on a rEigular basis, 3. Transportation, Transportation responsibilities shall be shared by the parent receiving custody providing transportation incident to the cUBtodial exchange. When Father arrives to pick up Cody, Mother shall send Cody out of the house so that the parents do not have any contact at the time of the custody exchange, 4. schedule: Holidavs, The following holiday schedules should proceed the regular A. Thanksaivina. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from after school Wednesday until 2:00 p,m, Thanksgiving Day, Segment B shall be from 2:00 p,m. Thanksgiving Day until 6:00 p.m. Black Friday. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even- numbered years, Father shall have Segment A and Mother shall have Segment B, B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p,m, until December 26th at 6:00 p.m. In odd..numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. . NO, 01-3449 CIVIL TERM 5. Father reserves the right to proceed on a P,etition for Contempt based on Mother's conduct during Summer 2005, 6, Father will meet with Bill Brubaker on July 30, 2005 to discuss Father's concerns about his offer to take Cody on a Disney trip from August 5, 2005 through August 10,2005. Cody may go on this trip provided that Father is satisfied that the adult who will be accompanying him will appropriately provide care and supervision for Cody during the trip. In conjunction with this meeting, Mother shall ensure that Father is provided with the details of the planned itinerary to include the name of the airline, flight numbers, the name of the hotel, and a telephone number where Cody can be reached during the trip, 7. In the event that Cody goes on the Disney trip, it shall be Bill Brubaker's responsibility to return the child to the Mother at the conclusion of the trip. 8, The Custody Conciliation Conference shall reconvene on January 6, 2006, at 11 :00 a.m. at the office of the Custody Conc:i1iator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. It is contemplated at the time the Custody Conciliation Conference reconvenes that the parties will plan for future Summer custody schedules and review compliance with the schedule set ' Disl: ..a-arbara Sumple-Sullivan, Esquire. 549 Bridge Street. New Cumberland, PA 17070 v/lIfchael O. Palermo, Jr., Esquire. 155 S. Hanover St.. Carlisle, PA 17013 y~ ~(rrfi OCb,O ALED-OffiCE OF l1iE PROTHONOTARY 2005 AUG -9 AI1IO: 37 CUMllEHL.NiU COUN1Y PENNSYLVANJA ~ RECEIVED AUG 08 71fD!i fJYI Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-3449 CIVIL TERM MICHAEL W. CROSS, v, WENDY L. MARPOE, CIVIL ACTION - LAW IN CUSTODY Defendant 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 is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF William Cody Cross Kimber L. Cross March 21, 1993 June 6, 1994 Father MClther 2. Mother filed a Petition to Modify Custody on June 30, 2005, A Custody Conciliation Conference was held on July 29, 2005. Altending the Conference were: Michael W. Cross, and his counsel, Barbara Sumple-Sullivcln, Esquire; the Mother, Wendy L. Marpoe, and her counsel, Michael O. Palermo, Esquire. 3. The parties reached an agreement in the form of n Order (5LdS~ Dat uq~,;;ee Greevy, Esquire ~ Custody Conciliator :255867 unaware of his rights, he abided by Mother's request. Mother refused to return the child to Father for the following academic year. 14. While living with Mother during the 1999-2000 academic year, Cody attended two different elementary schools (Middlesex and Hamilton) in the Carlisle School District for first grade. 15. After first grade ended, Mother once again allowed Father to be the primary caretaker of Cody so that he could once again attend the West Shore School District. After three weeks, Mother took Cody back to her primary care. 16. In the Fall of2000, Cody started second grade in Newville. Once again, Mother decided to move out of Cody's school district to Martinsburg. On or about March 12,2000, Mother transferred primary care of Cody to Father. Cody has been in Father's primary care since this time and is presently enrolled in the West Shore School District finishing second grade and will be enrolled in third grade. 17, The parties' other child, Kimber, has special needs in that she is autistic. 18. Father has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 19. Father does not know of a person not 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. 5 . . 20. The best interest and permanent welfare of the children will be served by this Honorable Court by confirming the status quo wherein Father is the primary custodian for Cody and Mother is the primary custodian for Kimber. Father can provide a stable, loving and less violent environment for Cody than Mother. Cody needs stability in a single home and school. Mother can best meet the needs of Kimber as a stay at home mother, However, Father desires that this Honorable Court enter an order mandating Mother to maintain Kimber in special education classes so as to offer her as much stimulation and training as available to meet her needs, as well as provide regular medical, dental and eye care for her. 21. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to confirm the status quo and grant the parties shared legal custody of the children, grant Plaintiff primary custody of the William C. Cross and Defendant primary custody of Kimber Cross. Defendant shall be granted rights of partial physical custody of William C. Cross as the parties can agree and Plaintiff shall be granted rights of partial physical custody of Kimber Cross as the parties can agree. DATE: June 5, 2001 Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 6 Barbara Sumple-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland. P A 17070 (717) 774-1445 MICHAEL W, CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - CUSTODY WENDY 1. MARPOE. Defendant NO, VRRIFICATION I. MICHAEL W. CROSS. hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief, I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities, 7Z;o2 C MICHAEL W. CROSS " MICHAEL W, CROSS PLAINTIFF V, WENDY L. MARPOE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-3449 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 11, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenne, Snite 105, Camp Hill, PA 17011 on Monday, July 23, 2001 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if tills cannot be accomplished, to defme 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: Isl Melissa P. Greev.y. Esqp? 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 ATIORNEY AT ONCE, IF YOU DO NOT HA VB AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,I , . ~ #w ~ ~ "l /0.['/-'7 . ~~ ;PfJ'V"'I ~u., ICl.E/,,? ~-~.p 1~~ '~'rJ Ic?U,? \iINvri1^SNN~d, AlNnOJ ON'fkb8r'1na 28:\ ~ld CI tmr 10 'f I.; ,-.~ _ : " _ - '.. ,.;: ~jO 'bi"I'i\Uh'~" ,,",,, ' ^ - ~,,,; J"'.'I-'I'T~r-j!J ::1...)\:::1 ~1\...._".,J I " Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - CUSTODY MICHAEL W, CROSS, Plaintiff WENDY L. MARPOE, Defendant : NO. 2001-3449 AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Custody Complaint in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3301, Return Receipt Requested, on the above-named Defendant, Wendy L. Marpoe, on June 7, 2001 at Defendant's last known address: RD 2, Box 215C, Martinsburg, PA 16662. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: June 13, 2001 aarbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff ..... c ", ", f\J .... ... ", MARTINSBURG PA 16662 Postage $ $0.55' $1. 90 Certified Fee Return Receipt Fee IIQ (End~sement Required) f\J C Res'tricted Delivery Fee o (Endorsement Required) $1.50 $3.20 $$7.15 06/0612001 o Total Postage & Fees C ~ Rec;pient~~~~tIClk<~~_rrn.f~___m_______n '~r'L,'mPO~~' \l c:. ~m_ ~ ,:~~;~;,\"\s.)'~ma..p ~nm\'mmnm'mnnnn · 1lI " noms 1, 2. and 3, Also complete .... " , RllStricted Delivery Is desired, · .....l'OUr name and addrees on the reverse ... we cen return the card to you. · ....... .,is card to the back of the mall piece, ar 1M Ite front n space permits. I.___to: f')s. \.Je~ l. ~r ~a J, ~o.x 0)\5 c.. ~il"\'5\:)ur~ P-A RlSTR.CTw ,~~ 3. Service 1ype _Certified Mall 0 Ex",... Mall CJ Registered CJ Return Receipt for Merclwdee Cllnsured Mail 0 C.O.D. 4. Restricted Oollvaty? (Extra Fee ~ _~NUmber(cOPYhom_~/~ ~~,3.'9~ 3~ "''''rm.3811o'''''W'twt.\, "". ~......, . '," '.' ", '_.OI~I_ EXHIBIT "A" Plaintiff JUL 3 0 28M- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , . . . MICHAEL W. CROSS, vs. NO, 01-3449 Defendant CIVIL ACTION - LAW CUSTODY WENDY L. MARPOE, TEMPORARY ORDER OF COURT AND NOW, this ~ day of July, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. LeQal Custody. The parties, Michael W. Cross and Wendy L. Marpoe, shall have shared legal custody of the minor Children, William C. Cross, born March 21, 1993, and Kimber L. Cross, born June 6, 1994, 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 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Each parent shall be responsible for providing and arranging the appropriate medical, psychological, and educational programming services as indicated by that Child's medical needs and medical conditions, for the Child in their primary custody, Accordingly, Father shall be primarily responsible for the arrangements for William C. Cross and Mother shall be primarily responsible for arranging and providing such care for Kimber L. Cross. Additionally, the parties shall consult with each other and regularly keep each other informed of the Child's educational progress and medical condition, When Kimber is enrolled for school for the 2001- 2002 school year, Mother shall notify Father of the name of the school, the name of the teacher and the date of the team meeting for the Individualized Educational Plan, 2. Physical Custody. Father shall have primary physical custody of William C. Cross. Mother shall have primary physical custody of Kimber L. Cross. Father shall have periods of partial custody of Kimber L. Cross one weekend per month and at such other times as the parties may agree, Mother shall have partial custody of Cody C, Cross one weekend per month and at such times as the parties may agree, 3. Holidays and Summer. Holidays and summer shall be shared between the parties on a schedule to which they mutually agree, . . , . , No, 01-3449 Civil Term 4, This Order is temporary in nature, In the event that Mother is aggrieved by the terms of this Order, upon proper petition, an additional Custody Conciliation Conference shall be scheduled to address her concerns, " Dist: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 . - \. w~" L ...... "'". "" ""'. ........." "'" r .~\~ /)-\ J. . . , . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL W. CROSS, vs, NO. 01-3449 Defendant CIVIL ACTION - LAW CUSTODY WENDY L. MARPOE, 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 William C. (Cody) Cross Kimber L. Cross March 21,1993 June 6, 1994 Father Mother 2. A Custody Conciliation Conference was held on July 23, 2001, with the following individuals in attendance: the Father, Michael W. Cross, and his counsel, Barbara Sumple- Sullivan, Esquire. The Mother, Wendy L. Marpoe, called the morning of the Conference and stated that she had not been able to obtain counsel who could attend with her that day. Subsequently Mother called and left a message with the Conciliator that she was on the way. The Conference was scheduled for 1 :00 p.m. Father and his counsel waited. By 2:27 p.m. Mother had not arrived. The Conciliator met with counsel for Father and with Father and it was decided that an Order confirming the status quo as of the end of the 2000/2001 school year would be entered. Mother did not appear for the Conference. A recommended Order of Court is attached, Mother never arrived at the Conciliator's office. l j/;~fY--1 Meliss eel Greevy, Esquire Custody Conciliator Date if/a."]! O} / ! Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant DOCKET NO. 01-3449 PETITION TO MODIFY CUSTODY I. The Plaintiff is Michael W, Cross (hereinafter referred to as "Father"), who currently resides at 231 Walnut Level Road, New Cumberland, Cumberland County, Pennsylvania, 17070, 2. The Defendant is Wendy L. Marpoe (hereinafter referred to as "Mother"),who has mailing address at 70 West South Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks legal and primary physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Kimber L. Cross 70 West South St. Carlisle, P A 17013 06/06/1994 4, The child was not born out of wedlock. 5, Plaintiff and Defendant are the natural parents of two children being William C. Cross (date of birth March 21, 1993) and Kimber L. Cross (date of birth June 6, 1994). On or about I June 1,2001, Father had filed a complaint in custody to this docket seeking reaffirmation of the parties' shared legal custody and to confirm primary physical custody of the parties' son, William C. (known as "Cody") Cross, which child had been placed and removed by Mother in Father's home on various occasions, On July 31, 2001, a Temporary Order of Court was entered which granted primary custody of Cody with Father and Kimber with Mother. Because Kimber is an autistic child of significant needs and Mother was at home, Father did not seek primary custody of his daughter but rather secured in the Order a specific requirement that the parent provide for the child in his or her custody such psychological and educational services as may be necessary for the child in their primary custody. A copy of the Temporary Order dated July 31, 2001 is marked as Exhibit "A," attached hereto and incorporated by reference herein. 6. Mother has failed to meet the needs of Kimber, which has been in her custody during the last year. She has failed to have her remain enrolled and attend school on a consistent basis. Mother's failure to maintain the consistency with the child is resulting in her becoming further delayed developmentally, Due to Mother's volatile life style, the child also does not have a stable home environment. Father is seeking physical custody of Kimber L. Cross. 7, During the past five (5) years, Kimber L. Cross has resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD Present Physical location: unknown Mailing address; 70 West South Street Carlisle, P A 17013 Unknown 2 512002 - ? 101 Conrad Street Carlisle, P A 17013 6/2001- 5/2002 70 West South Street Carlisle, PA 17013 3/09/0 I to 6/200 I RD #2 Box 215C Martinsburg, PA Summer 2000 to 3/09/0 I 22 High Street Newville, PA Spring 2000 to Summer 2000 630 N. Bedford Street Carlisle, P A Summer 1999 to Spring 2000 57 Conrad Street Carlisle, P A Spring 1999 to Summer 1999 Mother, Kimber and Kyle Marpoe Mother, Travis Marpoe and Kyle Marpoe Mother, Travis Marpoe and Kyle Marpoe Mother, Travis Marpoe, Kyle Marpoe and Cody Mother, Travis Marpoe, Kyle Marpoe and Cody Mother, Travis Marpoe, Kyle Marpoe and Cody Betty Nelson's TrailerMother, Travis Marpoe and Cody Spring 1999 Home of Richard McNinn Fall 1998 to Spring 1999 Dillsburg, P A Winter 1997 to Fall 1998 300 N. West Street Carlisle, P A Summer 1998 Lived also in Spring Garden Road in Corey's Trailer Fall 1996 to Winter 1997 500 Front Street Carlisle, PA 17013 Intermittent moves while separating from Plaintiff. Mother, Travis Marpoe and Cody Karen (friend), Karen's boyfriend, Mother, Travis Marpoe and Cody Mother, Cody, Kimber, Travis Marpoe (intermittent) Mother, Corey, Kimber and Cody Mother, Cody and Kimber 8. The Mother ofthe child is Wendy 1. Marpoe, whose current address is unknown but who advises her mailing address is 70 West South Street, Carlisle. She is married. 3 9. The Father of the child is Michael W. Cross, who currently resides at 231 Walnut Level Road, New Cumberland, Cumberland County, Pennsylvania, 17070. He is single. 10, The relationship of the Plaintiff to that of the child is that of Father, The Plaintiff currently resides with the following persons: NAME RELATIONSHIP William C. Cody Julie Crawshaw Bree Ann Longenecker Son Significant other Significant other's daughter I L The relationship of the Defendant to the child is Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Kimber 1. Cross Child 12. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court except as set forth above. 13. Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth, 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 4 15. The best interest and permanent welfare of the child, Kimber will be served by granting the relief requested because Defendant has not maintained a safe, stable and permanent residence for the child, The child has significant needs arising out of her autism which need to be professionally addressed, which Defendant has repeatedly failed to do, The child is in need of significant intervention, which might include the need for a placement at a special school. Immediate action needs to be undertaken because the child is not enrolled anywhere for the upcoming school year, 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant legal and primary physical custody of the child to Plaintiff and grant Defendant periods of partial physical custody of the child, Respectfully submitted, DATE: <pI?; . ,2002 /// I"~ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Plaintiff 5 EXHIBIT "A" ~ .- Plaintiff JlJ! a (! !OO6iJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) n MICHAEL W. CROSS, vs, NO. 01-3449 WENDY L. MARPOE, Defendant CIVIL ACTION - LAW CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ."31 day of July, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custodv, The parties, Michael W, Cross and Wendy L. Marpoe, shall have shared leoal custodv of the minor Children, William C. Cross, born March 21, 1993, and ~ . Kimber L. Cross, born June 6, 1994. 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 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Each parent shall be responsible for providing and arranging the appropriate medical, psychological, and educational programming services as indicated by that Child's medical needs and medical conditions, for the Child in their primary custody. Accordingly, Father shall be primarily responsible for the arrangements for William C. Cross and Mother shall be primarily responsible for arranging and providing such care for Kimber L. Cross, Additionally, the parties shall consult with each other and regularly keep each other informed of the Child's_ educational progress and medical condition, When Kimber is enrolled for school for the 2001- 2002 school year, Mother shall notify Father of the name of the school, the name of the teacher and the date of the team meeting for the Individualized Educational Plan. 2, Physical Custody. Father shall have primary physical custody of William C. Cross, Mother shall have primary physical custody of Kimber L. Cross. Father shall have periods of partial custody of Kimber L. Cross one weekend per month and at such other times as the parties may agree, Mother shall have partial custody of Cody C, Cross one weekend per month and at such times as the parties may agree, 3. Holidays and Summer. Holidays and summer shall be shared between the parties on a schedule to which they mutually agree. ., .'. _ c.'".. '_", ~ _ . - .. -".. -.. . .. .. - - -.... .~ --.,...- ~- ._...; ...;..~..;...-- - - ~.._.- _. -.' --.-.---- '.,. ". .,...... .... .. n_ _____ - , .' . -. - -- . " "' ..----,..--~ ._,-.- ,....- --.--- _.~.- -- - --- . ..-.-.--- '. . .. . '. - -- - -, ,.,...-....- .' .". . , , f\ .~ ) No. 01-3449 Civil Term 4. This Order is temporary in nature, In the event that Mother is aggrieved by the terms of this Order, upon proper petition, an additional Custody Conciliation Conference shall be scheduled to address her concerns, BY THE COURT, )5/ dpm! 11. -B~( J. Dist: Barbara SumpJe-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Wendy L, Marpoe, RD#2, Box 215C, Martinsburg, PA 16662 TRUE COPY FROM RECORD In Tes 'm(lny whereof, j here unto set my han4 and ~MI o! id r:iiJ!j at Carlisle, Pa, 'rho .... '...ZI . ~..". . . ,_" ,_ . ~'.' , .' ~." Fr.:l~~if~'V:" . .~ .." . .' , ~ , , , '. ~. ,i.' ~ltiric~ti 1: i A.1 .( '- :, , " ; :;" ,; .. ',j..., ~ '~'h ~ ' ,~ , ,.t~ ii.,H'1 ;;, if;' ,; f ~.~ {.' ~} ~ t ' ,. . ----'-~ i- ~~ ~-i f~ -;'-1..,-,;;.,-~.t! C;t.~c~~H~.~_~J ~ ~.~:.t_t:_,t-.~~~ ~L~--~'~4.-!,~~iJ,-i~*"~iJt~,..l:iE'H!r~~~.[~~~I:~~~.-~ t;~ '- ~_~.. Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W, CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - CUSTODY WENDY L MARPOE, Defendant : DOCKET NO, 01-3449 VERIFICATION I, MICHAEL W. CROSS, hereby certifY that the facts set forth in the foregoing PETITION TO MODIFY CUSTODY are true and correct to the best of my knowledge, information and belief, I understand that any false statements made herein are subject to penalties of 18 Pa. C, S.A. Section 4904 relating to unsworn falsification to authorities, Dated: f(-r;, (12. ,2002 -~/'Jl...LJ. 0... . MICHAEL W. CROSS ----, (~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the PETITION TO MODIFY CUSTODY in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Wendy L. Marpoe 70 West South Street Carlisle, PA 17013 DATE: b.~ ,2002 // 4 S=pl'-SulH..... E"""R 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D, 32317 Attorney for Plaintiff PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL W. CROSS v. 01-3449 CIVIL ACTION LAW WENDY L. MARPOE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, P A 17043 on Tuesday, July 23, 2002 , the conciliator, at 10:30 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 ail existing Protection from Abnse orders, Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: Isl Melissa P. Gree'Q')I. 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 -pO tt-1. ........ ~ 1" - f ~ ~ -<<;). ~ o l> f2 ~t p -c.."~ g)I~:j' l5~{;.:; ~c) >'c z . ) ~o c ~ a /'0 c_ c::: re: o '1 ~--1 =-r r'l--r"I :.~{t~~ (~;9 .-J(; :i~ (:)rn --j :iJ -< t:) :"]K "" .. "V 10 ~~r~~~V7 -~7: ~ ~ ~'~r~~~'-P? ('i/. U'l eo,U? <o,U'~ ViNV,\IJ.SNN3d ,\lNnm CJ\i'flH:38~nO 'IS :21 fld L I Nor 20 AtJVJ.(),\,O;'il;JUd dril ,10 381:!.:iQ-{J31l:l - . . SEP 2 3 2002 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant BAYLEY, J, --- ORDER OF COURT AND NOW, this ~ L day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael W. Cross and Wendy L. Marpoe, shall have shared legal custody of the minor children, William C. Cross, born March 21, 1993 and Kimber L. Cross, born June 6, 1994. 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 Pa. C. S. 95309, 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parent having primary physical custody shall be responsible for providing and arranging the appropriate medical, psychological and educational program and services as indicated by that child's medical and educational needs. Accordingly, Father shall now be primarily responsible for the arrangements for William C. Cross. Mother shall be responsible for the enrollment and attendance of Kimber L. Cross in the Carlisle Area School District and Capital Area Intermediate Unit Services pursuant to her IEP. The parties shall keep each other informed with regard to the children's educational and medical needs, to include the names of teachers, medical providers, dates, times and places of meetings or appointments and other information about which each would reasonably require to share in order for both parents to participate in being responsible for these children's lives. NO. 01-3449 CIVIL TERM 2. Physical Custody. Father shall have primary physical custody of William C. Cross. Mother shall have temporary primary physical custody of Kimber L. Cross. When available, Mother shall have partial custody of William C. Cross one (1) weekend per month and at such other times as the parties may agree. Likewise, Father shall have partial custody of Kimber L. Cross at such times as the parties may agree. Both parents will make every effort to cooperate with and arrange for the children's attendance at school on a regular basis. 3. Holidays and Summer. Holidays and summer shall be shared between the parties on a schedule to which they mutually agree. 4. This Order is temporary in nature. The custodial arrangement shall be reviewed when the Custody Conciliation Conference reconvenes on January 6, 2003 at 11 :00 A.M. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes particular attention will be paid to Kimber's functioning and school attendance as well as the stability of the parties' . 'ng circ mstances. Edgar B. Bayley, J. " Dist: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 ~ ~ 9,.)'1-0..2. 9--. '- .. >- C) ?;; ~ N ,L. r- ef., :::> UJO 0$ <.)2 :E: O~ u:Q '.1-~' .a:: q~ ~O ..:1' 3~ (1, o- N 0:::2: -lLU 0- ~W u.:~ W '" :ii:0- 5 N ;:) 0 u SEP 2 3 2.001 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kimber L. Cross June 6, 1994 Mother 2. A Custody Conciliation Conference was reconvened on September 17, 2002 with the following individuals in attendance: the Father, Michael W. Cross, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Wendy L. Marpoe, and her counsel, Joan Carey, Esquire. The Conference was reconvened as part of an agreement with the parties at the Conciliation Conference of August 5, 2002. 3. Mother's circumstances: Since the last Conference, Mother has relocated from her father's home to a two (2) bedroom apartment where she reportedly resides alone with Kimber. This apartment is located in Carlisle. Kimber is now enrolled in the Carlisle Area School District and continues to attend the Tri-Community School through the Capital Area Intermediate Unit. There were delays in Kimber's attendance in school at the beginning of the school year once again because of difficulties with the necessary paperwork when Mother moved from the South Middleton School District to the Carlisle School District. According to the School District records, Kimber had missed two (2) days of school this year, one of which was excused for a pediatric appointment. Mother is presently unemployed. Mother signed a lease for this apartment and moved in on August 27, 2002. She reports the term of the lease is one (1) year. Mother presently has no telephone. However, she intends to purchase additional minutes for use on her cellular phone. NO. 01-3449 CIVIL TERM Mother has recently attempted to apply for services from the Cumberland County MH/MR program. She does not recall with whom she spoke, however states that she has filled out paperwork to apply for services. By her description, it appears that they may be attempting to qualify Kimber for wraparound services and in-home supports to assist the Mother. Mother reports that for prescreening services, Kimber was taken by the paternal grandmother to an appointment with a physician in Camp Hill, however Mother did not know the name of the physician who completed the exam. It may be that this exam was to achieve EPSDT funding for wraparound services for this child. Mother insists that she will continue to reside at this address and has stabilized her life circumstances. She reports that she continues to have a PFA against the Father of her two year old child but that the violence has not continued. She continues to have contact with this man incident to custodial exchanges for the two year old. 4. Father's circumstances: Father continues to work first shift (7:00 a.m. to 3:30 p.m.) as an electrician. He remains concerned about Kimber's school attendance and the unstable residential circumstances that have pervaded her life over the last several months. Because Kimber missed 27Y2 school days between December 12, 2001 and her last school attendance on May 15, 2002, for the 2001-02 school year, it is Father's position that Kimber is not able to make the progress that she should be able to make if she were in school on a regular basis. 5. After conference with counsel and the parties, it was decided that Kimber would continue to live primarily with her Mother. However, counsel for Father requested an additional Conciliation Conference to be scheduled in January 2003 to follow-up on whether Mother has managed to maintain a stable residential arrangement and whether Kimber has had consistent school attendance. In the event that Mother cannot provide for a stable residential environment and consistent attendance at school, Father will seek primary custody of the child. He acknowledges that he would need two (2) weeks notice to make arrangements for assistance in caring for Kimber. In particular, he will need assistance in the morning to help her get up and ready for school and get on the bus. It is expected that the paternal grandmother may be at least a resource for some of these needs should these circumstances arise once again. 9~/)I01- Melissa Peel Greevy, Custody Conciliator 3. The parties reached an agreement in the fo Date : 162973 . . FEB 1 9 Z003 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 3rd day of February, 2003. the counsel for parties having requested a thirty (30) day continuance on January 3. 2003. and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. :200401 \/,!!\/\"';,'\f,(,S'i"Ji\13d "" . ":=:\f(() ';'- '/ .... - - ,", , Lv;l ~1ri U(; cJ:J ~) MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WENDY L. MARPOE, Defendant : No. 01 - 3449 CIVIL : IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Wendy L. Marpoe who resides at 6908Vetnms Way, Ickesburg, Perry County, Pennsylvania 17037. 2. Respondent is Michael W. Cross who resides at R.R.2 Box 933 COrnn1an Lane, Landisburg, Perry County, Pennsylvania 17040. 3. On September 24,2002 the Honorable Edgar B. Bayley '~ntered the Custody Order attached as Exhibit "A". 4. Melissa Peel Greevy, Esquire, Custody Conciliator, relinquished her jurisdiction by Order dated February 3, 2003, attached hereto as Exhibit "B". 5. Since the entry of the Custody Order, there has been a significant change in circumstances in that: a. Father's schedule is not conducive to caring for the child. b. Petitioner was to have custody ofthe child during the summer so the child could attend summer educational programs. c. The child is left home alone for an unacceptable period of time while in Father's custody. d. The child's grades at school have suffered while lmder Father's supervision. e. The child has been in numerous altercations with school authorities concerning his disruptive and disrespectful behavior while on the school bus, attached hereto as Exhibit "C". f. Father has stated to the child, that ifhe chooses to be with Petitioner, "he will not see him [Father] anymore". g. Father has stated that he would rather kill Petitioner then talk to her or give her his son. 6. 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 of as follows: Petitioner is granted primary physical custody of the Child with Father having periods of partial physical custody. Respectfully Submitted, Rominger, Bayley & Whare Date: th()~5 , ,"1;oc;f~1 155 S. Hanover Street (717) 241-6070 Carlisle, Pennsylvania 17013 Attorney for Petitioner Supreme Court ID # 93334 VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for, Defendant 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. g4904, relating to unsworn falsification to authorities. Date: June 30, 2005 /1_ O. Michael O. Palermo, Jr., Esquire Attorney for Defendant MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY L. MARPOE, Defendant : No. 01 - 3449 CIVIL : IN CUSTODY CERTIFICATE OF SERVICJ~ I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, 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, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Barbara Sumple Sullivan 549 Bridge Street New Cumberland, P A 17070 Date: June 30, 2005 ft'o- Michael O. Pale 0, Jr., Esquire Attorney for Defendant flEP 1~ ~] 20112 MICHAEL W. CROSS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-3449 CIVIL TERM v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant BAYLEY. J,--- ORDER OF COURT AND NOW, this .2 'I ~ day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Legal Custody. The parties, Michael W. Cross and Wendy L. Marpoe, shall have shared legal custody of the minor children, William C. Cross, born March 21, 1993 and Kimber L. Cross, born June 6, 1994. 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 Pa. C. S. 95309, 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parent having primary physical custody shall be responsible for providing and arranging the appropriate medical, psychological and educational program and services as indicated by that child's medical and educational needs. Accordingly, Father shall now be primarily responsible for the arrangements for William C. Cross. Mother shall be responsible for the enrollment and attendance of Kimber L. Cross in the Carlisle Area School District and Capital Area Intermediate Unit Services pursuant to her IEP. The parties shall keep each other informed with regard to the children's educational and medical needs, to include the names of teachers, medical providers, dates, times and places of meetings or appointments and other information about which each would reasonably require to share in order for both parents to participate in being responsible for these children's lives. Exhibit "A" . NO. 01-3449 CIVIL TERM 2, Physical Custody. Father shall have primary physical custody of William C. Cross. Mother shall have temporary primary physical custCldy of Kimber L. Cross. When available, Mother shall have partial custody of William C. Cross one (1) weekend per month and at such other times as the parties may agree. Likewise, Father shall have partial custody of Kimber L. Cross at such times as the parties may agree. Both parents will make every effort to cooperate with and arrange for the children's attendance at school on a regular basis. 3. Holidays and Summer. Holidays and summer shall be shared between the parties on a schedule to which they mutually agree. 4. This Order is temporary in nature. The custodial arrangement shall be reviewed when the Custody Conciliation Conference reconvenes on January 6, 2003 at 11 :00 A.M. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes particular attention will be paid to Kimber's functioning and school attendance as well as the stability of the parties' living circumstances. BY THE COURT: Is! [;g<t-V ;3 b.~a'f I I dgar B. Bayey, J. Dis!: Barbara Sump ie-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Joan Carey, Esquire, Blrvine Row, Carlisie, PA 17013 I ,'~ 1.:" ~ ~ ,", -~~i":";'; :,'..~~'~J fhi'/~;~~~~;~ (i'i:;~~\:~~ Pr~th~)n~itar" FEB 1 9 Z003 !r Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 3,d day of February, 2003, the counsel for parties having requested a thirty (30) day continuance on January 3, 2003, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. :200401 Exhibit "B" \JI!\",""\~l~!\:Nr.::1""\ "il-J'i/ l'~',v'" -''-' :\J :-<r';,'~,'-, t-'\~'"T::":::":::':,~\ln8 ~~~ ;'1\ I , , , I '\ I : / ;:':j ~j L6~j\>,ii ,~;..,-_.... - , DRIVER'S NAME / ,'-' r') c::)_ i (1) 11,.flfiC1v}j i~(qf. 'Jel-c/" NOTICE TO PARENTS \ U 1. The purpose of this report is to inform you of a disciplinary incidenf invohoing the student on the school bu,,"which may have jeopardized the safety and well being of all students. 2. You are urged to both appreciate the action taken by the driver and to coollerate with the corrective action initiated today bv the School District. BUS CONDUCT REPORT WEST SCHOOL PERRV DISTRI CT CLASS. GRADE DATE OJ' INCIDENT ,. 'r? .,',.-' t :... ~ , ;.- .,/'-');;r~ C;-; ( , DRIVER'S REPORT: MAJOR OFFENSES: (1) Use of tobacco, i.e., cigarettes, cigars, snuff, leaf tobacco. and/or lighters. (2) Vandalism, Le., willful damage or destruction either to the bus, school property, or another passenger's personal property. Violators will be responsible for the payment for aU damages incurred. (3) Showing insubordinate conduct. (4) Throwing of any objects on or out of the bus. (5) Fighting, i.e. two or more people exchanging blows intended to inflict physical hann, .., (6) A!lsault, Le. one student inflicting bodily harm upon another. (7) Possession and/or use of objects which shoot, spray, or dump water/liquids on others, i.e. water pistols, detergent bottles, balloons, etc. (8) Any violation of the District's Drug and Alcohol Policy (8210). (9) Possession of guns, knives, razors, or any other detrimental instruments which could cause bodily harm or property damage and/or violation of the District's Weapons Policy (8220). (10) Improper or unauthorized use of emergency equipment, i.e. tampering with the fire extinguisher, ax, crow bar, first aid kit. and/or flares or exiting/entering the rear emergency door. OFFICE COPY-GOLDENROD MINOR OFFEIIlS~S: <:(1), Usin~ oh.."'n";~uig;r Ianl{Uag0 (2) Brin~n~ electronic equipment on the bus, i.e. tape recorders and radios (ex't:ept those used with ear phones like the waJkman variety), (3), Discarding trash on the bus. (4). Leaving o,ne'8 seat while the bUB is in motion. (5). Loud talking or calling to other pa88engers or out the window. (6), Placing head, hands, or feet out the window. ~). FailinlZ tel eoooerate with the driv~"" - J. Leaving (lr boarding the bus at.an unauthorized stop. (9), Participa'~ng in honeplay or rough prankish behavior (but no bodily injury). (10). Bringing toys on the hua (Show and tell objects, or other school projects should he bagged or boxed and will require the driver's prior approval). (11). Bringing animaJ.. on the bus. (2). Consumi:ng food and/or beverages on the bus. (1:l). Sitting irnproperly. Back to back; fPet in front. (14). Verbally harassing or unduly taunting a.iother student. , I~- DRIYER'SCOPY-YELLOW Exhibit "e" BUS CONDUCT REPORT STUDENT'S NAME CLASS. GRADE DATE OF INCIDENT /;if j Ujlt/11 \( 'i & I /1~/cL5 WEST PERRY CtJDy (j.?d.5S SCHOOL 8US NO. TRIP NO. DRIVER'S NAME DISTRICT If fJlY/ .-,-- BtJiU:' / tJlYI NOTICE TO PARENTS 1. The purpose of this report is to Inform you of a disciplinary Incident invohing the student on the school bUll.which may have jeopardized the safety and well being of all sludents. 2. You are urged 10 bolh appreciate Ihe action taken by the driver and to co')perate with the corrective action initiated todav bv the School District. DRIVER'S REPORT: MAJOR OFFENSES: (1) Use of tobacco, i.e., cigarettes, cigars, sDuff, leaf tobacco. and/or lighters, (2) Vandalism, Le., willful damage or destruction either to the bus. school property, or another passenger's personal property. Violators will be responsible for the payment for aU damages incurred. (3) Showing insubordinate conduct. (4) Throwing of any objects on or out of the bus. (5) Fighting, i.e. two or more people exchanging blows intended to infljct physical harm. (6) AU8Ult. i.e. one student inflicting bodily harm upon another. (7) P08BS8Bion and/or use of objects which shoot. spray. or dump water !liquids on others, i.e. water pistols, detergent bottles, balloons, etc. (8) Any violation of the District's Drug and Alcohol Policy (S21O), (9) Possession of guns, knives, razors, or any other detrimental instruments which could cause bodily harm or property damage and/or violation of the District's Weapons Policy (S220), (10) Improper Of' unauthorized use of emergency equipment, Le. tampering with the fire extinguisher, ax, crow bar, first aid kit, and/or flares or exiting/entering the rear emergency door. MINOR OFFENSES: (1). Using obscene/vulgar lanliCU8ge. (2) BrinJting electronic equipment on the bus, i.e. tape recorders and radios (except those used with ear phones like the walkman variety). @Discarding traah on the bus. ~ Leaving one's .lJe8t while the bua is in motion. ~ Loud talking or calling to other pa8Hllgers or out the window, ~ Placing head, hands, or feet out the window. (7) Failing., cooperate with the driver. ). Leaving or boarding the bus at an unauthorized stop. (9). Participating in horseplay or rough prankish behavior (but no bodily injury). (10), Brin/lil1lr toys on the bua (Show and tell objects, or other school projects should be bagged or boxed and will require the driver's prior approval). (11). Bringing animals on the bus. J,1.2.l.,. CODsulI1ling food and/or beverqeB on the bus. f.L8)J Sitting improperly. Back to back; fPet in fron t. O?; v~~~~~aasink~~d7/~untia;;; student, ~dii;il~~u ACTION TAKEN BY BUS DRIVER ADMINISTRATOR'S ACTION AND ~ ;; __ L y;Q, ~RI~TURE PARENT'S COPY-WHITE OFFICE COPY-GOLOENROO ~l2~. ;j;;~) ~ TRAiIlsPORT(TION COPY-PINK DRIVER'S COPY-VELLOW '..,.- US C{)NDUCT REPORT WEST SCHOOL PERRY DISTRI CT BUS NO, I / I , /" Ira 5,5 TRIP NO. p; CLASS, GRADE / li\. it7 DRIVER'S NAME '" ! f) i ,,~y.?J1dv J) r(Q{'Ju)czfef NOTICE TO PARENTS 1. The purpose of this report is to inform you 01 a disciplinary incident involving the student on the school bus-which may have jeopardized the safety and well being of all students. 2, You are urged to both appreciate the action taken by the driver and to cooperllte with the corrective action initialed today bv the School District. AIVER'S REPORT: (AJOR OFFENSES: ) Use oftobacco, Le.,cigarettes, cigars, snuff, leaf tobacco, and/or lighters, l) Vandalism, i.e., willful damage or destruction either to the bus, school property, or another passenger' 8 personal property, Violators will be responsible for the payment for aU damages incurred. (3) Showing insubordinate conduct, (4) Throwing of any objects on or out of the bus. (5) Fighting, i.e. two or more people exchanging blows intended to inflict physical harm. (6) Assault, i.e. one student inflicting bodily harm upon another. (7) Possession and/or use of objects which shoot, spray, or dump water/liquids on others, i.e. water pistols, detergent bottles, balloons. etc. (8) Any violation of the District's Drug and Alcohol Policy (S210). (9) Possession of guns, knives, razors, or any other detrimental instruments which could cause bodily harm or property damage and/or violation of the District's Weapons Policy (8220). (10) Improper or unauthorized use of emergency equipment, i.e. tampering with the fire extinguisher, ax, crow bar. first aid kit, and/or flares or exiting/entering the rear emergency door. BRIEFLY DESCRIBE SPECIFIC INCIDENT \ MINOR OFFF:l'lSES: ('(1), Uain!! Ob~I-;7;uig~r lanKUage.-:' {2) BrinA"ing ele<=tronic equipment on the bus, i.e. tape recorders and radios (except those used with ear phones like the walkman v;lTiety) (3). Discarding trash on the bus. (4). Leaving one's seat while the bus i8 in motion. (:j). Loud talking 01' calling to other pasaengers or out the window. (6). Placing head, hands or 0 the window. ). Fallin t COOJ)el'8.te with th@ driv- ::.. eYing or boarding the bU8 at an uneuthorized stop. (9), Parlicipaling in horseplay or rough prankish behavior (but no bodily injury), (10). Bringing toys on the bus (Show and tell obiecbo. or other school P!'ojects should be bagged or boxed and will require the driver's prior approval). {ll}. Bringinll animals on the bus. (12). Consuming food and/or beverages on the bus. (J:1). Sitting improperly. Back to back; ff"et in front. (14). Verbally harassing or unduly taunting a.!Other student. . l " J. (l " C~JJtx1 - -.~ ~nl ne:NAOD 7 TRANSPORTATI NCOPY-PINK ~ DRIVER'S COPY-YELl ~J\ - l;' v\ C4, i::t ---cJ ~ -C:. - t-> i- ~~ (") c "'. ;\~,~,:\;, 0-'7' ',: < ",... ":.: -7 \ ~i~." r-( \ 'L ~~,\~ .~,'" 2 ~ \ \ ~ ~ <e ~ ..... o """'" ~ ~ o :;:"" Q, ~~ ~~\ >;,-- ,,~ 9- 7'; .}1 MICHAEL W. CROSS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-3449 CIVIL ACTION LAW WENDY L. MARPOE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 07, 2005 , upon consid,eration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. . the conciliator, at DJ Maulove's, 1901 State St., Camp Hill, PA 17011 on Weduesday, August 17, 2005 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, 10 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 ]~rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, ESQ. Custody Conciliator ;y 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I3 Telephone (717) 249-3166 ~Jp t ~14f ~t7 5G1c...L ~~fP' t ~ ~/,L, Sff-c:..-t.. '-I ~ p%-~~PO SO.LL AJ \t:NVlIl.,\SNI,IJ,~ 'i\fi('\r'1 I. ,.." ~~~....... .I'" .' .....' ..... -'f'n:J ,. ',_ ',' " .. "~,, "'1"-;; , . _..,1 ~ 1 6~ :8 Wd L -lor SOOl Al:lV10NOHlOCld 3Hl :lO 38Lt.lD-0311:l Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant DOCKET NO, 01-3449 PETITION FOR CONTEMPT I, Petitioner is Plaintiff, Michael W, Cross, an individual whose mailing address is RR #2, Box 933, Landisburg, Perry County, Pennsylvania 17040. 2. Respondent is Defendant, Wendy L. Marpoe, an individual residing at 6908 Veterans Way, Ickesburg, Perry County, Pennsylvania 17037, 3. The parties were married and were divorced in 1994, 4, Petitioner and Respondent are the natural parents oftwo (2) minor children, William C, Cross "Cody," born March 21,1993 and Kimber L. Cross, born June 6,1994, 5. On or about June 5, 2001, Petitioner began this action by filing a Custody 1 Complaint seeking primary custody of the parties' son with him and primary custody of the parties' daughter with Respondent. 6, On September 24, 2002, a custody order was entered which awarded the parties shared legal custody, Father primary physical custody of Cody and Mother primary physical custody of Kimber. Mother was also awarded temporary physical custody of Cody one (I) weekend per month and any other times as the parties could agree upon and Father was awarded temporary physical custody of Kimber at such times as the parties could agree upon. The order also set forth that holidays and summer were to be equally shared between the parties, A true and correct copy of this order is attached hereto as Exhibit A and is incorporated herein by reference. 7, On or about June 30, 2005, Mother filed a Petition to Modify the September 24, 2002 Order, claiming a significant change in the circumstances since the last order. 8, The parties attended a Custody Conciliation on July 29, 2005, with Conciliator Greevy, Following the Conciliation, an order was entered on August 9, 2005, setting forth that legal custody would be shared between the parties, that Father would remain primary custodian of Cody and that Mother would have temporary physical custody of Cody on alternating weekends, Wednesday overnights and specific days for the remainder of the summer. 9. The August 9, 2005, order further reserved Father's right to proceed with a Petition for Contempt for Mother's conduct during the Summer, 2005 and the Custody 2 I Conciliation Conference shall reconvene on January 6,2006 with Custody Conciliator Greevy, This Custody Conciliation Conference is still pending, 10, Because of continuing problems with Respondent which Petitioner believes is significantly impacting the child, Petitioner seeks redress of Respondent's conduct during the Summer of2005, including her willful failure to comply with the custody order by not returning the parties' child, Cody, to Petitioner several days after her custodial period ended, II, In support of this Petition, Petitioner avers that, as set f0l1h in the Order, the parties had mutually agreed that they would attempt a week on week oft. schedule for the Summer of2005 to accommodate Cody's summer school. 12, Respondent was to enjoy custody of Cody from June 12, 2005 until June 19, 2005, During this custodial period, Respondent advised Petitioner that she was not going to return the child to him on June 19, 2005, 13. After Petitioner's counsel became involved, Respondent returned the child on June 19,2005, Respondent claimed that Petitioner misunderstood her intention, 14, Then, during Petitioner's week ofJune 19,2005 through June 26,2005, Respondent took the child from a local carnival while he was walking with his step-sister and friends, Respondent again refused to return him to Petitioner. 3 15. When Petitioner appeared at Respondent's home to retrieve the child, Respondent refused and further filed a criminal harassment action against him for coming to her home, 16, After Petitioner's counsel again became involved and sought intercession through Respondent's counsel, Respondent returned the child on July 3,2005, but not at the agreed upon place or time. 17, Respondent continues to act without consideration of Petitioner or in violation of the existing Order, including the legal custody provisions. IS, On or about September 15, 2005, Respondent had taken the child to the doctor's office during her custodial period without the prior knowledge or consent of Petitioner when there was no emergency, It is believed that the review was for alleged abuse issues; however, the purpose was not disclosed to Petitioner. 19. On or about Friday, September 23, 2005, Respondent allowed the child to leave school early allegedly being "sick" Respondent then, in violation the Order, allowed the child to travel to New York and Delaware with a third party and without the knowledge or approval of Petitioner. The individual accompanying the child was the same person discussed at the prior conciliation as a person Petitioner did not want the child alone with. It was clearly known by the Respondent that Petitioner forbid the child to be in this third party's custody, 4 20, Respondent continues to contact the child by telephone during Petitioner's periods of custody excessively. 21. Petitioner requests a hearing be scheduled: a, To hold Respondent in contempt and to fine and/or otherwise incarcerate Respondent for said contempt; b, To schedule make up time for custodial days lost by Petitioner with his child; and c, To enter judgment against Respondent for Petitioner's counsel fees incurred in the preparation, filing, and hearing of this Petition, WHEREFORE, Petitioner requests that Respondent be held in contempt of court and requests an Order be entered granting the relief requested as set forth in the proposed order. DATE: November 17, 2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D, 32317 Attorney for Petitioner 5 EXHIBIT "A" SEP 2 3 ZO.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant BAYLEY, J, m ORDER OF COURT AND NOW, this .(, 'I ~ day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael W. Cross and Wendy L. Marpoe, shall have shared legal custody of the minor children, William C. Cross, born March 21, 1993 and Kimber L. Cross, born June 6, 1994. 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 Pa. C. S. 95309, 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parent having primary physical custody shall be responsible for providing and arranging the appropriate medical, psychological and educational program and services as indicated by that child's medical and educational needs. Accordingly, Father shall now be primarily responsible for the arrangements for William C. Cross. Mother shall be responsible for the enrollment and attendance of Kimber L. Cross in the Carlisle Area School District and Capital Area Intermediate Unit Services pursuant to her IEP. The parties shall keep each other informed with regard to the children's educational and medical needs, to include the names of teachers, medical providers, dates, times and places of meetings or appointments and other information about which each would reasonably require to share in order for both parents to participate in being responsible for these children's lives, NO. 01-3449 CIVIL TERM 2. Physical Custody. Father shall have primary physical custody of William C, Cross, Mother shall have temporary primary physical custody of Kimber L, Cross. When available, Mother shall have partial custody of William C. Cross one (1) weekend per month and at such other times as the parties may agree. Likewise, Father shall have partial custody of Kimber L. Cross at such times as the parties may agree. Both parents will make every effort to cooperate with and arrange for the children's attendance at school on a regular basis. 3. Holidays and Summer. Holidays and summer shall be shared between the parties on a schedule to which they mutually agree. 4. This Order is temporary in nature. The custodial arrangement shall be reviewed when the Custody Conciliation Conference reconvenes on January 6, 2003 at 11 :00 A.M. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes particular attention will be paid to Kimber's functioning and school attendance as well as the stability of the parties' living circumstances. BY THE COURT: /,J ~ /3. p~ J / E gar B. Bayl , . Dist: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Joan Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 T~I'E C,,,,,.~,, .....,. ~ t:,:~,J _" ,,~;~""t r-:'H{Jh~~ J:~::~:f~~~~"'n I '.'0'" _ro" ~,li"~ ~ ","'. In T6';:1~~t';)(~l-,'" WtHHt;:.d I' l'.~f.f~ '~.R"> 1'~':""A . .' - I ..,.,.... ,,~.t' i"';;'iV h~~i ~..J! ';Jf r'tl~ w* f/ C ~F'H:S~. i~ J'e> ,,2 ,;"tE ;,,';"P' ':':-' ~" !,' . ",5 7 ""'J ()t~~ J-QvL (/""'- Q. ~ ~ ' , Protl1mlCtafV Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kimber L, Cross June 6,1994 Mother 2. A Custody Conciliation Conference was reconvened on September 17, 2002 with the following individuals in attendance: the Father, Michael W. Cross, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Wendy L. Marpoe, and her counsel, Joan Carey, Esquire. The Conference was reconvened as part of an agreement with the parties at the Conciliation Conference of August 5, 2002. 3. Mother's circumstances: Since the last Conference,. Mother has relocated from her father's home to a two (2) bedroom apartment where she reportedly resides alone with Kimber. This apartment is located in Carlisle. Kimber is now enrolled in the Carlisle Area School District and continues to attend the Tri-Community School through the Capital Area Intermediate Unit. There were delays in Kimber's attendance in school at the beginning of the school year once again because of difficulties with the necessary paperwork when Mother moved from the South Middleton School District to the Carlisle School District. According to the School District records, Kimber had missed two (2) days of school this year, one of which was excused for a pediatric appointment. Mother is presently unemployed. Mother signed a lease for this apartment and moved in on August 27, 2002. She reports the term of the lease is one (1) year. Mother presently has no telephone. However, she intends to purchase additional minutes for use on her cellular phone. NO. 01-3449 CIVIL TERM Mother has recently attempted to apply for services from the Cumberland County MH/MR program. She does not recall with whom she spoke, however states that she has filled out paperwork to apply for services. By her description, it appears that they may be attempting to qualify Kimber for wraparound services and in-home supports to assist the Mother, Mother reports that for prescreening services, Kimber was taken by the paternal grandmother to an appointment with a physician in Camp Hill, however Mother did not know the name of the physician who completed the exam. It may be that this exam was to achieve EPSDT funding for wraparound services for this child. Mother insists that she will continue to reside at this address and has stabilized her life circumstances. She reports that she continues to have a PFA against the Father of her two year old child but that the violence has not continued. She continues to have contact with this man incident to custodial exchanges for the two year old, 4, Father's circumstances: Father continues to work first shift (7:00 a.m. to 3:30 p.m.) as an electrician. He remains concerned about Kimber's school attendance and the unstable residential circumstances that have pervaded her life over the last several months. Because Kimber missed 27Y:. school days between December 12, 2001 and her last school attendance on May 15, 2002, for the 2001-02 school year, it is Father's position that Kimber is not able to make the progress that she should be able to make if she were in school on a regular basis, 5. After conference with counsel and the parties, it was decided that Kimber would continue to live primarily with her Mother. However, counsel for Father requested an additional Conciliation Conference to be scheduled in January 2003 to follow-up on whether Mother has managed to maintain a stable residential arrangement and whether Kimber has had consistent school attendance. In the event that Mother cannot provide for a stable residential environment and consistent attendance at school, Father will seek primary custody of the child. He acknowledges that he would need two (2) weeks notice to make arrangements for assistance in caring for Kimber. In particular, he will need assistance in the morning to help her get up and ready for school and get on the bus, It is expected that the paternal grandmother may be at least a resource for some of these needs should these circumstances arise once again. 3. The parties reached an agreement in the fo n Order as attached. 9/;)./) / [) 1--- (J!;C Z:2eD ) Melissa Peel Greevy, ESquire Custody Conciliator Date : 162973 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - CUSTODY WENDY L MARPOE, Defendant DOCKET NO. 01-3449 VERIFICA nON I, Michael W. Cross, hereby certity that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa, C. S.A 94904 relating to unsworn falsification to authorities. Date /1- 7 - 0) ~zC ICHAEL W. CROSS Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Streel New Cumberland, P A 17070 (717) 774-1445 MICHAEL W CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant DOCKET NO, 01-3449 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Michaela. Palermo, Jr., Esquire 155 S, Hanover Street Carlisle, P A 17013 DATE: November 17, 2005 { ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D, 32317 Attorney for Petitioner ~~ ""- --.j ........... '::>.. =0 ~ ."-. j6 \--.-J ~ '!%J '1--' ~~ ~ 1"-,) C.:,) , ,.~'1 () <n ,-< ::r n'l -'C -J -, " ::i: r',-) (,) C:::1 , :-< MICHAEL W. CROSS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 01-3449 CIVIL ACTION LAW WENDY L MARPOE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesdal' November 23, 2~._..._..., upon consideration of the attached Complaint, it is hereby directed that parties and their respectivc counscl appear before Melissa P. Greevy, Esq. , the conciliator, al MDJ Manlove~sJ2.~I.~_~ate 51., Camp Hill, PA 17011 on Friday, December 16, 2005 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc accomplishcd. to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children agc five or older may also be present at the conference. Failure to appear at the conference may provide grounds for enlry 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 hearin\!. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator if, / The Court of Common Pleas of Cumberland County is required by law to comply with lhe Americans with Disabililes Act of 1990, For information about accessible facilities and reasonable accommodalions 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 atlend 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 ~ -Pv ';2 ~ ~U 50 Le')1 r::r-z7W ftP ;2 ~ ~1 Ii, Y.7' fe. 1/ ~_~~p,"f! ~/.4~7.r;; y.7~c ,1/ -;'1 lJ : l'l ~,!,] S2 /Ji;j SJDZ l\ij'~'JL,; . Plaintiff 1'28 Z005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-3449 CIVIL TERM MICHAEL W. CROSS, v. CIVIL ACTION - LAW WENDY L, MARPOE, IN CUSTODY Defendant BAYLEY, PJ, --- AND NOW, this 'i-tlc attached Custody Conciliation follows: ORDER OF COURT day of ~ ' 2006, upon consideration of the Summarrleport, it' hereby ordered and directed as 1, The parties shall contact Jill Boyd to arrange an appointment to discuss how they can be helpful to the child's care and participate with the child's therapist upon that therapist's request. Phone contacts for scheduling appointments with Ms, Boyd shall be made no later than December 30, 2005. 2, The parties shall participate in therapeutic family counseling to focus on improving their ability to parent cooperatively focus on Cody's needs, Any cost of therapeutic family counseling services that are not reimbursed by health insurance shall be shared equally by the parties, With regard to therapeutic family counseling for the parents, unless the parties agree otherwise, the therapeutic provided will be Pennsylvania Counseling Services in Carlisle, Pennsylvania. Appointments for this service will also be made no later than December 30, 2005, 3. The parties will cooperate in signing consent for release of confidential information from both their therapist and the child's therapist in order that the therapist reports and/or testimony may be available to the Court in determining the best interest of the child, 4, A hearing, on Father's Petition for Contempt and Modification is scheduled in Cjurtroom Number ~ of the Cumberland County Courthouse, on the I ~ day of ..CL'1AJA1,\ , 2006, at [, "':,() o'clock L.M" at which time testimony will be taken. For ffle purposes of the hearing, the Father, Michael W. Cross, shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for the parties or the . NO. 01-3449 CIVIL TERM parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness, These memoranda shall be filed at least ten days prior to the hearing date, /J /f/ / . Edgar B, Bayley, P.J, BY THE COURT: Dis!: ..e;;;bara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ,..J6hn J. Mangan, Esquire, 35 East High Street, Suite 204, Carlisle, PA 17013 "~ ~ ~ -OiP 0,,0 l:)! "i '; hJ\U= ;}U.I u...-c f--. u_ o cO) (0 (!) i..l.- ~.~.. ~,".m... ...., ".r::' C;;l e:::~~) C"-' :~ ') o '" Plaintiff DEe? 8 ;rs IN THE COURT OF COMMON PLEAs 8F CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v, CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF William C, "Cody" Cross March 21,1993 Father 2. The parties returned for a Custody Conciliation Conference on December 16, 2005 as a result of Father's Petition for Contempt filed November 17, 2005, Attending the conference were: the Father, Michael W, Cross, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Wendy L. Marpoe, and her new attorney, John J. Mangan, Esquire. The parties have been seen by this Custody Conciliator on at least four (4) prior occasions since August of 2002, 3, Father's position on custody is as follows: Father brought another contempt action against Mother complaining that Mother had taken the child to the doctor for "child abuse review", that Mother allowed the child to leave school early on September 23, 2005, allegedly being sick and then allowed the child to travel with "Bill" to New York and Delaware without Father's permission, Father further reiterates his concern that the party with whom the child was traveling is an adult non-related male who has been lavishing expensive gifts on the child and has on occasion sought to take the child on trips such as last summer when he wanted to take the child on a trip to Florida. Father questions the appropriateness of this person's interest in the parties' child. At the Conciliation Conference held on September 19, 2005, the parties agreed that Father could meet this gentleman. However, he reports Mother later rescinded her agreement to this claiming that she did not believe that Father would consent to the trip no matter how the meeting between Father and this gentleman would go. Father also expressed concern that Mother has cut off all contact NO, 01-3449 CIVIL TERM between the paternal grandparents and the parties' other child, Kimber. His understanding of the reason for her discontinuing the contact was that she claimed that they would abuse Kimber. Kimber has Pervasive Developmental Disorder. Father has discontinued contact with Kimber as he fears that Mother will claim that he has abused Kimber and Kimber's verbal abilities are extremely limited. Father reports that Cody is having problems in school academically and socially, resulting in disciplinary action, Father initiated outpatient mental health care for the child and has participated in two (2) appointments with the counseling, Father reports that the therapist has told him that Mother has not participated and has not returned telephone calls, Additionally, Father reports that Mother has taken the child at times that were designated to him under the present Custody Order. He also reports that on a day when he allowed Cody to go the Perry County Fair that Mother picked up the child from the Fair and refused to return him to Father at the appropriate time. Accordingly, Father reports that he has spent a great deal of money in attorney's fees trying to obtain Mother's cooperation and compliance. Father seeks a finding of contempt, fines or otherwise incarcerate the respondent for contempt. Father further seeks make-up days and a judgment for counsel fees. 4. Mother's position on custody is as follows: fI!Iother agrees that the child is having difficulty at school. Additionally, she is concerned that the child is smoking, She questions the level of supervision that Father provides and wants to have more custodial time with Cody, It is noted that Mother has made no filing and has only raised this issue in the context of the pending contempt matter. Mother acknowledges that she has not participated in Cody's therapy. She claims to have been offered an appointment that was inconvenient to her, and reports that for a two week period she was completely unavailable because her younger child was hospitalized at the Hershey Medical Center. Mother reports that the reason that she took Cody from the Fair was because she believed that he was too young to be allowed to attend the Fair without adult supervision present. She further reports that she took Cody to the doctor for a "child abuse review" because of bruises on his arms which she believed were inflicted by Cody's stepsister. Some of Mother's explanations were difficult to follow in that she provided inconsistent information to the Conciliator. This has been her pattern in the past. 5, After conference with counsel and the parties it was determined that a hearing be scheduled for April on Father's Petition for Contempt. In the meantime, the Conciliator strongly recommends that the parties participate in co-parent counseling and in the child's counseling that is presently be provided by psychologist, Jill Boyd. The child's academic and behavioral performance are clearly indicative of the need for intervention in which the parent's role will be critical. However, the level of conflict that exists between them at this time makes them unable to work cooperatively for Cody's interest. NO. 01-3449 CIVIL TERM 6. The Conciliator attaches a recommended Order and the form is attached. (J--()-.1 Jot Date ,~r]~ ~ Melissa Peel Greevy, Esquire ~ ) Custody Conciliator :265430 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant DOCKET NO, 01-3449 PLAINTIFF'S AMENDMENT TO PENDING CONTEMPT PETITION OF NOVEMBER 17. 2005 I. Petitioner is Plaintiff, Michael W, Cross, an individual whose mailing address is IS Shaub Drive, Landisburg, Perry County, Pennsylvania 17040. 2, Respondent is Defendant, Wendy L. Marpoe, an individual residing at 690S Veterans Way, Ickesburg, Perry County, Pennsylvania 17037, 3. Petitioner and Respondent are the natural parents of two (2) minor children. William C Cross "Cody," born March 21, 1993 and Kimber L. Cross, born June 6, 1994. 4. On November 17, 2005, Petitioner filed a Petition for Contempt because of continuing problems with Respondent which Petitioner believes to be significantly impacting the best interest of Cody. This Petition also sought redress of Respondent's conduct during the Sununer of2005, including her willful failure to comply with the custody Order by not returning 1 Cody to Petitioner several days after her custodial period ended. 5, A hearing is presently scheduled before the Court on February 13,2006 concerning the prior contempts. 6. Pending hearing, a Temporary Order was entered on January 4,2006, following the reconvened Custody Conciliation, A true and correct copy of the Order is attached hereto as Exhibit "A." 7, Paragraph (I) ofthe January 4,2006 Order provided: The parties shall contact Jill Boyd to arraoge an appointment to discuss how they can be helpful to the child's care and participate with the child's therapist upon that therapist's request. Phone contacts for scheduling appointments with Ms Boyd shall be made no later than December 30, 2005. 8. Respondent has failed to act in accordance with Paragraph I) of the January 4, 2006 Order. The only contact Respondent has ever had with Jill Boyd's office was on December 8, 2005 prior to conciliation, when she left a message for Ms, Boyd, Ms, Boyd attempted to return the call to Respondent, but was not successful and no other contact has been made between Ms. Boyd's office aod Respondent and no appointments have been scheduled by Respondent, 9, Paragraph (2) of the Jaouary 4,2005 Order also provided: The parties shall participate in therapeutic counseling to focus on improving their ability to 2 parent cooperatively focus on Cody's needs, Any cost of therapeutic family counseling services that are not reimbursed by health insurance shall be shared equally by the parties. With regard to therapeutic family counseling for the parents, unless the parties agree otherwise, the therapeutic provided will be Pennsylvania Counseling Services in Carlisle, Permsylvania. Appointments for this service will also be made no later than December 30, 2005. 10, Petitioner's counsel's first attempt at coordinating counseling with Respondent's counsel was by letter dated December 23,2005, within a week of the conciliation conference on December 16, 2005, once insurance coverage was evaluated, The letter provided names and contact information of counselors for Respondent to choose from. No response was received, A true and correct copy of the letter is attached hereto as Exhibit "B," 11, Despite second and third notices to Respondent's counsel by letters dated January 4,2006 and January 12,2006, no response to schedule or coordinate any family counseling pursuant to paragraph (2) of the Order. True and correct copies of the letters are attached hereto as Exhibit "c." 12. Petitioner's counsel also telephoned Respondent's counsel on January 9th and January 12th to attempt to obtain compliance with the court order. 13, Respondent continues to act without consideration of the emotional needs of the child and in violation of the existing Order. 3 14. Petitioner requests a hearing be scheduled: a, To hold Respondent in contempt of the January 4, 2006 Order and to fine and/or otherwise incarcerate Respondent for said contempt; b. To reimburse all counsel fees incurred by Petitioner in dealing with Respondent's actions, which were $4,765,54 through January IS, 2006, as increased to include the preparation of this petition and attendance at hearing, WHEREFORE, Petitioner requests that Respondent be held in contempt of court of the Order dated January 4,2006 and requests an Order be entered granting the relief requested as set forth in the proposed order. DATE: February 6,2006 4 Exhibit A _.w~~-.-~,"."" Plaintiff D~ 8 Z005 .._, IN THE COURT OF COMMoN PLEAS~OF - CUMBERLAND COUNTY, PENNSYLVANIA NO. 01--3449 CNlL TERM CIVIL ACTION - LAW MICHAEL W. CROSS, v. WENDY L. MARPOE, IN CUSTODY Defendant BAYLEY, PJ.- ORDER OF COURT AND NOW, this 4-fh attached Custody Conciliation follows: , 2006, upon consideration of the hereby ordered and directed as 1. The parties shall contact Jill Boyd to arrange an appointment to discuss how they can be helpful to the child's care and participate with the child's therapist upon that therapist's request. Phone contacts for scheduling appointments with Ms. Boyd shall be made no later than December 30, 2005. 2. The parties shall participate in therapeutic family counseling to focus on improving their ability to parent cooperatively focus on Cody's needs. Any cost of therapeutic family counseling services that are not reimbursed by health insurance shall be shared equally by the parties. With regard to therapeutic family counseling for the parents, unless the parties agree otherwise, the therapeutic provided will be Pennsylvania Counseling Services in Carlisle, Pennsylvania. Appointments for this service will also be made no later than December 30, 2005. 3. The parties will cooperate in signing consent for release of confidential information from both their therapist and the child's therapist in order that the therapist reports and/or testimony may be available to the Court in determining the best interest of the child. 4. A hearin~ on Father's Petition for Contempt and Modification is scheduled in C urtroom Number .L of the .Cumberland Count): Cou~e /3fJ.. day of , 2006, at /30 . o'clock L.M" at which time testimony will be taken, For he purposes of the hearing, the Father, Michael W. Cross, shall be deemed to be the mo Ing party and shall proceed initially with testimony, Counsel for the parties or the NO. 01-3449 CIVIL TERM parties prose shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: /3/ (;j;f~~Id:/}!f Dist Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 John J. Mangan, Esquire, 35 East High Street, Suite 204, Carlisle, PA 17D13 TRUE COpy FROM RECORD In Testimony -Aioe[ r{ 1 h':!re unto set my hand ~-'id he seal of sad Cou~~Car!isle, Pol. r- ....~..{ ...... ay. O.f\U[2l[J ...~ ...,Q.t . ". ". ", '. ,t . .If. ~T' -' ProthoilOtary Exhibit B LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PEl\o"NSYL'VANIA 17070-1931 PHONE (.717) 774-1445 FAX (11.7'> 774.7059 December 23,2005 John Mangan, Esquire 35 East High Street, Suite 204 Carlisle, P A 17013 Re: Michael W. Cross v. Wendy L. Marpoe Docket No. 2001- 3449/ Cumberland County Dear John: As furtherto discussions at the conciliation., my client has determined two counseling services which he would be willing to attend as they are covered providers for his insurance. These are: Tressler COlmseling Services, Main Telephone No. 795-0330 and ask for counselor through Carlisle; and Pennsylvania Counseling Services, Telephone No. 245-9255. Please advise as soon as possible to determine which provider Mrs. Marpoe desires. Thank you for your continued consideration of this matter. Barbara Snmple-Sullivan BSSllh cc: Mr. Michael W. Cross ------ ~-' Exhibit C LAW OFFICES BARBARA. SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PE..""'WSYLV.A].."lA 17070~1931 PHO!\'1t (717) 774-1445 FAX (717) 774~7059 January 4,2006 ~. John Mangan, Esquire 35 East High Street, Suite 204 Carlisle, P A 17013 Re: Michael W. Cross v. Wendy L. Marpoe Docket No. 2001 - 3449 ! Cumberland County Dear John: Please advise of the status of choosing and scheduling with the counselors in the above captioned matter. Barbara Sumple-Sullivan BSSIlh cc: Mr. Michael W. Cross LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. P~'"'NSYLVAJ\'"IA 17070-'1931 PHONE (717) 774-1445 , FAX (717) 774-7059 January 12,2006 John Mangan, Esquire 35 East High Street, Suite 204 Carlisle, PA 17013 Re: Michael W. Cross v. Wendy L. Marpoe Docket No. 2001 - 3449 / Cumberland Countv Dear John: I have tried to reach you by telephone. I believe the telephone number I have is wrong. Please contact my office to discuss the above captioned matter as soon as possible. I I Barbara Sumple-SulIivan BSSIlh cc: Mr. :Michael W. Cross Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - CUSTODY WENDY L MARPOE, Defendant DOCKET NO, 01-3449 VERIFICATION I, Michael W. Cross, hereby certify that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa C, SA 94904 relating to unsworn falsification to authorities Date .3:;F.Jr QC, - 7 (2 7/l-~fL~ "'2d~ ,yt MICHAEL W. CROSS Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 77 4.1445 MICHAEL W CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY WENDY L MARPOE, Defendant DOCKET NO, 01-3449 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: John Mangan, Esquire 35 East High Street, Suite 204 Carlisle, PA 17013 DATE: February 6,2006 / / // (B""" S"mpl~S"I1i,," ",,"ire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774- 1445 Supreme Court I.D, 32317 Attorney for Petitioner :x (:} -fA. () ~-n 1 ~ ...,., --\ ,'; 0;7! t..'.) \ - \> (;l .....J d '6 \)< , ~ n ~ (,,) >--' ~ (nJ -:J c) -< ,J- -- -~,,, . MICHAEL W. CROSS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY L. MARPOE, DEFENDANT 01-3449 CIVIL TERM ORDER OF COURT AND NOW, this 22...- day of February, 2006, following a hearing, IT IS ORDERED: (1) Wendy L. Marpoe is adjudicated in contempt. (2) She may purge herself of contempt by: (a) strictly complying with the existing custody orders, (b) within seven days providing Michael W, Cross a written statement of her hours of work so that he may arrange for therapeutic family counseling when he is not working, (c) attending three therapeutic family counseling sessions with the father which he shall schedule with a provider of his choice, and notify her of the place, date and time, (d) within forty-five days paying Michael W. Cross $250 toward his counsel fees. // z;f Edgar B, Bayley, J, t (', .. ~ L(.J .U ".-, -:" (. "/ ------- --------- .\.. Barbara Sumple-Sullivan, Esquire For Plaintiff Wendy Marpoe, Pro se 6908 Vetrans Way Ickesburg, PA 17037 :sal .J -). 5 ~ d ? /} L-1-f1..-vJ ~~,c,.( Jl{5 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 PLAINTIFF'S PETITION FOR ADDITIONAL SANCTIONS 1. Petitioner is Plaintiff, Michael W. Cross, an individual whose mailing address is IS Shaub Drive, Landisburg, Perry County, Pennsylvania 17040. 2. Respondent is Defendant, Wendy L. Marpoe, an individual residing at 690S Veterans Way, Ickesburg, Perry County, Pennsylvania 17037. 3. Petitioner and Respondent are the natural parents of two (2) minor children. William C. Cross "Cody," born March 21,1993 and Kimber L. Cross, born June 6,1994. 4. On November 17, 2005, Petitioner filed a Petition for Contempt because of continuing problems with Respondent, which Petitioner believed to be significantly impacting the best interest of Cody. This Petition also sought redress of Respondent's conduct during the Summer of2005, including her willful failure to comply with the custody Order by not returning Cody to Petitioner several days after her custodial period ended. I L 5. Petitioner then filed an Amendment to the above pending Petition for Contempt to include Respondent's failure to arrange an appointment with the parties' son's counselor, Jill Boyd, to discuss how the parties can be helpful to the child's care and attend therapeutic family counseling as required by this Court's previous Order dated January 4,2006. 6. A hearing was held before the Court on February 13,2006 and an Order was entered February 22, 2005 finding Respondent in contempt. The Order also set forth four terms which Respondent could meet in order to purge the contempt. 7. Paragraph (b) of the February 22, 2005 Order provided: (b) within seven days providing Michael W, Cross a written statement of her hours of work so that he may arrange for therapeutic family counseling when he is not working, 8. Respondent has failed to act in accordance with Paragraph (b) of the February 22, 2005 Order by failing to provide Petitioner or his counsel with a written statement of her work hours on or before March I, 2006. 9. Paragraph (c) of the February 22,2005 Order provided: (c) attending three therapeutic family counseling sessions with the father which he shall schedule with a provider of his choice, and notify her of the place, date and time. 2 10. Since Petitioner did not receive a written statement of Respondent's work hours by March I, 2006, he nonetheless attempted to schedule the therapeutic family counseling with Christian Services Counseling Center for March 16,2006 at 5:30 p.m. Notice of this place, date and time were provided to Respondent by letter dated March 8, 2006, which was sent Certified Mail and also by regular mail with a Certificate of Mailing. A true and correct copy of the letter is attached hereto as Exhibit A. 11. Paragraph (d) of the February 22, 2006 Order provided: (d) within forty-five days paying Michael W. Cross $250.00 towards his counsel fees. 12. Respondent was to pay to Petitioner Two Hundred Fifty Dollars ($250.00) towards counsel fees on or before April 8, 2006. To date, no payment has been made. 13. Respondent has failed to purge the contempt. 14. In light of the fact that the February 22, 2006 Order did not delineate a punitive finding of jail, fine or other remedy as a consequence of the contempt, Plaintiff is requesting a hearing be scheduled: a. To fine and/or otherwise incarcerate Respondent for said contempt; b. To reimburse all counsel fees incurred by Petitioner in addition to the Two Hundred Fifty Dollars ($250.00) owed to Petitioner under the February 22, 2006 Order; 3 c. To award further sanctions to Petitioner; and d. To award other relief as the Court deems just and reasonable. WHEREFORE, Petitioner requests that the court enter an Order for additional sanctions granting the relief requested as set forth in the proposed order. DATE: APril5 , 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 4 EXHIBIT "A" LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STRE:ET NEW CUMBERLAND, PIDro."NSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 March 8, 2006 CERTIFIED MAIL - RETURN RECEIPT REQUESTED CERTIFICATE NO. 70042890000284739201 AND CERTIFICATE OF MAILING Ms. Wendy L. Marpoe 6908 Vetrans Way Ickesburg,PA 17037 Re: Cross v. Marpoe Dear Ms. Marpoe: Presently, you continue to be in contempt of the court order by not following Judge Bayley's court order which required you to provide your work schedule to Mike so that connseling can be scheduled. Since you have failed to do this, please know that Mike has proceeded to schedule the appointment. The information is as follows: Christian Services Connseling Center 309 Mt. Allen Drive Carlisle, P A 17013 Telephone: 249-7410 Appointment: Thursday, March 16,2006 at 5:30 p.m. Connselor: Barbara Please confirm directly with the Center your attendance. Pursuant to the Order of January 4, 2006, please remember that all costs related hereto are to be shared equally. 7 /.- iF i " Barbara Sumple-SuIlivan BSS/lh cc: Wrr. Michael W. Cross oJ: UJ '" '" 0 '" := ~c>OI- ~O.....l~5 a..:;:ccf._o ~ rAD... . ~a: . . :E: =>. " UJ Z o:::r 6 t.C:;l .00 o:::r~ ~15 I.~~ .~~ o. ~:! ~2 r'l D IlJ lr fTl I'- ::r '0 IlJ t:I Cl J:J D lr '" IlJ ::r D D I'- z ~ .... ..:l ..:l ~ ~ "- r./J. ~ ~ ~ I <( I: > ~ : m ~ ~ 0( III ~ ~ )- " z ~ w 0 IiJ ~ ~ i 11. ~ 0 In ri 00 ~ 01 Z <:~:~ ~ ~ <: ~ iIl ~ 0:: u <: ~ iIl z M . <I , o , " M o " o o o p 0: w '" .... e o ffi '" '" w ~~ ,",we :3=a:cc~ wc~~< ~~rrw~ cl-wG::c C:COa:lcu.. I-z::::c:cc zc::Jwl- Ll;:!wz::1.I.I ~I-:::!:........ tt:!E~~: :;:)w'""'I-Z r.r.tl=oc:::J :!:czz. Q) r-- DODD o C") rt ~~ <(O,-",r/) ~> . 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I'l, . 1j .. .. i' ii ~ ~~ ~~ "0 ag. ~~ $ 8J! &8!. i 8!.'E 2:15 U l:Ql 'ge :;~ fig: ~5 ~o ~ ."2 @. a:~ o 2000 06\/2 hOOL 0000 I I '3 C' '" ~ '" '" E "3 Gf) +-' .d' eb ~ ~ c...b"i: 6 crJ " = ~'E crJ-o= ~.C U 15~~ .... 0-, " "'''<tZ ~on ~ ~ c o N " ro o c ro > ,.: 1ii E " "- '" "- Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL W. CROSS, Plaintiff v. CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant DOCKET NO. 01-3449 VERIFICATION I, Michael W. Cross, hereby certify that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of IS Pa. C.S.A. S4904 relating to unsworn falsification to authorities. Date: ~,(ia...-:) Cc I I / .' /'.- ~'}71' _7 (' / , ( ~1 '. - M.ICHAEL W. CROSS ~--. Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by United States fust-class mail, postage prepaid, addressed as follows: Ms. Wendy L. Marpoe 690S Vetrans Way Ickesburg, PA 17037 /:., / ~ ~~ I Barbara Sumple-Sullivan, Esquire . 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court l.D. 32317 Attorney for Petitioner DATE: " , " , ) -n , r<:: , 1 '0 , ;< Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 PETITION TO MODIFY CUSTODY I. The Plaintiff is Michael W. Cross (hereinafter referred to as "Father"), who currently resides at 18 Shaub Drive, Landisburg, Perry County, Pennsylvania 17040. 2. The Defendant is Wendy L. Marpoe (hereinafter referred to as "Mother"), who currently resides at 690S Vetrans Way, Ickesburg, Perry County, Pennsylvania 17037. 3. Plaintiff seeks to amend Defendant's periods of partial physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH William C. Cross IS Shaub Drive Landisburg, P A 3/21/1993 The child is currently in the primary physical custody of Father. Father resides at the address referenced above. During the last five years, the child has resided with the following persons and at the following addresses: PERSONS Father, Julie Cross (Father's Fiance), Breearm Longenecker (Father's Step-Daughter) and the child Father, Julie Cross (Father's Wife), Breearm Longenecker (Father's Step-Daughter) and the child ADDRESSES DATES 231 Walnut Level Road 2000 - 2004 New Cumberland, P A 17070 RR 2 Box 933 COrnn1an Lane Landisburg, P A 17040 January, 2004 to Present (Father and Father's Fiance married 2/2004) Address now known as: 18 Shaub Drive Landisburg, P A 17040 The Father of the child is Michael W. Cross, currently residing at 18 Shaub Drive, Landisburg, Perry County, Pennsylvania 17040. The Mother of the child is Wendy L. Marpoe, currently residing at 6908 Veterans Way, Ickesburg, Perry County, Pennsylvania 17037. The parties are currently divorced from each other. 4. The relationship of the Petitioner to the child is that of Father. The Petitioner currently resides with his Wife, Julie Cross, his Step-Daughter, Breearm Longenecker, and the child. 5. The relationship of the Respondent to the child is that of Mother. The Respondent 2 currently resides with her Husband, Travis Marpoe, she and her Husband's children, Kyle, Brennen and Lindsay Marpoe, the parties' daughter, Kimber L. Cross and third party, Bill Buttermore. 6. Petitioner and Respondent had previously participated in a custody proceeding in this Court. A copy of the Custody Order dated September 24, 2002, is attached hereto as Exhibit "A" and incorporated herein by reference. Mother had since filed a Petition to Modify the September 24, 2002 Order. After a Conciliation was held on the Petition for Modification, an Order was entered on August 9, 2005. A true and correct copy of the Custody Order dated August 9, 2005 is attached hereto as Exhibit "B" and is incorporated herein by reference. However, actual hearing has not occurred on Mother's Petition to Modify since at a hearing on contempt charges, Mother indicated she was happy with the present schedule. 7. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because Father can provide a stable, healthy, supportive and loving environment for the child. The child continues to struggle in school academically and socially and Father feels that the weeknight visits are disruptive for the child. A decrease in Mother's custodial 3 time is also warranted due to Mother's failure to attend required family therapeutic counseling as an attempt to remedy the issues of the child. Finally, Mother acts to undue the structure for the child to his detriment. Dated: APri~006 Respectfully submitted, Bar e-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 EXHIBIT "A" SEP Z 3 ill MICHAEL W. CROSS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-3449 CIVIL TERM v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant BAYLEY, J, --- ORDER OF COURT AND NOW, this .( 'I ~ day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Legal Custody. The parties, Michael W. Cross and Wendy L. Marpoe, shall have shared legal custody of the minor children, William C. Cross, born March 21, 1993 and Kimber L. Cross, born June 6, 1994. 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 Pa. C. S, !35309, 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parent having primary physical custody shall be responsible for providing and arranging the appropriate medical, psychological and educational program and services as indicated by that child's medical and educational needs. Accordingly, Father shall now be primarily responsible for the arrangements for William C. Cross. Mother shall be responsible for the enrollment and attendance of Kimber L. Cross in the Carlisle Area School District and Capital Area Intermediate Unit Services pursuant to her IEP. The parties shall keep each other informed with regard to the children's educational and medical needs, to include the names of teachers, medical providers, dates, times and places of meetings or appointments and other information about which each would reasonably require to share in order for both parents to participate in being responsible for these children's lives, NO. 01-3449 CIVIL TERM 2. Physical Custody. Father shall have primary physical custody of William C. Cross. Mother shall have temporary primary physical custody of Kimber L. Cross. When available, Mother shall have partial custody of William C. Cross one (1) weekend per month and at such other times as the parties may agree. Likewise, Father shall have partial custody of Kimber L. Cross at such times as the parties may agree. Both parents will make every effort to cooperate with and arrange for the children's attendance at school on a regular basis. 3. Holidays and Summer. Holidays and summer shall be shared between the parties on a schedule to which they mutually agree. 4. This Order is temporary in nature. The custodial arrangement shall be reviewed when the Custody Conciliation Conference reconvenes on January 6, 2003 at 11 :00 A.M. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes particular attention will be paid to Kimber's functioning and school attendance as well as the stability of the parties' living circumstances. BY THE COURT: /j/ ~r~B~tz Dist: Barbara Sumple-Suilivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Joan Carey, Esquire, 8 IlVine Row, Carlisle, PA 17013 TP'il ~ C'.,., ''';:, ' , ,~"", C ~,~~;f I J~;) :t::t"""b'" ~ R ~ ",:_.....,'q....#~ '~;..J In r5.?::t~t';'WJi{:~" ~;'A ! m"~ .:2 of -- "~t':<\; ""~'1 j ~ Hen,; ~~ my ;~2n(1 &~~)1:~kl,J;;-<- ~ Prcthuficta 'I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v, CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kimber L. Cross June 6, 1994 Mother 2. A Custody Conciliation Conference was reconvened on September 17, 2002 with the following individuals in attendance: the Father, Michael W. Cross, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Wendy L. Marpoe, and her counsel, Joan Carey, Esquire. The Conference was reconvened as part of an agreement with the parties at the Conciliation Conference of August 5, 2002. 3. Mother's circumstances: Since the last Conference, Mother has relocated from her father's home to a two (2) bedroom apartment where she reportedly resides alone with Kimber. This apartment is located in Carlisle. Kimber is now enrolled in the Carlisle Area School District and continues to attend the Tri-Community School through the Capital Area Intermediate Unit. There were delays in Kimber's attendance in school at the beginning of the school year once again because of difficulties with the necessary paperwork when Mother moved from the South Middleton School District to the Carlisle School District. According to the School District records, Kimber had missed two (2) days of school this year, one of which was excused for a pediatric appointment. Mother is presently unemployed. Mother signed a lease for this apartment and moved in on August 27, 2002. She reports the term of the lease is one (1) year. Mother presently has no telephone. However, she intends to purchase additional minutes for use on her cellular phone. NO. 01-3449 CIVIL TERM Mother has recently attempted to apply for services from the Cumberland County MH/MR program, She does not recall with whom she spoke, however states that she has filled out paperwork to apply for services. By her description, it appears that they may be attempting to qualify Kimber for wraparound services and in-home supports to assist the Mother. Mother reports that for prescreening services, Kimber was taken by the paternal grandmother to an appointment with a physician in Camp Hill, however Mother did not know the name of the physician who completed the exam. It may be that this exam was to achieve EPSDT funding for wraparound services for this child. Mother insists that she will continue to reside at this address and has stabilized her life circumstances. She reports that she continues to have a PFA against the Father of her two year old child but that the violence has not continued. She continues to have contact with this man incident to custodial exchanges for the two year old. 4. Father's circumstances: Father continues to work first shift (7:00 a.m. to 3:30 p.m.) as an electrician. He remains concerned about Kimber's school attendance and the unstable residential circumstances that have pervaded her life over the last several months. Because Kimber missed 27% school days between December 12, 2001 and her last school attendance on May 15, 2002, for the 2001-02 school year, it is Father's position that Kimber is not able to make the progress that she should be able to make if she were in school on a regular basis. 5. After conference with counsel and the parties, it was decided that Kimber would continue to live primarily with her Mother. However, counsel for Father requested an additional Conciliation Conference to be scheduled in January 2003 to follow-up on whether Mother has managed to maintain a stable residential arrangement and whether Kimber has had consistent school attendance. In the event that Mother cannot provide for a stable residential environment and consistent attendance at school, Father will seek primary custody of the child, He acknowledges that he would need two (2) weeks notice to make arrangements for assistance in caring for Kimber. In particular, he will need assistance in the morning to help her get up and ready for school and get on the bus. It is expected that the paternal grandmother may be at least a resource for some of these needs should these circumstances arise once again. 3, The parties reached an agreement in the fo 9/J,Dlcn.-- u/ Date : 162973 EXHIBIT "B" RECEIVED AUG 08 ZOOS 'Vl~ jL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v, CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this q~ day of August, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Michael W. Cross and Wendy L. Marpoe, shall have shared legal custody of the minor children, William C. Cross, born March 21, 1993 and Kimber L. Cross, born June 6, 1994. 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 Pa. C. S. 95309, 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parent having primary physical custody shall be responsible for providing and arranging the appropriate medical, psychological and educational program and services as indicated by that child's medical and educational needs. Accordingly, Father shall now be primarily responsible for the arrangements for William C. Cross. Mother shall be responsible for the enrollment and attendance of Kimber L. Cross in the Carlisle Area School DistriCt and Capital Area Intermediate Unit Services pursuant to her IEP. The parties shall keep each other informed with regard to the children's educational and medical needs, to include the names of teachers, medical providers, dates, times and places of meetings or appointments and other information about which each would reasonably require to share in order for both parents to participate in being responsible for these children's lives. . NO. 01-3449 CIVIL TERM 2. Physical Custody. Father shall have primary physical custody of William C. Cross. Mother shall have temporary partial physical custody of the child as follows: A. Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. commencing August 19, 2005. B. Each Wednesday from after school until Thursday morning when he returns to school. C. For the remainder of Summer 2005, Mother shall have custody from 6:00 p.m. July 31, 2005 until 4:30 p.m. August 2, 2005; from 6:00 p.m. August 10, 2005 until 4:30 p.m. August 11, 2005; and from 6:00 p.m. August 24, 2005 until 4:30 p,m. August 25, 2005. D. Father shall have custody of Kimber L. Cross at times as the parties agree. Both parents will make every effort to cooperate with and arrange for the children's attendance at school on a regular basis. 3. Transportation. Transportation responsibilities shall be shared by the parent receiving custody providing transportation incident to the custodial exchange, When Father arrives to pick up Cody, Mother shall send Cody out of the house so that the parents do not have any contact at the time of the custody exchange. 4. schedule: Holidays. The following holiday schedules should proceed the regular A. ThanksoivinQ. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from after school Wednesday until 2:00 p,m. Thanksgiving Day. Segment B shall be from 2:00 p.m. Thanksgiving Day until 6:00 p.m. Black Friday. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even- numbered years, Father shall have Segment A and Mother shall have Segment B. B. Christmas, Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at 2:00 p,m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 6:00 p.m. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. NO. 01-3449 CIVIL TERM 5. Father reserves the right to proceed on a Petition for Contempt based on Mother's conduct during Summer 2005. 6. Father will meet with Bill Brubaker on July 30, 2005 to discuss Father's concerns about his offer to take Cody on a Disney trip from August 5, 2005 through August 10, 2005. Cody may go on this trip provided that Father is satisfied that the adult who will be accompanying him will appropriately provide care and supervision for Cody during the trip. In conjunction with this meeting, Mother shall ensure that Father is provided with the details of the planned itinerary to include the name of the airline, flight numbers, the name of the hotel, and a telephone number where Cody can be reached during the trip. 7. In the event that Cody goes on the Disney trip, it shall be Bill Brubaker's responsibility to return the child to the Mother at the conclusion of the trip. 8. The Custody Conciliation Conference shall reconvene on January 6, 2006, at 11 :00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011, It is contemplated at the time the Custody Conciliation Conference reconvenes that the parties will plan for future Summer custody schedules and review compliance with the schedule set forth herein. BY THE COURT: Dis!: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Michael 0, Palermo, Jr., Esquire, 155 S. Hanover St., Carlisle, PA 17013 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3449 CIVIL TERM MICHAEL W. CROSS, v. CIVIL ACTION - LAW WENDY L. MARPOE, IN CUSTODY Defendant 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 is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF William Cody Cross Kimber L. Cross March 21, 1993 June 6, 1994 Father Mother 2. Mother filed a Petition to Modify Custody on June 30, 2005. A Custody Conciliation Conference was held on July 29, 2005. Attending the Conference were: Michael W. Cross, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Wendy L. Marpoe, and her counsel, Michael O. Palermo, Esquire. 3. The parties reached an agreement in the form of n Order rS/(jS~ Oat Ijlf--- ~ Melissa Pee Greevy, Esquire Custody Conciliator :255867 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 VERIFICATION I, Michael W. Cross, hereby certify that the facts set forth in the foregoing PETITION FOR MODIFICATION OF CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: 1/ (i-"..v-/ , / , 2006 - ,)./ r'"/ // / /h.~/ . z.. ( MICHAEL W. CROSS Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the PETITION FOR MODIFICATION OF CUSTODY ORDER, in the above- captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Ms. Wendy L. Marpoe 6908 Vetrans Way Ickesburg, PA 17037 DATE: APriI)LL, 2006 Barbara Sumple-Sullivan, Esquire Attorney for Petitioner Supreme Court # 32317 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 4 J:-J~Vl t \\ \) () - -.). C> -::t ....t:: \~-u S r ~J- !-, ) -" -.-( ".- r',,) ., ~-~~ MICHAEL W. CROSS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY L. MARPOE, DEFENDANT 01-3449 CIVIL TERM ORDER OF COURT AND NOW, this \C\ day of April, 2006, a hearing shall be conducted on the within petition for additional sanctions in Courtroom Number 2, Cumberland County Courthouse on Thursday, May 10, 2006, at 10:00 a.m. Wendy L. Marpoe is ordered to attend this hearing or process will issue. By the Court, Edgar B, Bayley, J, ~rbara Sumple-Sullivan, Esquire For Plaintiff v;kndy Marpoe 6908 Vetran's Way Ickesburg, PA 17037 ~ :sal ~, ,-', '.' II', ': ,,"\ ""'F\ ~ -.',-1i ,"":,L... MICHAEL W. CROSS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY L. MARPOE, DEFENDANT 01-3449 CIVIL TERM ORDER OF COURT AND NOW, this '2.. , day of April, 2006, this court's order of April 19, 2006, is amended to reflect that the hearing on the petition for additional sanctions shall commence at 8:45 a.m. rather than 10:00 a.m. All other provisions in the order of April 19, 2006, shall remain in full force and effect. ~ara Sumple-Sullivan, Esquire For Plaintiff ~y Marpoe 6908 Vetran's Way Ickesburg, PA 17037 .~ :sal ~~~ '^'~ \J .-,: ,-',', "-'",, , ~_. , , o APR 1 3 2DD~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant DOCKET NO. 01-3449 ORDER OF COURT AND NOW, this ~,~ day of-frpYl:' :D ,2006, upon consideration of the attached Petition for Modification, it is hereby directed that the parties and their respective counsel appear before Judge Bayley, at One Courthouse Square, Carlisle, CumJrrland County, Pennsylvania, Courtroom JL on the I c:fJ' day of 'f1lav ,2006, at It., for Trial. Counsel for the parties, or the parties themselves if they are unrepresented, shall file with the Court and the opposing party 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. FOR THE COURT, By: J. Edgard B. ax y The Court of Common Pleas of Cumberland County is required by law to comply with the with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations av Jlable to disabled individuals having business before the court, please contact our office. All arrangements must e made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled c ference 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 c::- (" ) j-' C-.\ '. ) WOLF & WOLF,ATTORNEYSAT LAW NATHAN C. WOLF, ESQ. SuPREME COURT ID NO. 87380 10 WEST HIGH STREEf CARLISLE PA 17013-2922 717-241-4436 MICHAEL W. CROSS, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVILACTION-CUSTODY WENDY L. MARPOE, : DOCKET NO. 01-3449 Defendant MOTION FOR CONrINUANCE AND NOW comes the defendant, Wendy L. Marpoe, by and through her attorney, Nathan C Wolf, Esquire, and presents the following motion for continuance of the custody hearing scheduled for May 10, 2006, representing as follows: 1. The Plaintiff/Father is Michael W. Ooss, an adult individual residing at 18 Shaub Drive, Landisburg, Perry Qmnty, Pennsylvania. 2. The Defendant/Mother is Wendy L. Matpoe, an adult individual residing at 54 Now Second Street, Newport, Perry County, Pennsylvania 17074. 3. The parties are the natur.1l parents of two minor child born out of wedlock, namely: William C Ooss ("Cod}"'), age 13, born March 21, 1993, and Kimber L. Ooss, age 11, bomJune 6, 1994. 4. Pursuant to G1stodyOrders of July 31, 2001 and August 9, 2005, the parties have shared legal custody of the children. Father has primary physical custody and Mother has partial physical custody of Cody on alternating weekends from Friday until Monday mornings and every Wednesday night to Thursdaymorning. As to the parties' daughter, Kimber, Mother has primary physical custody and Father has periods of partial custody at times as per the parties' agreement. 5. On or about April 6, 2006, Father filed a petition to modify custody and a petition for additional sanctions for Mother's alleged non-compliance with the Court's prior contempt order, issued February 22, 2006. 6. Pursuant to an Order dated April 21, 2006, upon a petition to modify custody filed by Plaintiff, a hearing was scheduled before the Court on or about May 10, 2006. 7. Mother did not receive notice of said hearing until approximately May 1, 2006. 8. Mother contacted the undersigned on May 8, 2006 and retained the undersigned this date. 9. The undersigned contacted opposing counsel requesting a continuance of the hearing scheduled for tomorrow to allow for the opportunity to prepare for said hearing, and to work towards a resolution of at least some of the underlying issues. 10. Mother has resided in Newport, Pennsylvania since the beginning of March, 2006, and notified Father of her new address, notified the child's school of her new address and the child was aware of Mother's address in Newport. 11. The first item that has been mailed to Mother's address in Newport was sent on April 25, 2006 via certified mail, which was the notice of the hearing for May 10,2006. 12. Counsel for Mother requests a continuation of the May 10,2006 due to scheduling conflicts, including other court appearances. 13. Despite the fact that Mother's address was known, at least as recently as April 25, 2006, by counsel for Father, Mother has not yet received Father's pre-trial memorandum and is not prepared to cross-examine Father's wimesses. 14. In seeking the continuance from Father, Mother has offered to pay the $250.00 contempt award, by May 26, 2006, and despite his refusing concurrence, continues to be willing to do so, in the event the Court grants the foregoing motion. 15. The undersigned has confirmed with the Court's staff that both counsel will be available in accordance with the Court's calendar on June 29, 2006, at 8:45 a.m . 16. The undersigned has sought the concurrence of the plaintiff in this motion and counsel for Plaintiff, Barbara-Sumple-Sullivan, Esquire, has not concurred in this request. WHEREFORE, Defendant, Wendy L. Marpoe, respectfully prays that this Coun grant the foregoing motion and issue an Order continuing the custody hearing currently scheduled for :May 10,2006, at 8:45 a.m, before this Court, to Thursday, June 29, 2006, at 8:45 a.m Respectfully submitted, Dated: May l--, 2006 y: , Attorneys at Law .. VERIFICATION I, the undersigned, do hereby verify I am counsel for Defendant, and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. Section 4904, relating to unsworn falsification to authorities. May ~, 2006 .. WOLF & WOLF,ATrORNEYSATLAW NATHAN C. WOLF, ESQ. SUPREME COURT In NO. 87380 W WEST HIGH STREET CARLISLE PA 17013-2922 717-241-4436 MICHAEL W. CROSS, Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 CERTIFICATE OF SERVI~ I, Nathan e. Wolf, Esquire, hereby certify that I have served a true and correct copy of plaintiff's Motion for Continuance upon the following person by United States Mail, postage prepaid, and in the matter indicated: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Dated: May ~ 2006 atban C. Wolf, squire 10 Wes~..High Street Carli&> p~ 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant () C :2:' ;+~\~: 7.1" '_I I ";.t r~.~ (I)":' -'" r~:: ~;~E'~ :PC: :.c?:". ::.<! ....." g "'" ::It ;po -< , <.D ~ ~~ 8:5 ."<...,-, ;J':......1 <';1 ern") (S "" ~ -0 ::3t r::: N . o WOLF & WOLF, ATTORNEYS AT LAW NATHAN C. WOLF, ESQ. SUPREME COURT ill NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 717-241-4436 ATTORNEY FOR DEFENDANT MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Kindly ENTER the appearance of NAlHAN C WOLF, ESQUIRE, as attomeyfor the defendant, Wendy L. Marpoe, in this matter. Respectfully submitted, Dated: MayM 2006 F, Attorneys at Law . Wolf, Esquire 10 st High Street arlisle, PA 17013 Supreme Court LD. No. 87380 (717) 241-4436 Attorney for Defendant WOLF & WOLF, ATTORNEYS AT LAW NATHAN C. WOLF, ESQ. SUPREME COURT ill NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 717-241-4436 MICHAEL W. CROSS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY WENDY L. MARPOE, Defendant : DOCKET NO. 01-3449 CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing entry of appearance upon the following person by United States Mail, postage prepaid, and in the matter indicated: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 /~ Dated: May _,2006 Nathan C. W , quire 10 West Street Carlis A 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant a c s. -ui:L: inrr: ~'i: ~~,: r.::r: . );;" --:;7\..> =() >c Z ~ ,....:> ~ ~ <:::f' ::It :Po' -<. ~ ~:n :g~ 00 ;r-r\ ~~ om ~ ~ o ~ \.0 .. C) - . . RECEIVED MAY 0 9 2006 lBY: MICHAEL W. CROSS, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION _ CUSTODY WENDY L. MARPOE, : DOCKET NO. 01-3449 Defendant ORDER OF COURT AND NOW, this ~ day of ~ -, 2006, upon consideration of Defendant's Motion for COntinuance, it is ~ERED that the hearing scheduled for May 10, 2006, at 8:45 o'clock:un., be CANCEllED, and that a hearing be scheduled before the undersigned on the 29'" day of June, 2006, at 8:45 o' clock a.m., in COurtroom 2 of the Cwnberland County CoUrthouse, 1 CoUrthouse Square, Carlisle, Gnnberland County, Pennsylvania. - ~ ~ wQ o..,..~ r~ !.t o 60 ~IE a:W if ~ .. . o ..::t" a.. x: oct ~ .:-:J <c (~z '-' :eC .J> -",,,,,J .792 i~~ ~ti dJ -",-0... :5 o o >- -=::: z: '-'=' = = ~ . 1 MICHAEL W. CROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY L. MARPOE, Defendant 01-3449 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of June, 2006, this hearing is continued to Wednesday, July 26, 2006, at 2:30 p.m. ~rbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 For the Plaintiff ~l~han Wolf, Esquire ~LSouth Hanover Street Carlisle, PA 17013 For the Defendant pcb ~ ~ !'~,,-) ~. C :!, 1- MICHAEL W. CROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY L. MARPOE, Defendant 01-3449 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of June, 2006, pending completion of this hearing and the entry of an appropriate order following the hearing now scheduled for Wednesday, July 26, 2006, the summer schedule, in addition to including every other weekend for the mother, shall include every Wednesday from noon until Thursday at 3:00 p.m. with the mother both picking up Cody and returning him to the father's home. /' By the/ Cour 1/ ' ~bara Sumple-Sullivan, 549 Bridge Street New Cumberland, PA 17070 For the Plaintiff Esquire ~than Wolf, Esquire 37 South Hanover Street Carlisle, PA 17013 For the Defendant ~ pcb , i -_.: c MICHAEL W. CROSS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY L. MARPOE, DEFENDANT : 01-3449 CIVIL TERM AND NOW, this ORDER OF COURT -a day of July, 2006, Wendy L. Marpoe is adjudicated in contempt of an existing custody order. She shall purge herself of contempt by (1) strictly complying with all custody orders, and (2) making a $500 payment on account of father's counsel fees not later than sixty (60) days from this date. 7Court, ./ ~ o\f> DCC5 O~ IC7 . '; .J ~,' ',) ;\1:]\"') I'" '. '"j -.?f '-li':f~ , '(?n~l . , MICHAEL W. CROSS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY L. MARPOE, DEFENDANT : 01-3449 CIVIL TERM AND NOW, this ORDER OF COURT 'Zi day of July, 2006. following a hearing on the merits, IT IS ORDERED: (1) All prior orders of custody as they apply to William C. Cross, born March 21, 1993, ARE VACATED. (2) Michael W. Cross and Wendy L. Marpoe shall have joint legal custody of William. (3) The father shall have primary physical custody of William. (4) The mother shall have temporary physical custody of William: (a) During the school year, every other weekend from Friday after school until Sunday at 7:00 p.m. (b) During each summer school vacation: (i) Every other Friday at 9:00 a.m. until Monday at 8:00 p.m. (ii) Every Wednesday from 9:00 a.m. until 8:00 p.m. (iii) Starting in 2007, in addition to the above, the mother and father shall have ten consecutive days during each summer. They shall discuss and agree to their ten day periods not later than the last day of school. . . . (5) (a) Thanksgiving: Thanksgiving shall be in two segments. Segment A shall be from after school Wednesday until 2:00 p.m. Thanksgiving Day, Segment B shall be from 2:00 p.m. Thanksgiving Day until 6:0 p.m. the next day. In odd numbered years, mother shall have Segment A and father shall have Segment B. In even numbered years, father shall have Segment A and mother shall have Segment B. (b) Christmas: Christmas shall be in two segments. Segment A shall be from December 24th at 12:00 noon until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26th at 6:00 p.m. In odd numbered years mother shall have Segment A and father shall have Segment B. In even numbered years, father shall have Segment A and mother shall have Segment B. (c) Memorial Day, July 4th, Labor Day: These holidays shall alternate with father having Memorial and Labor Day in even numbered years and mother having July 4th in even numbered years. In odd numbered years, mother shall have Memorial and Labor Day and father shall have July 4th. The time shall be 9:00 a.m. until 6:00 p.m. on the holiday. (d) Mother's Day: Mother shall always have Mother's Day from 9:00 a.m. until 6:00 p.m. (e) Father's Day: Father shall always have Father's Day from 9:00 a.m. until 6:00 p.m. (6) Transportation: The parent starting a period of custody shall pick up William. (7) Counseling: Mother shall forthwith attend counseling a minimum of five times with Jill Boyd of Diakon Lutheran Social Ministries, 960 Century Drive, . Mechanicsburg, Pennsylvania. Any costs of counseling not reimbursed by insurance shall be divided equally. The father, upon any failure of the mother to reasonable comply with this provision, should file a petition for special relief to change this custody order. 1 ,.e;;rbara Sumple-Sullivan, Esquire F or Plaintiff ~han Wolf, Esquire For Defendant ,_s;>. :sal <<""'" ~ ) I Michael is at risk and the counseling is essential. ('"\7, 1,,_-., ,'.: I ,~.. "'~ \~~L MICHAEL W. CROSS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. WENDY L. MARPOE, DEFENDANT 01-3449 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of August, 2006, this court's order of July 28, 2006, is amended to reflect that the footnote shall read, 'William is at risk and the counseling is essential." All other provisions of the order of July 28, 2006, shall remain in full force and effect. ~bara Sumple-Sullivan, Esquire For Plaintiff :sal ~ \)19 b"'\)~ OCf