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HomeMy WebLinkAbout95-00547f 31 ;~ !, `!i'k ', `f i z t$ ~k Y f~l 1 t~~ ~~~ ~~ 1 h++ ~'~~~(~L .r ~A~ V~ t 1 ' {y 'i. '?tl ~C,!i, e ;SA ., ~"' l ;,'~'f ,1,.,~ is k1 {¢ +~ a.'e _ - > r"'~~ .~ ~-~.,~ +{ :~1. ~~ a i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~`~~ _, PENNA. ~..-.rr;-•r. JOANNE ZEPP WHITE, Plaintiff Vrr~ns 95 5A7 ................. I~) 95 l) ........' ............... ,~ ........l1LFRED,A...WHITE..IIr . _ .... .. .. ......... Defendant ~~i :: i? ti ., v r 'F. i r r 8 DECREE IN l..' •~ /D ~I V O R C E AND NOW, .. ,~,!!!~^~ ... ~.~...... , 19 .~~:~?. , it is ordered and decreed that , , , , , JOANNE ZEPP WHITE ,,, , , , ,,,, , , , , , , , , , , , plaintiff, and .......... Al•F~P. A,. }ayi;rE, ?? . . ................ . ....... . .. . defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been ~nte~r~; .,~~ 1 .................. ...............................', ~,..J...........,.,.... nY T ~ c~~ ry: ~.. , Altesl: Qr..~1LisG~ ~ l~.Cfl'~, ~~~O~~a~-~ J' ~ •' w' r ` ~ t• / ~ /1'rnlhnno~nrY ~ ~• '~ _ _ ~. r. X9.91 ~' ~ ci~~ ~;,~~/ ~ ~L~ / w~ /~~/9-9~ ~bfie~ ir,~~/~ ~~• IN THE COURT OF CChII~10N PLEAS OF CUMBERLAND C0UP7I'Y, PENNSYLVANIA • ~• 95 - 547 CIVIL 1995 JOANNE ZEPP WHITE, Plaintiff . CIVIL ACTION - LAW vs. ALFRID A. WHITS, II, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infcrmotion, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) 71~W,T/K~XXXX of"the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the caaplaint: Defendant was served on Fbbruary 4, 1995, by Certified Mail-Return Receipt Requested "Restricted Delivery". . 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section ``; 3301 (c) of the Divorce Code: by the plaintiff November 9, 1996 I by .the defendant November 2, 1996 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: n/a (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code _~ I i Date: November 13, 1996 OA'NRIN & BATURIN Attorney for Plaintiff~D@QBtltl6tlt hL~delnine N. Dnturin, •squire 717 N. Second Street, Harrisburg, PA 17102 (717) 234-2427 _ T9 L. •r" G\ n 'i71; r ~,, ~ Ea't "~ _ :_ _ rJ _ :.t77 l'!r,'r ~ r~; C:1 f 17 ~ ?, :,~ ;~ ~~' c ~ ~ , ~j -~ ,' y' rv }~ ~c-> ~~ ~ U ` ~ ~ 'cs, ~ ~ ~ •` ~ ~ ~ , ... M ~ M J~ ~ ~ ~ ` , ~ '1-: ° ~ N > w O z ~ ° " ~^ 3 ' w •~ `-' o v ' d' K N 7~ N . ~ a u C I -{ I~ W Q ° I n tq ~ Ua ~ ~ U a I ~ ~ 0. ~ ~ H iu-I N d ~h~-I Q Z~ ~W.a a ~ ~ CS~~ m " rc F U K ~j x • . , NM Mll{r {Oi{Il{rl{({I{\•I{!{I{\ QI1b{OI V!{lyq hOlgl\Il9fi . ~ ( JOANNE ZEPP WHITE, IN TI;E COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, /P~ENNSYLVAN11qA V. NO. CIS Jr~~~ (..•_(.1,~-1..\J !/~.47~J ALFRED A. WFIITE II, CIVIL ACTION - LAW Defendant IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIG}ITS YOU HAVE IIEEN SUED IN COURT. If. you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. PROPERTY, LAWYER~SDFEES OR EXPENSES BEFORERA A IVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. court Administrator CUMBERLAND COUNTY COURT HOUSE 1 Courthouse Square Carlisle, pA 17013-3387 (717) 240-6200 DATED: January 30, 1995 BATURIN & BATURIN/1 Madeleine N.Baturin,Esquire Attorney IDN 68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 JOANNE ZEPP WHITE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO: CIVIL ACTION - LAW ALFRED A. WHITDefendant IN DIVORCE/CUSTODY COt.,FiAThT UNDER °°^mTnnt 3~Ot (C1 ^r .,. •• nTS~nurR CODE 1, The Plaintiff is JoAnne Zepp White, an adult individual, sui juris, who currently resides at 1129 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 2, The Defendant is Alfred A. White II, an adult individual, sui juris, who currently resides at 3 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at .least six (6) months immediately prior to the filing of the Complaint. q. The Plaintiff and Defendant were married on September 25, 1993, in Lemoyne, Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or annulment of the marriage between the parties hereto in this or any other jurisdiction. 6. The Plaintiff and Defendant separated on January 14, 1995. 7. Both the Plaintiff and the Defendant are United States Citizens. • , 8. Neither the Plaintiff nor the Defendant are presently members on active duty of the Armed Forces of the United Stator of America or any of its allies. 9. The Plaintiff avers that the grounds upon which this action is based is that the marriage is irretrievably brokan. 10. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. eoing so advised, the Plaintiff does not request that the court roquira the parties to participate in counselling prior to a divorce decree being handed down. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, BATURIN & BATURIN By: ~'12.~. '~ ~ /~.~ Madelaine N. Baturin, Esquira Attorney for Plaintiff. Attorney ID N 6©971 717 North Second 3troet Harrisburg, PA 17102 (717) 2~4-242'/ DATED: January 70, 1995 - 2 - VERIFICATION ~': I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SEC. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: January 30, 1995 AR- ~ L 1 JOA NE ZEPP ITE - 3 - ,~ '•Ct+ ~' `' r 'QS ~ ° ~ " ~ a '" az u z t ° N m ~ H ~ ~ Q ~ N ~ - H ~. ~ u ; ~ ~ m z Wz a ~ F w o LL u ~ C ' ~ o ~ 0o i Sa r, A Z i ~ W 3 x z ~V o a u ~ s a = .PL]: H W r ~ O d a u z~ u N ~ `~ w a ~ ~ ~ a . a ~ W W H m ~ . W . Z , n m ¢ ( ~ .F , U ?+ ~ H h RC x HU U _.., a wrt KLLl•r0 iirti•~i [iiti• A filU a maf m wwh rron uw m +' • -. r ~..r . JOANNE ZEPP WHITE, Plaintiff V. ALFRED A. Wf{ITE II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-547 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE QF SERVICE I, Madelaine N. Baturin, of the law firm of Baturin & Baturin, attorneys for the Plaintiff in the above-captioned matter, do hereby certify that on February 3, 1995, i deposited in the United States Mail, at the United States Post Office, Federal Square station, Harrisburg, Pennsylvania, an article of Certified) Mail, Return Receipt Requested, Restricted Delivery, a certified copy of the Complaint in Divorce, bearing Article No. P 654 976 696, addressed to: Alfred A. White II, 3 Woods'Drive, Mechanicsburg, PA 17055. The said article of Certified Mail, as shown by the Postal Return Receipt Card was received by the Defendant herein on ~• February 4, 1995, and according to same, was signed by him, to wit: A. White, which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated February 3, 1995, for said article of Certified Mail aforementioned. BATURIyN~ &~ ~BAQTURIN ~ Madelaine N. Baturin ,Attorney I.D. N G8971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorneys for Plaintiff Dated: February 6, 1995 ,' a t C C a C l) u c N 654 976 69F, Certified Mail Receipt No Insurnnco Cmompu Provldud Do nol uao for Inlernntionnl Mad ~•A~FRIiD A WIIITL' II ~Ir3f Woods Drivo f Mechorlicsburg FA 17055 linlad+ Q ,p Cslldrod i'++ 1.10 Sp«iel nnlnrry rna netllKlHl D+LNry PoO 2.75 6 newm n+r+~of srwn~ne m wnnm a cam o•1~+.+d 1.10 n+lum n«eql 6Mwnp Io Wlwm, Dal+, 8 M1Jrpa d DMn+ry.. . tmet roaap+, . , .. ;. ,,;~ B r+a• ~ $ 5.50 ~~ popmnvap~e fj ~tl< 2 GSPS~NO~~ _,,, ~ E DER:. .. ~a• ComplBU IumB 1 andPor 71or BddltbnBl urvlen; ~ r , ~ 7 ~ ~ 1 • -~ I elan.- WiBh to receive tI10 ,t ,I follawinp services' Ilor en extra ; t . camphla h+mB a, Bm 4B a b • Pant Your nBmB and addnP on fM nvhu of tNB loan BB tMt w• cm ~ lee) - + ~ ' ~ ~' ~ ~ntum Wacud to you. ~~ ~ -•~ - ;~ +. An~dilldr loan to IM honl 01 IM mBllpl•e+, or on tI1B b«k 1 ~ NL 1.wcB ` ~ , , y ~; Addreaeee's Addreta i t - O ,`~~r dwa not parr . - ~ • WdU"p+tum Rac+lpt R+Ow.ud"ontM mBppNn allow tM BnkN number hom tM BnklBwu tldlve+d BndtM d+N ~- -- 4e.. ealdctBd•DBIIVery .I R I l •.1'M PBNrn FlwNpt wle Bhow to w ~~ ~ dNlvu•d:, - I ~" ~ § BO Cone t oBtmeater for ~ ¢ I Number l i ,, / ~"-., 1 3r Anicle Addreeaitdto; r { a e 4e.._An P •654 976 696 I ~ 1 ALFRBD A WHITB II ,' ' Ir t . 4b. Sarvica Typa egietarad ^ Inwrad ~ 1, ~ ~ 3 Woods Drive , , ~ enured O coo .. ~ i i f r - ~ ~ 17055 or pt ^ Ezpreaa Meil ^ Roturn Rece I chenicsburg PA 1-c ~. Data ol,Den ~ _ ~S q 4 ~ 4 ,,!! gnat a Ad ae 1 ~ 8. Addr and I~~~ted y t t ;. 8, Slgnetue,lAgenq, {DELIVERY 1 ~ PS fmm ,December 188i au.B.opatBBa-~BtTU! DOMESTIC RETURN RECEIP~' j EXIIIDI'1' "A" JOANNE 'LEPP WIIITE, IN TtiE COURT OF COHMON PLEAS Plaintiff CUMUERLAND COUNTY, PENNSYLVANIA V. NO. 95-547 Civil Term ALFRED A. WHITE II, CIVIL ACTION - LAW Defendant IN DIVORCE/CUSTODY J~FFIpAVIT OF CONSENT_AND._WAIVER_OF_COUNSELING 1. A Complaint in Divorce under Section 33o1(c) of the Divorce Code was filed on February 1, 1995. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim " them before a divorce is granted. 5. I have been advised of the availability of marriage counseling and understand that i may request that the Court require that'my spouse and I participate in counseling; I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, Cumberland County court House, Carlisle, Pennsylvania, which list is available to me upon request; and, being so advised, I DO NOT request that the Court require that my spouse and I engage in counseling prior to a Divorce Decree being handed down by the Court. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: tN:vember 9, 1996 / ', ~ Anne Zepp W i ^ C) c in u~ ti "T:j _ `•~ • 2~ ~~l ~ ' ~ - 'r ~.. .r ~:~ _._ ~. j ~1~ "~ r rv ~ • JOANNE 2EPP WHITE, Plaintiff V. ALFRED A. WHITE II, Defendant IN THE COURT OF COHMON PLEAS CUNBERLAND COUNTY, PENNSYLVANIA NO. 95-547 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVIT_OF CONSENT.AND_WAIVER_OF_COUNSELIN~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 1, 1995. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the Complaint. :, 3. I consent to the entry of a Final Decree in Divorce. 4. 'I understand that I may lose rights concerning alimony, `"division of property, lawyer's fees or expenses if i do not claim them before a divorce is granted. ~ ;' '~''.: ~.. 5. ;I have been advised of the availability of marriage counseling and understand that I may request that the Court require • that my spouse and I participate in counseling; I understand that. the Court maintains a list of marriage counselors in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania, which list is available to me upon request; and, being so advised, I DO NOT request that the Court require that my spouse and I engage in counseling prior to a Divorce Decree being handed down by the Court. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. 4904 RELATIAF~~ FALSIFICATION TO AUTHORITIES. /) ~ DATED : _ r r o~ _~ ALFRED A. II ~n { i ~~ .~7 i cn .: ~^ ~' c`.' =~ .< N i - ,{ F°, !~! i f$¢~ 7 [/ ~ o~ ~ ~ .~ 'd -. 1J • ~ ~ ~ ~ ~ ~ m i , ( y ~ ~i O1 W ~ p f!f h{. '~~~~ M F ~ ~ ( ~ n] Q VVV r.' C'~ i4 H ~j JOANNE 2EPP, Plaintiff vs. ALFRED A. WHITE, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 95-547 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT rnL~` ~ AND Na`1, this ,r day of ~-~1~Y LL{~1,~ , 1997, upon consideration of the attached Custody ~onc 1 at on Report, it is ordered and directed as follows: ` 1. A Hearing is scheduled in Court Room No. ~_, of the Cumberland County Court House, on the ~.GL day of , 1997, at I'. V o'clock ~ m. at which t me testimony w 11 be take in this case. At the Hearing. the Father, Alfred Alan White, II, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody and also wetting forth a list of witnesses who will be called to testify at the Hearing along with a summary of the anticipated. testimony of each witness. This Memorandum shall be filed at least 10 days prior to the Hearing date. 2. Pending the Hearing, this Court's prior Order dated March 16~ 1995 shall remain in effect subject to the following modifications: A. The Father shall have partial physical custody of the Children on alternating weekends from Friday after school .until Sunday evening at 7:30 p.m. and every. Wednesday evening from after school until 8:30 p.m. For purposes of this provision, the Mother shall. provide transportation for the Children's return from the Father's residence on Sunday evenings. B. The Father shall insure that the Children attend all scheduled activities during his periods of custody. 3. The parties shall share or alternate custody of the Children on holidays as follows: A. Easter and spring break - In odd numbered years, the Mother shall have custody of the Children on Easter and over the school spring break with the exception that the Father shall have custody from 6:00 p.m. on the Thursday before Easter until Good Friday at 7:30 p.m. In even numbered years, the Father shall have custody of the Children on Easter and over the spring break. B. Thanksgiving - The Thanksgiving holiday shall begin at 6:00 p.m. on the Wednesday before Thanksgiving and end on the Monday following Thanksgiving at 6:00 p.m. The Father shall have custody of the Children over the Thanksgiving holiday in odd numbered years and the Mother shall have custody of the Children over the Thanksgiving holiday in even numbered years. C. Memorial Da /Labor Da -The Memorial Day and Labor Day hobs shal beg n on the Friday before the holiday at 6:00 p.m. and end on the holiday at 7:30 p.m. The Father shall have custody of the Children on Memorial Day in odd numbered years and Gabor Day in even numbered years. The Mother shall have custody of the Children on Memorial Day in even numbered years and Labor Day in odd numbered years. D. Jul 9th - The Father shall have custody of the Ch ldren on July 9th in odd numbered years and the Mother shall have custody on July 9th in even numbered years, at times to be arranged by mutual agreement of the parties. E. The Father shall pick up the Children at the Mother's residence prior to weekend periods of holiday custody so that the Father may then obtain the Children's clothing rather than having it transported to school. 9. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. / . BY THE COURT„ cc: Madelaine Baturin, Esquire - Counsel for Mother Alfred Alan White, II - Pro Se ,~.,~. is ~ ; ;' , ~= ~ „~' t~ ~ ` ~,~~ c.. ,;, L..• c~,- t ~; i ~ Al 'i~ ~= r: [~ ` .. -. ;;.. U P` ~ i ~-> C' 4. e JOANNE ZEPP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. N0. 95-547 CIVIL TERM ALFRED A. WHITE, II, Defendant PRIOR JUDGE: Edgar 8. Bayley CIVIL ACTION - LAW CUSTODY CUSTODY O0FiCILIATION SUMMARY REPORT IN ACCORDANCE WPfH CUMBERLAND COIRdiY RULE OF CML PROCF,W[tE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is ae follows: NAME DATE OF BIEtTFI C]1RE2F1JfLY IN CUSTODY OF Felicia Nicole 2epp -April 25, 1983 Plaintiff/Mother Dylan Bradley 2epp January 8, 1992 Plaintiff/Mother 2. The initial Conciliation Conference in this matter was held on March 7, 1995 during which an agreement was reached and an Order was entered on March 16, 1995 granting the parties shared legal custody of the Children with primary physical custody to the Mother. Under the Order, the Father was to have liberal and flexible partial physical custody as mutually agreed by the parties. The Father subsequently filed this Petition to obtain a definite partial custody schedule and a second Conference was held on January 14, 1997 with the following individuals in attendance: The Father, Alfred Alan White, II, Pro Se, and the Mother, Joanne Zepp, who is represented by Madelaine Baturin, Esquire but .appeared without counsel at the Conference. 3. Although after much effort the parties were able to agree on a holiday custody schedule (with the exception of Christmas), the parties were not able to resolve their disputes as to an ongoing partial custody arrangement and therefore a Hearing will be necessary in this matter. 4. The Father's position on custody is as follows: the Father stated (acknowledged by Mother) that the parties have been operating on a schedule whereby the Father has custody of the Children on Wednesday evenings and alternating weekends from Friday after school until Sunday night. The Father sought to confirm this arrangement by Court Order because he feels that the Mother does not follow the schedule consistently and disrupts the informal custody plans when they are inconvenient to her schedule. The Father stated that he was not permitted to see the Children over the Thanksgiving or Christmas holidays last year. The Father alleges that his relationship and rapport with the Children has been severely damaged by the Mothor'e influence. The Father contends that the Mother's agenda controls the Children's activities and she does not acknowledge his right to spend time with the Children. The Father agreed to participate in and pay one-half of the costa of joint counseling for the purpose of addressing the underlying custody issues and the parties' communication problems. The Father seeks a partial custody schedule whereby he has custody of the Children on every Wednesday evening, alternating weekends, alternating holidays and two weeks during the summer vacation. 5. The Mother's position on custody is as follows: The Plother believes it is in the Children's best interest to retain a flexible partial custody schedule so that the arrangements can be adjusted as different circumstances arise. The Mother stated that the Children often do not want to go to their Father's residence for periods of custody. The Mother expressed concern for the Children's safety in connection with allegations that the daughter has been locked out of the Father's house on two occasions after school when the outside key was not available and the daughter was dropped ofE at an activity by the Father without first insuring that the Mother was attending the activity and available to bring her home. The Mother contends that the Father inappropriately involves the Children in the parties' custody and other disputes. The Mother believes she is very flexible in accomodating the Father's schedule for custody. Although the Mother agreed to participate in counseling for the purpose of addressing the parties' communication problems, she was not willing to commit to pay one-half of the counseling costs. 6. The Conciliator recomn~nds an Order in the form as attached. It is expected that the Hearing will take less than one-half day. Oats ~ ~ ~ 9~ c~~•-~/.~.~.Y dawn S. Suniay, Esau re Custody Conciliator ~•jc.f :IN TIfE COURT OF COMMON PLEAS OF ~fr"-.(Fll"" ~ 'phaintiff :CUMDERLAND COUNTY, PENNSYLVANIA V ~ :CIVIL ACTION - LAW :NO. ~9'S'S`)~ CIVIL 19 r~ p~a~,~c- Zc-gyp Defendant :CUSTODY/VISITATION ORDER OF COIIRT AND NOW, this (date') y , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ~7c,w„ c . 5..,,dg~ r=.Sa, , the conciliator, at ~g w. ~a~~ Sh. ~ti,~..tiu~~~l~.ly on the 1~~ day of , 19 q~-1, at g • c'Y)~ vv, M:, for a Prehearing Custod 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear•at the conference may provide grounds for entry of a temporary or permanent order. FOR TXE COURT: BY: ~w~ ~~.u-[E'9~ fps Custody Concilia r ~~ YOU SHOULD TAKE THIS PAPER TO YOUR LAW1'L"R AT ONCE. IF YOU DD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 FIL[D-0FFICG_ OF ihl"• FP,~~11 ~~~~-~iAAY ia~ i~•9F ia•~~•~~ Ia•i ~- 96 ,~ o~-c i ~ nii fin: ~~ ,, PU~i ~~ iL~liu`;'> y?~ ~/,~/ Cn~ mjrtJ~ f ~ ~ ~~~~ ~~rti f << 1 '~ ~, .~~ ~Y'b. AFB ~q,Yt G~G-~ r"" ; IN THE COURT OF COMMON PLEAS OF ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ~ 1996, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ;~Q.,,,~ LI~~~ P NO. Jp ~~ CIVIL TERM "" ~"' ne ,Defendant CUSTODY DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 30 ALFRED ALAN WHITE II, . Plaintiff V. , JOANNE 7.EPP, ' Defendnnt ' IN TIIE COURT OF COfiIION PLEAS CUI411ERLAND COUNTY, PGNNSYLVAfIIA N0: 95-547 Civil Term CUS'10DY PETITION TO MODIFY CUSTODY 1. The Plnintiff is Alfred Alan White II, residing at 3 tdooda Drive, i~lechanicaburg, Cmnberland County, Pennsylvania. 2. The Defendant is JoAnne Zepp, residing at 1129 Harris burg Pike, Carlisle, Cumbe rland County, Pennsylvania. 3. Plaintiff seek s visitation of the following, children: f1Af1E PRCSEPIT ADDRESS AGE Felici a Nichole Zepp 1129 f{Arrisburg Pike 13 Carlisle, Cumberland County, Pennsylvania 17013 Dylsn 3radley Zepp 1129 Harrisburg Pike 4 Carlisle, Cumberlnnd County, PennsylvaniA 17013 The children were born out of wedloc!c. The children are presently in the custody of the Defendant, JoAnne Zepp, who resides at 1129 1arrisburg Pike, Carlisle, Cumber- land County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following Addresses: PERSONS AUDRIiSSES DATES Alfred Alan White II 1129 Iarrisburg Pike 10/89-4/95 (Natural Fathec) Carlisle, Cumberland County, JoAnne Zepp Pennsylvania 17013 (NaturAl flother) JoAnne Zepp 1129 Ilarriaburg Pilce 4/95-12/96 (NAturAl tlother) Carlisle, Cumberlond County, Pennsylvania 17013 The mother of the children is the Defendnnt, JoAnne Zepp, currently residing nt 1129 IlArrisburg P1kc, Carlisle, Cumberland County, Pennsylvania. She is divorced, ,~ ,~ . ~, The father of the children is the Plaintiff, Alfred Alan White II, currently residing nt 3 Woods Drive, tlechanicsburg, Cumberland County, Pennsylvania. Ile is divorced. 4. The relationship of Plnintiff to the children is their Natural Pother. The Plnintiff currently resides with: NAtIE RGLATION511I P Alfred A. White I Natur- nl ~atFier Donna M. White Natural llother S.TI~e relationship of Defendant to the children is their Alaturnl Mother. The Defendont currently resides with: NAl1E RELATIONSHIP Felicia N chole Zepp Daughter Dylan Dradley Zepp Son 6. Plaintiff has participated as n party in other litigation concerning the custody of aforementioned minor children in this court. The court, term and number, and its relationship to this action is: The Court of Common Pleas of Cumberland County, Pennsyl- vanin, N0.95-547 Civil Term, Custody Conciliation liearing. Plnintiff has no information of a custody proceeding concerning' the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7.The best interest and permanent welfare of the children will be best served by granting the relief requested because: a.Plaintiff/natural father is well able to adequately provide for said children with n proper and wholesome environment, physically,... emotionally, psychologically and socially, within wick to live; and, b.Plaintiff/natural father has been involved directly with said children in a parental capacity since 1989; c.Plnintiff/natural father has been awarded shared legal custody. and liberal and flexible partial physical custody of children, purausnt to ORDER OF COURT, !larch 16,1995, N0.95-547 Civil Term, Custody Conference, i. Court Of Common Pleas Of Cumberland County, Pennsylvania. -2- d. It is in the best interest of the children that partial physical custody, in the form of every Idedneaday, every other weekend, alternating, holidays, and two full weeks during the summer months, be granted to the children's natural father, Alfred Alan White II, Plaintiff herein. .WHEREFORE, Plaintiff requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a FINAL ORDER granting partial physical custody of said minor children, Felicia Nichole Zepp and Dylan Bradley Zepp, to the Plaintiff, Alfred Alan White IT. ..--" Resrect'ful 't ,- ALFRED ALAN WHITG II '~ Dated: December 8, 1996 -3- VERIFICATION I VRRIFY THAT ALL TILE STATEIiENTS 17ADF. IN TI{IS COPIPLAINT ARE TRUE AND CORRECT TO TIfE BEST OF MY KNOWLEDGE, RELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SURJECT TO THE PENALTIES OF lfl PA.C.S. SEC.4904 RELATING TO UNSWOR4 FALSIFICATION TO TO AUTHORITIES. DATE: DecemUer 4, 1996 __. ~-- i .,~ ,-- ------ .~' ~. /~ ALFRED ALAN WHITE II -4- o ~ ~' a~~~ Q ~~~~ W ~ ~ a p ~~ t^ ~8 W . U~~ ~ .H ~ j ~1 d W W 1~(~ 1~ p n l ~ 4 o W ~ a o w ~ & ~ ~ ~ . ~®l, ta n~ ^QO ~ .. ~ _ VIf ~ ~ ~ ~ p~ ~ ti ~ ~ U 1 i~ ~r.~ <4': • ~ - - . ~,_ .. _. _., . _... , ,. ~~ JOANNE ZEPP {JHITE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs, N0. 95-547 CIVIL TERM ALFRED A. WHITE III CIVIL ACTION - LA{4 Defendant IN DIVORCE/CUSTODY URDER OF COURT AND NOW, this ' ~ day of {/ 1/~ , 1995, upon consideration of the attached Custody Conciliation Repo t. it is ordered and directed as follows: 1. The Motheri Joanne Zepp Whitey and the Fathers Alfred A. White II, shall have shared legal custody of Felicia Nicole Zepp, born April 25, 1983 and Dylan Bradley Zepp, born January 8, 1992. 2. The Mother shall have primary physical custody of the minor Children. `I 3. The Father shall have liberal. and flexible partial physical custody of the Children as mutually agreed by the parties. It is contemplated that the Father shall have partial physical custody of the Children for, at a minimums one weekend per month. 9. The transportation of the Children to and from the Father's periods of partial physical custody shall be arranged by the mutual agreement of the parties on an ongoing basis. _ BY THE COURT, , cc: 14adelaine N. Baturin~ Esquire r ,~, „~~~u`, 3/-"1'9~s. Alfred A. White, II ~` $ ~~ __ -; t~ 7:rv ~,~v{~i {yti 1; -i1~NS ~!;- -1.7 3aii ~:' S6. I~~ of h ~ I a7;~ JOANNE ZEPP WHITE, Plaintiff vs. ALFRED A. WHITE II, Defendant IN THE COURT OF COMMON PLEAS OF CUMRERGAND COUNTY, PENNSYLVANIA N0. 95-547 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACOOE2DANCE WITEI CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-B, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subjects of this litigation is as follows: NAME RIRTHDATE CURRENTLY IN CUSTODY OE Feliria Nicole Zepp April 25, 1983 Plaintiff/Mother Dylan Bradley Zepp January 8, 1992 Plaintiff/Mother 2. A conciliation conference was held on March. 7, 1995, with the following individuals in attendance: The Mother, Joanne Zepp White, with her attorney, Madelaine N. eaturin, Esquire, and the Fatherr Alfred A. White, II, who appeared without legal counsel. 3. The Parties agreed to the entry of an Order in the form as attached. /~ lYlarfl.~ lyr 1~~5' (L/Ch,... cc r. Gr..,- Date Dawn S. Sunday, Cl Custody Conciliator r, N N y m q W ~ ~7 a ° ? w N n v a~ w ~ ~ ~ ¢ < ~ w ~ ? . ~c ia~i ao u m o z W > " ~ n o ~ "'' u. °~ z ~~ rn v ~ ro sa .. a i ~0 3Z m = z w W z ~ y a ~ ~ g a ~ a = o ~" U ~ u w NN ¢ " y o u as . f] ~~~ O q _ +11 F ` ' p~ ~ ~ ~$ Q m n n j N J ~' z F. Z~U H d ~ ~ U ~ < . S i ..a Mllb.O aalti.LlalO VB fUJ or nl.or ovvr~a non rnuro ' JOANNE ZEPP W}iITE, IN T}iE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA /~ v ALFRED A. WHITE II, CIVIL ACTION - LAW Defendant IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed hat th M[~arti s and their respective counsel appear before awn 5• ~b~n-day ~5~i, , Conciliator, on the ~~_ day of _ Mti~Gh , 1995, at _ ~ p .m., at +3~f Ia~Nk~rnS~• ~-hp~titi^~~~'"'7 , for a Custody Conciliation 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 hard 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 the entry of a temporary or permanent Order. FOR THE COURT: 'i~~/ Ub, Dated: 1995 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURT}10USE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 2A0-6200 ~E~ a 3 ,o r,~ rs5 ,. ,,. _ ,;. 07 • ~ • ~~ ~.~~~. nr,f.,.ls7d 'fp 2G~ Qs![c~.,, JOANNE ZEPP WHITE, IN THE COURT OP COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO: ALFRED A. WHITE II, CIVIL ACTION - LAW Defendant IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes JOANNE ZEPP WHITE, by her attorneys, BATURIN & BATURIN, and respectfully represents as follows: 1. A Complaint In Divorce has been filed by JoAnne Zepp White at the above term and number simultaneously with the filing of this Complaint for Custody and is directly associated with the pending litigation. 2. The Plaintiff upon this Complaint for Custody, JoAnne Zepp White, is an adult individual, sui jurts, who currently resides at 1129 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Defendant in the within Complaint for Custody, Alfred A. White II, is an adult individual, sub juris, who currently resides at 3 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. A. Plaintiff and Defendant are married, having been married on September 25, 1993, in Lemoyne, Cumberland County, Pennsylvania, and are in the process of obtaining a divorce. 5. The Plaintiff and Defendant are the natural parents of two children born prior to their marriage, Felicia Nicole Zepp (presently 11 1/2 years old, born 4/25/83) and Dylan Bradley Zepp (presently 3 years old, born 1/8/92). Said minor children are the subject of this Custody Complaint. 6. Plaintiff seeks full legal and primary physical custody of the parties minor children, Felicia Nicole Zepp and Dylan Bradley Zepp. 7. The aforementioned minor children are presently in the physical custody of their mother, the Plaintiff in the Custody Complaint, JoAnne Zepp White, who presently resides at 1129 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 8. Since birth, said children have lived at the following addresses with the following persons: pBTE 4/25/83 - 4081 S. Four Mile Run Drive 4/84 Arlington, VFW, 22204 4/84 - 2600 Heath Court 8/84 Dumfries, VA 22026 8/84 - 1339 Asper Drive 1/85 Boiling springs, PA 17017 1/85 - 4341 Carlisle Pike, be 4/85 Camp Hill, PA 17011 4/85 - RD 1 BoX 48 8/85 Shermansdale, PA 17090 8/85 - 4515 S. Woodward, N4 11/85 Oklahoma City, OK 73119 CUSTODY Natural Mother Maternal Aunt Natural Mother Maternal Aunt Natural Mother Maternal Grandfather Natural Mother Natural Mother Natural Mother Maternal Grandmother - 2 - 11/85 - 837 S. Barton Street 11/88 Arlington, VA 2220A 11/88 - 1021 Shipman Lane 10/89 McLean, VA 22101 10/89 - 1129 Harrisburg Pike 1/18/95 Carlisle, PA 17013 1/18/95 - 1129 Harrisburg Pike Present Carlisle, PA 17013 Natural Mother Maternal Aunt Natural Mother Maternal Aunt Natural Mother Natural Father Natural Mother 9. The relationship of the Plaintiff in the Custody action to subject minor children is that of natural mother. 10. The relationship of the Defendant to subject minor children is that of natural father. 11. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor children. 12. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of said minor children will be served by granting the relief requested because: a. Plaintiff/natural mother is well able to adequately provide for the continuing health, educational needs and general welfare of said children; b. Plaintiff/natural mother is well able to adequately 3 - __.. r.~„.-. ~~ provide for said children with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; and, c. Plaintiff/natural mother has been the. primary caretaker of the children since their birth; d. It is in the best interest of the children generally that primary legal and physical custody be granted to the children~s natural mother, JoAnne Zepp White, Plaintiff herein. WHEREFORE, Plaintiff requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final order granting primary legal and physical custody of said minor children, Felicia Nicole Zepp and Dyliin Bradley Zepp, to the Plaintiff, JoAnne Zepp White. ' Respectfully submitted, BATURIN & BATURIN Madelaine N. Baturin Attorney ID p68971 Attorney for Plaintiff 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Dated: January 30, 1995 - 4 - e I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE. MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SEC. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: January 30, 1995 f.~ ~~ rY. ~~+ 1'~.. 1l rl tir) O jti ~ /A a n::•; n x N w= l ~~~ m o~ Q N w a w +' M W N 'F ~ U N .... Z W ~ p ' j ~ W ,~ w 'J a C N d _ < SW £ ro H ~ i3 ~ W ~< p $ Ll W W In Q . U Z > ~; V F a ~ W ~ N n ~~ W (11 xi ~ ~ q 0 ~ ~ W ~ Z Z Z z FU W $ ~ = , g ~ ~ a = qq 02 H [V ~ w a n 7 ~ ~ ~ m F W~ W 2 n~ ~ ~HRI ri 4 W W ~ ~ O U S H U U N. HM N4{ ~ X004{ •~9 filU • f{ f11U On nv01 ~1iLiM fi0tl11i1{9fi r .- r ,: JOANNE ZEPP WHITE, Plaintiff V. ALFRED A. WHITE II, Defendant IN THE COUR`P OF COMMON PLEAS CUMDERLAND COUNTY, PENNSYLVANIA NO. 95-547 Civil Toren CIVIL ACTION - LAW IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE i, Madelaine N. Baturin, of the law firm of Baturin & Baturin, attorneys for the Plaintiff in the above-captioned matter, do hereby certify that on February lo, 1995, I deposited in the United States Mail, at the United States Post Office, Federal Square Station, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, a certified copy of the Complaint For Custody and Order of Court, bearing Article No. P 125 163 950, addressed to: Alfred A. White II, 3 Woods Drive, Mechanicsburg, PA 17055. The said article of Certified Mail, as shown by the Postal Return Receipt Card was received by the Defendant herein on February 15, 1995, and according to same, was signed by him, to wit: A. White, which card is attached hereto and marked as Exhibit ~'A", along with the deposit slip dated February l0, 1995, for said article of Certified Mail aforementioned. BATURIN & BATURIN '-~~ Madelaine N. Baturin Attorney I.D. a 68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorneys for Plaintiff Dated: February 16, 1995 P 125 163 95D Raceipttor Certified Mail ~~ Nn Insurnnco CavnmlW Plovulnd :Z~L,t::a Pn not use Im Inimnntionni Mnil ISnu Ilavnuul ''"'Dlr. Alfred A. Whitc+ Il """'3"'IJoods Drive Dlech+miesbur PA 1705 .•,.,..," S .56 r.,l,..l ... 1.10 ,I.,.. ~.:,,,, , . Nrm.en V.a, ~,. I.x m n.lie~, 1~.., x.rl •. ,. ~,1 1.10 m w Nu„~.~ h n.., It. . ~..I C WI.. J'.., /..I.I~x.'n.. h~llrx,f -, IU,e, r,„1.,, g 2. ' 75 ~ elxx ' ~ Vosnnan o. Wer M € 2/10/95 LL :.+~w y;r. '[ x a.~.o . .r4 ~p _ £"'~ _. .- . ~1' wlan ~Wlwl\.. 10 IBCwIVw! •i CompNts hams p: W 1. e b "'~ ~' touowmp services nor an ewara ; i , •"MIM yard name ind sddrw on tM rsv,ns of tNs loran w iMt w• can 1e6~ ' , ;' - ~, ~. ntum Ws urd to you .~ ... -• ~ r ... •: Anseh iMs roan to tM Wont of Ni msupNn, a on iM Meh it rapsn ,1 ^ Addrsdwe s Address , Jj dai not psrmlt ~-' . „ ~ ', Y ,~ ~•. Wrhs RnumflscdtolRpw,tW'ontM msspNU Mbw tM utkMrdmlbsr ;;2 : (] Restricted DolWery+ st •-TMRstum Rsesiplwld show to whom tiw ntkls v,e, dsswnd snd tM dsn Consult ostmester for fee " ~ b MdrerM ft 113 ;Article Addressed to ~ ,-. 4a. Article Number ~ • j '. Mr, Alfr©d A. Wh~ta. I I' 1 P 125 ' 163 950 ' ' @ 3 WUUdB Drive ':` _, _ 4b. Service TYPe ~, $ ~Machanics6ur , -PA 17055 ~ Raph+tered ~ Insured _ 8 ~~ XBCertlliad: ~ O_COD ' 1` _ ^ Espress Mail :^ Return Rsi eipl~or '~ ' i ~:~~ ~~. ~ ~ J. ~ Data of Dall ry ~ = i I a rs seal - B. Addressee s Addroa (Only If requested i ~ end lee Is paidl I B. Slpnewro Apant) ; ~ I • ;. ~ ' 1 ' I ~. 1r.f.,,,~ i ~ i ~_ I d li i.l: ,tl 11 iii I rtl li _.. PS Farm ,December 7981 sue.o-«tsa-asttu DOMESTIC RETURN RECEIPT EXIIIDIT "A" I / ALFRED ALAN WHITE, II, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • JOANNE ZEPP, • DEFENDANT 95-0547 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of December, 1996, the petition of Alfred Alan White, II, for special relief, IS DENIED. The court administrator shall assign this custody case to a concl0ator. , By the Edgar B, Bayley, J. Alfred Alan White, II, Pro se 3 Woods Drive Mechanicsburg, PA 17055 Madelaine N. Baturin, Esqufie For Defendant Court Adm(nistrator .d•~'• .~ :saa ~' i~ '~ i.~ --, .. t ... .. J ..f i .. N~ ~ ALFRED ALAN WHITE II, Plaintiff v. IN THE COURT OF CONDIGN PLEAS CUDIDERLAND COUNTY, PENNSYLVANIA N0. 95-547 Civil Term JOANNE ZEPP, CUSTODY Defendant PETITION POR SPECIAL RELIEF 1. The Plaintiff is Alfred Alan Ilhite II, residing at 3 Woods Drive, Dlechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The llefendant is JoAnne Zepp, residing at 1129 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks special relief for visitation of the follow- ing children: Felicia Nichole Zepp, age 13, and Dylan Eradley Zepp, age 4, presently residing at 1129 Harrisburg Pike, Carlislo, Cumber- land County, Pennsylvania, 17013. The children were born out of wedlock and are presently in the custody of the Defendant, JoAnne Zepp, who resides at 1129 }iarrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. During the past five years the children have resided with the following persona and at the following addresses: PERSONS ADDRESSES DATES Natural Father 1129 Flarrishurg Pike 10/89- Natural Nother Carlisle, Cumberland 04/95 County, Pennsylvania Natural Nother SAME AS AEOVE 04/95- 12/96 The mother of the children is the Defendant, JoAnne Zepp, currently residing at 1129 Ilnrrisburg Pike, Carlisle, Cumberlnnd County, Pennsylvanin, 17013. She is divorced. The father of the children is the Plaintiff, Alfred Alan Ilhite II, currently residing at 3 IJoocls Drive, tlechanicsburp„ Cumberlnnd County, Pennsylvania, 17013. fie is divorced. !. 4. The relationaliip of tlce I'lnintlff to the children is their Natural Father. The Plaintiff currently reaicles with: NANL Alfred A. Nhite Donna t•i. White RGLATIONSIII P Natural Father Natural Mother 5. The relationship of the Defendant to the children is their Natural tlothcr, The Defendant currently resides with: NADIG RGhATIONSIIIP Felicia Nip;hole Zepp Daughter Dylan Bradley Zepp Son 6. Plaintiff has participated as a party in other litigation concerning the custody of the aforementioned minor children in this court. The court, term and number, anti its relationship to this action is: The Court Of Common Pleas Of Cumberland County, Pennsylvania, N0. 95-547 Civil Term. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respects to the children. 7. The best interest and permanent welfare of the children will be beat served by granting the special relief requested because: a. Defendant plans to take the children to the state of Florida over the Christmas and New Years holidays without the agreement of the Plaintiff. b. Defendant had agreed previously in writing to the Plaintiff that the children would be available Christmas Gve. c. Defendant informed Plaintiff of the alteration to the agreed arrangement Doc. 5, 1996, (two weeks prior to their departure date). d. Defendant's departure date; Dec. 20,1996, is a scheduled weekend visit for the Plaintiff with both parties had agreed to in writinP,• -2- F e. PIHGRCFORF., Plaintiff requests this Ilonorable Court to grant the special relief requested, and any other relief deemed appropriate, and enter a Final Order granting the partial physical custody of said minor children, Felicia Nicliole Zepp and Dylan firaclley Zopp, to the Plaintiff, Alfred Alan White II. espectful y- ~ted",`._. .- .r-' _. Alf red Alan White II Dated: December A, 199G -3- . , Y, ;k VCRIFICATION I VERIFY THAT TILE STATEFIENTS FIADE IN THIS COPIPLAINT ARE TRUE AND CORRECT TO TIIE BEST OF t4Y KNOWLEDGE, BELIEF, AND INFORMATION. I UNDRR- STAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PCNALTIES OF 18 PA.C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTIIORITIES, AATE:`December H, 1996 ,~ -4- ALFRED ALAN WHITE II ALFRED ALAN WHITE, II, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. JOANNE 2EPP, DEFENDANT :95.0547 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of December, 1996, the pet(tlon of Alfred Alan White, II, for special relief, IS DENIED. The court administrator shall assign this custody case to a conciliator. _ ' By the Edgar Alfred Alan White, II, Pro se 3 Woods Drive Mechanicsburg, PA 17055 Madela(ne N. Baturin, Esquire For Defend t rt~strator aaa ,7107 -IJr~,~- ~~' 7co~ ~~' rT~r~`b~ f ~~ ~e~ns~l dah ~~ (~ l~loZ. 12-IU-IUJU 117'ai-' /J~ 16UA , IliUf1C hIWnNCL• {~. Ul July 1, 1996 r-h"+'~~ ~P3-~ (33 18`~ _ Mrs, JoAnne Zepp White; The arrangement for visitation agreed epon by you, your attorney, and m}•selt, in the presence of Dawn S. Sunday Esq., Conciliator, on the 7th day of Dlareh, 1995, at 39 N. !fain St. Mechanicsburg, hae.....and is NOT, proving to be a viable working solution to my visitation rights ae a father. Consistent documented negligence and blatant disregard on your part concerning my rights to see my children have made it necessary for me to protect these rights by pursuing outer options through legal chnnnels. It ie my intent to see my children on n regular ongoing schedule conslstinl; of weekly Wednesday visits, and veekend visits, every ocher weekend. Tftis objective will be accomplished by one of two.methods; OPTIONII 1- A mutual agreement, siGned and documented by both parties. OPTIONII 2- Modificntion of the exlating Court Order. A listing of the dates thnt this arrangement will go into effect rre as Pallawa: Wednesday visits for Dylan will commence July 10, 1996. Wednesday visits for Felicia will commence July 10+17, 1996, and will recommrtrce after camp, Augvat 7, 1996. "During the school year Felicis will ride the bus to her father s house after school- During the summer months h$r father will pick her up at the mother's F~ureso a: ;:CJcw. Dylan will be picked up by his father at Best Friends Daycare at 4;30pm. The children will be returned to the mother's address nn later than &;4ipm. Weekend visits for Dylan will commence August 2-4, 1996. Weekend visits for Felicia will commence August 16-18, 1996. Transportation for weekend visits will be the same as weefrday visits, the only variation will be the days that they will be picked up and returned; Friday dick-up, 5uncay returnee 'holiday visits can be discussed tltrnual+ written correspondence. I ]la~•e. contrm;lGted - having the children for Labor Day, Thanks~iviny„ Christmas Eve Church Service, and hell of Christmas Day. Once again, i am open ro dlscussinn on Holiday visitation as long as it is reasonable. To avoid turther conflict and unnecessary concoct please slgst this document and return !t to me vie certified mail to acknowledge your agreement and intent to abide bt• the terms of this arrangement stated abase. Thunk you for your attontto s tter• SirtcP ' // ~• . i ,1oAnne Zepp White acknowledge thl~ arrangement ' for visitation and agree to abide by tt{~ terms of ~ ~~~ this arrangement ns stated above. A. Alan t,'hite i] Dare: ~ y +,, ~•,:.: . 12-ln-tuns 1Ir55 7~J!i ISpn (iOrIC PINANCIi P.00 Sept. 9, 199G Mrs. JoAnne Zopp White; Thank you for acimowledt;in~ and reapondin(; to ny letter Anted July 1, 199G. I oppreciate your wi111nRness to ncconunodete a mutual achrdulln~ effort concerning, the children's time. As etoted in the Court Order those nrrnnRrmrnts me to be made by both of us, The dates listed in your letter of Sept. l., 199G, ere acceptable +~rrkend vialt- otion datee, ae they coincide with the dates I listed for weekend visitnttnn !n my letter of July 1, 1996. ~•-~ ~-~~~~~~~ •_..`._.___ I would like to point out to you thnt nrlthcr you nor I have authority of our children anymore. ........THE CUURT DUES. Thot i;+ the reality you have put them 1n. As far es the Court Urder is concerned both of ua nee to agree to the children'F schedule: You arc not to make that alone, and tl~e some Roes for me. The sooner we start working together the easier it will be on Ctrs Kids. They're watching both of ua for on example, let's keep that in mind, shall wtr? ThenksRivinR, Ghristmae Eve Church Service, Half of Christmas Doy, iJew Years Eve, and New Years Day have yet to he addressed. Thank's again for responding to my concerns. 5incerel;~, ~ ~,. /. .~~ i; Alfred Alnn lihitr II 12-10-1996 11:55 Scptemba 6, 1996 Mr. Alan White . I / 795 1504 t30NC FINANCE P. U7 1 do na oppreeiate you picking FcUcia and Dylan up without making arrangements with me, As suttal in the court paper; I em Ure prirrmry physical custodial parent and thttefore.l am responsible for their physical loa~~ ~••• i undastand you would like to sec Felici+ and Dylan. and l would like to uccotnmodate you. Far funvc visit:, please make wttfimtod arrangttntttts with n>c. 1 would like to remind you dtae was ncvtt any agreed upon schafulc for Felicia and Dylan to visit with you ul t}utn Wahtesday evgtut~ afttt school until 6:30pm his my undasutnding you did not want to pith •tvy weckatds until we wau to court again which was Option N2 on your later (copy cnclosal). A mutual agernxnt. signed and daetuttertted by both parties has nevtt happened At this point and time fln Lti~cry-other weekend schedule may be worked out ttutt will not coMia with Felir.Ll .. t Dylan's schedules Felicia and Dylan ttnut be raurned by 7:30pm Sunday on wxkrnd visits, if you worn I~ soot with Septanbcr these are the following data you would hnvc Felicia and Dylan until the end of this ywr. Sept 13 • :S; 27.29; Ott 11 - I?; 25.27; Nov8-10;22-24' 1~6-8:2u•z2 If I du not get n response thrn I will assturu; we arc goins with Option 712 stalest in your letter nddressal to nx. Thank you. ~~~~~ !o c upP 12-10-1GGG 11,7514 %fl!i 1504 ~`~ GQf IC 1' I NANCC ~~~~ .. ~ ~ ~~~ ...._..;~__- ~~.~~.~~ yam., ~~.- ~.~ ~ ~ ~. /solo ~. `1~~ ~.~ .D ~,~ ~~~-~~ ~~ .~ ~ ~~~~ ~~~ Corfitk, PA 17013 1;• ;;, ..~;~r,, '~. '~; :1 :~ .J ~~~~:i~ 1~ 11 i~hS~ ,•,. 1 li '••• 1 'A_ ~ e.... . _ . .. _ _._ P.OG ~ 130t tC I'IFl~1NC1 12-10-1DD6 llt5n 705 l,an 1 r . r h 1 I oleo wleh to tawlva Cte "' ~ Idlowlnp servlne (lor an .Cnmpra Mnr t Mda a la pblwW erMdr. .Cmplrearr+e.u.wab. e>nrolN): •PAreyW naeM ~eedrweme+enM..delN ymweul w. oan MUmlNe roeNa'e Addro.+ .M~tet Nlomrpdr Maedm. m~~pyd.amwwaew+a~M 1.~Add .W~'Arvn pw~a ppw.rdon the mrld.••~^~Vr anNe nurWr. 2.^ peeblded rol~WN G .11w aer~n neoeM wn rw to wtnm er .nw. nee awww w m. dre Canwll poabru i c ~~' ap, m or / ( dY ~ 3. Nude//A~~d~ds to: ^ ry "( ~OYTI'1r1Q. ~h4~ ~ 4b.8arvkaTYPe 'S~pard6ad ^~j ^ Repleleted / ' ~ 0*-1 ~rf`5 u ~'~ ^ ExPrNe MaU ^ Irwurod O ReermRealpltorMardtwlee 0 /~D 'p G'arl~S~R. ~ ~ )~bt3 7.DeuolDWlvary ~.9b K 5. RewNSd BY: (Print Nam+1 °' e~rfee k pek) race /Onry M IaOWllatl raUN 0/ 1 e X •.1. • I n pomeslic elurn Receipt ~~ . PS Form3B11~Dacambar799/ .. ~° P, OS ~.. . 12-10-IJ96 acs's 7a5 1504 I30rt(: PINnNCE ~ P.on ~~-:~~~-~ ~3i~ ~3~a~~1 .htly 2G, 199G tlrs. JoNtnc 7.epp Uhitc; I hove received your communicntfnn v1a a+]rphnne, tho 25th day oC ,Icily, concerning visitntion with ury son Aultun[ 2-4. lly previnuv enrcenpondence, (Article Number- P314133199), uddreascrl tha iaallQA, CPrICP.rnA, and nolutiuna to vnrioua visitntion nhatncles ue hove encrnnttercd, Includeed in that letter you will find n last of visitntion dates that. confirm AuRu9t 2-4 nn n ueakcnd visit with Itylan only. Transportation nrranpements were alan addrenn~d in that snmr letter, Perhaps further revJew of that letter will clear up any ronfuaion nQ u+ the nature of rry needs cmtcernlnR viaitotirnt of my children, Alterations to any of the items conccrninr viaiCntinn nddreaned in shat letter. _ , n ,r ,...~t.. ~I,rnnnh rortifinrl fnT'fPflOQIIS~~I+S~` be l'he only acceptahle form of contact. Any other form of concoct besiden written communication will he perceived as harassment and dealt with nccardinFly through legal channels. This is the second time 1 hove raqueated, in writing, that our communications be in uritinp,. Thsnk yar for your nttentinn and cooperation concerning, these matters. Sincerely,~'~ ,~~ Altred AJnn I] ~OOt 1C FINANCE • P.03 12-10-1flflG 11:5 7fl5 150 Felicia and Dylan's schedule 1, Wedlusday ni6lus arc available until 6:30 pm Felicia is not available July 24 & July 31 statdrtb Aug. 7th Fclle 25 fey ~ nolx nvnilab ctn8 proaiccr• G•6 pm Wodneaday. Dtx:ernber 2, Woekaldv, Friday after school to Sunday no lntcr than $ pm available darts to acconunodlltc un c~cry-otlser wedcmd areas follows: Felicia will have gamer and competitions on Saturdays antUor Sundays staving late August July 2G - 26 Dylan only Aug9•I1 Skip two weekends Labor Aay Holiday Aug 30 • Sept ll2 (two weekends In a row to Sept G • 6 make up the dltlerence) Sept 20.22 Oct4.7 Oct l6 - 2U Novl•3 Nov 15.17 Thanksgiving Holiday Nov 2R -Due: 1 Dtxl3-IS 3. Christmas holiday they will be available December 24th ,, S ~~ -~.. D~.-~~d.~-~, ~.~~rt~. zPP °C'"`'~ r Sari •~,~ ~a5 ~Itvet~d..n 12-1U-199G 111G3 7G7 l::U•1 r uorlc nrrnnrcc 7 • M' . _. ._.. r. o2 I . A ~ l eta wlln to roc/lvo Ino ~ .carwa+o:m.tawa~lawa~Mmw. fdlowln eeMae Toren •GmdM. h.rt+i, N. u++te. 0 •-AM WyyMOonNM /M ImMN on w nws+N M4 lam to uul w~. pn alum W ~ e+ue lee): •Np~mn~,W+ Axm 101M kM 011M malp40~, a e11 iM E.aM 11 lll~p Oaw MI 1. 0 AddroYN~e pddrou r •WM.•AMn111+e/{Y llpuwW'orl lh. m+IpW MIOw GN.eb~nun~D.6 2.0 RNttkt/d Delfnry ~ •11w 11MUm llealOl MI Ypw to wfpm IM vIW. w.l dMv.nO.nC lM ea. ~ ,>,~,e+, Con.uttpatrtteobrforlee, 7. d. Atldroe/etl lo: 4.. Anld UmWt `S?~r1r~2 Z ~,,~u`~2 3 5F/3 /~ O 1 / 4D. eM01 ypo / ~ (( (`~51!~ `t't ~,,,~ ^ a.p~aorod ~Gnfllod ~` ~ 11~~Q 1~~-{{J~~'1 ,.,1.1 ~ ~tProee Meil O InoufW .~ '~,f31~I~~e, 'P/ t 1 (L~J R'~NumPeoNplerAknitugw O CAD ~ 7. Del Ivf i b, poaN Bye (Pdnf N+rtN) B. Atltlr aee'e Addreea ( my I npue+rod 1_I i ~, +nd l+.ll p+W) Fp a. p r, eeorA0/ / X i .v '~ P9 Forth 8111 DoumM 108+ omeetic Retum ocelpt 4 ' /. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JOANNE 2EPP, Plaintiff v. ALFRED A. WHITE, II, Defendant ---------------------------- PRAECIPE FOR ENTRY OF APPEARANCE N0. 95=547 CIVIL TERM .CIVIL ACTION-LAW IN CUSTODY UW 0771CL5 O'BRIEn, BARK ar SCneRF.R 17 MIST 3011111 St H7.ff fiVU.ISLG. PU1f15YWAf11A 17013 FILF.D•0'rFlCE GP ib~,. ~.~;., ,-,~.i,~7A~1Y 97 FI'3 ?~i PH 2~ t15 L~YiJJ I~Lfi 1C~,f1 'i i 3 ~, 'j ',3 JOANNE ZEPP, Plaintitl' v. ALFRED A. WHITE, ll, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYLVANIA N0, 95-547 CIVIL TERM CIVIL ACTION - LAW . CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Alfred A. White, II, in the above- captioned matter, Respectfully submitted, O'BRIEN, BARK & SCHERER Michael A, Scherer, Esquire I.D. 61974 Date; Z'22'q~ 17 West South Street Carlisle, PA 17013 (717)249-6873 Attorney for Defendant ----.~ JOANNE ZEPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLANDCOUNTY, PENNSYLVANIA N0.95-547 CIVIL TERM v. , CIVIL ACTION - LAW ALFRED A. WHITE, II, CUSTODY Defendant , CERTIFICATE OF SERVICE I hereby certify that on February 24, 1996, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve the Praecipe for Entry of Appearance, by first class U.S, mail, postage prepaid, to the party listed below, as follows: Madeleine N, Baturin, Esquire Baturin & Baturin 717 North Second Street Harrisburg, Pennsylvania 17102 Michael A. Scherer, Esquire FEBRUARY 4, 1997 Alfred Alan White II 3 Woods Drive PA 17051 ;lechanicsburR, er•Dawn Sunday's recommendation Dear JoAnne, to inform you that,p I am writinK secured a counselor for February 2 , for counseling, I have Pursued and for tie counselor's services. Please ac- 199i, at 5:00 P•~t' charge ate your There will be no articipate• I anticlp knowledge, in writing, your intent to p attendance. your time. Thank You for Sin el ~ Alan / 'I r. ~ July 1, 1996 t'lrs. JoAnne Zepo White: +'cl ~ ~PJ I ~-{• ~ ~ ~ ~ ~~ ' DEFEI~DANTSi '~ The arrangement for visitation agreed anon by you, your attorney, and myself, in the presence of Dawn S. Sunday Esq., Conciliator, on the 7th day of March, 1995, at 39 !i. ~1ain St. :fechanicsburg, has. ....and is YOT, Droving to be a viable working solution to my visitation rights as a father. Consistent documented neRli.gence and blatant disregard on your part concerning my rights to see my children have made it necessary for me to protect these rights by pursuing other options through legal channels. It is my intent to see my children on a regular ongoing schedule consisting of weekly I,iednesday visits, and «eekend visits, every other weekend. This objective will be accomplished by one of two methods; OPTIOY1i 1- a mutual agreement, signed and documented by both parties. OPTIO\'rt 2- ?fodification of the existing Court Order. a listing of the dates that this arrangement will go into effect are as follows; Wednesday visits for Dylan will commence July 10, 1996. Sednesday visits for Felicia will commence July LO+Ii, 1996, and will recommence after camp, august i, 1996. *During the school year Felicia will ride the bus to her father's house after school- t a i nr ~ ~'.~ nr ~ gill t h M ~ ~ r ~:vuL:l. Wring he t.mm_ m r._., h_ _st:.e: p~ac ar cp az tuv :i,OCu2r'~ ai.u1'c55 at Gylan will be picked up by his father at Best Friends Daycare at 4:30pm. The children will be returned to the mother's address no later than 8:45pm. Weekend visits for Dylan will commence August Z-4, 1996. tdeekend visits for Felicia will commence august 16-1d, 1996. Transportation for weekend visits will be the same as wee!cday visits, the only variation will be the days that they will be picked up and returned; Friday nick-up, Sunday returned *Holiday visits can be discussed through written correspondence. I have contemplated having the children for Labor Day, Thankseiving, Christmas Eve Church Service, and half of Christmas Day. Once again, I am open to discussion on Holiday visitation as long as it Ls reasonable. To avoid further conflict and unnecessary contact please sign this document and return it to me via certified mail to acknowledge your agreement and intent to abide by the terms of this arrangement stated above. Thank you for your a~ttentio s tter~ Sincer~lv~~~~:%~ / I Joanne Zepp ;rhite acknowledge this arrangement for visitation and agree to abide by the terms of this arrangement as stated above. A, Alan {dhite II i ' ~' Data: ~... ~ r Sept. 9, 1996 .1rs. JoAnne Zepp Idhite; Thank you for aclmowledl;ing and responding co my letter doted July 1, 1996. I appreciate your willingness to rrcconunodate a mutual schedultrrr, effort concerning the children's time. As stated in tho Court Order those arrmrrvnu•nts ore to be made by both of us. The dates listed in your letter of Sept. b, 1996, are acceptable wr~rkend visit-. ation dates, as they coincide with the dates 1 listed for weekend visitntiorr in m~ letter of July 1, 1996. I would like to point out to you that nrithur you nor I have authorih• of our children anymore.........TtIE COUfT DOES. Thnt i~ the reality you have put them in. ` Aa far as the Court Urder is concerned both of u:' ore to agree to the children's schedule: You are not to make that alone, and the same goes for me. The sooner we start taorking together the easier it will be on the I;ids. They're watching both of us for an example, let's keep that in mind, shnll we7 Thanksgiving, Christmas Eve Church Service, half of Christmas Day, New Years Eve, and New Years Day have yet to be addressed. Thank's again for responding to mp concerns. Sincerely, /~ ~ ~ ''~ / •' Alfred Alan 1.•hite I: 'i1 ~~:~i~ ~.p.3~~ ~3Na~~( July '.'.6, 1996 tlrs. ,IoAnne Zepp llhite; I hnve received your rnmmunication vin tnleirhnne, the 25th dny of July, concerning visitntion with nn' son August 2-4. My previrnra cnrreapondence, Ur.ticle Number- P314133189), nddressed the issues, crnrcerns, and volutions to vnrioua visitntion obstacles we hnve enernmtered. Included in thnr letter yrnr will Ci.nd n list of visitntion dates thnt confirm August 2-4 ns n weekend visit with 1lylnn only. Transportation arrnngements were nlso nddresRcd in thnt some letter. Perlrops further review of thnt letter will clear up .~m~ rnnfusion nr; to the nature of rev needs rrnuerning visitntirnr nC my children. .Alterations Co any of the items concerning. visitation addressed in thnt letter may he considered for further nttention through certified correspondence. To avoid further contact and unnecessary conflict, written communication will be the only accep~9ble form of contact. Any other form of contact besides written communication will he perceived ns hnrassment and dnnlt with necordingly through legal-channels. This is the second time I have requested, in writing, that our communicnl•ions be in r,~riting. Thank you for your attention mul cooperation concerning these matters. Sincerel ^" Y+ / • / .• ij/ Alfred Alnn 1 life 1] G~ '~~ ar.~. nc, r~e.,t.~"~ .~r.G~ ~ 4v~ ~ ~~~ -~ ~~ ~-'J ec~n vct~,c.~,e,~ vim' yam``,, ~~,,'-~ l~~ 1 „~ ~/~c d~~l 'u~zC~ J ~' mr September 6, 1996 Mr. Alan White: I do not appreciate you picking Felicia and Dylan up without tnaking artangcmcnts with mc. As stated in the court papers I am the primary physical custodial parent and therePorc, l am responsible for their physical loct~~ ~ •• I understand you would like to sec Felicia and Dylan, and 1 would like to accommodate you. For tutu:c vial;:. please make coN"utmd arrangrntcntc with ntc. I would like to remind you there was neecr any agrectl upon schedule for Felicia and Dylan to visit with you ut than Wednesday evenings after school until 8:30pm It is my undcrswnding you did not Want to pick ~~iy weekends'until we went to court again, which was Option q2 on your letter (copy enclosed). A munwl a~•cement. signed and documented by both panics has never happrncci. At this point and time anevery-other weekend schedule may be worked out that will not conflict with Fv!h:ia . t Dylan's schedule. Felicia and Dylan must be rctumed by 7::,Opm Sunday on weekend ~7sits, If you want w smut with September these are the following dates you would hate Felicia and Dylan until the end of this year: 5~pt13-I5:37-19; Oct I 1 - I?;'_5 - 27; Nov8- 10:12-24• Dac6-8;10-='Z r] If I do not get a respoace then 1 will assume we arc going with Option rr1 swtcd in your letter addr~sscd to mc. Thank you. .C ~ ~ , ._...~~...,..i JoAnne Zepp Felicia and DvL1n's schodule 1, Wednesday nights arc available umil 8:30 pm Felicia is not available July 34 S July 31 starting Aug. 7th Felicia will be attrnding chcerleading practice 6.8 pm Wcdnaday, Dacrnbcr ~5 they will nor be available 2. Wtxkrnds. Friday after school to Sunday no later than 8 pm available data to accontnxxLtte an c~try-othx' wxkend arc as follouz: Felicia will have nmcs and cotnpttitiotu on Saturdays and~or Sundays starting late Au~uet Skip two weekends Labor Day HoOday (two weekends In a row to make up the difference) July 26 • .6 Dylan ottq• Aug9-ll Aug 30 -Sept If_' Sclrt 6 - S Sept ZO - 22 oaa-7 ot:c is-.o Novl-3 Nov 15.17 Thanltsghing Holiday Nov 2S • Dce I Dx13-IS 3. Chromes holiday thcv will be available Dacrttbtr ?4th i S -~-rorl '~'In-C_. ~~r1d;~~.l ~ T~f4nrtsz ~~ ~a~"`z .~ -~' cJaS ~Ir~et~ed. in P.er~~r(. ~~ ~ ~ '~s.~~~~ ~~~'~~ ~ `C ~ !5 ry ~ ~ }S ci Z '~ ~a .. ~ ~~ 4~ ~ a~w ~.~ ~~ r "'~ 9 ~I . ~ ~ YY~ _~ ~.~pCS.. a a '~ .. °~ .~' a~~'_~ ~, xx .a '~ ... 6 ~ ~ w ,• ~ ~ ~ gg z e as ~y 'a g. z ~.7~ 6 ~.e'e,~ ~ .~ ~.~ ~ r~y~ ~~~ ~9$( ~~. ~ ~~~• ~q ~~9pj ~~ ~~ ~ v~ 'tl N ~I ° ~7~3 ~.8 ~ ~~ `d au~~. ~ ~ ~. q~ C P~.`o a~.xo~w .« ... t...~...~.-. hy O q~ ~ ~ ~+ O ` fs ~ ° 4 h ~ 3~ wad ~ ~ do ~ ~W ao~~ Z h•~° a. ~ e'°~~ :• $ fY, h '~ ~ n Z $,~ ~p ~~ MII~~IIIa~~S~M~~~~ ~ ~ a w ~~.~-N ,~ Y ~~ p„ w c (7 .d z O _ b o _ a~ .a ~ ~ `o ~~~~.a y q q V •• t75 PG a •3~ ~ ~ fs. ._ w a ~. ~ e 9 ~ V Y 4 4 ~ ~ ~ ~ 4 M 1 ~ 3a ox s; .a ~ d6 b O ~~~ ~g, 1~ ~y ~~<V .~ fin" ' O ~ ~ tr rZ` •~ ~ ~ Fi ' . iS 0 .5 a a°' ~ ~ a a ,~ y,' .~ ~ N A~~ w~ V~ O w .!' INNCJZ-WORKS „- A Seminar For Youtll Only Imo) "In My B.E.S.T. Interest" r-Y Coping Skills fa• Children and Adolescents Caugld in 1%nnrlly Co11lllcl Couceru~~l your child will hecuure a casually? Tltero la rw doubt that youth sulfa in very aicaific wnya when they Arc exposed to fmuily conflict. A prodiclable amount of confusion, misperceptions, wIJ altxlaly ie ail IU Af180 wI1Cl1 fA-It1IICa BCpAfAlO Al1J COnf11Cl OCCUra. As a rosuh. our childrou )uc slresacd to aJapt told Arc rcquiroJ to Icanr now skills to face We many chat)ga9 that occomiw-y family SCI)ar)IllUll AIIJ CUiJI1CL '1'o mnko wultcre worse you Walrt to help but era stretched yourself and don't know where to turn. _ Try the "B.L.S.I'." Wnrks6ups! ', '1'I-esa mini-workal-ops Iuwgwrt-to education, art and play to'teach children, of vArio-rs ages, skills to aopc with fan-ily conllicls• '1'hesc workshops are ecludulcd with age-specific groups so Thal clJidrcn can bo given loots Ilwt malcl- tlrcir age related abilities: "In hiy ll.E.3:1'.Inlereal" n-ey be In your beat lulcrcall What Is B.)C,S.T.? "In My R.Ir.S.'1'. Interest" is dcsig--cJ to wnikyour child through Qro ma7u ol'wnfusion snd wnotions Ihal accon-pw-y conflict. ICt10wICJgO wld Coping tCChnIQUCa A[C taught Ll Iho fUIIOWiI-g AICA81 13 -chtg Aware (Idenf+!ying issues) E -mpali-y AnJ Lr--tolio-ts (Defining and Gvpressing /~eelings) S -kills auJ Slratcgiea (13u1/ding a Coping Toolbox) T -alklug n-tJ'I'clling (Openb)g Up and Sliaring) Your cbllJren will be on Wdr way to IhtJIng true relief auJ wmpctcnw when facing separation ;utJ wn(liall help Ua - llclp You and Your C611drenl Golfing Started! Each II.1;.3:1'. Worluhap is a four-week series with a 2 horn session each weak. We will luko A brtof hdako so wo eau mocl your alulJa specilia reeds and you can direct our work in your apccifia nrcas of couccn-. Patc--te wtJ hilereslcJ 1-;u11cs will be cucoruAged to attend We last horn of Utc 411- session la hear Jto childter- press-t whAt they have found lmportA-tt. A brief reception will follow so you can meet with the htslruclots regarding your cldlJa participation, '1'o register or for wore Inforwalion ca1171'/-2JG-2GIG. itagialrotion will bo IimitaJ. Call to elnrl the enraliwonl proces.~ Howl 4415 N. Irronl Slrccl • Ilnrrisburg, I'A 1711U • (717) 23G•GG3U • IrA;{ (717) 23G-GG77 f INNFJZ,WORKS O hI Your Way ? My Way ? ~ There's Help Finding A Way ! ri A Mediation Seminar to Help Pun Resolve Co-parenting Kassles 'flretl of llghling about the best Interest of your children ? While parenting is a challenge in the best of circumstances, separation and divorce often make it stem tike a hopclesa mess. Many separated parents fmd it hupossiblc to agree on how to handle issues related to their children. bt spite of Otc best of httcntions, the hassles of co-parenting seem to go on and on. You may have tries! to talk about the problems on yore own, but keep ending up in disagrcrntent or stalemate. To make matters worse, you know drat on-going tuvesolved wnllict is dnntaghtg to yore cltildn:n. You need to Ilnd a wav to end the hassles) What d0 y0u d0 nOW? Inorr ~Vorkv/I'ACES is o8`cting a seminar for separated parents who nre tired of f ghting about what is "best fur the children" turd want to sel0e Otese issues. Two experienced mctlialors will help you resolve the issues in a three hour seati:tnr thnt will combine mediation principles and group interaction. Under supervision, ,you will be invite) to work directly wish your cluld's other parent on issues that you want resolved. The seminar is designed to be practical. At n minlmum, you will be gelded to a specl[lc agreement an at least one lroubling Issue! More importantly, you trtill loam how to apply mediation principles to dill'erences which will undoubtedly arise in the future. The seminar is designed to be personal You will work on Issue that are important to you! In order to give you individual attention front experienced mediators, the seminar will be kept to n maximum number of couples. Interested In This Approach To Solutions ? Seminars will be on Saturday's from 2:00-S:Wpm beginning Dec, 7l6 To register or for more infomtation ra11717-236-2G1G Registration is limited so Call Now! 4~lIS N. I~ronl Slrrrl . Ilnrrisburg, I'A 1711U • (7I7) 23G-fi6JU . 101 (717) 236.6G77 ,~ i nai n N Or , Z W h a W 2 W ~~ ~ V m Z e n ~ E b ~ V.~ O D p p dS w HUB: +~ Hb U 2 Da. 1f1 N.p. W 3~~ LL= E.N. ~ ,Z W ~. H ~.nm H.. a ~ u. a ~ H u° w z°O h > a x a • .; ~1 f'lt'r='. JOANNE ZEI'P, ; IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND CUUN'fY, PENNSYLVANIA vs. NO. 95-547 CIVIL TERM ALFRED A. WHITE, I1, CIVIL ACTION -LAW Defendant CUSTODY FRE-TRIAL MEMORANDUM TO THE HONORABLE, THE JUDGE OF SAID COURT: AND NOW, this l5th day of February, 1997, the titllowing is suhmitted for the Custody I Hearing scheduled tin February 26, 1997, ut 1:30 p.m., in the Cumherland County Courthouse in connection with the above captioned matter: A, Plaintift7Respondent, natural mother's, Position on Custody It is the Plaintiff/Respondent/naturals mother's position that she maintain primary physical custody and have primary Icgal custody ot'said two minor children and that the ' Defendant/Pctitioner/natural father have limited and supervised visitation. The Plaintift"s primary concern is the safety and well hcing of her two children Felicia, age 13, and Dylan, age 5. Defendant showed limited to no signs of wanting to he a parent for the tint 6 yeah of Felicia's life and tin the past 2 years of Felicia and Dylan's lives. While the Plaintiff and :. 1:~ ~ ' DefenJant were Dating anJ During their short-live) marriage, the Ucfendunt was violent anD mentally anJ physically abusive towarJs the Plaintiff. He has Demonstrate) abusive anD neglectful hehavior towurJ the chilDrcn. Uel'endant has also DisplayeJ very uncontrollable unD ',~ irrational temper unJ behavioral problems for the post 13 years. for example, for yeah he woulD often Disappear fir up to several weeks at a time with out notice, contacting no one about his where about. Upon his return anJ During periods when he IiveD with the family, he woulD holler, yell, anD abuse the Plaintiff unJ chilDrcn. for the past several years, Defendant has _ IiveD with his parents who would watch saiD chilJren when he haD custody. Recently he haD a fight with his parents anD move) out of their home. The petitioner has no idea where he currently resides or with whom. d. Witness List anD anticipate) testimony: (I) JoAnne Zeon -Fact -She will testify to the irrational hehavior of the DefenJant and to the mental, verbal, anD physical abuse she has suffereD Jue to the DefenJant. She will further testify to the neglect anD abuse ~~f suit chilDren which they have suffereD Jue to the DefenJant's irresponsible anD irrational behavior. (2) mtuyli4jttllL'tsh -Duct -She will be tcstil'ying UI the Defendant's physical and mental abuse towards the mother, JoAnne 'Lepp and the children Felicia and Uylun, which she has witnessed and heard first-hand. (3) Peach Hafiold -Fact -She will testify to the instability and irrational behavior of the Uefendunt towards the mother, JoAnne 'Lepp, and their children Felicia and Dylan. (4) Felicia and Dylan White -Only if this Honorable Court wishes to speak privately to said children in chambers. Respectfully submitted, I3alurin 8c 13aturin adclainc N. Daturin Attorney LU. No. 68971 Attorney tier Plaintiff 717 North Second Street Harrisburg, PA 17102 (717)234-2427 JOANNE ZEPI', Plaintiff vs. ALFRED A. WHITE, II, Defendant IN 'fHE COURT' OF COMMON PLEAS Ur CUMI3ERLANU COUNTY, PENNSYLVANIA NO. 95-547 CIVIL'l'ERM CIVIL ACTION -LAW CUSTODY ~F.RTIFICATE OF SERVICE AND NOW, this 15th day of February, 1997, I Mudelaine N. [3aturin, Esquire hereby certify that I served a PRG 'TRIAL MEMORANDUM this day by depositing some in the United Swtes Muil, postage prepaid, in the post ol'lice ut Harrisburg, Pennsylvania, addressed as ti~llows: Alfred A. White, III 3 Woods Drive Mechanicsburg, PA 17055 Respectfully, DA'fURIN ~c 13ATURIN Mudelaine N. Raturin 717 North Second Street Harrisburg, 1'A 17102 (717) 234-2427 Attorney tier Plaintiff February I5, 1997 s ~ ~ ~ ~ ~ ~ s , a p y o ~. ;, .: y *. ;. ~. l pro z ~ r~~r~~ .~ JOANNE ZEPP, Plaintiff v. ALFRED A, WHITE, II, Defendant IN THE COURT OF COMMON PLEAS OF CUME3ERLAND COUNTY, PENNSYLVANIA N0, 95-547 CIVIL TERM CIVIL ACTION - LAW CUSTODY PRE-HEARING MEMORANDUM A. Father's Position on Custodv: The father's position on custody in this matter is accurately set forth in the Custody Conciliation Summary Report completed by Dawn S. Sunday, Esquire, the Custody Conciliator, which report is dated January 17, 1997. That report is attached to this Honorable Court's Order dated January 22, 1997. In summary, the prior custody arrangement, as established in this Court's previous Order dated March 16, 1995, provided father with "liberal and flexible" partial physical custody of the children as mutually agreed upon by the parties, This unstructured custody arrangement has proven to be unworkable between the parties in some instances and fire father desires a more definite schedule with the children. The fattier would be pleased with a final custody Order which contains tlrc same provisions as ttre Order dated January 22, 1997 under paragraphs two and three, along with an additional provision that the parties shall attend counseling in an effort to learn how better to communicate relative to this custody of their children. Father denies that he has exhibited any behaviors recently which would necessitntc this court limiting his time with his children or imposing a condition that father spend time with his children in a supervised setting, B. List of Witnesses and Anticipated Testimony: 1. Alfred White. II; The father will provide a background on the parties' relationship and will explain his diflicultics with the prior Order providing that he receive liberal and flexible partial custody of the children, Father will also explain Itis curcent living arrangement artd his employment situation, and he will describe the manner in which the curcent custody Order is being effectuated. Father will indicate that the parties had a child at a very young age, and that his relationship with the mother was difficult at times due to their young ages and many challenges. Father will further testify that he is no danger to the children now and that he treats them appropriately and responsibly. 2. Alan White and Donna White: The father's parents will indicate that, in their opinion, the father has shown a great deal of responsibility in his role as a father and that he is no danger to the children, They will also describe the manner in which they assist father in his partial custody of the children every other weekend, and they will describe their relationships with the children. 3, Jack Mitchell: He is a co-worker of the father and the father presently resides with him. He will explain father's work situation and will describe the father's living arrangements, 4. Brenda White: She is the father's sister, and she will testify regarding the father's interest and capabilities in being a good father. 5. Pastor Don Reese: He has provided spiritual counseling to the father and he will describe father's involvement in the church, 6. Felicia and Dvlnn: The father would like the court to speak with the children to gain the children's insights into this case. Respectfully submitted, O'BRIEN, BA[tIC & SCHERER Date: 2.22 y7 Michael A. Scherer, Esquire Attorney for Plaintiff' I.D, # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ^ ^ _ __--` .. IN THE COURT OF COMMON PLEAS OF JOANNE ZEPP, CUMBERLANDCOUNTY,PENNSyLVANIA Plaintiff ' N0.95-547 CIVIL TERM v. CIVIL ACT10N -LAW CUSTODY ALFRED A. WHITE, ll, Defendant rco'rirt(`ATE OF SERVICE certify that on February 24, 1996, I, Michael A. Scherer, Esquire, of I hereby O'Brien, Baric & Scherer, did serve the Pre-Hearing Memorandum, by first class U.S. mail, postage Prepaid, to the party listed below, as follows: Madelaine N. Baturin, Esquire Baturin & Baturin 717 NonPennsyl an ar 17102 Harrisburb, Michae A. Scherer, Esquire :. JOANNE ZEPP, PLAINTIFF V. ALFRED A. WHITE, JI, DEFENDANT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95.0547 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of March, 1997, following a hearing on the merits, IT IS ORDERED: (1) The court's custody order of March 18, 1995, and the temporary custody order of January 22, 1997, are vacated and replaced with this order. (2) Primary physical custody of Felicia N. Zepp, bom April 25, 1983 and Dylan 8. Zepp, born January e, 1992, is awarded to their mother Joanne Zepp. (3) Except as specifically provided during the periods set forth in paragraphs 4 and 5, the father, Alfred A. White, Ii, shall have temporary physical custody of Felicia and Dylan as follows: A. On alternate weekends from Friday after school until Sunday evening at 7;30 p.m. B. Every Wednesday evening from after schooi until 8:30 p.m. (4) The father shall have temporary physical custody of the children; A. During each Christmas school vacation period, (1) from 9;00 a.m. on December 28 through 5:00 p.m. on January 1, and (2) on Christmas day from 4;00 p.m. until 8;30 p.m. B. During each summer school vacation period for one full week in July and one full week in August, not to be consecutive, with the week in August ending at least one full week before the children return to school. The father shall notify the mother in writing not later than June 15 of each year of the two non-consecutive weeks of temporary physical custody that he will exercise in July and August of that year. (5) The mother and father shall alternate their times with Felicia and Dylan on holidays as follows; A. Easter and sorin4 break - In odd numbered years, the mother shall have the children on Easter and over the school spring break with the exception that the father shall have them from 6;00 p.m. on the Thursday before Easter until Good Friday at 7:30 p.m. In even numbered years, the father shall have the children on Easter and over the spring break. B. Thanksalvino -The Thanksgiving holiday shall begin at 6:00 p.m. on the Wednesday before Thanksgiving and end on the Monday following Thanksgiving at 6:00 p.m. The father shall have the children over the Thanksgiving holiday in odd numbered years and the mother shall have them over the Thanksgiving holiday in even numbered years. C. Memorial Day/Labor Dav -The Memorial Day and Labor Day holidays shall begin on the Friday before the holiday at 6:00 p.m. and end on the holiday at 7:30 p.m. The father shall have the children on Memorial Day in odd numbered years and Labor Day in even numbered •2- years, The mother shall have them on Memorial Day In even numbered years and Labor Day in odd numbered years. D, Jul 4t -The father shall have the children on Juiy 4th in odd numbered years from 9;00 a.m. until 7:30 p.m. and the mother shall have them on July 4th In even numbered years. ey the Coyfl;,~ Madelaine Baturin, Esquire For Plaintiff Michael Scherer, Esquire For Defendant :saa --~.., a .i' . Edgar 8, Bayley, J. -3- ~i ~ .i .. . , .,. .:,.._. _~, ~ ... ..,J ..~ ~. . ,, ..~ 10ANNE ZGPP t IN'I'1IL' COURT OI~ COMMON PLIiAS OIL I'LAIN7'IfF CUM131:RI.AND COUN'1'Y,1'IiNNSYI.VANIA V. ALPRGD A. WHITG,11 DCFGNDAN'1' 95.547 CIVII. AC'T'ION LA1V IN CUS'T'ODY ORDER OF COURT AND NOW, Tuesday, September o4, 2001 ,upon amsidcration of the uttacheJ Complaint, it is hereby directed That parties and their respective counsel appear bcl'orc Datvn S. Sunday, Esq. ,the conciliator, al 39 West Dlaln Street, Atecl:anlcsburg, PA 17055 on Thursday, September 13, 2001 at 12:30 a.m. for a Prc-I Icaring Custody Confcrcncc. At such conlcrencc, un 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 n temporary order. All children ogc five or older may also be present at the conference. Failure to appear at the conference may provide grounds far entry of a temporary or pctntancnt order. The court hereby directs the parties to furnish nny and all eslsting 1'rotecllon from Abuse orders, Special Rclicf orders, and Custody orders to the conciliator 4N hours prGtr to scheduled hearing. I~OR'1'l ili COUR'T'. I3y: /s/ Drrwtt S. Statday,_Esr/•~ Custody Conciliulor The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disobilitcs Act of 1990. For information about accessible facilities and reasonable accommodations availabic to disabled individuals Roving business before the court, please contact our oflicc. All airangentcnts must be mode at Icast 72 hours prior to nny hearing or business before the court. You must attend the scheduled contercncc or hearing. 1'OU SIIOUI.D'1'AKIi'I'11151'AI'lilt'I'O POUR A'I'1'ORNIiI' A'f ONCB. Ii~ YOU DO NOT IIAVG AN A'I'I'ORNIil' OR CANNO'T' Ai~i'ORU ONIi, GO'f0 OR'I'I:LI:PIIONIi •rnr: orFlce Sli'f I~OR'fli 13GLOW'I'O FIND OUT WI11'sRG 1'OU CAN Gli'I' LGGAI. I II:LP. Cuntbcrlnnd County 13ur Association ? i.ibcrly Avcnuc Carlisle, Pennsylvania 17013 'I'clcphone (717) 249.31GG i; .r c,.-, ,. i i' ~,~ ;1 r~ 9• Via/ ~• crvp~ M~ 7 ~~ ~~ .~ . '.; ', ,_ .~ ~, ~' .. ~; `i .. ~ ~ i ~,, '• ~; ~ -_~) 1I 1. `. i ('; /~ nlltl 1 aIL `_i C~ i.' i m a ~ ~ W Y' rc Q Y W ~: ~ b ¢ ~ W 0 1 W m < (~ e bo ' ~~ a E O °a umi UI N K W ~ Z Q Q ~. r . ~`~ ~~ /) JOANNE 7.EPP, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.95-0547 CIVIL TERM ALFRED A. WHITE, II :CIVIL ACTION -LAW DefendanUPetitiancr :CUSTODY ORDER OF COURT AND NOW , ,upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the _ day of , 2001, at m., for aPre-Hearing Custody Confcrcnce. 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 presettt nt Iltc conference. Failure to appear at the conference may provide grounds for entry of u temporary or permanent order. FOR THE COURT', By; Custody Conclliator The Court of Common Pleas of Cumberland County, is required by Inw In coat tly with the Americans with Disabilities Act of 1990. For mforntalion about ncccssl~tlu facilities and reasonable accommodations available to disabled individuals lutving business before the court, please contact our offices All urrungmnenls must be nmde at (cast 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A'I' ONCI?. II' YQU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO'I'0 Olt'i'1?I.I?i'I IONI: THE OFFICE SET FORTH BELOW TO FIND OUT WtIEItE YUU CAN GII' I.IiGAI. HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PENNSYLVANIA 1701) 717 249-31GG 1-800-990-9108 JOANNE ZEPP, PlainHCf/Respondent, vs. ALFRED A. WHITE, II Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.95-0547 CIVIL TERM CIVIL ACTION -LAW CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Petitioner, Alfred A. White,ll, by his attorney, Diane S. Baker, Esquire, and files this Petition to Modify Custody, based upon the following: 1. Petitioner, Alfred A. White. II, is an adult individual residing at 5022 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, JoAnne Zepp, is an adult individual residing at 7007 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. Respondent was represented in prior proceedings by Madeleine Baturin, Esquire. 3. Petitioner seeks shared physical custody of Dylan B. Zepp, born January 8, 1992, age 9. The child was bomout-of-wedlock. 4. Petitioner is the natural father of the minor child. He is divorced and resides alone. 5. Respondent is the natural mother of the minor child. She is divorced and resides with the minor child Dylan, and her adult daughter, Felicia Zepp. G. For the past five years, the child has resided primarily with the following persons and at the following addresses: 1/95 to S/97 JoAnne and Felicia Zepp G/97 to 8/97 JoAnne and Felicia Zepp Ron and Peach Harbold 8/97 to 9/97 JoAnne and Felicia Zepp Alfred, Donna and Brenda White 9/97 to present JoAnne and Felicia Zepp 1129 Harrisburg Pike Carlisle, Pennsylvania G820 Spring Road Shcrmansdalc, PA 3 Woods Drive Mechanicsburg, PA 7007 Salem Park Dr. Mechanicsburg, PA 7. The .current custody order, dated March 24, 1997, and signed by the Honorable Edgar B. Bayley aRer a hearing on the merits, provides that primary physical custody is with Mother and Father has partial physical custody to include alternate weekends, Wednesday evenings, and shared holidays and vacation time 8. At the time of the custody hearing Petitioner sought only partial physical custody rights, which were granted. Petitioner now behoves that the best interests and welfare ofthe child would best be served by a shared physical custody schedule. 9. Petitioner does not know of a person not a party to the proceedings who has physical custody of flit child or claims to have custody or visitation rights with respect to the child. 10. 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, Petitioner respectfully requests Your Honorable Court grant him shared legal and physical custody of the minor child Dylan Zepp. DATE: ~f%G/~~ Respectfully submitted, ~~ ~' .i, ... ' e .Baker, Esquire Supreme Court ID 1153200 27 South Arlene Street Post Office Box G443 Harrisburg, PA 17112-0443 (717)671-9G00 i^ JOANNE ZEPP, Plnintiff/Respondent, vs. ALFRED A. WHITE, I[ Defendant/Petitioncr : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.95-0547 CIVIL TERM : CIVIL ACTION -LAW CUSTODY VERIFICATION 1 verify that the statements made in this Petition arc true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relnting to unsworn falsification to authorities. ALFRED A. WHITE, II CERTIFICATE OF SERVICE !hereby certify that on this (day of August, 2001, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Mndelnine Baturin, Esquire 717 North Second Street Harrisburg, PA 17102 Respectfully submitted, ~~, C C ~ it ~ ~~ Diane S. Bnker • Supreme Court ID k53200 27 South Arlene Street • P.O. Box G443 Harrisburg, PA 17l 12-0443 • (717) G71-9600 ~ ~ N y.~ L ry ~ p B ~ O ~ ~y Q P . ~d p NS ~'i ~ ~~ a ~ +~ ~ o.~p U z H ~ ~ ~ ~ M ~~ ^ 7 ,, . ~. ~ . .~ , ,r .,; JUN r) 7 ~On7 . ' ` ,. JOANNE ZEPP, 1N THE COURT OC COMMON PLEAS OP Plaintiff CUMDERLAND COUNTY, PENNSYLVANIA vs. : 95-547 CIVIL ACTION LAW AL['RED A. WHITE, II, Defendant IN CUSTODY ORDER OR COURT AND NOW, this ~~ day of J~J ~^~ 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows; 1. The prior Order of this Court dated October 22, 2001 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of counseling with Deborah L. Salem, MHS, CAS, or other professional selected by agreement of the parties and counsel. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent tltcir Cltild. The parties shall attend a minimum of 4 joint sessions with the counselor and thereafter shall follow the counselor's recommendations with regard to the frequency and duration of counseling. All costs of counseling shall be shared equally by the parties. 3. The parties shall share having legal custody of Dylan B. Zepp, born January 8, 1992. The parties agree that major decisions concerning their Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, aRer discussion and consultation with caclt otltcr, with a view toward obtaining and following a harmonious policy in the Child's best interest. Eacft party agrees not to impair the other party's rights to shared legal custody of the Child. Each party agrees not to attempt to alienate the affections of tltc Child from the other party. Eaclt party shall notify the other of any activity or circumstance concerning tltcir Child that could reasonably be expected to be of conecm to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full infornutlion from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as n parent 4. Paragraph 9 of the October 22, 2001 Order is replaced with the following provision: In the event either party is unavailable to provide cart for the Child fora 5 hour period or longer during his or Itcr periods of custody, that party shall first contact tltc otltcr party to offer the opportunity to provide the care before contacting third party caregivers. The parties agree that this provision shall not apply when a party is making an•nngcmcnts for the Child to visit rclativcs when that parent is othcnvise available, Tlu Motlicr agrees to notify the Father in the event she makes arrangements for the Child to visit the Father's rclativcs, 5. The Mother shall be entitled to have 2 uninterrupted weeks of custody (without Wednesday evening periods of partial custody) with the Child each year upon providing at least 30 days advance notice to the Father. 6. On non•major school holidays and in-service days, the Mother shall have custody of the Child either in the event the Mother is not working or in the event both parties arc working. The Father shall have custody of the Child on non-major school holidays and in-service days when the Mother is working and the Father is off work, 7. Neither party shall assume that an E-Mail communication has been received by the other party unless the sending party receives confirmation of receipt from the other party, 8. This Order is entered pursuant to an agreement of the parties at n Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ~, BY THE COURT, :/ EdgarB: Bayley, t. J. cc: Monica E. Bnturin, Esquire -Counsel far Motlicr ~ «~ n~u~-~ ~ . ~~, oy Diane S, Baker, Esquire -Counsel for Father /° n 7"' ~,;•;:'r;v;;~~u~:~„ ,U.,:(t;.,'~ ...,, ,,~n~ ys :~; ~-~a o i inr zo __ ~, :, I JOANNE ZEPP, Plaintiff vs. ALFRED A. WHITE, II, Defendant PRIOR JUDGE: Edgar B. Bayley : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE NITII CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan B. Zepp January 8, 1992 Mother 2. A Conciliation Conference was held on June 4, 2002, with the following individuals in attendance: The Mother, Joanne Zcpp, with her counsel, Monica G Baturin, Esquire and the Father, Alfred A. White,ll, with his counsel, Diane S. Baker, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Dale ' Dawn S. Sunday, Esquire Custody Conciliator ^' 4r JUL 18 2006 JOANNE NELSON ; IN'I'1IE COURT Of COMMON PLEAS (formerly Jo AnncLcpp) CUMRCRLAND COUN'CY, PENNSYLVANIA Plnintiff/Rcspondcnt . V. : N0.95-547 CIVIL TERM AL~RGD A. WFIITE, li ;CIVIL ACTION -AT LAW Defendnnt/Petitioner M CUSTODY ~ ORDER AND NOW, this ?~ day of ~, 2006, it Is ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Ord of Court. BY THE o~ ~~ o`` __.--, ,- :., ~' --~ ,, _ ... ~:, ~,, ~,_ -: ~~ ~~~ __'~~, . , ,,,,` JO ANNE NELSON : IN 'f! IL' COURT OP COMMON PLEAS (formcrly.lo Annc Zepp) : CUMDI'sRLAND COUNTY, PENNSYLVANIA Plnintiff/Respondent . V• N0.95-547 CIVIL TERM ALFRED A. WHITE, 1I :CIVIL ACTION - AT LAW DefendanUPetitioner IN CUSTODY STIPULATION This Stipulation is made this 12th day of July, 2006, by and between Jo Annc Nelson, formerly Jo Annc Zepp (hereafter "Mather") and Alfred A. White, II (hereafter "Father"); WITNESSETH: WHEREAS, Petitioner, Alfred A. White,ll, filed a Petition for Special Relief on June 29, 2006, which Petition is scheduled for hearing before the Honorable President Judge Edgar d. Bayley on July 13 ,2006, at 2;30 p,m.; and WHEREAS, the parties have mutually agreed to resolve the issues contained in said Petition and further desire to avoid the necessity of litigation. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hcreinnftcr set forth, Mother and Father, each intending to be legally bound hereby, agree ns follows: .. ,r +' at 8:00 a.m., at which time the ~ • .• qs of this Stipulation shall be B. Zepp, hill will be returned to Mother. 1 • pother shall maintain physical custody of the parties' minor child, Dylan 1 ~, 2006, through July 31, 2006, bom January 8,1992, for the period from July 2. The parties agree that the terms and prowsio ~~ entered as an Order of Court. Jo Anne Z. Nelson Alfred A. White, 11 ~~ Hess s I ~g~ i~n,~° ~ P DFF~6 ~~~,y~°'b 6 C oY8 ;, , „ , JOANNE ZEPP, Plaintill' vs. ALFRED A. WFIITE, II, Defendant G~3~'~~y 'fFIL' COURT 01~ COMMON PLL•AS OF CUMBERLAND COUN'CY, PENNSYLVANIA No. 95-547 cIVIL ncr10N - A'r Lnw CUSTODY ORDER OF COURT AND NOW this ~ day of , 2006, upon consideration of DEPENDANT'S PETITION FOR SPECIAL RELIEF I'OR MODII~ICA'I'ION OI~ CUS'CODY SCHEDULE, a Rule is hereby issued on the Plaintifl'to show cause why the requested reliet'should not be granted. Rule retumablc at a hearing to take place in Courtroom No. 2 of the Cumberland County Courthouse on the i ~' dny of ~Q~-~, 200E nt '~ 3 0 .m.. DY TI-IE COUR 1-lon. Edgar [3. l3a ~~ ~O~ ~~ :a . ~, ~ 't= ~; ,:~` ~. ~_ ~= ,,.. ,,. ~n ,,~;: ~ ;,~: , lV~ :-~ - li.~'~1"", ~ '~ ~C~.~ `~'.! C.~ D A ~ ~ ~~ JOANNELEI'P, ; '1'1-16 COURT' OP COMMON PLI'sAS OF I'IuintifT : CUMDEI2LAND COUN'I'Y,1'GNNSYI.VANIA vs. : No. 95-547 ALFRED A. WFIITG,11, :CIVIL ACTION - AT LAW Defendant :CUSTODY ORDF,R OF COURT AND NOW this day of 2006, upon consideration of DEPENDANT'S PETITION POR SPECIAL RELIEF POR MODIFICATION OF CUSTODY SCHEDULE, it is hereby Ordered that paragraph 3 of this court's prior order doted January 9, 2004 is modified as follows: 3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week an Monday ut 8;00 n.m, beginning with Father having custody on Monday, July 17, 2006 ut 8:00 u.m. All remaining provisions of this court's order doted January 9, 2004 shall remain in full force and effect. DY TI (E COURT: 1-Ion. Edgar E3. Duylcy ', , 1 . ~ ~ JOANNE %EPI', PlAinlllT TFIG COURT OI' COMMONJ'LL'AS Of : CUMDERLAND COUN"1'Y, I'GNNSYLVANIA ~S. ALFRED A. WI-IITG, Il, Defendant No. 9s-s4~ CIVIL ACTION - A'I' LAW CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF FOR MODIFICATION OF CUSTODY SCHEDULE AND NOW, the Defendant, Alfred A. White, 11, by and through his Attorney, JCAnn~ I3. Costopoulos, 8syuirc, avers the following in support of this Petition: 1. Petitioner, Allred A. White, 11, is Dcl'endant above and hereinatier referred to As PAthcr. 2. Respondent, JoanneLepp, is Plaintiff above and hereinafter relcrred to as Mother. 3. The parties arc divorced from each other. 'there is one dependent child from the relationship of Mother and [~uthcr, namely Dylan E3. Zcpp, bom January 8, 1992, hcrcinaQer referred to as the child. 4. The parties have previously been im~olvcd in litigation concerning the child in this court at the Above docket number. 'I'hc most rceent order dated January 9, 2004 was entered pursuant to an agreement bchvccn the parties and has been attached as Exhibit A. s, Pother tiled a Petition to Modify Custody on May 9, 2005 in which he sought primary physical ol'thc child. The averments contained therein Arc incorporated Itercin by reference as though fully set forth. 6. The parties attended a conciliation contcrence bcliin: Dawn S. Sunday, Esquire, on June 3, 2006 and u stipulated order was entered on June 13, 2005 in which the parties were ordered to have the child counseled by Deb Snlem. Purlhennore, the parties were ordered to submit to a supplemental custody evaluation by Dr. Amold Shicnvold. Said Order is attached hereto as Exhibit [3, 7. Deb Salem submitted her report on July 21, 2005. Said report is attached as Exhibit C. 8. Dr. Shicnvold submitted his re-evaluation on March 27, 2006. Said rc-evaluation is attached as Exhibit D. 9. Upon receipt of the rc-evaluation, the parties, through counsel, begun negotiations of a revised custody order containing a shared custody arrangement, ns per Dr. Shienvold's recommendation's. 10, Throughout the negotiations, the parties consistently agreed that aweek-on/week-olT schedule would be implemented beginning either with Mother obtaining the child on June 12, 2006 at 8:00 a.m. 11. The parties were unable to reach u comprehensive settlement of the case because they disagreed on such issues as who can claim the child for tax purposes (Father suggested alternating years and Mother wanted to claim the child every year), whether to remove paragraph 7 of the Junc 12, 2006 Order leaving the child with third panics instead of a parent lirr extended time periods (Mother wonted this Iefl out), whether or not to maintain the child's uddrcss for health insurance purposes as Mother's even it' Mother no longer covered the child on her insur,~nce and I~uthcr curried insurance on the child (A9othcr insisted her uddrcss be primary regardless of r~ who carcied the insurance), and whether or not to remove certain portions of pamgrnph 8 of the June 9, 2004 Order prohibiting Mother's then boyfriend (now husband) liom becoming actively im~olved in extmcurcicular activities in which Father is involved with the child us a coach, assistance coach, or co-participant in activities (Father still secs a need for this provision). 12. In all of the "back and forth" of the negotiations, Mother never raised the issue that she did not want to begin the custody schedule with her having the child nn June 12, 2006 ut 8:00 a.m. 13. Relying on the June 12, 2006 start date of the week on/wcek off schedule that the parties mutually accepted as evidenced by its consistent inclusion in the proposals of both parties, Father made important plans involving the child for the weeks beginning both July 17, 3006 and July 31, 2006. 14. Father is scheduled to be married in Liglttstreet,l'ennsylvanin an July 22, 2006. Fle planned for the child to participate in all pre-wedding activities ns well as participate in the very significant role us best man at the wedding. 1 S. Funhertnore, Pother planned for the child to spend the week of July 31, 2006 with the child's paternal grandparents while he was on his honeymoon. IG. The child is greatly looking fonvurd to both attending the wedding and spending n week with his patemul grandparents the week beginning July 31, 2006. 17. It wasn't until Mother discovered Father's wedding plans that on June 28, 2006 she for the lust time raised the issue that she did not agree to begin the schedule on a date that would result in Fnther having custody tier both ol'thc weeks for which he had made plans. WFIERGpORG Pather rcspcetfully requests the court to rc-start the summer schedule such that the pnrties share week-on/week oIT custody of the child beginning with Pathcr having custody of the child on July 17, 200G at 8:00 a.m. and ultemuting weeks thercaller. RESPGC'f1~ULLY SUBMITCGD: DATE: ~ ~p ~~-' I3Y• JCannl [3. Costopoulos, Gsquiro A'I'TORNL'Y POR 1'LAINTIPP 3803 Gettysburg Road Camp Hill, PA 17011 I'Itonc: (717) 920-2500 PA Supreme CL ID No. G8735 ,, ,, , JOANNE ZEPI', Plaintiff vs. ALFRED A. WIIITE,11, Defendant : 'I'1 IG COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA No. 95-547 CIVIL ACTION - AT LAW : CUSTODY ATTORNEY VITRIFICATION Undersigned counsel, Jeanne R. Costopoulos, Esquire, hereby verifies and states that: 1. Shc is the attorney of record for Alfred A. White, II, Defendant. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing motion arc known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion arc true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein arc made subject to the penalties of 18 ' Pa.C.S. 4904 relating to unsworn falsification to authorities. ' BY: '" Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone; (717) 920-2500 ~~ ~~~ PA Supreme Ct. ID No. G8735 DATE: Y' `I I I ~ .__ _ ~,..._ ....r -.. ~. ~~ ~~ JOANNE ZEI'1', : '1'111: COURT OI~ COMMON PLEAS OF PluintifT ; CUMDBRLANU COUNTY, PL'•NNSYLVANIA vs. : No. 95-547 ALFRED A. WE117'E, II, ;CIVIL ACTION - A'C LAW Defendant :CUSTODY CERTIFICATE OF SERVICE I, Jeann6 [3. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the rcquimments of the PA Rules of Civil Procedure, by depositing n copy of the same with the United States Post Office at Camp Flill, Pennsylvania, through first class mail, prepaid, and addmsscd as follows: Charlie Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 1701 I-6912 ,,.~-- DATE: `'~ ~ Y' " ~ JCAnnI l3. Costopoulos, Esquim A'C7'ORNEY POR PLAINTIFF 3803 Gettysburg Roud Camp 1-lilt, ['A 17011 Phone: (717) 920-2500 PA 5upremc Ct. ID No. 68735 ~ 1 1 EXHIBIT A „ .,.. . OEC~31n2003\~~j' ~~ `vJ UJ U JOANNE ZGPP, Plaintiff IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, ALFRED A. WHITE, II Defendant 95-547 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, this gTh day of ?004, upon consideration of the attached Custody Conciliation Report, it is order and direclcd as follows: 1. The prior Orders of this Court dated April 28, 2003, June 1 , 2002 and October 22, 2001 are vacated and replaced with this Order. 2. The Mother, Joanna Zepp, and the Falhcr, Alfred A. White II ,shall have shared legal custody of Dylan B. Zepp, bom January 8, 1992. The parties agree tltut major decisions concerning the child including, but not limited to, tltc Child's, health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion attd consultation with each outer, with a view toward obtaining and following u harmonious policy in the Child's best interest. Euch party shall notify the outer of any activity or circumstance concerning tltc Cltild that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which will be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any necessary immediate decisions. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Euch party shall be entitled to complete information from any doctor, dentist, teacher, professional or any authority concerning the Child and to have copies of any reports given to either puny us u purest. 3. The parties shall hpve physical custody of the Child in accordance with the following schedule; A. During the school year, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody ott altcntatittg weekends from Friday immediately after school through Monday before school. ht addition, the Father shall have custody of the Child every week from Wednesday intmediutely after school througtt'fltursdayrnorning before school. For exchanges of custody under this paragraph, the Cltild shall ride the bus to and from the Father's residence before and after school. . . B. During the summer school break each year, the parties shall share having physical custody of the Child on an altemating weekly basis with the exchange to take place each week on Monday at 8;00 nm. The summer schedule shall begin with the Father having custody of the Child on the first Monday after the end of the school year. The school year custody schedule shall resume one full week prior to commencement of the school year with the Mother having primary custody and the Father having periods of partial custody. 'fhc altemating weekend schedule shall begin with the Father having custody of the Child on the first weekend following the beginning of the school year. 4. The parties shall share staving custody of the Cltild on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Sebmtent A, which shall run from immediately alter the end of school before the holiday break through Christmas Day al G:00 pm and Segment B, which shall run from Christmas Day at 6:00 pm through New Years Day at o;00 pm. In odd numbered years, the Father shall have custody of the Child during Segntcnt A and the Mother shall have custody during Segment B, in even numbered years the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. EASTER: The Easter holiday period of custody shall begin immediately alter school ends before the holiday break tltrouglt the beginning of school otter the holiday. The Father shall have custody of the Child over the Easter holiday in even numbered years and the Mother shall have custody in odd numbered years. C. MEMORIAL DAY /LABOR DAY: In every year, the Mother shall have custody of the Child for the entire A4cmorial Day weekend from Friday immediately after school through Tuesday morning beforo school. ht every year, the Father shall have custody of the Child for the entire Labor Day weekend From Friday immediately after school through Tuesday before school D. JULY 4 t tt; The Independence Day holiday shall run from July 3`~ at 6:00 pm through July 5'h at 8;00 am. The Mother shall have custody of the Child over the Independence Day holiday in even numbered years and the Father shall havo custody in odd numbered years. E. TI-IANKSGNING: The Thanlsgiving holiday shall run from immediately after school on the Wednesday beforo T}tnnksgiving through the following Tuesday morning before school. Tho Mother shall have custody of the Child over Thanksgiving in even numbered years and t}te Father shall have custody in odd numbered years. F. )\40THER'S DAY /FATHER'S DAY; The holiday period of custody shall begin immediately after school on Friday (or at 4:00 pm if there is no school) and end beforo school on tfte following Monday (or at 8:00 ant if there is no school). The Mother shall have custody of the Child every year on Mother's Day weekend and the Father shall have custody of the Child every year on Father's Day weekend. G. HUNTING SEASON: The Father shall hove custody of the Child in order to take lho Child hunting on rho first day of archery sensor each year froth 7:00 pm on the night before through 7:00 pm on the hwriing day. In addition, during the Mother's periods of Thanksgiving holiday custody, the Father shall have the opportunity to take the Child hunting on the first day of rillo hunting season from 8:00 pm on the Sunday aQer Thanksgiving through Monday at G:00 pm. This provision regarding hunting shall not apply if the Mosher takes the Child out of town to visit relatives or for vacation over the Monday following Thanksgiving in oven numbered years. H. OTHER MONDAY HOLIDAYS / INSERVICE DAYS: Tho parent who itas custody of the Child under rho regular altcmnting weekend schedule shall retain custody of the Child tiuouglt the Monday school holidays or in-servico days (until Tuesday morning before school) following that parent's weekend. I. The holiday custody schedule shall superccdc and take precedence over the regular custody schedule. 5. Subject to the provisions of paragraph G of this Order, all exchanges of custody on school days shall take place with the Child riding the bus to and from the Father's residence. Unless otherwise agroed bohveen the parties, tltc Father shall provide all transportation for exchangos of custody which do not take place on school Jays. 6. The Father shall ensure that the Child complotcs all homework assignments which are due the following day during the Father's periods of custody on days preceding school days. In lho overt rho Cltild fails to complete homework assignments during rho Father's periods of custody as spocified in this provision on at least hvo occasions, the Mother's counsel may contact the custody conciliator to schedule a telephone conferenco. Tho parties agree that the partial custody schedulo shall be adjusted to enable the Cltild to complete Itontework assignments at the Mother's residence prior to periods of custody in Iho event of the Father's failure to comply with this provision absent extenuating circumstances beyond ltis control. 7. ]n the event the Child is absent from school due to illness and rho custodial parent is unavailable to provide cart for the Child, the other parent shall be given the opportunity to provide care for the Child during the other parent's unavailability. 8. The parties shall cooperate with each outer in discussing and selecting the activities in which rho Child will be involved. Tho Father shall be given the first opportunity to be involvod with the Child us a conch, assistant coach or co-participant in activities, In the event the Father is involved in this capacity, the Mother's friend, Kevin Nelson, shall not become activoly involved in the activity. however, if the Father is not interested in such Involvement, then Kovin Nelson shall have rho same opportunity for participation as coach, assistant or co-participant. Tho Father shall take the Child to his judo activity during the Father's altentating weekend periods of custody and the parties shall ensure that observationor participation in this activity is restricted to parents only during that hme. 9. The parties shall ensure that appropriate clouting for the Child is exchanged and returned in a civil and cooperative manner to avoid conflict or embarrassmont to the Child. 10, In the event eititcr party is unavailable to provide care for tltc Citild for n five (tour period or longer during his or her period of custody, that party shall first contact the other party to offer the opportunity to provide the cure before contacting third party caregivers. The parties agree that this provision should not apply when a party is making arrangements for the Citild to visit relatives wizen that parent is otherwise available. The Motltcr agrees to notify the Father in the event site makes arrangements for the Child to visit the Father's relatives. 11. Neither party shall assume that an email communication has been received by the other party unless the sending party receives confirmation of receipt from the other party. 12. In the event either party intends to relocate his or her residence outside the school district in which the Child is enrolled, that party shall provide at least sixty days advance notice to the other party to enable the parties to make necessary changes to the custody arrangements either through agreement or tluouglt lire legal process. 13. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during his or her periods of custody. The parties shall ensure that third parties having contact with the Child comply with this provision. 1 Q. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the Gee and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 15, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation i Conference. Tltc parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control i BY THE COURT, SI . ~,p'1 Edgar B. Bayley, J. cc: Charles Rector, Esquire -Counsel for Mother Diane S. Baker, Esquire - Counsel for Pathcr In Tatlmony t+l~ ra •+ut ray hand, an ih: seal cl • d , ~~rr~•--+~,,:a,r.lierrla, Pa. T ~ .,...~... , , u( ~.l,A.~1..,., ~~ Pr Itonotary ~~ EXHIBIT B RECEIVED JUN 0 81005''" ]OANNE ZEPP vs. ALFRED A. WHITE, 11 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 95.547 CNiL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /3 day of _C~......_. 2005, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The parties shall initiate counseling for tlme Child with Deborah Salem, LPC. The purpose of the counseling shall be to assess the Child's perspective conccming the custodial amangcmcnts and to provide guidance to the parties in connection with tlmc underlying basis for tlmc Child's perspective as ascertained through the counseling. The Father shall be responsible to pay all costs for tlme sessions under this provision. 2. The parties shall obtain a supplemental custody evaluation from Amold Sliienvold, Ptm.D. The purpose of the evaluation slmal) be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the Child's interest under the current circumstances. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. The Mother shall be responsible to pay all costs of the evaluation under tlmis provision. 3. Pending further agreement of the parties or Order of Court, the prior Order of this Court dated January 9, 2004 shall continue in effect. 4. Within GO days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, s Ear B. Bayley r~u~ coati• rrRO~~ ~r-.cor~u cc; Charles Rector, Esquire - Counsel for Mother to T~cUrttony Nd~erco}, I bare unto sat mY hand Jeanne D. Costopoulos, Esquire -Counsel for Father ~d U19,R8dJ a, ~~ ~ at l%arlkle, I?a. , EXHIBIT C . ; INT~~VORKS w ~ ~-~ -rr pip Jennnc Costopoulos, Gsq. --r- 5000 Ritter Rond A Suite 202 „Q, Mechanicsburg, PA 17055 v° July 21, 2005 ~ Rc: Dylan Zepp 4335A North Frout St. Harrisburg PA 171!0 Te1717-23G-GG30 Fax 717-23G-G677 Clinical Director peboral, L.Salem, CAC, LPC seociates Anthea L. Stebbins, LSw Rebecca A. Green, LCSW Charles Rector, Lsq. 1104 I~cmwood Avcnuc Camp liill,l'A 17011 91 3 Dear Attorneys: ~ As you know, !have met with Dylan on two occasions for the purpose of identifying the c~ seriousness of his desire to live with his father. [ am writing to provide you with my findings so that you andyour clients may dctcrrnine an appropriate course of action from this point forward. ~ Dylan's desire to live with his father is strong, consistent, and bused on a number of factors. According to Dylan, he is highly motivated to spend additional time with his father because he enjoys the similarity in interests he shares with his father (for example hunting, fishing, and J. tenting) as well as doing those activities together. ~urthcr, he finds his father to be more trustworthy in general, and bclicvcs that his mother has lied to him on at Icust two occasions wherein she tried to keep him from being with his futhcr during father's custodial time. Dylan stated that on two occasions his mother's parnmour became physically aggressive with him after he refused to comply with orders. Fle is angry with and alienated by his mother's pnntmour's ~ verbal apparent negativity toward father and mother's refusal to disapprove or stop it. He denies ® having Icss responsibilities while in father's custody, rather bclicvcs he has at least the snore, if /~ not more. Ha reports being more compliant with father's rules than mother's. Ideally, Dylan ~ would like to live in his mother's new home with his father. Unfortunately, Dylan describes n long history of discord between his parents, us well as between mother's paramour and father (the latter being more recent than initially was the case). '.'~E Additionally, l nor aware that father and Dylan's sister have not spoken for some time. It is my ~ impression that Dylan has experienced a significant level of uncertainty and insecurity about who to trust as a result of the unl'ortunatc exposure to the negativity, hostility and unproductive conflict bctwccn his family members. In addition to his compatibility with his father, it appears that Dylan has become embroiled in the discord bctwccn his family members and has, in effect, - taken sides, +~r r, (would expect that without further investigation into and resolution of the apparent alienation issues, as well as effort through the decision-making process to demonstrntc approval of Dylan's desire to have more time with his father (outstanding obvious reasons to interfere with the same), Dylan's behavior and emotionality about the issue are likely to worsen. I am of the understanding that if this mutter should move to u custody cvnluation, I would be required to provide additional information to the custody evaluator should they find that necessary. 1 am prepared to do so in order to fulfill my obligation to the cost. Sincerely, ~ .l- ~ ~~-~.wi`~1 ~ 1 ~'\_i7~' An h I5a tcbbiny,. ' - EXHIBIT D Ricglcr • 5hicnvold K Associates CUSTODY RE-EVALUATION JOANNE 7_EPI' vs. ALFRED A. WI11TE, II 95-547 CIVIL ACTION I.AW Rcfernd By: Order of Court dated June l3, 2005 I:Iliot Ricglcr, Ph.U. (19-08-1999) Amuld'f. ShicnvolJ, Pl:.b. Mclindn L•';rsh, MS 1:uncx Iinsh, LS11' Runnic Iloaard, 1'h.D. Amy K. Kcisling,ACS11', LCS1V Tracy kich:uds, QCS\V, LCS\V Dy:umc Sngc, QCS\V, LCS1V kllicy Pincus,l'h.D. Ann Vcrg;dcs, ACS11', LCS1\r Kascy ShicneolJ, I'sy.U. Shancn'furk-Gcllcr, LCS1V I lan•ey tl. Shapiro, t`1D 1Villiam Dietrich, LCS\V Smulrr \I'ilcy, LCS1V Referral Reason: To provide a supplemental custody evaluation and make recommendations regarding ongoing custody arrangements that arc in fire best interests of Dylan B. 7.epp, DOES 1!8/92 Individual Interviews: Alan White Joanne Zcpp Dylan Zepp Kevin Nelson Karen l~rantz Pam and Ilrian Shover 10/5105, 10/24/05 10/7105, 10/28/05, 1/II/Of I l/9/OS, 11/21105 11/9/OS I/23/OG 11 /30/05 Psychological Testing: Milton Clinical Multiaxial Inventory-III (MCM[-Il!) 'Joanne Zcpp "Alan White State-Trait Anger Expression Inventory-2 (S'I'AXI-2) 'Kevin Nelson Sentence Completion Tcst 'Dylan Zepp Additional Inforrnution: 1. Order of Couri dated January 9.2004, outlining current custody arrangement 21 S I Linglestown Road, Suite 200 • Harrisburg, Pctmsylvania 17110 • (717) 540-1313 Pux: (717) 540-1416 r . Page 2 Lcpp v. WhitC 2. Letter to Mr. Arnold T. Shicnvold, from'I'crry G. ?.ebulske, I'nstor of Gmcc Community Church indicating that "Allen" has changed over the years and that he is u very curing father. Elc notes Dylan and Alan arc very close. 3. Letter lo: To whom it may concern, from Tony D. Sumenlo, President, 5amcnto Industrial'frnining Systems, Inc.'fhe letter is very supportive of Alan's attempts to gain primary custody of Dylan and implies that Jounnc has bccn very difficult with respect to cooperating with Alan's efforts to spend time with Dylan and Fcliciu. 4. Numerous a-moil messages exchanged between the parties indicating the degree of dissension and hostility in their communication regarding Dylan 5. Lcttcr dated September 29, 2005 from Robbin Dreakcy to: To Whom It May Concern. Ms. Iireakey is associated with the CV Youth Lacrosse Club. She indicated that there have been problems ut the Lacrosse lield secondary to Mr. Nelson and Ms. '/.cpp. 5hc is supportive ot'Mr. White. 6. Letter from Thomas Percotta to: 'Co Whom It May Concern, regarding Joanne Zepp and Kevin Nelson. Mr. Pcrcotta has bccn Dylan's coach and his son and Dylan are friends. Mr. Percotta has never heard Dylan complain about Kevin or Joanne and he appears to be secure and comfortable in his mother's home. Kevin and Joanne apply appropriate discipline and provide many activities. Elis letter is in response to Ms. lireakcy's. 7. Lcttcr fiom Jcft~cy Urogus to: Dear Sir, regarding his friendship and observations oCAlnn White and his children. 1'he letter stresses Alan's attempts to be a good father and how he has worked hard to provide what he could for his children. 1Ic notes Alan's faith as a mainstay of his strength. 8, Certain school materials, specifically progress reports, loom JounneLepp 9. Provious custody evaluation dated 11/I OI03 'fire recommendations that follow are rendered a(lcr a thorough review using all of these procedures. ,, , Y' ' Page 3 Zcpp v. White f3nckEround: Alan While is suing I'or primary physicarl custody of Dylan. Alan reported that Dylan has been "pleading" with him to allow him to live with him "full•tim~ " Dylan's desire to live with his father, according to Alun, has increased significantly in the lust year. It is Alan's opinion that because. Dylan is older he is not "intimidated by his mother." Alan feels that Joanne's and Kevin's bchuvior is destructive for Dylan because they refuse to work in a cooperative manner with him. lie feels that Joanne and Kevin are more concerned with "hurting" him and creatte situations that are detrimental to Dylan. FIc gave several examples related to Dylan's participation in lacrosse to prove his point. Alan indicated that when he is not working, his time is devoted to Dylan. FIc noted that they "do everything together" when Dylan is with him. Alan reported that he had to make a report to Children and Youth about Kevin because he physically "abused" Dylan. According to Alan, Kevin "pushes, grabs and smacks" Dylan when he is in his care. Additionally, Alan alleged that Kevin and Joanne speak negatively about him to Dylan on a continual basis. On the other hand, Alun noted that he tries to stop Dylan from displaying any disrespect towards his mother or Kevin. Alan reported that he knows that Joanne loves Dylan, but bclievcs that she is incapable of seeing how her bchuvior with respect to him is not best for Dylan. Alan noted that he and Dylan are somewhat limited in their activities together because they do not have much money. However, they always find things to do, especially because Dylan is very "accepting and content with the situation:' Alan believes that Dylan should primarily live with him and see his mother "when he wants." He is particularly concemed about Dylan's relationship with Kevin. Alan feels that Joanne needs to correct the issues he has mentioned before he can become trusting of her ' household. According to Alnn, Dylan has said, at times, that he does not want to sec his mother, but he is not sure that Dylan means that. I lowever, he bclievcs that Dylan is angry because his mother punishes him for wanting to spend time with Alan and wanting to live with him. Joanne does not agree that primary custody should be switched to Alun. Shc understands that there have been times when Dylan has indicated u desire to live with his father Howcveq she feels that Dylan has vacillated in that opinion and it has not always been a consistent desire. Joanne fears that Dylan is simply trying to avoid the rates and limits that arc placed on him at her house. Shc also fears that Dylan is being negatively influenced by his father to hold that opinion. Joanne feels that Dylan fears he will be rejected by his father if he dots not say that he wants to live with him. ~, .. Page 4 '/.epp v. White Joanne reported that Dylan is not allowed to display any affection towards Kevin because it upsets Alan. She reported that Alan's portrayal ot'thc relationship between Kevin and Dylan is not accurate. However, she admitted that Dylan has demonstrated increased distance and disrespect towards her and Kevin over the last year. Finally, Joanne is convinced that a large port of Alan's desire for custody is motivated by his desire to end his child support obligation. In fact, if Alan gets primary physical custody, he will be entitled to receive child support, Joanne has always felt that the financial obligation was n large part of Alan's motivation for custody. Dvlan Zcp~ Dylan is 14 years old. Ile attends the Good Hopc Middle School where he is in tl~e 8i4 grade. Joanne noted that Dylan's school work began to slack somewhat last year. Shc provided progress notices that indicated that he was having difficulty with math and social studies. Dylan was not handing in his homework, even after Joanne had checked that he had completed it at home. By the end of last year, Dylan was passing all subjects, but his gmdes were primarily C's. Joanne feels that Dylan's potential is higher than simply an average student. She tries to review his work, but in 8'" gmdc there is no "homework hotline" for parents, Joanne is fairly certain that Alan does not check his homework and Dylan rarely completes homework at his father's house. Last year, Joanne limited Dylan's activities, including lacrosse, because of his problems in school. She did not feel that Alan supported her interventions. Alan noted that Dylan would not have to change schools if he came to live with him. Alan admitted that he does not have much information about Dylan's schooling. He reported that Joanne does not share information with him, but he has done little to proactively find-out how Dylan is doing in school He noted that ha was aware that he could a-mail the school to discuss any problems, but he has not taken advantage of that opportunity. On the other hand, Alan stated that he has concerns if Dylan is lying about homework. He noted that he would ground Dylan if he was not completing his homework assignments, Alan reported that he is aware that Dylan has a problem with completing assignments, but believes that ho needs to be responsible far his own homework. Alan feels that there are "natural" consequences he must face. Alan reported that Dylan's personality has gotten somewhat quieter and he has become more withdrawn, Alan reported that Dylan chats on the intcmet with friends while he is at his house. Ilowever, he must finish his homework first. Alan feels that the custodial situation has "worn on him," and that he is thinking more obout the custodial problems, especially his mother's unwillingness to allow him to live with his father. .~ Page 5 Lcpp v. White Joanne wants to insure that Uylan becomes u wcll•munded young man who is respectful. She admitteJ that Dylan has always "huteJ going buck and forth between houscs•." Shc perceives him as compassionate and funny. l le enjoys sports unJ is especially enthusiastic about golfing. IIc is a very polite nnJ sensitive chill, but has been more Disrespectful towarJs her unJ Kevin lately. Shc believes it is a function of the custody situation. Joanne rcportcJ that she is not conccmed about Dylan being invalveJ with Drugs or alcohol, l le Jocs not hang with a group of friends about whom Joanne has to worry Joanne believes that Alan has consistently tried to drive u wedge behvccn Kevin and Dylan. Shc feels that as a function ofAlan's insecurity, Dylan withdraws from Kevin and becomes Disrespectful. Shc Does not hclieve that Dylan has reached n point where he needs counseling to deal with his feelings about all of these issues. 1{owever, if llylan were to live with his father, Joanne is fearful that he would become Iwy, that he would not livaup to his commitments with activities and responsibility, that he would have Icss structure causing his grades to drop ant that he woulJ use inappropriate language. Alan does not perceive Dylan as being either noxious or Depressed. lie describes him ns being "thoughtful:' He feels that Dylan's moots fluctuate, but believes that is common for teenagers. He noted that most of Dylan's complaints arc about his mother. When Dylan complains about his mother, Alan tells him to spent: directly to her about any problems. Alan noted that Dylan rarely misbehaves when he is in his care. por the most part Alan simply talks with Uylan about his behavior and he self-corrects. I Ie also tells Dylan in advance what the consequences will be if he misbehaves. Alan feels that Dylan is seeking greater indcpcndence and that this is u lmnsition point in his life. Alan appears more willing to allow Dylan greater inJcpendcncc than he may get with his mother. i'or example, Alan would allow Dylan to go alone to a mull if it was early in the day and if it were a mall Alan felt was safe. l to would also allow him to go with friends "within reason:' Joanne is Icss inclined to allow that type of indepenJence at this time. In fact, one of the difTercnces in parenting between Joanne and Alan is rclntcJ to Jonnnc's belief that Dylan is still in aced of greater supervision in many areas of his life. Dylan presented us u very friendly, conversant young buy who was appropriately dressed for both of his appointments. [ic is somewhat short, but athletic in built. I le smiles easily ant seemed comfortable talking during his sessions. Dylan wears braces and his mother reported that he needs glasses for his school work. Dylan nppcareD to have u tic with respect to some head movement. Dylan rcporteJ that he is in the 8'h gmdc. I Ie stated that his grudcs varied, but were primarily in the 70's and RO's. tic did not hclieve that his father was yet aware of his currant grades, but his mother had groundeJ him from the intemet for two weeks pending his raising his grades. Dylan felt that his father woulJ not be happy when he found out about the grudcs. . r page 6 Lepp v. White According to Dylan, his father is "strict" and will push him to do well. He believed his father would "get mad and take away his video games•." Dylan reported that one of his problems is that he puts his homework in his locker and forgets to Utkc it out. Dylan sported that at his mother's house he has to do homework before dinner, which is between 5:30 and 6:00 p.m, every night. Dylan gets home from school at about 3:20 p.m. I Ie sported that his mother or Kevin checks his homework alter dinner, which he f Inds annoying because "they try to make it perlcct." Whcn he goes to his father's house, he brings homework with him and is expected to do it when he gets there. Dylan reported that his father also checks his homework, but is "cool" about it. According to Dylan, Iris father makes him laugh, so it is not as annoying. Dylan reported that his mother makes Dinner every night and that they eat as u family. Generally there is dinner conversation, but Dylan finds that "boring." l-le noted that he is the first done with dinner and has to sit « ntil everyone has completed dinner. At his father' house, he and his father cat "buffet" style. 'T'hey take their food into the living room and play n video game or watch sports on television while they eat. Dylan stated that he likes it better that way. Dylan is involved in indoor and outdoor lacrosse. He reported that his mother signed him up for the various seasons. Dylan also played tbotball for the CV middle school team in the post. His games wes on Saturdays and he practiced nightly. Either his mother or father drove him to practice, although he did not ploy this past year. Dylan was psviously involved in judo, but "just stopped:' Ile stated that he did not like to getup early and that he does not miss going. It should be noted that Kevin got him involved in judo. Dylan sported that his father does not like Kevin, but he is uncertain why he doesn't. According to Dylan, he has never seen Kevin do anything to his 1'uther. He is aware there was an incident at the lacrosse field, but according to Uylnn, he was in the track at that time. Dylan stated that Kevin doesn't feel good about his dud. He noted that Kevin says negative things about Alan, such as he is a loser. He spurted that his mother will call his father an "A-hole." Dylan denied that Alan says bad things about Kevin, but admitted that his father has said "one or two things" about his mother. Dylan was aware that his father does not agsc with his mother about the amount of time that Dylan spends with him. Interestingly, Uylun believes that his mother wants him to spend more time with his father because he loves him, but she does not wont him to spend all of his time with him. Dylan reported he wants to be mostly with his father. I~Ie reported that his father `doesn't lie to mc." Specifically, Dylan feels that his mother lies to him about his father being a bad person and not knowing how to be a parent: ' .: Page 7 Zepp v. W hits At his second appointment, Dylan reported that his school grades had improved somewhat. }le was doing much better in moth. Ile was excited about the fact that he was getting new golt'clubs and a drum set for Christmas. Golf is becoming a prusion of Dylan's and he enjoys playing golf with Kevin. Isis relationship with his mother had improved somewhat, although he continued to prefer to live with his father. interestingly, Dylan indicated that he could accept a shared custodial schedule. Dylan reported that he likes Kann, his father's new girlfriend. Dylan completed the Sentence Completion Test. That instrument rcquins a child to complete partially started sentences. T'hc test is designed to access Icclings and thoughts that n child may not normally shah in direct conversation. In his responses, Dylan demonstrated some typical adolescent themes, hor example, he sees himself us honest, he wants to go to Syracuse for college and Ire gets angry when he is not allowedto do what he wants. Dylan appears to have u relatively good self-image. tic feels that his mother "annoys" him and he swtcs a consistent pnfcrcnce to live with his father. [-le enjoys being with his friends more than his family and he likes school. tic notes that both of his parents believe that he is a good person. nal sis: Then; is no question that Dyl~nLcpp wants to spend more time with his lather. Although Joanne complains that Uylan would not have the supervision he needs ifhc resided with his father and that he would become im:sponsible, Dylan describes his father us conccmed about his school work, strict in his application of rules and vigilant about his behavior. 'Chen was little doubt that he is angry at his mother for not allowing him to go to his father's house more frequently and that anger comes out in some disrespect towards her. lie also expresses it in his perception of his molhcr as being "annoying." Additionally, Dylan resents that his molhcr perceives his father ati irresponsible as a parent. Joanne continues to work for the PA }leulth Cnrc Cost Containment Council She has a nsponsiblejob and has had no difficulties associated with her job. During the course ol'the evaluation, she and Kevin Nelson married. 'Choy had been together for many yours and more mcently bought a house together. Joanne indicated that she was experiencing no problems in her lile except the on-going issues associated with the custody situation. Joanne dcmonstmted u good knowledge of Dylan. She tries to employ an authoritative parenting style in which she uses consistent limits in dealing with Dylan's behavior. She focuses on teaching responsibility and is very involved in all aspects of her son's life. Joanne tries to allow some independence, but not to the same degree that Alun allows Dylan. However, there was nothing in her parenting that appears abnormal, abusive or neglectful. On the contrary she is attentive to Dylrm's needs. ., , Page 13 7.epp v. White Unfortunately, Joanne appears to display her icclings about Alan to Dylan, which causes great conflict and anger for him. Joanne's lack of respect for Alun is not hidden from her son. Joanne completed the MCMI-III for this evaluation. The results of her testing indicate that she is a gcncmlly well-functioning woman who tries to seek the approval of others through social conformity. In this testing, Jounnc was reluctant to admit to psychological problems. 77iat is not surprising given the nature of the evaluation, but it may indicate u more general luck of insight into psychological issues. There uro signs of anxiety and insecurity in the test results. Generally an optimistic and positive person, Joanne may, al times, overreact orover-dramatize certain situations. She tends to over-control any resentment that she experiences, which only tends to increase tension. Also, Joanne is a person who is likely to pay attention to detail, perhaps at the expense of the larger picture. Nonetheless, she is likely to be highly reliable and rcsponsiblc. Alan continues to work for the same company ut which he was employed during the lust evaluation. The job allows him considerable flexibility in his work schedule. Alan has been with the company approximately five years. He received a character letter from his cmploycr for the evaluation. Ilis cmploycr appears to be happy with his performance at work and us nn individual. Alan ended a previous relationship about one year ago, but has subsequently started u relationship with Karen Pmntz. Ms. Frantz met Alan through their work approximately u year ago, but did not have a face-to-face meeting with him until July, 2005. It was after that time that Ms. Frantz met Dylan, who she perceives ns n great, out-going kid. Alan and Karen became engaged recently, although they have no specific wedding plans. Karen lives in Berwick, Pennsylvania Alan presented as friendly and cooperative. I Ie denied any significant problems in his life since the lust evaluation. In lbet, a[ier having faced some upset with the break-up of his previous relationship, he feels completely stabilized and happier than before. Alan noted that he gets strength and support from his contact with his church. Alan presented a parenting style that appears to be somewhat more relaxed than Joanne's. Ile is Icss wedded to specific routines, but voices the necessity for soma structuro, oversight and routine for Dylan. Alan seems to see a greater need for on-guing growth and independence for Dylan at this time. Alan was sarcastic in his statements about Joanne and Kevin. [ to perceives Kevin us having an anger problem and he pcrccives Joanne as not acting in Dylan's best interests. Yct, he pcrccives Dylan us having developed into a considerate, responsiblc and mature child under his mother's primary care. ,~ .' Page 9 Zepp v. White Alan's MCMI-1[l results me consistent with an individual who wanted to present themselves in a socially desirable manner. Tlicrcforc, he has denied any psychological problems, which muy indicate n luck of insight into his psychological functioning or a naivete about psychological issues. 'I'hc profile is associated with generally well-functioning individuals who are experiencing some psychoooccal stressors. 'there is some indication that Alan is likely to deal with conflict indirectly and with passive-aggressive responses. Sometimes these men present themselves as very confident and self-assured as a way of covering deeper feelings of inadequacy. Kevin Nelson now works for the Dauphin County Emergency Management Agency. He is their manager of operations and works a regular 8;00 u.m, to 4:00 p.m. job. Flc recently changed to that job and he is happy with his decision. Ile feels that he and Joanne have u loving and secure relationship. Kevin perceives Dylan as an energetic, compassionate boy who is sensitive to others.. l~le feels that Dylan is trying to grow in the freedoms he desires, but struggles academically due to some orguni~ntional problems. lie is friendly, social and maturing. Kevin perceives himself as a "couch" for Dylan in all areas of his life. Ile ethos the concerns raised by Joanne with respect to Dylan living with his father. Kevin reported that in spite of Dylan's defiance or disobedience, he constantly reinforces that he is not Dylan's father or step-father. Kevin completed the STAR!-2. This test measures an individuals level of situational anger and trait oriented anger. It measures how the anger muy be expressed by the individual and how an individual controls that anger. Kevin's results indicate that he was not angry ut the time of testing. Additionally, Kevin's answers to the questions suggest that he is not typically an angry person. He is about as likely as mast people to experience anger in n variety of ways and situations. However, ha scored low in categories associated with the outward expression of anger in negative ways, i.c. physically towards people or objects. Ile also denied the use of sarcasm or threats to deal with anger. Kevin's extremely low score suggests that he may have bccn consciously denying any of these behaviors because of the nature of the evaluation. Also, Alan alleged that Kevin is constantly trying to bait him into n fight. Karen l~ranta. is 52 years old. Shc works at 131oomsburg University as the Program Coordinator in the division of corporate and continuing education. Shc leas bccn there for I8 years and enjoys her job. Kurcn lives alone in n home that slit owns. Karen has bccn married three times. 1lcr lust marriage occurred when she was 18 years old. At that time she eloped. The marriage lasted live years and she has u 33 year old son, Chad, from that relationship. Chad and Knn:n arc very close with Chad living next to his mother. Allcr the divorce, Knrcn was lhu primary custodian of Chad. i ,. Page 10 Zepp v. White Kurcn's second marriage occurred in 1984. Shc dated u man for about four years before marrying him. 'l'hc muniugc lasted firur more years at which time he asked her to leave, Karen's third marriage was to u man with four young children. Again, she had dated for approximately four years prior to the marriage. Il was not until utter the marriage that she discovered that her husband was "deeply in debt" and could not hold u job. The man•iage lusted approximately four years. Karen presented as a bright, ariiculutc woman. Shc noted that she is a "saved Christian," who has rededicated herself to her faith. Knrcn appeared mildly uncomfortable in the interview situation, but was not overly anxious or nervous, In lint, her mood was somewhat subdued and there was some emotional flatness. She denied the use of alcohol or tobacco. Karen denied any significant physical problems other than high cholesterol. Karen reported that she has been in counseling for relationship issues and work related stress. Shc admitted Ihat she does not sleep well and tends to be a worrier. Shc has experienced no legal problems besides her divorces. Karen considers herself "a simple person who is law maintcnnncc and not hard to please." Koren completed the MMI'I-2. Hcr profile. is valid and she dcmonstmted very little defensiveness in answering questions, That is an unusual response pattern in custody evaluations as people tend to be more interested in presenting a good impression. Karen's clinical profile suggests that she experiences a low Icvcl of depression on a continual basis. Shc endorsed many items associated with depression and anxiety. Interpersonally, these women tend to be somewhat withdrnwn and quiet. They appear shy, timid and reserved. Women with this profile tend to be self-depreciating and self-critical. Recommendations: There is no question that Dylan would like to spend more lime with his father. I Ie noted a preference to live primarily al his father's home, bill indicated that he: could "accept" a shared custody arrangement ofweek on/weck off custody. Currently, Joanne and Alnn use a shared custodial arrangement during the summer months. Although Alan has mode allegations regarding the parenting of Joanne and Kevin, Dylan has shown relatively good adjustment throughout the time that he has been in his mother's primary care. It has only been over the Inst year that Dylan has experienced some increased problems in his school work. 'T'hat could be a function of his overall adjustment to the expectations of middle school when; there is u greater expectation regarding individual responsibility. fiowcvcr, as the conflict between his parents has increased, llylan has shown increasing bchavioml symptoms, including greater disrespect and disobedience: with his mother and Kevin. Therefore, one cannot talc out the contlicl as one of the major sourocs of Dylan's behavior problems. However, Joanne has always been very attentive to Dylan's educational, medical, dental and extra-curricular needs. r ~ ~ .,' PagC I I ZCpp V. WhIIC Nonetheless, al this point in lime, Dylan is interested in more time with his fsrthcr. Alan has been showing increased participation in Dylan's life. 1Ic has been particularly involved in Dylan's lacrosse, coaching his team the lust couple of years. Additionally, Alnn reports, and Dylan conlirms, that he has been attentive to Dylan's homework and other interests. Alan has, at limes, not been as supportive of Dylan's activities ns he could hove been. I Iowcvcr, he has tell that Ire was not consulted in choosing the activities and the activities interfered with some of his custodial lime. Alan's explanations about not being more actively involved in Dylan's schooling were somewhat weak and indicative of a Inck of proactive involvement. Although Itc appears to favor placing the responsibility on Dylan, given Dylan's organizational problems and tcndcncy to become academically lazy, llylnn needs greater supervision at this time. He is still somewhat young to be left totally to his own motivation. I lowcver, Alun seems concerned about Dylan's schooling and has some rules in place to structure homework limo. As a teenager, Dylan is seeking greater independence and autonomy in his life. 'these are the normal themes of adolescence. Additionally, he is experiencing a aced for greater idcntilication with his father. They appear to hove a very good relationship and a greater affinity for one another at this time than do Dylan and his mother. Dylan's reasons for spending increased time with his father appeared relatively mature and consistent with his developmental needs. They did not appear to be only u result of trivial situational issues, even though he does not like that his mother is more protective and more closely supervises him. Given all of the dynamics of this family and the situational factors, it is recommended that Dylan's time be equally divided between his mother and father. It is recommended that the week on/ week off schedule employed during the summer be extended to the school year. Although Dylan indicated n preference to be primarily with his father, there remains some uncertnintyregarding Alan's involvement with Uylan's schooling and his ability and willingness to apply consistent rules and structure. purthcrmorc, it is n consistent finding in thc1iternlure on custody that children who have significant time with each of their parents show better adjustment overall socially and emotionally. Additionally, in this particular case it should help relieve some of Uylan's 1'rustmtion if he feels that his desiro is being wnsidered in the overall custody arrangement, but should not create as much of a loyalty bind if he continues significant time with his mothcc The week on/weck off schedule will actually decrease the number of transitions between the households. Many of the problems that hove existed between the parents have occurred ut the lime of transition. Therefore, the wnllicl should be decreased somewhat by this schedule. Of course, chest parents need to come to the point ol'showing greater mutual respect and trust. There communication with one another is not good. 'I'hcy rely on using c-mail and Dylan to transmit messages and infonnulion. 'I'hcre is also rr significant tcndcncy for each to be uncooperative with the other's requests, ,. ~ . .~ ~ ' 1'nge 12 Zepp v. White Unfortunately, the only person truly hurt by that behuvior is Dylan. It is recommended that all other aspects of the custody agn;cmcnt remain the same. Jt is not believed that Dylan is in nccd of counseling at this time. I lis misbehavior with his mother is being handled well by her. Additionally, then; is nu indication that Kevin is abusive to llylan. Whatever situations occurred in the past, they do not appear to have been of the type that Children and Youth needed to be involved. Flowevcr, CYS investigated the complaints and they were unfounded. It is important that both parents n:main active in their knowledge of how Dylan is doing in school. They cannot allow that area of his life to go unsupervised because he has problems with self-monitoring. finch of these parents nccd to stop there negative bchnvior with respect to one another. Joanne and Kevin have had a tendency to talk negatively about Alan in front of Dylan. 'this causes him Brent anguish, pushes him to defend his father and creates a loyalty issue for him. On the other hand, Alan has not been as supportive as he could be of Joanm:'s decisions regarding limits and bchnvior for Dylan. fie also shows n luck of appreciation for the good job she has done in her care of Dylan. The a-mails that the parents provided to support their individual positions actually demonstrate the lack of cooperation that each shows at various times. All of that behuvior needs to cease regardless of the specific custody arrangement. Date ;, '~ ~ /i . ~ ..; Arnold'f. Shienvold,l'h.D ': ~{.,., 1~ ..p 1~ V p",? ~~ C C \~ r~ ~., .. 1 ~ r -,i j ~ ; ,, ~~, r.~ ~~i ~ ' . •ti nr' ~~~ ~~ W ~ ~ ~ ~ p ~a . ~ y,~ ~ ~ .. v1 pao. rn ~~~ h ~ .: . .. __ ~. JOANNE ZGPP, IN 'I'IIE COURT OP COMMON PLEAS Of Plaintiff CUMI3GRLAND COUNTY, PENNSYLVANIA vs. : 95-547 CIVIL ACTION LAW AL('RED A. Wt1IT'G, I1, Defendant IN CUSTODY ORDER Oh COURT' AND NOW, this '?'L day of ~~ A:~t~7_ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 24, 1997, is vacated and replaced with this Order. 2. The Mother, Joanne Zepp, and the Pathcr, Alfred A. White, 11, shall have shared legal custody of Dylan d. Zepp, born January 8, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited lo, all decisions regarding his health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. The Pallier shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Monday morning bcforc school or daycare. ht addition, the Pathcr shall hnvc custody every week from 1Vcdncsday ut 5:00 p.nt. through Thursday before school or daycare. S. The parties shall share or alternate having custody of the Child on holidays us follows: A. CIIRISTMAS: The Christmas holiday shall be divided into Scgmcnl A, which shall run from Christmas Eve nt 4:00 p.nt, through Chrismas Day at 4:00 p.m., and Segment G, which shall run from ChrisUnas Duy;U 4:00 p.nt, through Dccembcr 30'h at 4:00 p.m., and Segment C, which shall run from Dccembcr 30 ut 4:00 p.nt. through January 1" at 4:00 p.m. ht odd numbcrcd years, the Gather shall have custody of the Child during Segments A and C and the Mother shall huvc custody during Scgntcnt l3, ht cvcn numbcrcd years, the Mother shall huvc custody of the Child during Segments A and C and the Pathcr shall have custody during Scgmcnt d. [3. TIIANKSCIVING: The Thanksgiving holiday shall run from the Wednesday bcforc Thanksgiving ut G:00 p.nt. through the Monday alter Thanksgiving ut G:00 p.nt. The Mother shall huvc custody of the Child over Thanksgiving in cvcn numbcrcd years and the Pathcr shall huvc custody in odd numbcrcd years. C. F.ASTF.R: The Gastcr period of holiday custody shall nm from the Thursday bcforc Easter ut G:00 p.nt. through tltc Monday following Easter nt G:00 p.nt, The Mother shall have custody of the Child over the Gastcr holiday in cvcn numbcrcd years attd the Father shall have custody in odd numbered years, D. MEMORIAL DAY/LABOR DAY; The Mcntoriul Day and Labor Day holiday periods of custody shall run from the Friday bcforc the holiday at G;00 p.nt. through the day of the holiday at 7;30 p.nt. In odd numbcrcd years, the Fnthcr shall have custody of the Child over Mcntoriul Day and llte Molltcr shall Itavc custody Duct Labor Day. In even numbcrcd years, the Mother shall have custody of the Child over Memorial Day and the Father shall have custody over Labor Day. E. JULY 4T0: The July 4~~' holiday shall run from 9:00 n.nt. on July 4°i through July 5'~' bcforc daycare, The Father shall have custody of the Child over the July 4'~' holiday in odd numbcrcd years and the Mother shall have custody in cvcn numbcrcd years. F. The holiday custody schedule shall supersede And take precedence over the regular custody schedule, G. The Father shall be entitled to have custody of the Child for three unintcnuptcd nine day periods of custody during each summer school vacation upon providing notice to the Mother by May 1" of each year. The panics shall exchange custody on both the first and last day of the Father's vacation periods of custody at G:00 p,m. The Father shall schedule his first period of custody under this provision in Junc, his second period in July and his third period in August. The Father's period of custody in August shall be scheduled to end prior to one full week bcforc the beginning of the school year. 7. With the exception of exchanges of custody which take place at school ofdaycare, the party receiving custody shall be responsible to provide transportation for the exchange unless otherwise agreed between the parties, 8. In the event cithcr party requests an adjustment to the custody schedule, no change shall be considered to be f nal unless the requesting party receives a consenting response from the other party. 9. The custodial party shall cooperate in making the Child available to the other party in the event the custodial parent will be unavailable for an extended period of time during his or her period of custody, 10. In the event cithcr party intends to relocate his or her residence outside the school district in which the Child is enrolled, that party shall provide at Icast GO days advance notice to the other party to enable tltc panics to make accessary changes to the custody arrangements citlter through agreement or the legal process. 11. Neither party shall drink alcohol to the point of intoxication or use illcgnl drugs during his or her periods of custody. The parties shall ensure that third parties having contact with the Child comply with this provision, ,_...__....~-...,a.._.,..__~,_- .. _. _- -- n~ 12, Ncithcr paront shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both panics shall ensure that third parties having contact with the Child comply with this provision. 13, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent In the absence of mutual consent, the tcnns of this Order shall control. BY THE COURT, cc; Monica Baturin, Esquire -Counsel for Mother Dinnc S. Baker, Esquire -Counsel for Fatlicr Edgar B, Bayley, ny,,,,,`,(,~/ /0.23-01 J. ^I' ^ ., .~~,. '~~;, ;~'jav :, 1 L.' ' J~: .'1 ~~ J '~) t•,. i r ~ 'rte ~` JOANNE ZGPP, Plaintiff vs. ALFRED A. WF11TE, II, Defendant PRIORJUDCE: Edgar B.liaylcy IN TFIE COURT OF COMMON PLEAS Of CUM~3ERLAND COUNTY, PENNSYLVANIA 95-Sa7 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE ~V11'll CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report; I. The pertinent information conccming the Child who is the subject of this litigation is as follows: NAME DATF. OF BIRTII Dylan B. Zepp January 8, 1992 Mother 2. A Conciliation Confercncc was held on October 1G, 2001, with the following individuals in attendance; The Mother, Joanne Zcpp, with her cowtscl, Monica M. Bnturin, Esquire and the Father, Alfred A. White,ll, with his counsel, Diane S. Bukcr, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ~~ Dawn S. Sunday, Esquire Custody Conciliator CURRF.NTI.Y IN CUSTODY OF !Q ~ O udWf ,•jq-' ~ N a I- N ~ ~ ~ ~1 a ~ y( :~ Z . } V W Q O J 10 n ~ 1Q ' F '~ Vr' ~ ~ U Z n ~ w ~ H i.l ~"I ~ y~ H ' _ ~ ~ ~ ~ W. W n I ~+ Z = R Z o ~ w '++ ~ ~' zz O In g~rc~_x °' F~- Z~ a LL .. Q n m w m ~ ~ ~ ~a ~~ ~a a = n ~a •. lw «ue•ro aununue.n«w pow wYOl 'WII T/MLIYMYIIM e11Yle 1M q hMNwl Y T011 IIYIi lb • / ~ ~ JOANNE ZEPP, Plaintiff/Respondent vs. ALFRED A. WFIITE, II Defendant/1'etitioncr IN'f1lE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.:95 - 0547 CIVIL'fERM CIVIL ACTION - AT LAW IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR CONTE6:M'/11;ODIFICATION OF IISTODY AND NOW, comes the Plaintiff JoAnne Zcpp, by and through her attomcy Monica E. Baturin, of IiATURIN & [3ATURIN LAW OPFICGS, and hereby files Plaintiffs Response to Defendant's Petition for Contcmpt/Modification ofCustody and respectfully avers the fallowing. Admitted. 2. Admitted. 3. Admitted. It is admitted that Defendant is the natuml father of the minor child Dylan ti, Zepp (DOB: I-8-92). [3y way of further response Dcfcndant Alfred White is single and divorced. Plaintiff and Defendant wero married fmm September of 1993 through January of 1995 and arc the parents of one other child, Felicia 7,epp (DO[3: 4-25-1983), whom Dcfcndant has no contact with whatsoever. 4. Admitted. It is admitted that Plaintifi'JoAnnelepp is the natural mother of the of the minor child. [3y way of tiirther response Plaintiff is single, divorced from the Defendant and lives with the parties' other child, feliciu'Lepp. g, Admitted in part; denied in part. It is admitted that the putties nppcurcd for a conciliation on October l6, 2001, !store Custaly Conciliator Dnwn Sunday, Esquire. It is denied that the Custody Order, dated October 22, 2001. and signed by the { lonornble Edgar 13. paylcy, Judge of the Court of Common !'leas, Cumlx:rland County, includes a "Right of f first Refusal:' ay way of further response, as Defendant failed to attach the original Order to his Contempt Petition for the Court's review, Plaintiff ishereby incorporating the above Custody Order by attaching same as Exhibit "A:' (,, Denied. It is specifically denied that the Order includes a provision of "Right of first Refusal:' E3y waY of further response, the pnmgmph that Defendant's counsel refers to, (yet. failed to attach) Parngmph Nine, states that "91te Custodial party shall cooperate 7n making the Clil-d nvailnhle to the other party in the event the Custodial parent will tx' unavailable for an extended perlnd ojtime." It is also spccificully denied that the PlaintifThas refused to abide by terms of Pnrograph Nine, in that Plaintill'has fully cooperated in making the child available to the Defendant. Ry waY of further response, Defendant's Counsel has violated Cumberland County's Local Rule No.: 1915.3-6, whereby she attached a Icttcr to her Petition, making private legal correspondence, which discussed statements made from the Conciliation Conference, part of the Court record. The said Icttcr was addressed to Defense Counsel and was written with the goal of trying to avoid further unnecessary and costly litigation. The said Icttcr was prepared and sent alter Plaintitl's Counsel received the first and only communication an March 23, 2002, regarding the alleged ambiguity of 1'urugmph Nine, of the Urder, which stated that il' Counsel did -2- not respond within ten days to Icttcr, Defendnnt would "file a contem ssuet'Defendant fit doa plaintiff did respond and without any further attempts to address the t action and attached the Icttcr that was re ucsted in order to avoid a contempt action. q contemp wn states or ~, Denied. It is specifically denied that the Custody Order in any Y implies that the parent fw given n "right of first refusal" if the custodial parent isnS ab f D~fbndnnt spend time with the child for several hours. In fact, and by way of further rcspo tan to be with anyone else, such creates that interpretation, then it would M: impossible for Dy his friends or family for even a few hours, without first calling the noncustodial parent to get m h Ninc clean refers to an "extended" period of time and not a few hours or permission. pnrab P Y even a day. In addit10n' the Defendant's interpretation and consequent filing of this contempt action is not in the best interest of their son Dylan. g Dented. It is specifically denied that since the present Custody Order was entered wn with regard to their into, plaintiff has failed and/or refused to contact Defend om t communication to the Defendnnt child. In fact, it is Plaintiff who has made regular and p P with regard to the Dylan's school activities, health and overall welfare and k ads and holday by all the terms of father's weekly overnight visitations and altematmb we visitations. Plaintiff has been flexible and has responded and cooperated with all of the nests from the Defendant's incessant e•mnils sent to plnintifCs work. Additionally, when rcq Plaintiff e-mailed and telephoned Defendant with the request of hiscvlen when Plaintiff ffered ay with her son during the entire year, Defendant obstinately refused, another night in exchange. In addition, there is nothing in the cuaent Or of one of his puree s. minor child not be allowed to visit with his relutrves when in the Gusto y 9 Qegicd. It is specifically denied that Plaintiff' hi~.S violated the present Custody -3- ^ •,:~ f Order in any way whatsoever. lay wuy of further response, PlaintilThiu illustrated that she is the flexible parent in trying to accommodate the DcfendunCs voluminous c-mail requests sent to Plaintiff's work on u daily basis. 10. This averment is such that no response is required. If u response is required, it is specifically denied. 11. This uvernient is such that no response is required. If a response is required, it is specifically denied. 12. Denied. It is specifically denied that Plaintiff has violated the Custody Order in any way. By way of further response, as Plaintiff is not in Contempt of the Urdcr and since Defendant leas filed n frivolous Contempt Action and one that violates Local Rule 1915.3-6, forcing Plaintiff to respond and to seek counsel rcprescntation for further court action, Plaintitl'demands reasonable counsel fees in the amount of Dive liundrcd (5500.00) Dollars. 13. Denied. It is denied that the current Order be modified and that the Plaintiff be held in contempt and ordered to pay attomcy's fees and court costs. To the contmry, it is the Defendant who filed a frivolous action, without truly uttemptiny to resolve any custody issues, and thus, it is the Defendant who should Ex ordered to pay the Plaintiff's attorney fees. 14. Denied. It is specifically denied that the current Order should be modified to grant Defendant primary physical custody. 1'o the contrary, Defendant should be alTordcd less time because of his refusal to be Iexible and cooperative in communicating with the Plaintiff on what is in the list interest of their son Dylan. -4- ,;. WHEREFORE, Plaintiff respect('ully requests that Defendant's Petition for Contempt/ Modification of Custody be dismissed; WHEREFORE, Plaintiff respectfully. requests that due to Defendant's filing of a frivolous action, that Defendant be ordered to pay PlaintifTs reasonable attorney's fees and related court costs in connection with filing a response to this frivolous Petition and representing Plaintiffs interests in connection therewith.. Dated: May 9, 2002 Respectfully submitted, BATURIN & BATURIN LAW OFFICES Mo ica E. Baturin, Esquire Attorney I.D. No.: 7335G 717 North 2'~ Street Flarrisburg, PA 17102 (717) 234 -2427 (Attorney for Plaintiff) -5- JOANNE ZEPP, Plaintiff vs. ALFRED A. WHITE, II, Defendant I~f THE COURT OF COMMON PLEAS OF CCTivfBERLr~~1D COUNTY, PENNSYLVADIIA 95.547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AI~1D NOW, this d 3~ day of C~G~~ , ?001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ' 1. The prior Order of this Court dated March 24, 1997, is vacated and replaced with this Order. 2. The Mother, Joanne Zepp, and the Father, Alfred A. White, II, shall have shared legal custody of Dylan B. Zepp, bom January 8, 199?. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The bfother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through ivfonday morning before school or daycare. In addition, the Father shall have custody every week from Wednesday at 5:00 p.m. through Thursday before school or daycare. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTiy[AS; The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Chrismas Day at 4;00 p.m., and Segment B, which shall tun from Christmas Day at 4:00 p.m. through December 30`h at 4:00 p.m., and Segment C, which shall run from December 30 at 4;00 p.m. through January 1" nt 4:00 p.m. In odd numbered years, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segment B, In even numbered years, the Iv[other shall have custody of the Child during Segments A and C and the Father shall have custody during Segment B, B. THANKSGIVING; The Thanksgiving holiday shall run from the Wednesday before Thanksgiving at 6:00 p.m. through the iV[onday after Thanksgiving at 6:00 p.m. The ;Mother shall have custody of the Child over Thanksgiving in even numbered years and the Father shall have custody in odd numbered years. I:Xf1IE3IT "A" C. EASTER: The Easter period of holiday custody shall run from the Thursday before Easter at 6:00 p.m. through the b[onday following Easter nt 6:00 p.m. The bother shall have custody of the Child over the Easter holiday in even numbered years and the Father shall have custody in odd numbered years. D. ivlEiv[OR1AL DAY/LABOR DAY; The iviemorial Day and Labor Day holiday periods of custody shall run from the Friday before the holiday at 6;00 p.m. through the day of the holiday at 7:30 p.m. In odd numbered years, the Father shall have custody of the Child over b[emorinl Dny and the bother shall have custody over Labor Day. In even numbered years, the Mother shall have custody of the Child over N[emorial Day and the Father shall have custody over Labor Day. E. JULY 4T"; The July 4ei holiday shall run from 9:00 a.m. on July 4e' through July Se' before daycare. The Father shall have custody of the Child over the July 4ei holiday in odd numbered years and the iVlother shall have custody in even numbered years. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The Father shall be entitled to have custody of the Child for three uninterrupted nine day periods of custody during each summer school vacation upon providing notice to the Mother by b[ay 1" of each year. The parties shall exchange custody on both the first and last day of the Father's vacation periods of custody at 6:00 p.m. The Father shall schedule his first period of custody under this provision.[n June, his second period in July and his third period in August. The Father's period of custody in August shall be scheduled to end prior to one full week before the beginning of the school year. .. 7. With the exception of exchanges of custody which take place at school or daycare, the party receiving custody shall be responsible to provide transportation for the exchange unless otherwise agreed between the parties. 8. In the event either party requests an adjustment to the custody schedule, no change shall be considered to be final unless the requesting party receives a consenting response from the other party. 9. The custodial party shall cooperate in making the Child available to the other party in the event the custodial parent will be unavailable for an extended period of time during his or her period of custody. 10. In the event either party intends to relocate his or her residence outside the school district in which the Child is enrolled, that party shall provide at least 60 days advance notice to the other party to enable the parties to make necessary changes to the custody arrangements either through agreement or the legal process. l 1. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during his or her periods of custody. The ponies shall ensure that third parries having contact with the Child comply with this provision. 12. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the &ee and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /a/ ~~,.,.. , /'. /~Ju.w4., d ar B. yley~~ cc: bfonica Baturin, Esquire -Counsel for ivlother Diane S. Baker, Esquire -Counsel for Father h Tr,;timrtm/ ~x~'ieiclf, - h?:~: tt;~ta :a.:,; ,:'s:1 dC~ ilto £•'.ul vi 73i~i hf.~_-, ~: '~<:ii;:?. ~`':. this :11.«.~d~:/ ct.(~~a ~.~ Prothonotary JOANNELEPI', IN '1'118 COURT OP COMMON PLEAS Plaintitl%Rcspondcnt CUMBERLAND COUNTY, PENNSYLVANIA vs. Nn.: 95-0547 CIVIL'I'ERM ALFRED A. WI IITE, II CIVII. ACTION - AT LA W DcfendanUPctitioner IN CUSTODY I verify that the statements made in Pluintifl's Response to Defendant's Petition for Conternpt/Madification of Custody are true and correct to the best of my knowledge, information and belief. I understand that false slatcments herein arc subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authoriUcs. ~ (SEAL) Dated: May 9, 2002 JOANNE ZEPP, IN "f1lE COURT OI~ COhIMON 1'LGAS Plaintiff/Respondent CUMDGRLAND COUNTY, PENNSYLVANIA vs. Nn.: 95.0547 CIVIL'1'ERM ALFRED A. WlII'I'E, II CIVII. AC'T'ION - A'I' LAW DcfendandPetilioncr IN CUS'T'ODY I, Monica E. Raturin, Esquire of tlic law oflices of Daturin & Daturin, do hereby certify that I served a true and corcect copy of Plaintiffs Response to Defendant's Petition for Contempt/Modification ofCustody upon Defendant by depositing same in the United States Mail, Harrisburg, Pennsylvania, by regular, first class moil, postage pre-paid, addressed as follows: Diane Sommers Daker, Esquire P.O. Dox 6443 27 South Arlene Strce1 Harrisburg, PA 17112-0443 (Attomey for Defendant) Respectfully submitted, DATURIN & DA'fURIN Dy_ ICS ~ ~ . j Mon ea G. Duturin, Esquire Attomey LU. No.: 73356 717 North 2"' Street f Inrrishurg, I'A 17102 (717) 234 2427 (Attomey tier Plnintift) Dated: May 9, 2002 a ,. ~; ,- ~ , .._: :, _ , , ., ,:. p JOANNE ZEPP, : IN THE COURT OF COMMON PLEAS Flaintiff/Respondcnt, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.95.0547 CIVIL TERM ALFRED A. WHITE, II :CIVIL ACTION -LAW Defendant/Pctitioner :CUSTODY ANSiVER TO COUNTERCLAIM AND NOW, comes the Defcndant/Petitioner,Atfred A. White, l[, by and through Iris attorney, Diane S. Baker, Esquire, and answers the Counterclaim as follows; 14. The nverrnents of Paragraphs 1 through 13 of the Petition for Contempt/Modificntion of Custody are incorporated herein by reference. 15. Denied. It is denied that Potitioner is in contempt of the Order of Court dated June 10, 2002 and/or the Order of Court dated October 22, 2001 and it is specifically denied ns follows: n. It is denied that the baptism of the child was without the input or consent of Respondent. Byway of further answer, Respondent knew that tiro child was attending a "Creation Festival" in June of 2002 and that baptism is a common port of the event. Proof to the contrary is demanded at trial. b. It is denied that the Petitioner has placed the minor child in religious training without Respondent's input or consent. By way of further answer, Petitioner has always taken the minor child to church and has attended church camp in lire summer and was actually signed up for the camp by Respondent. Proof to tie contrary is demanded nt trial. •n-.~ l6. No response required. 17. Denied. It is denied that Petitioner leas failed to follow tlirougli on the recommendation of Doborah Salem, CAC, LPC, regarding participation with Dylan in a group clinic. By way of furtlicr answer, Petitioner signed up for the clinic on February 28, 2003 but on April A, 2003, lie was contacted by Deb Salem and was told that the sessions had been temporarily postponed because of lack of participation. Proof to the contrary is demanded nt trial. 18. Denied. It is denied that Petitioner has on any occasion negatively influenced the minor child or encouraged the child to misbehave while in Respondent's custody. Proof is demanded nt trial. 19. Denied. It is denied that Petitioner has on nny occasion been disrespectful or threatening to Rospondent (incorcectly identified as Petitioner in Respondent's pleading) during tho child's activities. By way of further nnswer, Petitioner nvoids all contact with tho Respondent and specificnlly requests an nmendment to the current Custody Order setting forth that custody exchanges tako place at school and/or daycare as often as possible instead of at Respondent's residence. Proof to tho contrary is demanded ut trial. 20. Denied. It is denied that Petitioner has ever encouraged the minor child to be disrespectful to Respondent. It is specifically denied that lio has over suggested to tho child that Respondent is too weak to handle him ar that a womnn's plnco is to servo her husband. By way of further answer, Petitioner has no knowledge or information as to where the child is teaming such disrespectful behavior. Proof to the contrary is demanded at trial. 2l, Denied. It is denied tlmt Petitioner has on any occasion over been physically abusive of the minor child and it is specifically denied that lte has ever thrown the child against n wall or smacked him in tho head. Proof is demanded nt trial. 22. Denied. It is denied that Petitioner retains clothing belonging to the RospondenL By way of further answer, it is Respondent who deliberately has the child dressed for sporting practice for the Wednesday evening visits thus requiring tho Petitioner to provide an additional set of clothing in which to return the child to Respondent, Proof to the contrary is demanded at trial. 23. Denied, It is denied that Petitioner has ever forwarded self-serving and/or false a-mails to Respondent. By way of further answer, Petitioner avers that all a-mails sent to Respondent have been for the purpose of discussing the minor child and to the contrary, it is Respondent and her boyfriend that often send Petitioner a-mails that are hostile and slanderous. Proof to the contrary is demanded at trial 24. Denied. It is denied that Petitioner has failed to ensure that the minor child completed homework as required by school. By way of further answer, Respondent purposely refuses to provide Petitioner with information about the minor child's homework and thus, he is unable to assist the child with homework. Proof to the contrary is demanded at trial. 25. Admitted, It is admitted that on approximately one or two occasions, Petitioner has forgotten to provide the minor child with lunch money. 26, Admitted in part and denied in part. It is denied that Petitioner refuses to communicate with Respondent. It is admitted that Petitioner purposely has little or no communication with Respondent's significant other as said significant other should not ,^ be involved in parenting decisions. By way of further answer, Petitioner avers that Respondent has purposely encouraged the child to be involved in sports activities that can be coached by her significant other in an attempt to circumvent Petitioner. Proof to tlrc contrary is demanded at trial. COUNT II -COUNSEL FEES, EXPENSES AND COSTS 27. The averments of Paragraphs 1 through 26 are incorporated heroin by reference. 28. Denied. It is denied that Petitioner has ever attempted to undermine Respondent's authority with the minor child and it is further denied that he Iras ever filed frivolous pleadings that constitute obdurate, vexatious or dilatory behavior. By way of further answer, Petitioner specifically avers that it is Respondent wlro has made continued efforts to undermine Petitioner's authority with the minor child and to sabotage his relationship with the child. Proof to the contrary is demanded nt trial.. 29. No response required. By way of further answer, to the extent a response is required, Petitioner specifically avers that his motivation for obtaining primary physical custody of his minor child is to provide for the best interests of the child and is unrelated to his child support obligation. Proof to the contrary is demanded at trial. 30. No response required. To the extent a responso is required, it is denied that Petitioner's behavior is irrational or aberrant and it is further denied that an individual evaluation by a psychologist or psychiatrist on him is appropriate. By way of further answer, Petitioner specifically avers that it is Respondent's behavior that is irrational and aberrant and requires evaluation by n trained psychologist or psychiatrist. , Petitioner specifically requests that the parties all participate in a psychological evaluation to determine the best interests and welfare of the child. Proof to the contrary is demanded at trial 31. No response required. WHEREFORE, Petitioner respectfully requests this Honorable Court issue an Order directing that primary physical custody of the minor child, Dylan, be with Petitioner, Alfred A, White, II, with Respondent having periods of partial physical custody. Petitioner further requests that the Court deny Respondent's claim for counsel fees, costs and expenses and grant Petitioner's claim for counsel fees, costs and expenses. Respectfully submitted~~~r^-.,~ 1. % ' ~/'~ B J'~J Diana S. Baker, Esquiro i.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 `'= u~~1_Q~ r DATE: :: :3 ~~ !,, ~rN j'{-s 5 ~~~ ?4i ', IIII' VERIFICATION I verify that the statements made in this Answer to Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. ~? '- ALFRED A. WHITE, II e CERTIFICATE OF SERVICE I hereby certify that on Uiis _~ day of ~ ~ i ~ 2003, a true and correct copy of the Answer to Counterclaim was served on the following person by United States Mail, postage prepaid, addressed ns follows: Charles Rector, Esquire 1104 Femwood Avenue Suite 203 Camp Hill, FA 17011.69(2 j ~i, 1. Diane S. Baker, Esquire Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 ~` r f' ~ ~ C ~ 1'" ~~ ! f.l C' - ' Ip ~ 7 JOANNE ZEPP, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. ; N0.95-0547 CIVIL TERM ALFRED A. WHITE, II, :CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY NOTICE TO PLEAD To: Alfred A. White, II c/o Dlane Sommers Baker, Esquire 27 S. Arlene Street P. 0. Box 6443 Harrisburg, PA 17112-0443 Yau are hereby notified to file a written response to the enclosed Answer and Counterclaims To Petition for Contempt/Modificatlon of Custody within twenty (20) days from service hereof or a judgment may be entered aga(nst you. 1104 FemwoodlAvdnue, Ste. 203 Camp Hill, PA 17011.6912 (717) 761-8101 Attorney for Plaintiff/Respondent Date: .3 ~+' 0 3 I JOANNE ZEPP, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. N0.95.0547 CIVIL TERM ALFRED A. WHITE, II, :CIVIL ACTION -LAW Defendant/Petilioner : IN CUSTODY ANSWER AND COUNTERCLAIMS TO PETITION FOR CONTEMPT/MODIFICATION OF CUSTODY AND NOW, comes the Plaintiff/Respondent, JoAnne Zepp, by and through her attorney, Charles Rector, Esquire, and tiles the following as her Answer and Counterclaim to Petition for ContemptlModiflcation of Custody: NA SWER 1.-4. Admitted. 5. Dented. It is denied that Respondent resides with Kevin Nelson and proof thereof is demanded at the time of lrlal. 6. Admitted in part and dented In part. The respective dates and addresses of the primary residences of the minor child are admitted except that it is denied that Felicia Zepp, age 19, resides with Respondent. By way of further answer, Felicia moved out of the home In July 2002. It is further denied that Kevin Nelson resides at the home and proof thereof is demanded. By way of further answer, Kevin Nelson maintains a bona fide residence in Cumberland County. 7. Admltled. 8. Admitted in part and denied in part. It is admitted by Order of Court dated June 10, 2002, that the parties were directed to cooperate with family counseling with Deborah Salem, CAC, LPC. It Is dented that despite family counseling the parties have been unable to Improve their co•parenting arrangement and proof thereof Is demanded. Byway of further answer, despite every attempt by Respondent to fulfill the continuing requirements of counseling, including participation of the minor child in recommended arrangements, Petitioner continues to obstruct Improvement with and participation in the counseling. 9. Denied. Paragraph 9 constitutes a series of Iegai conclusions which require no answer and are deemed denied. To the extent that any further answers are required, It is denied that Respondent has fa(led to provide Petitioner with school reports andlor standardized test scores andlor notices or information about homework or school projects and proof thereof is demanded and the same are deemed denied. It Is further dented that Respondent schedules the minor child for extracurricular activities during Petitioner's periods of partial custody without his Input or consent and proof thereof (s demanded and the same Is deemed denied. It Is likewise denied that Respondent has failed to provide Petitioner with timely information of medical appointments andlor medical Issues and proof thereof Is demanded and the same are deemed denied. To the extent that any further answers are required, Respondent has, in good faith and on all occasions, advised Petitioner of all relevant Information required by Paragraph 3 of the Order of Court dated June 10, 2002, with respect to legal custody. 10. Denied. Paragraph 10 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer Is required, it is denied that Petitioner's beliefs regarding the best Interests and welfare of the minor child, with respect to shared physical custody, are Informed or otherwise rational and A proof thereof Is demanded, Petitloner has consistently demonstrated Inability to act appropriately with respect to the best Interest end permanent welfare of the minor child and has exercised questionable Judgment as outlined in the Counterclaim below. 11. Admitted, 12. Admitted, 13. Dented. Respondent is without sufiiclont Information to form a bel(ef as to the truth of the averments contained In Paragraph 13 and proof thereof is demanded and the same are deemed denied. WHEREFORE, Respondent respectfully requests that your Honorable Court deny Petitioner's Petition for ConlempUModification of Custody Petition with preJudlce. COUNTERCLAIM Count 1- Contemot 14. Paragraph 1 though 13 above are Incorporated herein by reference as if set forth In full. : I 15. Petitioner is In contempt of the Order of Custody dated June 10, 2002, (Paragraph 3) and/or Order of Custody dated October 22, 2001, (Paragraph 2 and Paragraph 12) (See Exhibits "A"and "B" attached hereto and made part hereof) in that: a. Petitioner had the minor child baptized during his exercise of temporary , physical custody from June 21.30, 2002, without the Input or consent of Respondent b. Petitloner has placed the minor chid In religious training without Respondent's input or consent 16, Paragraph 12 of the Order of October 22, 2001, reads in pertinent part that: "Neither parent shall do or say anything which may estrange the Child from the other parent, InJure the opinion of the Child as to the other parent, or hamper the tree and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision:' 17. Respondent believes and therefore avers that Petitioner has felled to follow through with the recommendations of Deb Salem, CAC, LPC regarding the parties participation with Dylan In the group clinic. 18. The Petitioner has, on many occasions, negatively Influenced the minor child's behavior which resulted in the child misbehaving while in Respondent's custody and then pan'oting his father's statements that if disciplined, he will "tell the judge he wants to Ilve with his father week on and week off." 19. In the presence of the minor child, Petitioner has, on multiple occasions, ' been disrespectful and threatening to the Petitioner during Dylan's activities. 20. The minor child, on mult(ple occasions, has parroted his father's comments regarding Respondent and the child has stated to Respondent "you are too weak to handle me"and that "a woman's place Is to serve her husband," 21. The Petitioner has, on multiple occasions In the past, in uncontrollable fits of rage and anger, grabbed the minor child and thrown him up against a wall and ' ; ~ smacked him about the head. 22. In an effort to be unreasonable and spiteful with Respondent, Petitioner has, in the past, retained all of the clothing which Respondent provided for the child ^ ,. during his visits with Petitloner and Petitioner refused to return any of the clothing to Respondent. 23. In an effort to cont(nue to undermine Respandent/Molher's authority with the minor child and with Deb Salem, CAC, LPC, Petitioner/Father continues to forward self-serving and patently false emails to Respondent/Mother. 24. Petitioner has, in the past, failed to Insure that the minor child completed his homework as is required by the school. 25. Petitioner has, in the past, failed to provide the child with lunch money for school. 26. Petitloner continues to have little to no communication with Respondent and her significant other regarding the minor child and has recently admitted purposely excluding the child from activities because Respondent's significant other Is present. Count 11-Counsel Fees. Exoenses and Costs 27. Paragraph 1 though 26 above are Incorporated herein by reference as if set forth in full. 28. Petitioner's continued efforts to undermine Respondent's authority with the minor child and his filing of an otherwise frivolous pleading, constitutes obdurate, vexatious and dilatory behavior which supports the award of wunsel fees to Respondent. 29. .Respondent believes and therefore avers that Petitioner's custody petition Is motivated by his singular goal of reducing his child support obligation. 30. Respondent believes and therefore avers that Petitioner's behavior is irrational and aberrant and requires evaluation by a trained psychologist or psychiatrist. 31. Respondent has Incurred slgnl0canl counsel fees In preparation of this Answer and Counterclaim, which counsel tees will likely Increase it wntlnued litigation occurs. WHEREFORE, Respondent, Jo Anne 2epp, respectfully requests that Petitioner be found In contempt, that Petltloner be ordered to pay Respondent's counsel fees and that the current Orders of Court be modified to provide Respondent/Motherwfth primary physical custody of the minor child during the school week w(lh periods of temporary physical custody to Petltloner/Father only on alternating weekends, holidays, etc. RESPECTFULLY 1104 Fernwo enu'e, Ste. 203 Camp Hill, P 1 11.8912 (717) 761-8101 Attorney for Plaintiff/Respondent Dale: 3 J ~/off :,17 I verity that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: ~iuN t~zon2 • JOANNE ZEPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs' 95-547 CIVIL ACTION LAW ALFRED A. WHITE, II, , Defendant IN CUSTODY ORDER O~ COURT AND NOW, this _w day of consideration of the attached Custody Conciliation Report, ~ is o dered and directed as tollo 002, upon 1. The prior Order of this Court dated October 22, 2001 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of counseling with Deborah L. Salem, MHS, CAS, or other professional selected by agreement of the parties and counsel. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall attend a minimum of 4 joint sessions with the counselor and lhereaRer shall follow the counselor's recommendations with regard to the frequency and duration of counseling. All costs ofcounseling shall be shared equally by the parties. 3. The parties shall share having legal custody of Dylan B. Zepp, born January 8, 1992. The parties agree that major decisions concerning their Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, nfier discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Child. Each party agrees not to attempt to alienate the affections of the Child from the other party, Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. Wilh regard to any emergency decisions, which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and, full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 4. Paragraph 9 of the October 22, 2001 Order is replaced with the following provision: In the event either party is unavailable to provide care for the Child fora 5 hour period or longer during his or her periods of custody, that party shall first contact the other party to offer the opportunity to provide the care before contacting third party caregivers. The parties agree that thjs provision shall not anent is is making arrangements fo t~ce Child to visit relatives when that p '.f Father in the event she makes arrangcrnents for apply when a Ply other agrees to notify otherwise available. 'fhe M without Wednesday ~•- thc Child to visit the Father's relatives. ted weeks of custody with the Child each year upon providing at least 30 days advance g, The Mother shall be entitled to have 2 unintcrrup evening periods of partial custody) ~ of the notice to the Fadrer. Urc Mother shall have custody or in the event both parties are working. The (, On non-major school holidays and in-service days, sand in-service days when the ~i Child either in the event the Mother is not working of the Child on non-major school holiday Father shall have custody the other Mother is working and the Father is off work. art shall assume that an E-Mail communication has been received by ~• Neither p y ~ receives confirmation of receipt from the other party. Concilintion party unless the sending P Y eenrent of the parties at a Custody g, This Order is entered pursuant to an agr mutual consent. In the absence of Conference. The Parties may modify the provisions of this Order by mutual consent, the terms of ih~s Order shall control. BY THE COURT, s ~' J. E gar B. ayley, cc: Monica E. Batunn, Esquire -Counsel for Mother Diane S. Baker, Esquire-Counsel for Fathec m Ta!:11monY wh~:ru.~t, I he• u ur~tu :Nt m)' hand and ifis cr~,i of ~.11~1(o~F zt C•s~11 {e, Pa. C G acez ihirl:~ s~ day c. y-__•..~-_. --~-`y-r~ ` - Prothrmotar~ JOANNE ZEPP, Plaintiff vs. ALFRED A. WHITE, II, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COiJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-547 CNIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE tiVITH CUMBERLAND COUNTY RULF. OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation Is ns follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF I Dylan B. Zepp January 8, 1992 Mother 2. A Conciliation Conference was held on June 4, 2002, with tho following individuals in I attendance: The Mother, Joanne Zepp, with her counsel, Monica E. Baturin, Esquire and ll-o Fathor, Alfred A. White, II, with his counsel, Diane S. Baker, Esquire. 3. The parties agreed to entry of an Order in the form as attached. du~P S. ~DO~}- 'i r'~ G4~ Date Dawn S. Sunday, Esquiro Custody Conciliator JOANNE ZEPP, : IN TfiE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : 95-547 CIVIL ACTION LAW ALFRED A. WFIITE, II, , Defendant IN CUSTODY 012DER OF COURT' AND NOW, this d ~,~,,~! day of Q~~/,,. , 2001, upon consideration of tl:c attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 24, 1997, is vacated and replaced with this Order. 2. The Mother, Joanne Zcpp, and the Father, Alfred A. White, 1I, shall have shared legal custody of Dylan B. Zepp, born January 8, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding leis health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on altcmating weekends from Friday at 5:00 p.m. tl:rougl: Monday rooming before school or daycare. In addition, the Father shall have custody every week from Wednesday al 5:00 p.m, through Thursday before school or daycare. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Evc at 4:00 p.m. tl:rougl: Chrismas Day at 4:00 p.m., and Segment B, which shall run from Christmas Day at 4:00 p.m. through December 30'h at 4:00 p.m.; and Segment C, which shall run from December 30 at 4:00 p.m. through January 1" at 4:00 p.m. In odd numbered years, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segment B. In even numbered years, the Mother shall have custody of the Child during Segments A and C and the Father shall have custody during Segment B. D. THANKSGIVING; The Thanksgiving holiday shall run from the Wednosday before... Thanksgiving at G:00 p.m. through the Monday aRer Thanksgiving at 6:00 p.m. The Mother shall have custody of the Child over Thanksgiving in even numbered years and the Fnlher shall have custody in odd numbered years. ?. !! C::C?il~^.i ~1 ~. s: ,; r'; . i, ,.,.....,.,..~- ._.__ ...~..--- _ _ ,~..~,w C. EASTER: The Easter period of holiday custody shall run from the Thursday before Easter at G:00 p.m. through the Monday following Easter at G:00 p.m. Tltc Mother shall have custody of the Child over the Easter holiday in even numbered years and the Falhcr shall hove custody in odd numbered years. D. MF,IVIORIAL UAY/LA[IOR DAY: 'fhe Memorial Day and Labor Day holiday periods of custody shalt run from the Friday before the holiday at G;00 p.m. Through the day of the holiday at 7:30 p.m. In add numbered years, the Father shall have custody of the Child over Memorial Day and the Mother shall have custody over Labor Day. In even numbered years, the Mother shut) have custody of the Child over Memorial Day and the Falhcr shall have custody over Labor Day. E. JULY 4T°: The July 4'h holiday shall run from 9:00 a.m. on July 4'h through July 5'h before daycaro. The Father shall have custody of the Child over the 7uly 4~h holiday in odd numbered years and the Mother shall have custody in even numbered years. F. The holiday custody schedule shall supersede and take precedence over the regular custody schcdulc. G. The Father shall be entitled to have custody of the Child for three uninterrupted nine day periods of custody during each summer school vacation upon providing notice to the Mother by Mny 1" of each year. The parties shall exchange custody on both the first and last day of the Father's vacation periods of custody.. at 6:00 p.m. 'fhe Father shall schcdulc his first period of custody under this provision in June, his second period in July and Itis third period in August. The Father's period of custody in August shall be scheduled to end prior to one full week before the beginning of the school year. 7. With the exception of exchanges of custody which lake place at school or daycare, the party receiving custody shall be responsible to provide transportation for the exchange unless otlrcnvise agreed between the parties. 8. In the event cithcr party requests un adjustment to the custody schcdulc, no change shall be considered to be foal unless the requesting party receives a consenting response from the other party. 9. The custodial party shall cooperate in making the Child available to the other party in the event the custodial parent will be unavailable for an extended period of time during Itis or her period of custody. 10. In the event cithcr party intends to relocate his or her residence outside the school district in which the Child is enrolled, that party shall provide at least GO Jays advance notice to the other party to enable the parties to make necessary changes to the custody arrangements tither through agreement or the legal process. 11. Neither party shall drink alcohol to the point of intoxication ar use illegal drugs during his or her periods of custody. The parties shall ensure that third ptulies having contact with the Child comply with this provision, 12. Neither parent shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the fret and natural development of the Child's lout and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions oC this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TfiG COURT, dba~yley, r ' ~• cc: Monica Baturin, Esquire -Counsel For Mother Diane S. Baker, Esquire -Counsel for Father Tf{UC CQ}~'1' 1=~t•~ta": ~~G~Rt~ In Trlstimnrn/ tYhere~,f. I hate urtt~ ea ny hand -;:;'; zr.~ lha anal of s: id t'r,~:!it ~: Cz~tc.'•~. i~~. fhis aa,,..~day at (9~G.._. ~.ti f~rothonawry JOANNE ZEPP, Plaintiff vs. ALFRED A. WHITE, II, Defendant PRIOR JUDGE: Edgar I3. Bayley : IN TFIE COURT Of COMMON PLEAS OF CUMDERLAND COUNTY, PENNSYLVANIA 95-547 CIVIL AC"['ION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE 1VITl1 CUM[3ERLANU COUNTY RULE OR CIVIL PROCEDURE 1915.)-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 OR 131R'I'll Dylan B. Zepp January 8, 1992 CURREN'T'LY IN CUSTODY 06' Mother 2. A Conciliation Conference was held on October IG, 2001, with the following individuals in attendance: The Mother, Joanne Zepp, with her counsel, Monica M. E3uturin, Esquire and the pother, Alfred A. While, II, with his counsel, Diane S, baker, Esquire. 3. The parties agreed to entry of an Order in the torn: as attached. Dntc Dawn S. Sunday, Esgwrc Custody Conciliator C7 4'_ ~'7 . a ('~ . n ~, .~ ~i i:~r, ,~ ~i "~' s U lift) - ' : ._ _ 1~ ~ to 1 r~ : r~ c ' n ~ ~ . .t •~ ~~ t~ : '• F _ ~1 1 ' '~ ~i~ ~ ~ v JOANNE ZEPP IN'I'I Ili COURT OI~ COMMON PLEAS OI~ PLAIN7'Ifp ~ C'UM131iItl.AND COUN'I'Y,1'ENNSYI,VANIA V, 95-547 CIVILAC'I'IONI.AW ALPRGD A. WHITE, II DGPGNDANT IN CUSTODY ORDER O1~ COURT AND NOW, Wednesday, May O8, 2002 ,upon consideration of the attache) Complaint, it is hereby dircctcd that parties and their respective counsel appear before Dawn s. Sundoy, Esq. ,the conciliator, at 39 West Maln Street. dicchanlcsburt;, PA 17055 on Tuesday, May 28, 2002 at 10:00 AM for aPre-Flcaring Custody Confcrcncc. At such confcrcncc, un effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to dc6nc and narrow the issues to be heard by the court, and to enter into u temporary order. All children age five or older may also be present at the confcrcncc. I~uilurc to appear at the confcrcncc may provide grounds for entry of a temporary or pcmrancnl order. The court hereby directs the parties In furnish any mul nil esisting Protectlnn from Abuse orders, Special Rcllef orders, and Custody orders to the cancfllator 48 hours prior to schedule) hearing. 1'OR'I'I IC CUUI2T, uy: Isl Dawn S. SrntdgY, Esq. ~nr Custody Conciliator ~r The Court of Common Picas of Cumberland County is required by law to comply with the Americans with Disnbilites Act of 1990. por 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 Icast 72 hours prior to any hearing or business before the court You must attend the scheduled confcrcncc or hearing. YOU SHOULll TAKE TI31S PAPGR'I'O 1'OUIt A'I'1'ORNEY A'I' ONCE. II' YOU UO NO'f HAVE AN ATPORNEY OR CANNOT AI'FORU ONE, GO'I'O OR'1'ELEPIIONE'I'FIE Op1~ICE SGT pORTH BELOW TO t:INU OUT WFIGRIi YOU CAN Gli'I' LIiGAI. IIIi1.P. Cumberland County liar Association 2 Libcrly Avenue Carlisle, Pennsylvania 17011 'I'clcphonc (717) 249-31GG (~ r:r,,.,~,,: :::I: r~ '(iUNY Ct.~?,t~~;:r,u~: i,i ,~~;~,wn~ r'~r:,vsnar~,rd~! -s9~o,~ s~~.oa ~ ~.~, oa ~ ~'~ ~ may' ~~~~ ci m a ~ ~ a Ill ~ N x ~ Q o o f0 a w o ~ W Q w 0 < ~ G ~ d ~.~ d > > ~ O $ umi ~ ~ g Z N Q Q = ' S ^ • . ~ MNY 0 ft 70(17 `I JOANNE ZEPP, v. IN TI-fE COURT OF COMMON PLEAS Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA ALFRED A. WHITE, Il, Defendnnl N0.95-0547 CIVIL TERM : C[VIL ACTION -LAW : IN CUSTODY ORDER OF COURT AND NOW, ,upon consideration of the attached Petition for Contempt/Modificntion ofCustody, it is hereby directed that the pnrties and their respective counsel nppenr before the conciliator, at on the day of , 2002, nt m., for aPre-Hearing Custody Conference. At such conference, nn effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow tltc issues to be heard by the court, and to enter into n temporary order. All children age five or older may also be present at the conference. Fnilure to appenr nt the conference mny provide grounds for entry of n tetnpornry or permanent order. FOR THE COURT, By: Custody Concilintor T1u Coun of Common Pleas of Cumberland County is required by law to comply with the Amcricnns with D(sabilitics Act of 1990. For infomrntion about accessible (acilitics and reasonable acconuuodatlons available to disabled individuals Imving business before the court, please contact our onicc. All nrrnngcmctris mull be made at Icast 72 hours prior to any hearing or buslncss before the court. You must offend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 1-IELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 1-800-990-9108 , JOANNE ZEPP, : IN TFIE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, I'GNNSYLVANIA v, : NO, 95-0547 CIVIL TERM ALFRED A. WHITE, II, :CIVIL ACTION -LAW Defendmit/Petitioner IN CUSTODY PETITION FOR CONTEMPT/MOD/FICAT/ON FOR CUSTODY AND NOW comes Petitioner, Alfred A. White, II, by his attorney, Diane S. Baker, Esquire, and files this Petition for ContempUModification of Custody, based upon the following: I. Petitioner, Alfred A. White, II, is nn adult individual residing nt 5022 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, JoAnne Zepp, is nn adult individual residing at 7b07 Snlem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. Respondent is represented by Monica Baturin, Esquire. 3. Petitioner is the natura(father of the minor child. Ho is single. 4. Respondent is the natural mother of the minor child. She is single. 5. The parties appeared for a custody conciliation on October 16, 2001 before Dawn S. Sunday, Esquire, Custody Conciliator. At the custody conciliation, un Order was entered wherein the parties agreed to share legnl custody of the minor child with Mother retaining primary physical custody and Father having partial physical custody to include alternating weekends from Friday until Monday and every Wednesday overnight. The Custody Order dated October 22, 2001 also includes at Paragraph 9 a provision to allow for "the right of first refusal" in the event that the custodial parent is unavailable for an extended period of time during his or leer period of custody. This provision was added at the request of the Petitioner. 6, Since the Custody Order was entered on October 22, 2001, Respondent has refused to nbide by the "right of first refusnl" provision set forth in Paragraph 9. Petitioner has attempted to discuss this matter with Respondent by c-mail and through counsel, however, Respondent continually states that she aced not abide by that provision ns slte believes tltnt the provision refers to "weeks nt n time not n day or two" as the definition of extended. Sec letter front Respondent's counsel dated Mnrclt 26, 2002, n copy of which is attached hereto and marked ns Exhibit A and incorporated herein by reference. 7. Petitioner believes, and therefore avers, tltnt the intention of the Order is that he be given the right of first refusal if the Respondent is unavailable to care for the child for several hours. 8. Since the Order was entered, Respondent has refused to contact the Petitioner and instead Itas allowed other individuals to provide care for the child for the entire day on the following dates: December 21, 2001; December 27, 2001; one day during the week of Marclt 8, 2002; and an overnight on January 7, 2002. 9. Petitioner avers that Respondent is in contempt of the current Order for failure to comply with Paragraph 9. 10. Plaintiff does not know of a person not party to the proceedings wlto has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. 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. 12. As a result of Respondent's contemptuous behavior, Petitioner has incurred attorney's fees to date in the amount of four Hundred ($400.00) Dollars for correspondence with counsel and filing of the within Petition. Petitioner has also incurred a filing fee in the amount of One Hundred ($100.00) Dollars. 13. Petitioner requests that the current Custody Order be modified and tltnt the Respondent be held in contempt for failure to abide by the temts of the Order dated October 22, 2001 and be directed to pay sanctions, court costs, nttd attontey's Pecs. s•' r: 14. Petitioner requests that the current Custody Order be modified and primary physical custody be transferred to hlm because of Respondent's continuing refusal to allow Petitioner to exercise his custodial rights and failure to recognize that the Father/Son relatimiship is important to the best interests of the child. WHEREFORE, Petitioner requests Your Honorable Court issue mr Order finding the Respondent in contempt, directing her to pny sanctions, counsel fees, cos-s and expenses and transferring primary physical custody of the minor child to Petitioner. DATE: ti t~-2 f ,~ Dia ker, Esquire upreme Court ID N53200 27 Soutlr Arlene Street Post Office Iiox G443 Harrisburg, PA 17112-0443 (717)671-9600 JOANNE ZEPP, IN TIiG COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.95-0547 CIVIL TERM ALFRED A. WHITE, 11, :CIVIL ACTION -LAW DcCendant/Petitioner IN CUSTODY VERIFICATION I verify that the statements made in this Petition arc true and corrccL I understand that false statements herein are made subject to the penalties oC 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ALFRED A. WFIITE, [I ^ .- , tow orncfs FLOYD M. BATURIN MADELAM! N. BATURM MONIG E. BATURIN HARRY M. BATURIN•) •LLM. N TA%ATN3N BATURIN 8 BATURIN 717 NORTH SlCOND STREW HARRISaURO, PBNNSYWANIA !7102 i , .. TELEPHON! (717) 234.2477 PAG50AL!(717)2344844 M. S. OATURM (IBBI•IOBB) March 26, 2002 (nLSO nDwrTlD ro »le enR Durwcr or coLUwin Diane Sommers Baker, Esquire P.O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 Re: Joanne Zepp -Alfred A. White, II ('nse No.' 95_p547• in CC 1lstady. Dear Ms. Baker; I am in receipt of your correspondence dated March 21, 2002, regarding the above-captioned matter and can now respond after having had the opportunity to review the contents of same with our client Joanne Zepp. Firstly, Ms. Zepp was discouraged and dismayed that Mr. White is seemingly opposed to their son briefly visiting with Dylan's paternal grandparents, every few months, and strongly objects to the notion that Ms. Zepp has violated the above Custody Order in any way. . Secondly, there is nothing in the present Custody Order whatsoever that prevents Dylan from spending a day with his grandparents, or any other close family relatives, for that matter, when in the physical custody of one of his parents. The concept of the "Right of First Refusal;' was not written into the Order, as you should recall, because we opposed ih however, for the sake of compromise and in order to work together for the best interest of Dylan, we allowed the language of Paizlgraph Nine, which reads as follows; "The Custodial parent shall cooperate in making the child available to the other party in the event the custodial parent will be unavailable for an extelyded period of lime. When we were discussing this paragraph, the conciliator Dawn Sunday was referring to weeks at a time, not a day or two, as the definition of "extended;' Unfortunately, I made several attempts by telephone to contact you after our conciliation on October 16, 2001, to discuss a separate item that was of a concern to Ms. Zepp regarding the Custody Arrangements and Hover received a return call from you. Perhaps, that would have been the time to also define the word "extended" before the Order was finalized, especially if your °- clienthad some doubts as to its moaning or could potentially forget its intended purpose. "1:R11101'I' A" To conclude, Ms. Zepp believes that it is healthy and in the best interest of her child to allow Dylan to visit with his relatives, especially iFDylan expresses a. strong desire to do so. Of course, Ms. Zepp will call Mr. White first, if she knows that she will be unable to care for Dylan for several days or weeks at a time, and would expect that lVir. White would gladly assume the responsibility of caring for Dylan during the daytime hours without turning Dylan over to someone else's care. (As we recall Mr. White stated at the conciliation conference that he works during the day.) It is our opinion after reviewing yourletter, that it is in fact your client who is not following the "spirit" of the Order. Ms. Zepp has abided by all the terms and conditions of the Order and will continue to do so and states that, by all accounts, Dylan is doing very well with the present custodial artangements. Very truly yours, BATURIN & BATURIN `~t- By: I i~~?'l l ~.a 1. ~vtonica E. Baturin, Esquire MEB/ml cc: Joanne Zepp CERTIpICA"I'E OF SERVICE 1 hereby certify that on this 2 r day of ~[~ r / , 2002, n true and correct copy of the foregoing document was served on -he following persons by United States Mail, postage prepaid, addressed ns follows: Monica E. Baturin, Esquire Baturin &Baturin 717 North Second Street Harrisburg, PA 17102 Respectfully subrr i, .-_ -,'" Diane S. Bnker Supreme Court ID #53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717)671-9600 ~: .:~ ~~ ~ ~ , ., ~~~. ,~, _I_. r.+ t ~. ,,, ~ ~, ,. c• ,: ~~ ~; r C~ .~ JOANNG'l.EPP IN'I'lll: COURT' OF C'OMMUN PI.GAS OF PLAIN'1'll~l; CUMBIiRLAND COl1N'I'Y, PENNSYLVANIA V, 95-547 CIVII. ACTION LA\V ALFRED A. \VIIITG, 11 IN CUSTODY DGfENDAN'P , ORDER OF COURT AND NOW, Nanday Dfarcb 24, 2003 ,upon consideration of the attached Complaint, it is hcrcby directed that parties and their respective counsel appear before Dutrn S. sunday_, Esq_, the conciliator, 'fl+ursday Apr11 17, 2003 pt 8:30 AM11 nl 39 Wcst M1faln Street 111echanlcsburg, PA 17055 on for a Yrc-llcaring Custody Conference. At such conference, nn cl'I'ort will be mode to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into u temporary order. All children uRc live or older maY also be present at the ettnfcrenca I~nilure to appear ut the conference maY provide grounds for entry of a temporary or pcrnument order. The court hcrcby Qlrects the parties to furnish nny and ul1 exlsling Protectimt from Abuse orders, SpCCIAI RCIICf Order9, ailll CII5t0(ly arllCl'S dl thl' l'Oal'Illatllr 48 IIOIIrS I1rI0Y t0 SCIICd11IMI IICarInQ. I~OR'1'lll: COURT. 13y: ~s_ I DR30tt S._S~uttl(ty. Esn Custody Conciliator TTte Court ol'Common Pleas ol'Cumbcrland County is rcyuired by law to comply with the Americans with llisabilites Act of 1990. For inlirrmation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made ut Icast 7? hours prior ut any hcuring or business before the court. You must attend the scheduled conference or hcuring. YOU SIIOULD'I'AKE'I'IIIS PAPIiR'I'O YOUR A'I"I'URNEY A'I' ONCL'. IF YOU DO NOT I IAVG AN A"I-1'ORNIiY OR CANNOT' AhI~ORp ONIs, GO'I'O OR'I'IiLEpI IONE'I'I Ili OI'hICG Sts 1' POR'fll I3ELOW'I'O FIND OUT 1VIIIiRf: YOIJ Cr\N Cill' LGCiAI. IIL•LI'. Cuntbcrland County I)ar Association 3? South I)edtitrtl Street C'arlislc.l'cmtsylvunia 17(113 'I'clephonc (7171"'49-31Gfi ~ .. ;,;, "~ 0 '~ M a a ~ N W ~ °a m ~ o° u)x ~a °•' W a i o ~ f d ~ d = ~ ~ ~ n O $ m ~ ~ ~ N Z Q Q O ' • rir~it ~ 0 2003 ~~ JOANNE ZEPP, Plaintiff/Respondent, vs. ALFRED A. WHITE, II Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.95-0547 CIVIL TERM CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW ,upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2003, at m., for aPre-Hearing Custody Conferenco. 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 n temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please.contact our office. All arrangements must be made at least 72 hours prior to any Ireanng or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FWD OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717 249-3166 1-800-990-9108 __ ,; JOANNE ZEPP, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.95-0547 CIVIL TERM ALFRED A. WHITE, II :CIVIL ACTION -LAW Defendant/Petitioner :CUSTODY PETITION FOR CONTEMPT/MODIFICATION OF CUSTODY AND NOW, comes the Petitioner, Alfred A. White, II, by his attorney, Diane S. Baker, Esquire, and files this Petition to Modify Custody, based upon the following: 1. Petitioner, Alfred A. Whito. II, is an adult individual residing at 5022 East Trindie Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent, JoAnne Zepp, is an adult individual residing at 7007 Sulem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. Respondent was represented in prior proceedings by Monica Baturin, Esquire. 3. Petitioner seeks shared physical custody of Dylan B. Zepp, born January 8, 1992, age 11. The child was born out-of-wedlock. 4. Petitioner is the natural father of the minor child. He is divorced and resides alone. 5. Respondent is the natural mother of the minor child. She is divorced and resides with the minor child Dylan, and her boyfriend, Kevin Nelson. 6. For the past five years, the child leas resided primarily with the following persons and nt the following addresses: 6/97 to 8/97 JoAnne and Felicia Zepp 6820 Spring Road Ron and Peach Harbold Shermnnsdale, PA 8/97 to 9/97 JoAnne and Felicia Zepp 3 Woods Drive Alfred, Donna and Brenda White Mechanicsburg, PA 9/97 to present JoAnne and Felicia Zcpp 7007 Sulem Park Dr. Kevin Nelson Mechanicsburg, PA 7. The curcent custody order, dated Juno 10, 2002, provides that primary physical custody is with Mother and Father has partial physical custody to include alternate weekends, Wednesday evenings, and shared holidays and vacation time 8. The June !0, 2002 Order also directed the parties to cooperate with family counseling through Deborah Salem, CAC, LPC. Despite the family counseling, the parties have been unable to improve upon their co-parenting arrangement. 9. Respondent is in contempt of the curcent Custody Order as she continues to fail to provide to Petitioner copies of school report cards, standardized test scores, notices, or infom~ation about homework and school projects. Respondent schedules the child for extra-curcicular activities during Petitioner's periods of partial custody without his input or consent. Respondent fails to provide Petition with timely information of medical appointments and medical issues. 10. Petitioner believes that the best interests and welfare of the child would best be served by n shared physical custody schedule. 1 I. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to leave custody or visitation rights with respect to the child. ,, 12. 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. 13. Petitioner has incurred attorney's fees and costs in the amount of $400.00 as of the filing of this Petition as a result of Respondent's continual contemptuous behavior. WHEREFORE, Petitioner respectfully requests Your Honorable Court find the Respondent in contempt, direct sanctions and modify custody of the minor child, Dylan Zepp, to a shared legal and physical arrangement. DATE: ~I~2 ~~ Diane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717)671-9600 JOANNE ZEPP, : IN THE COURT OF CObIiVION PLEAS Plotntiff/Respondent, : CUbIBERLAND COUNTY, PENNSYLVANIA vs. : N0.95-0547 CIVIL TERb1 ALFRED A. WHITE, II :CIVIL ACTION -LAW Defendant/Petitioncr :CUSTODY VERIFICATION I verify thot the statements made in this Petition arc true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswont falsification to authorities. --- ---- ALFRED A. WHITE, II CERTIFICATE OF SERVICE I hereby certify that on this ,day of March, 2003, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Madeleine Baturin, Esquire 7l7 North Second Street Harrisburg, PA 17102 Respectfully submitted, i ~~ ~~ ~j i aker Supremo Court ID #53200 27 South Arlene Street P.O. Box 6443 Horrisburg, PA 17112-0443 (717) 671-9600 ,~`/ (~ ~ lYL- _~~..:. ~ ~~~ ~ ~ -_ ._ ;' a ~ - ,~ r.. -~~ .:, . , -, -~ ~~ ~:7 .~ 3 ~ ' ~ ~ ~ a ~n .o ~ Aa ~ o ~ C ~ F~ ° ~ W .u ~ ~~'a ~ ~ c ~ ~ ~ .~ ~ ~ ~ !~ ~ oaf .o ~~~~~ ~ ~ ~ rn ~ ~ A ' ~ ~ Af'R l 0 ?003 Vii-' JOANNE ZGPP, : IN TI IG COURT OF COMMON PLEAS OF Plaintiff CUMQERLAND COUNTY, PENNSYLVANIA vs. )5-547 CIVIL ACTION LAIN ALFRED A. WHITE, II, Defendant IN CUSTODI' ORD6:R OFCOURT AND NOW, this ~ Jay of ~ 2002, upon consideration of the attached Custody Conciliation Report, it is rde ed and di coed as follows: I. The parties shall submit themselves, their minor child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be pcrfonncd by Arnold Shicnvold, PhD. or other professional selected by agrccmcnt of the parties, The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody and related arrangements which will best serve the needs and interests of the Child. All costs of the evaluation shall be shared equally between the parties. The parties shall sign all authorisations deemed accessary by the evaluator in order to obtain additional infornmtion pertaining to the parties or the Child. 2. Pending completion of the custody evaluation and agrccmcnt of the parties or further O~dcr of Court, the prior Order of this court dated June 10, 2002 shall continue in effect. 3, Upon completion of the Custody evaluation, in the event the parties arc not able to resolve all outstanding custody issues by agrccmcnt, counsel for either party nuiy contact the conciliator within sixty days of receipt of the evaluator's written reconuncndutions to schedule nn additional custody conciliation confcrencc. E3Y TIjE COU J. cc: Diane S. Dakcr, Esquire -Counsel for I~ather , Charles Rector, Gsquirc -Counsel for Mother ~bf''`"'' ,r°,,...G.C y. ~ ~~. o i r '- t; i'~ r• cv ti u~'~' _'~ .. •~ ~~. -~._~ ~ t_ ~ rti . i; i Fig ~i_ ! -, ~~: I ::: ., tl. l) v ~~ ~ ... JOANNE ZEPP, Pluintifl' vs. ALFRED A. WFIITE, II, Defendant PRIOR JUDGE: Edgar B. Bayley IN TIIE COURT' OF COMMON 1'LL•AS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-547 CIVIL ACTION LA1V : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE 1VITII CUM11BERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent infonnntion conccming the Child who is the subject of this litigation is as follows: NAMF. DATF. OF [i1RT11 CURRF.NTI.Y IN CUSTODY OF Dylan B. Zcpp Jununry 8, 1992 Mother 2. A Conciliation Confcrcnce was held on April 22, 2003, with the following individuals in attendance; The Mother, Jounnc Zcpp, with her counsel, Chnrlcs Rector, Esquire, and the Father, Alfred A. Wliitc, II, with leis counsel, Diunc S. Baker, Esquire. 3. The parties agreed to entry of mi Order in the form us attached. Date Duwn S. Sunday, Esquire Custody Conciliator 2`." .}__ Q ar f / g W W ~ W O ~ ~ .~ ' '~ o ~ ~ w ~1 ~ ~ ~ C ~ p ~ ~~P rna ~ •`a kl~ a~~ ~~d~ ~ ~3 ~ ~~tn~ ~~ ~ ~ a DEC 31 ,.._ .. JOANNE 7.EPP, vs. Plaintiff ALFRED A. WRITE, ll Defendant .i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . 95-547 CIVIL ACTION LAW 1N CUSTODY ORDER OF COUR7' AND NOW, this ~_ daY of 2004, upon consideration of the attached Custody Conciliation Report, it s order d and directed as follows: 1. The prior Orders of this Court dated April 28, 2003, June l0, 2002 and October 22, 2001 me vacated and replaced with this Order. 2. The Mother, Joanne Zepp> and the Father, Alfred A. White ![ ,shall have shared legal custody of Dylan B. Zepp, born January 8, 1992, The parties agree that major decisions concerning the child including, but not limited to, the Child's, health, welfare, education, religious training and upbringing shall be made by them jointly, n4cr discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Duy today decisions shall be the responsibility of the parent then having physical custody, With regard to any cmcrgency decisions which will be made, the parent having physical custody of the Child at the time of the cmcrgency shall be permitted to make any accessary immediate decisions, However, that party shall inform the other of the emergency and consult with him or her ns soon as possible. Each party shall be entitled to complete information from any doctor, dentist, teacher, professional or any authority concerning the Child and to have copies of any reports given to either party as a parent. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the school year, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody on alternating weekends from Friday immediately alter school through Monday before school, In addition, the Father shall have custody of the Child every week from Wednesday immediately utter school through Thursday morning before school. For exchanges of custody under this paragraph, the Child shall ride the bus to and from the Father's residence before and after school. B, During the sununcr school break each yew, the parties shall share hnving physical custody of the Child on an alternating weekly basis with the exchange to lake place each week on Monday at 8;00 ant. The summer schcdulc shall begin with the Fnthcr hnving custody of the Child on the first Monday aRcr the end of the school ycur. 'I'hc school ycur custody schcdulc shall resume one frill week prior to comntenccmcnl of the school year with the Mother having primary custody and the Father having periods of partial custody. The ahcmuting wcekcnd schcdulc shall begin with the Fulhcr having custody of the Child on the first wcekcnd following the bcgimting of the school year, 4, The parties shall share hnving custody of the Child on holidays us follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segntcnt A, which skull run from inuncdiatcly aRer the end of school before the holiday break through Christmas Day at G:00 pm and Segment B, which shall run from Christmas Day at G;00 pm through New Years Day at G:00 pm. In odd numbered years, the Fnthcr shall have custody of the Child during Scgmcnt A and the Mother shall have custody during Scgmcnt B, In even numbcrcd years the Mother shall have custody of the ChiIJ during 5egmcnt A and the Fnthcr shall have custody during Segment B. B. EASTER: The Easter holiday period of custody shall begin intmcdiatcly aQer school ends bcforc the holiday break through the beginning of school aAer the holiday. The Father shall have custody of the Child over the Easter holiday in oven numbcrcd years and the Mother shall have custody in odd numbcrcd years. C. MEMORIAL DAY /LABOR DAY: In every year, the Mother shall have custody of the Child for the entire Memorial Day weekend from Friday immediately aQer school through Tuesday morning bcforc school. in every year, the Fnthcr shall have custody of the Child for the entire Labor Day wcekcnd from Friday immediately aRcr school through Tuesday bcforc school D, ULY 4t~~: The [ndcpcndence Day holiday shall run from July 3`~ at G;00 pm through July 5'h al 8:00 am. The Mother shall have custody of the Child over the Independence Day holiday in even numbcrcd years and the Fnthcr shall have custody in odd numbered years. E. THANKSGIVING; The Thanksgiving holiday shall run from immediately aQer school on the Wednesday before Thanksgiving through the following Tuesday morning before school. The Mother shall have custody of the Child over thanksgiving in even numbcrcd years and the Father shall have custody in odd numbcrcd years, F. MOTHER'S DAY /FATHER'S DAY: The holiday period of custody shall begin immediately otter school an Friday (or al 4:00 pm if there is no school) and end before school on the following Monday (or at 8:00 am if there is no school), The Mother shall have custody of the Child every year on Mother's Day wcekcnd and the Falhcr shall have custody of the Child every yew on Father's Day wcekcnd. G HUNTING SEASON: The Fulhcr shall have custody of the Child in order to take the Chi1J hunting on the first day of archery season each year from 7:00 pm on the night before through 7:00 pm on the hunting day. hi addition, During the Mother's periods of Thanksgiving holiday custody, the Father shall have the opportunity to lake the Child hunting on the first day of title hunting season from 8:00 pm on the Sunday alter Thanksgiving through Monday at G;00 pm. This provision regarding hunting shall not apply if the Mother takes the Child out of town to visit relatives or for vacation over the Monday following Thanksgiving in even numbered years. }I.OT}IER MONDAY HOLIDAYS / INSERVICE DAYS; The parent who has custody of the Child under the regular altcmating wcckcnd schcdulc shall retain custody of the Child through the Monday school holidays or in-service days luntil Tucsduy rooming before school) following that parent's wcckcnd. I. The holiday custody schcdulc shall superecde and take precedence over the regular custody schcdulc. 5. Subject to the provisions of paragraph G of this Order, all cxchangcs of custody on school days shall take place with the Child riding the bus to and from the Father's residence. Unless otherwise agreed beNvccn the parties, the Father shall provide all transportation for cxchangcs of custody which do not take place on school Jays. G. The Father shall cnsurc that the Child completes all homework assignments which arc due the following day during the Father's periods of custody on days preceding scliaol days. In the event the Child fails to complete homework assignments during the Father's periods of custody as specified in this provision on at least two occasions, the Motlicr's counsel may contact the custody conciliator to schedule a telephone conference. The parties agree that the partial custody schedule shall be adjusted to enable the Child to complete homework assignments at the Mother's residence prior to periods of custody in flit event of the Father's failure to comply with this provision absent extenuating circumstances beyond leis control. 7. In the event the Child is absent from school due to illness and the custodial parent is unavailable to provide care for the Child, the other parent shall be given the opportunity to provide cart for the Child during the other parent's unavailability. 8. The parties shall cooperate with cacti other in discussing and selecting the activities in which the Child will be involved. The Father shall be given the first opportunity to be involved with the Child as a coach, assistant coach or co-participant in activities. Jn the event the Father is involved in this capacity, the Mother's friend, Kevin Nelson, shall not become actively involved in the activity. However, if the Father is not interested in such involvement, then Kevin Nelson shall have the same opportunity for participation as coach, assistant or co-participant. The Father shall take the Child to his judo activity during the Father's alternating wcckcnd periods of custody and the parties shall cnsurc that observation or participation in this activity is restricted to parents only during that time. 9. The parties shall cnsurc that appropriate clothing for the Child is exchanged and returned in a civil and cooperative manner to avoid conflict or cmbarrussmcnt to the Child. 10. In the event either party is wiavnilable to provide cart for the Child for a five hour period or longer during his or her period of custody, that party shall first contact the other party to offer the opportunity to provide the care before contacting third party caregivers. The parties agree that this provision should not apply when a party is making arrangements for the Child to visit relatives when that parent is otherwise available. The Mother agrees to notify the rather in the event she makes arrangements Cor the Child to visit the rnthcr's relatives. l 1. Neither party shall assume that an email communication has been received by the other party unless the sending party receives confirmation of receipt from the other party. 12. In the event either party intends to relocate his or her residence outside the school district in which the Child is enrolled, that party shall provide at least sixty days advance notice to the other party to enable the parties to make necessary changes to the custody arrangements either through agreement or through the legal process. 13. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during his or her periods of custody. The parties shall ensure that third parties having contact with the Child comply with this provision. 14. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the fret and natuial development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 15. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ,• ~ ~~ ,'g~, Edge .Bayley, J. ce: ~iarlcs Rector, Esquire -Counsel for Mother Diane S. Baker, Esquire - Counsel for Father ~ of-a9-off JOANNE ZEPP, IN TIME COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ALFRED A. WHITE, [I Dcfcttdant Prior Judge: Edgar B. Bayley 95-547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE. OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits tltc following report: 1. The pertinent infonnation concenting the Child wlto is the subject of this litigation is as follows: NAME DATF, OF BIRTH CURRF,NTI,Y IN CUSTODY OF Dylan B. Zcpp January 8, 1992 Mother 2. A Conciliation Conference was Itcld on December 22, 2003, with tltc following individuals in attendance: The Mother, Joanne Zcpp, with her counsel, Charles Rcclor, Gsquirc, and the Father, Alfred (Alan) Wltite II, and Itis counsel, Diane S. Baker, Esquire, 3. The parties agreed to entry of an Order in the form us attached, with the exception of the provisions concerning Monday holidays, and the First days of the nrchcry and deer hunting seasons, on which guidance from the Court was obtained pursuant to the parties agreement at the conciliation confcrencc. ~.r...,,.1v~, ~~, ~cr.13 Dale Dawn S. Sunday, Esquir Custody Conciliator s: rr ~= ~: t~~ ~1 ~~ ~_ ~. .. ~U- ~ i. -- Cr,6~l '' ,._ `j; ""i _~' '~~ ~~" c~ lJ (J :. :~ JOANNE ZEPP, Plaintiff vs. ALFRED A. WHITE, ll, Defendant THE COURT Of COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA No. 95-547 CIVIL ACTION - AT LAW CUSTODY PRAECIPF. TO WITHDRAW AND F.NTER APPEARANCES TO THE PROTI-IONOTARY: Kindly withdntw the appearance of Diane S. Baker, Esquire, as attorney for Defendant, , Alfred A. White, II, in the above captioned matter. Dated: .~ ~~ 01" Diane S. Baker, Esquire P.O. Box 6443 27 S. Arlene Street Harrisburg, PA 17112-0443 Telephone: (717) 671-9600 Kindly enter the appearance of Jennn6 B. Costopoulos, Esquire, as attorney for Defendant, Alfred A. White, I[, in the above captioned matter. Dated; r Z ~~ /~ _~ Je n6 B. Costopoulos, Esquire PA Supreme Court ID No. 68735 5000 Ritter Roud, Suite 202 Mechanicsburg, PA 17055 1'clephonc: (717) 790-9546 ~a JOANNE ZEPP, : '!'tIG COURT OF COMMON PLEAS OF Plaintiff : CUMDGRLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, :CIVIL ACTION - AT LAW Defendant :CUSTODY CERTIFICATE OF SERVICE. I, Jeannd B. Costopoulos, Esquire, hereby certify that this day ! served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post OfOce at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Charlie Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 BY: j~~i~ Jean " B. Costopoulos, Esquire PA Supreme Court ID No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790.9546 DATED: z7/s ~l f=J (~ <~ 41 (7 ~~~ -I J 1~) ~~ ., ~,~ 'iC: . ' 1: , ,'; ~~{ .<'. .. =i :J W :,7 ~',j ~" JOANNGL[sl>p IN Tlil: COUIZ'I' OF COMMON PLC:AS OF I'LAINTIFI' C'UMHGRLAND COUNTY, I'[iNNSYLVANIA V• 95-547 CIVIL AC'f1ON LAW ALFRED A. W1111'li, 11 IN CUSTODY DEFIdNDANT olzDr•.It of coulrr AND NOW, Frlda~Mny IJ, 2005 , upon considcrnlion ol'Ihc ntutchcd Complninl, it is hereby directed that parties and their respective counsel nppcnr helitre Unwn S, Sunday, Fsq, ,the cuncilinlor, al 39 West Muln Slrccl Mechunlcsbur~, PA 17055 on Wednesday, Junc 08, 2005 nt 1:00 PM far a Prc•Hcaring Custody Conference. At such conl'crence, nn ctlort twill be made to resolve the issues in dispute; or if this cannot be accomplished, to def inc and narrow the issues to he heard by the court, and to enter into n lentporary order. All children nl;e five or older mnV also be prescnl at the confcrcnce. Failure to appear ut the conterenec mnY provide grounds I'or entry of n temporary or pcrnuutenl order. The court hereby directs the pnrlles to furnish any and all eslstln{; Protection from Abuse orders, Speclnl Rcllef orders, and Custody orders to the conelllutor 41i hours prior to scheduled hwtrlue. Fols.'rl lr: couls.T. uy; lsl Dntrn S. Sunday, Esq. ~~ Custody Concillnuir The Court of Common Pleas ol'Cumherlnnd County is required by Itnv to comply with the Americans with Disabilitcs Act of 1990. For inl'omuttiun about accessible lacilitics and rcnsonuhlc +ICannmodndons available to disabled indiv(duals having business heliire the court, please contact our otlice. All nrnmgentenls must be mode at Icust 72 hours prior to any hearing ur business bclitrc the court. You must nUCnd the scheduled confcrcnce or hearing. YOU SI IOULD TAKf3'I'I ITS PAPIiR T'O YOUR A'f"I'OIZNhI' A'I' ONCfi. II' YOU DO NO'f HAVE AN AT'fORNGY OR CANNOT' AITORD ONE, GO'I'O OR'I'IiLIiPI IONC:'fl If: OFPICI: SGT' FORTFI l3LLON TO I~IND OU'f Wli[iRL' YOU CAN Gli'I' LEGAL HELP. Cuutbcrlnnd County t)ar Association 3~ Sou1h I)cdlitnl Slrcet Corlislc, I'cnnsylvanin 17013 ~kj 'I'cleplunte (717)249.31G(i ii ~w %Op~P};~t 13 f';; 3~ 4~~ 1 41 ~, •-) 2GU5Iit~Y Hli 10~ -a8 s~~3 ~or ~~~ ~~~ si.~ as- ~~ ~~~ ~. ~ ~~~~ I - ~. . , .-.. 1 5 RECEIVED MAY 11200§ JOANNE ZEPP, ; TI IE COURT OP COMMON PLEAS OF Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, :CIVIL ACTION - A1' LAW Defendant :CUSTODY AND NOW, this day of , 2005, upon consideration of the within Petition filed by Defendant, it is hereby directed that the parties and their respective counsclappearat before ,the conciliator, on the day of , 2005, at .m., for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Pailurc to appear at the confcrencc 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 Rclicf orders, and Custody orders to the conciliator A8 hours prior to the scheduled confcrencc. FOR TI IE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and rcasonablc 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 confcrencc or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVF, 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 13ur Association 32 South [3cdford Street Carlisle, PA 17013-3308 (717)249-3166 JOANNE ZGPI', : 1'116 COURT' OF COMMON PLEAS OP Plaintiff CUMDGRI.AND COUNTY, PENNSYLVANIA vs. No. 95-547 ALFRED A. WHITE, Il, CIVII. ACTION - A1' LAW Defendant :CUSTODY I~F.FF.NDANT'S Tn MnDIFV CIIST(1DV AND NOW, the Defendant, Alfred A. White, II, by and through his attorney, Jcann6 A. Custopoulos, Esquire, avers the following in support of this Petition: I. Petitioner, Alfred A. White, II, Defendant above, hereinafter referred tons Father, is an adult individual who currently resides at 5022 Enst Trindlc Road, Apt. A-2, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent, Joanne Zepp, Plaintiff above, hereinafter referred to as Mother, is an adult individual who currently resides at 7007 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties arc divorced from each other. There is one dependent child from the relationship of Mother and Father, namely Dylan B. Zepp, bom January 8, 1992, hereinafter referred to as the Child. 4. The parties have previously been involved in litigation concerning the child in this court at the above docket number. 'flrc most recent order dated January 9, 2004 was entered pursuant to an agreement between the parties and has been attached as Exhibit A. 5. The best interests and pcnnancnt welfare of the child will be served by modifying the January 9, 2004 Order of Coun such that Father should be given primary physical custody of the child 1'or the Billowing reasons: (a) 'fhe child has expressed a strong desire to reside with Father and is very unhappy and emotionally distraught under the current arrangement. (b) Mother and her boyfriend have engaged in a course of conduct designed to alienate the child from Father as follows: 1) Mother and her boyfriend make disparnging remarks to and about Father in the prcscnce of the child. 2) Mother and her boyfriend disrespect Fnthcr in the prcscnce of the child. 3) Mother punishes the child for desiring to be with his Father. 4) Ater having taken the child to lacrosse practice for the entire practice season and knowing that the child plays the important position of goalie and that Father is the conch ot'the lacrosse team, Mother unilaterally and without prior notice to Father prevented the child from attending the team's first game of the season on March 26, 2005. She then permitted him to again attend practices as well as play in games, but then on May 2, 2005 she prevented him from attending practice and then on May 3, 2005 Mother sent an c-mail not only to Fnthcr, but to all the lacrosse coordinators and all the members of the lacrosse team stating her unilateral decision to pull the child from the lacrosse club. Father requested an explanation tom Mother via c-mail but, to date, has not received n response. 5) Mother prevents the child from contacting Father when in Mother's custody, to the extent that on at least one recent occasion Mother pulled the phone cord out of the wall to prevent the child from culling Fnther. (c) The child is highly disturbed by the increased angry and rude actions of Mother and her boyfriend towards both himself and Father. The child no longer wishes to tolerate his situation and desires to reside primarily with Fnther. (d) Father resides in the some school district at Mother so the child would not change schools if custody were transferred to Father In fact, the child already takes the bus to and from Father's house on Father's custodial days under the current custody schedule. G. Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. WHEREFORE, Pathcr respectfully requests the court to grant him primary physical custody of his son. Dated: ~ ~~ ~~ Respectfully submitted, Jcann~ I3. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, I'A 17055 Phone: (717) 790-954G PA Supreme Ct.1D No. G8735 JOANNE ZGPP, : TIiG COURT OF COMMON PLEAS OF Plnintifi' : CUMl3GRLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WI IITE, II, :CIVIL ACTION - A'1' LAW Defendant :CUS'T'ODY (`F12TIFIC'ATR nF CF.RVI('F. 1, Jennn~ Q. Costopoulos, Esquire, hereby ccrtif'y that this day I served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Charlie Rector, Esquire 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011.6912 DY: cann8 d, Costopoulos, Gsquirc ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790.9546 S~6 / ~S PA Supreme Ct. ID No. 68735 Dated: JOANNE ZEPP, Plaintiff vs. ALFRED A. WI IITE, II, Defendant :TRIG COURT O[' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95.547 CIVIL ACTION - AT LAW CUSTODY I, Alfred A. White, ll, hereby verify that the statements made in the foregoing petition are true and correct to the best of my knowledge, information, and belief, i understand that false statements herein arc mnde subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. / /~. Date ~ ~ Signat Alfred A. White, l! EXHIBIT A DEC 31 2003 ~~ (" (,~- ~ JOANNE"LCPP, IN Tl•IE COURT Or COMMON PLEAS OP I'luintiff CUMBERLAND COUN'T'Y, PENNSYLVANIA vs. 95-547 CIVIL ACTION LAW ALFRED A. Wl~ll'I'E, II Dcfendmmt IN CUSTODY ORD6:R OF COURT r\ND NO\V, This ~~'h day of ?004, upon consideration of the attached Custody Conciliation Report, it is order I and directed as follows: 1. The prior Orders of this Court dated April 2S, 2003, June l , 2002 and October 22, 2001 are vacated and replaced with this Order. 2. The )\lother, Joanne Zcpp, and the Father, Alfred A. White II ,shall have shored legal custody of Dylan B. Zepp, born January S, 1992, The purlics agree that major decisions concerning the child including, but not limited to, the Child's, health, welfare, education, religious training and upbringing shall Ue made by them jointly, attcr discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day today decisions shall be the responsibility of the parent then having physical custody. 1Vith regard to any emergency decisions which will be mode, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any necessary immediate decisions. Ilowevcr, that party shall inform the other of the emergency attd consult with him or her as soon as possible. Each party shall be entitled to complete information from any doctor, dentist, teacher, professional or any authority concerning the Child and to h;rve copies of any reports given to either party us a purcut. 3. The puries shall have physical custody of the Child in accord:umce with the following schedule: A. During the school year, the Alother shall have primary physical custody of the Child and the Father shall have partial physical custody on ultcrnting weekends front Friday innncdiatuly:tllersehool through Monday bcforc school. In addition, the l~athcr shall have custody of the Child every week Crom Wednesday inunedintcly aIIer school through Thursday morning before: school. Porn exchanges of custody under this paragraph, the Child shall ride the bus to and from the Father's residence bcforc and after school. t S-• B, During the summer school break each year, the parties shall share having physical custody of the Child on nn ullcmating weekly basis with the exchange to lake place each week on Monday at 8:00 am. The summer schedule shall begin with the Father having custody of the Child on the first Monday a(ler the end of the school year. The school year custody schedule shall resume one full week prior to conuncncemcnt of the school yrtr with the Mother having primary custody and the Father having periods of partial custody. The ahernating weekend schedule shall begin with the Father having custody of the Child on the first weekend following the beginning of the school year, 4. The ponies shall share having custody of the Child on holidays as follows A. CFIRISTMAS: The Christmas holiday shall be divided into Scgmcnt A, which Shull run from immediately otter the end of school before the holiday break through ChrisUnas Day at G:00 pm and Segment B, which shall run from Chrispnas Dny ut G:00 pm through New Years Day ut u:00 pat. in odd numbered years, the Father shall have custody of the Child during Scgmcnt A and the Mother shall hove custody during Scgmcnt B. In evert numbered years the Mother shall have custody of llte Child during Segment A and the Father shall have custody during Segment B, B. EASTER: 'fhe Easter holiday period of custody shall begin immediately atlcr school ends before the holiday break through the beginning of school after the holiday, The Father shall have custody of the Child over the Easter holiday in even numbered years and the Mother shall have custody in odd numbered years. C. MEMORIAL DAY /LABOR DAY: In every year, the Mother shall have custody of the Child for the cntirc Memorial Day weekend from Friday immediately utter school through Tuesday morning befcre school. In cvcry year, the Father shall have custody of the Child for the cntirc Labor Day weekend from I~riday immediately alter school Iltrouglt Tuesday before school. D. JULY 4Ttt: The Independence Day holiday shall run fran July 3`~ at G:00 pm through July 5°i at 5:00 ant. The Mother shall have custody of the Child over the Independence Day holiday in even numbered years and the Father Shull have custody in odd numbered years. E, THANKSGIVING: The Th;utksgiving holiday shall nm from inuncdiutely after school on the Wednesday before Thmtksgiving through the following Tucsduy morning before school. The Mother shall hove custody of the Child over Thanksgiving in even numbered years and the Father shall have custody in odd numbered years. F. MOTHER'S DAY /FATHER'S DAY; The holiday period of custody shall begin immediately utter school on Friday (or at 4:00 pm if Ihere is no school) and end before school on the following Monday (or at 5:00 am if Ihere is no school). The Mother shall have custody of the Child cvcry your on Mother's Day weekend and the Father shall have custody of the Child cvcry year on Father's Day tvcckend. G~FIUN"tING SEASON; The Father shall have custody of the ChiIJ in order to uekc the Child hinting on the first day of archery season each year from 7:00 pm on the night Ucfore through 7:00 pm on the hunting dory. In addition, during the Mother's periods of 'thanksgiving holiday custody, the lather shall huvc the opportunity to take the Child hunting on the first day of rifle hunting season from 5:00 pm on the Sunday utter 9'hanksgiving through blonduy ut G:OU pm. This provision regarding hunting shall not apply if the ~4othcr takes the Child out of town to visit relatives or for vocation over the Monday following Thanksgiving in even numbered years. I1.OTHER MONDAY IiOLIDAI'S / MSERVICE DAYS: The parent who has custody of the ChiIJ muter the regular alternating weekend schedule shall retain custody of the Child through the Monday school holidays or in-service days (wail Tucsduy morning bcfixe school) following that parent's weckcttd. 1. The holiday custody schedule shall supercedc mid take precedence over the regular custody schedule. 5. Subject to the provisions of paragraph G of this Order, all exchanges of custody on school days shall take phece with the Child riding the bus to and from the lather's residence. Unless otherwise agreed between the parties, the Fulhcr shall provide all transportation for exchanges of custody which do not Iuke place on school days. G. The lather shall ensure that the Child completes all homework assignments which are Jue the following day during the Futh0r's periods of custody on days preceding school days. ht the event the Child foils to complete homework assignments during the Father's periods of custody as specified in this provision on at Ieust two occasions, the la4other's counsel may contact the custody conciliator to schedule a telephone conference. The parties agree thin the partial custody schedule Shull be adjusted to enable: the Child to complete homework ~ssignments:tt the Mother's residence prior to periods of custody in the event of the Fnthcr's failure to comply with this provision absent extenuating circumstances beyond his control 7. In the event the Child is absent from school due to illness and the custodial parent is unm~uilablc to provide cure for the Child, the other parent shall be given the opportunity to provide cure for the Child during the other parent's unavailability. S. The parties shall cooperate with ouch other in discussing and selecting the uctivitics in which the Child will he involved. The lather shall be given the first opportunity to be involved with the Child us a couch, assistant couch or co-participant in uctivitics. In the event the lather is involved in this capacity, the Mother's friend, Kevin Nelson, shall trot become actively involved in the activity, liowcver, if the Puthcr is not interested it such mvolvcmcnt, then Kevin Nelson shall huvc the same ' opportunity for participation ns coach, assistant or co-participant. '1'hc lather shall coke the Child to his judo activity during the lather's alternating weekend periods of custody and the parties shall ensure Ihat observation or participation in this activity is restricted to parents only during that pmc. 9. The parties shall ensue that appropriate clothing for the Child is exchanged and returned in n civil and cooperative manner to avoid conflict or cntbarrassmcttl to flu Child. 10. In the event either party is unavailable to provide cure fur the Child for a five hour period or longer during his or her period of custody, thot party shall first contact the other party to offer the opportunity to provide the care before conurcting third party caregivers. The parties agree that this provision should not :q,ply when a party is making arrangements for the Child to visit relatives when that parent is otherwise available. The Mother agrees to notify the Father in the event she makes arrangements for the Child to visit the I~ather's relatives. 11. Ncithcr party shall assume that an email communication has been received by the other parry unless the sending party receives co„firnu»ion of receipt from the other party. 12. h, the event eilhcr party intends to relocate his or her residence outside the school district in which the Child is enrolled, that patty shall provide; ut Icust sixty Jays rulvuncc notice to the other party to enable thrparties to nwkc necessary changes to the custody arrangements eilhcr through agreement or through the legal process. 13. Ncithcr party shall drink alcohol to the point of intoxication or use illegal drugs during his or hec periods of custody. The parties shall ensure that third parties having contact with the Child comply with this provision. Isl. Ncithcr party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Botlt parties shall ensure that third parties having contact with the Child comply with this provision. Ii, This Order is entered pursuant to an agreement of the parties:tt a Custody Conciliation Confercncc. The parties may modify the provisions of this Order by mutual consent. I» the absence of mutual consent, the tcros of this Order shall control. l31' 1'1-IG COURT, $~ . Edgar R. l3aylcy, J. ce: Charles Rector, flsquire -Counsel for Mother Diane S. E3aker, L•squire - Counsel for pother . ~ ~ ..,~ In I :•,linurny ~.,. ~;~ : ; I ~,~ turd any ,h::.;;I t.i •-^~ ^,+ !:, Pa. TI ~:• .... ~ ., ~i .J lA.l~1,..., . YI.Y,I.~.et"... .. ............ Nr rP:caolary JOANNE ZGPI', vs. Pl;;inliff IN THE COURT 01~ COMt,9ON PLEAS OF CUMQGRLAND COUN'I'1', PENNSYLVANIA 'JS-Sd7 CIVIL ACTION LAW ALFRED A. WI-11TE, lI Defendant Prior Judge: lidgnr B, Bayley 1N CUSTODY CUS'fOUY CONCILL4'f1ON SUI11i11AR1' RI'sl'ORT IN ACCORDANCE 1VlThl CUp113F.RLAND COUNTY RULE Oh CIVIL PROCI:DURIs 1915.3-5, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as fol lotus: NAMF. DATIs OF QIRTFi CURRF.NT1.1' IN CUSTODY OF Dylan A. Zcpp Jununry 8, 1992 Mother 2. A Conciliation Conference was held on December 22, 2003, with the following individuals in attcudance: The Mother, Joanne Zepp, with her counsel, Charles Rector, Esquire, and the Father, Alfred (Alan) White II, and his counsel, Diane S. Baker, Esquire. 3. The parties agreed to entry of an Order in the form us attached, with tltc e~ccption of the pro~~isions concerning bfond;y~ holidays, ;aid the first days of the archery and deer hunting seasons, on which guidance from the Court ryas obtained pursuant to the parties agreement ut the conciliation confcrcncc. Dale -~~ Dawn S. Sunday, Esquir Custody Conciliator U 0: N ~ ~ n , . > >gio y ~ UW=S~C ~ ~~ ~~ Oboe gU~~j~ a ~~ n age ~~ v JOANNE ZEPP, Plaintiff V. ALFRED A. WHITE, II, Defendant IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-547 CIVIL TERM CIVIL ACTION -LAW NOTICE TO PLEAD To: Alfred A. White, II clo Jeanne Costopoulos, Esquire 5000 Ritter Road, Ste. 202 Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed Plaln 1fCs~ Answer and New Matter to Defendant's Petition to Modify Custody wi in twenty (20) days from service hereof or a Judgment may be entergd against y BY: rtes Recto , Es uir 1104 Fernwo d Avenue, Ste. 203 Camp Hill, P 17011-6912 (717) 761-8101 Attorney for PlaintifflRespondent Date; 6 ~ o s JOANNE ZEPP, ; IN THE COURT OF COMMON PLEAS Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA V. N0.95-547 CIV[L TERM ALFRED A. WHITE, II, :CIVIL ACTION -LAW Defendant PLA/NTIFF'S ANSIYER -YITll NEIYA/ATTER TO DEFENDANT'S PET/TION TO MOD/FY CUSTODY AND NOW, comes the Plaintiff, JoAnne Zcpp, by and through her attomcy Charles Rector, Esquire, and answers Defendant's Petition to Modify Custody as follows: I.-4. Admitted. 5. Denied. Paragraph 5 constitutes a series of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is rcquircd, it is denied that the best interest and permanent welfare of the minor child will be served by the granting of primary physical custody to Defendant/Father To the extent that any further answer is required: a. Denied. Plaintiff is without sufficient information to form a conclusion regarding the accuracy of the averment contained therein and proof thereof is demanded and the same is deemed denied. To the extent that any further answer is rcquircd, DcfcndanUFathcr continues to undertake efforts to alienate the minor child from his mother. b. Dcnicd. The factual averments contained in Paragraph (b)(I-5) arc all denied and proof thcrcof is demanded. To the extent that any further answer is required; (I) Dcnicd. It is dcnicd That Plaintiff/Mother and her boyfriend make disparaging remarks to and about the Defendant/Father in the presence of the child and proof thcrcof is demanded and the same arc deemed dcnicd. (2) Dcnicd. It is dcnicd that Plaintiff/Mother and her boyfriend disrespect the DefendandFather in the presence of the child and proof thcrcof is demanded and the same is deemed denied. (3) Dcnicd. It is denied that Plaintiff/Mother punishes the chill for desiring to live with his father and further denied that the child desires to live with his father and proof thereof is demanded and the same is deemed denied. Byway of further answer, DefendanUFatherhri repeatedly alienated the child from his mother and the child's attitude and schoohvork have suffered. (4) Admitted in pnri and dcnicd in part. It is admitted that Plaintiff/Mother discontinued the minor child's participation in all cxtracumcular activities as a result of him receiving failing grades in mathematics at the Good Hope Middle School, which he attends. By way of further answer, by email dated March 7, ?005, DefcndanUFather acknowledged "I leave spoken to Dylan about his grades and the affect that will have in his involvcmcnt in extracurricular activities such as Lacrosse and A/C crew. [f his grades do not intprovc, he is aware that he will not be playing Lacrosse." h is dcnicd that DcfcndanUFalher lius not been provided an explanation of the reason for this discontinuation of extracurricular activities and proof thcrcof is demanded and the scone is dccmcd denied. By way of further answer, DefendanUFather continues to portray himself to ben "victim" to garner support from the child and purposely and continuously attempts to subvert the child's relationship with his mother. (5) Denied. It is denied that Plaintiff/Mother prevents the child from contacting his father upon request and further denied that she has pulled the phone cord out of the wall to prevent the child from calling his father and proof thereof is dcmandcd. (c) Denied. Il is denied that any anger or disturbance of the minor child is as a result of any actions ofPlaintiff/Mother and/or tier boyfriend towards tlic child or his father and further denied that the child has formed swell-reasoned and mature conclusions regarding where he wishes to live and proof thcrcof is dcmandcd and the same arc dccmcd denied. By way of further answer, DefendnnUFathereontinues to engage in aberrant behavior towards Plaintiff/Mother in the presence of the child, all of which conduct is adversely affecting the child's emotional well being. (d) Admitted. G. Admitted. WHEREFORE, Plaintiff/Mother requests that the Court deny DefendanVFnthcr's request for primary custody. NF.It'AI~ITTF.R Plaintiffs previous answers to Defendant's Petition to Modify Custody are incorporntcd licrcin by reference us if set forth in full. 8. DcfcndunUFather continues to engage in a course of conduct designed to alienate the minor child from his mother. For example, DcfendanUFathcrhas personally reviewed all cmuils regarding custody with the minor child, 9. As a result of the increased time nvailublc to Defcndant/Futhcrdaring the school year, namely Wednesday a(lcmoons, the minor child's school work has suffered greatly. 1Ic received A's last year and C's this year. Further, the child is defiant with his mother, all of which behavior is encouraged by his father. 10. The change of primary physical custody of the minor child from Mother to Father would not be in the minor child's best interest. The minor child will be better served by spending Icss time with his father. WHEREFORE, Plaintiff, JoAnne Zepp, respectfully requests tliut your Honorable Court reduce the amount of temporary physical custody grunted to Defendant/Futher in this cast. 1104 Fcmwobd Avbnuc, Stc. 203 Camp Hill, PA 1701 I•G912 (717) 7G1-8101 Atlomcy for Plaintiff/Mother Date: ~ /~'/o~` Rx Detc/Tl~c NAY-31-2005ITUE1 12:43 MRY.31 2001 1t22PM IiP LRSERJET 3200 P, 001 ,~ p.l I verify that the statements made hereln ere true and correct. I understand that false statements hereln are made subject to the penaltles of 18 Pa.C,3, Section 4904, relating to unsworn falsHication to authorities. . J ne Zepp Date: ~~_, dry>:,L':. . , F]li.:' . CF:I2TIFICATF: OF SF.RVICt: S'~ 1, Charles Recmr, Gsquire, Jo hereby ccrlify that on the Jay ol'lune 2005, 1 caused a tme and correct copy of the within Plaintiffs Answer wish New Matter to Defendant's Petilian to Modify Custody to be served upon the following counsel of record by depositing same in first class, UnitcJ Slalcs mail, postage pail, in Camp Flill, Pennsylvania: Jeanne B. Cosropaulos, Esquire 5000 Rltrer Road, Src. 202 Alechanlcsburg, PA 17055 1104 Fema~add Avenue, Ste. 203 Camp Hill, 1'A 17011.6912 (717)761.8101 Date: ~ r/°s n ^' ~ c, c- ~ ~~~ -u -t. ; L.: .~ fil -- _L.~tt I ~" ;1 :~ . ~l I _ '-'i ~ ;::C ~i S ~ 1 . 11 ~ r- { ~ ~. : . ., . JOANNGZGPP Plaintiff vs. ALFRED A. WHITE, f I Defendant RECEIVED JUN 0 91005' IN TIME COURT OF COMMON PLEAS OF CUME3ERLAND COUNTY, PENNSYLVANIA 95-547 CIVIL ACTION LA W • IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of consideration ofthe attached Custody Conciliation Report, ,t is ordered and directed as folio 005, upon I. The parties shall initiate counseling for the Child with Deborah Sulcm, LPC. The purpose of the counseling shall be to assess the Child's perspective concerning the custodial arrangements and to provide guidance to the parties in connection with the underlying basis for the Child's perspective as ascertained through the counseling, The Fulhcr shall be responsible to pay all costs for the sessions under this provision. 2. The parties shall obtain a suPPlen,ental custody evaluation from Arnold Sl,icnvold, Ph.D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the Child's interest under the current circumstances. Tl,c parties shall sign any nutl,orizntions deemed accessary by the evaluator in order to obtain additional inforn,ation pertaining to the parties or the Child. The Mother shall be responsible to Puy nil costs of tl,c evaluation under this provision. 3. Pending further agreement of the parties or Order of Court, the prior Order of this Court dated January 9, 2004 shall continue in effect. 4. Within GO days of receipt of the evaluator's written custody recommendations, counsel for tither party may contact the conciliator to schedule nn additional custody conciliation conference, if necessary. _~" "~.. l BY THG COURT, Edgar cc: Charles Rector, Esquire -Counsel for Mother Jcannc B. Costopoulos, Esquire - Counsel for Puthcr~ ~e~i«•; .~t~_,~;1,.,t (: 13 u~ ~-. . ,. OF A''E~FI~j'~0 nr,+RY 20p5JU;! 13 t,IIIQ: 31 ~:S ~ 1' UiY ~~~i L_'li~.~ _a~~~V~ lV 1 l i~~.~ ~~~ t~ ~i l ~ 1 1 j . r ' JOANNE ZGPP Plaintiff IN 'I'1IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ALFRED A. WHITE, II Defendant Prior Judge: Edgar D. Bayley 95-547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SIJMMARY REPORT IN ACCORDANCE 1VITII CUIIIBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infornmtion conccming the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTII CURRF,NTLY IN CUSTODY OF Dylan B. Zepp January 8, 1992 Mother 2. A conciliation conference was held on June 3, 2005, with the following individuals in attendance: The Mothcr, Joanne Zepp, with her counsel, Charles Rector, Esquire, and the Father, Alfred A. Wltitc, II, with Itis counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agreed to entry of an Order in the fomt as attached. _ 4 acmes Date w Dawn S. Sunday, Esquire Custody Conciliator 5 JEANNE B. COSTOPOULOS, ESQUIItE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant JO ANNE, S. NELSON, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs.. ALFRED A. WHITE, II, Defendant No. 95-547 CIVIL ACTION - AT LAW CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Defendant, Alfred A. White, II, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Petition: 1. Petitioner, Alfred A. White, II, Defendant above, hereinafter referred to as Father, is an adult individual currently residing at 124 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent, Jo Anne :Nelson, Plaintiff above, hereinafter referred to as Mother, is an adult individual currently residing at 1315 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The parties are divorced from each other. There is one dependent child from the relationship of Mother and Father, namely Dylan B. Zepp, born January 8, 1992, hereinafter referred to as the child. 4. The parties have previously been involved in litigation concerning the child in this court at the above docket number. Most recently, the parties entered into a e Stipulation regarding custody and an Order was issued on September 29, 2006 by the Honorable Edgar B. Bayley. Said Order is attached hereto as Exhibit A, which is incorporated herein by reference as though fully set forth. 5. Prior to entry of the September 29, 2006 Order, Deb Salem submitted a report regarding the child's desire to reside with Father on July 21, 2005. Also, Dr. Arnold T. Shienvold submitted a re-evaluation of the parties on March 27, 2006. 6. Father seeks modification of physical custody of the child such that he is granted primary physical custody subject to partial custody with Mother on alternating weekends and at other times as can be mutually agreed upon between the parties. 7. Opposing counsel does not concur with the relief requested herein. 8. The child's best interest would best be served by granting Father primary physical custody for the following reasons: A. The child has a very strong desire to reside primarily with Father, with whom he is very closely bonded; B. The child is in need of emotional stability, which cannot be maintained in Mother's home; C. The toxic emotional environment in Mother's home affects the child's school performance. Since increasing time with his Father, the child's school performance has improved. It is believed and therefore averred that the child would obtain even higher grades in school if he resided primarily with Father. 2 WHEREFORE, Defendant, Alfred A. White, II, respectfully requests this Honorable Court to modify its September 29, 2006 Order such that he is granted primary physical custody of his son. Respectfully Submitted: By: ' JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 l Telephone No. (717) 221-0900 C' ~ ~/ Attorney for Defendant Date: t { 3 I~ A .E-~gIB JO ANNE Z. NELSON IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-547 CIVIL TERM ALFRED A. WHITE, II CNIL ACTION - AT LAW Defendant IN CUSTODY ORi6ETt t7F ruriRTi AND NOW, this _~~' day o 2006, upon consideration of the attached Stipulation for an Agreed Order of Custody which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Stipulation is hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter are hereby vacated. BY THE COURT: S J. ~`~' ~. ,. ~' m~ hand et to ~~~~~~,, ~:.~., n~ C`y c ~ ~:a ~ ~ n ~, ~ ,, c,> '~~ r ~-; -~_- ~~ ~~~ r-~i :_ rv -r~ ~,~ t , JO ANNE Z. NELSON 1N THE COURT OF COMMON PLEAS :~ - '"~9 ' ~ ~-` ~7 ~ - ; -~ ~~ Plaintiff :CUMBERLAND COUNTY, PENNSYLVAI~I~` _~ rn -- ~ .. ---s V. NO. 95-547 CNIL TERM r. '-' w ~/T ALFRED A. WHITE, II :CNIL ACTION - AT LAW Defendant IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, come the parties, JoAnne Z. Nelson, Plaintiff, and Alfred A. White, II, Defendant, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, JoAnne Z. Nelson (the Mother hereinafter) and Alfred A. White, II (the Father hereinafter}, have born to them on January 8, 1992 a child, Dylan B. Zepp (the Child hereinafter); and WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the child. The parties agree that major decisions concerning the child including, but not limited to, the child's health, welfare, ed~zcation, religious training a.nd upbringing shall be made by them ;ointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which need to be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any necessary immediate decisions. However, that party shall inform the other of the emergency and consult with her or him as soon as possible. Each party shall be entitled to complete information from any doctor, dentist, teacher, professional or any authority concerning the child and to have copies of any reports given to either party as a parent. The parties shall cooperate with each other in discussing and selecting the activities in which the child will be involved before the child is enrolled in said activities. Except for firehouse activities, Father shall be given the first opportunity to be involved with the child as a coach, assistant coach or co-participant in activities. In the event Father is invoived in this capacity, iviother's Husband, Kevin `Ielson, shall not become actively involved in the activity. 2. The parties shall share physical custody of the child on an alternating weekly basis with the exchange to take place each week on Monday at 8:00 a.m. This schedule shall commence on :September 18, 2006 with Father obtaining custody of the child. 3. The child's primary residence for health care purposes shall remain Mother's residence until such time as she no longer carries him on her insurance policy. Father agrees to provide comprehensive health care coverage for the child in the event Mother no longer carries him on her policy at which time Father's residence shall become the child's primary residence for health care purposes. 4. The parties shall share custody of the child an major holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from immediately after the end of school before the holiday break through Christmas Day at 5:00 p.m. and Segment B, which shall run from Christmas Day at 6:00 p.m. untii•the next school day. In odd numbered years, Father shall have custody of the child during Segment A and Mother shall have custody during Segment B. In even numbered years Mother shall have custody of the child during Segment A and Father shall have custody during Segment B. B. EASTER: The Easter holiday period of custody shall begin immediately after school ends before the holiday period break through the morning of the first day back to school after the holiday. Father shall have custody of the child over the Easter holiday in even numbered years and Mother shall have custody in odd numbered years. C. MEMORIAL DAY !LABOR DAY: In every year, Mother shall have custody of the child for the entire Memorial Day weekend beginning immediately after school ends before the holiday break through the morning of the first day back to school after the holiday. In every year, Father shall have custody of the child for the entire Labor Day weekend beginning immediately after school ends before the holiday break through the morning of the first day back to school after the holiday. D. July 4T'~ : The Independence Day holiday shall run from July 3jd at 6:00 p.m. through July 5`~ at 8:00 a.m. Mother shall have custody of the child over the Independence Day holiday in even numbered years and Father shall have custody in odd numbered years. E. THANKSGIVIlYG: The Thanksgiving holiday shall run from immediately after school ends before the holiday break through the morning of the first day back to school after the holiday. Mother shall have the child over Thanksgiving in even numbered years and Father shall have custody in odd numbered years. F. MOTHER'S DAY /FATHER'S DAY: The holiday period of custody shall begin from immediately after school ends (or at 4:00 p.m. if there is no school) on the Friday before the holiday through the beginning of school (or at 8:00 a.m. if there is no school) on the Monday after the holiday. Mother shall have custody of the child every year on Mother's I?ay weekend and Father shall have custody of the child every year on Father's Day weekend. G. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. Subject to the provisions of paragraph 6 of this Order, all exchanges of custody on school days shall take place with the child riding the bus to and from Father's residence- Unless otherwise agreed between the parties, Father shall be responsible to make arrangements to provide all transportation for exchanges of custody which do not take place on school days. 6. Both parties shall ensure that the child completes all homework assignments, which are due the fallowing day during his or her periods of custody. In the event the child fails to complete homework assignments during either party's periods of custody as specified in this provision on at least two occasions, counsel for either party may contact the custody conciliator to schedule a telephone conference. The parties agree that the shared custody schedule shall be adjusted to enable the child to complete homework assignments in the event of either party's failure to comply with this provision absent extenuating circumstances beyond his or her control. 7. The parties shall ensure that appropriate clothing for the child is exchanged and returned in a civil and cooperative manner to avoid conflict ar embarrassment to the child. 8. Tn the event either party intends to relocate his or her residence outside the school district in which the child is enrolled, that party shall provide at least sixty days advance notice to the other party to enable the parties to make necessary changes to the custody arrangements either through agreement or through the legal process. 9. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during his or her periods of custody. The parties shall ensure that third parties having contact with the child comply with this provision. 10. Neither party shall do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural devtilopment of the child's love and respect for the other parent. $oth parties shall ensure that third parties having contact with the child comply with this provision. 11. The parties shall use the child's legal name. 12. To prevent both parties from claiming the child for tax purposes in any given year, Mother shall claim the child on her 2006 tax return and for all even-numbered tax returns thereafter and Father shall claim the child on his 2007 tax return and for all odd-numbered tax returns thereafter. 13. The parties may modify the provisions of this Stipulation by mutual consent. In the absence of mutual consent, the terms of this Stipulation shall control. 14. This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Stipulation be entered as an order of court at the request of either parry, hereby set their hands and seals and the date of their ac Y w: 1 _ ~ €~ Date: `',~~ ~`-~ f(~F>~~r1 Signal Date: ~ , ` ~~ ~ Si a1 ALFRED A. WHl'1'E,11 VERIFICATION I, Alfred A. White, II, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: ~'' Ll -~ 7 Alfred A. White, II CERTIFICATE OF SERVICE I, .leanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the attached Petition upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Charles Rector, Esquire l 104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 By: JEANNE B. COSTOPOULOS, QUIRE Date: l~ Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ^~ ~` ~ _r a __. _ C't - ~`- ~ ~ -f- •.. .~ JO ANNE NELSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 95-547 CIVIL ACTION LAW ALFRED A. WHITE, III DI3FENDANT IN CUSTODY ORDER OF COURT AND NOW, _ _ Wednesday, April 18, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 23, 2007 at 12:00 PM fcrr a Prc-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or il'this cannot be accomplished, to deltne 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 'THF, COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator "The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ?HE OFFICE SET FORTFI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania ] 7013 Telephone (717) 249-3166 ..~ ~~r _"^ ` mil/ V 3S V ~11 i~1~ ~ ~ t i ~ i ~2i ~d hi ~d~ tOtSZ ~1CtivCi~lt~'?~~H1. ~ 3~i-z~~+-CI ~ -JUN 0 4 2U07p+'~ JO ANNE NELSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 95-547 CIVIL ACTION LAW ALFRED A. WHITE, III Defendant IN CUSTODY ORDER OF COURT AND NOW, this I t~' day of ~ 2007, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number o~ of the Cumberland County Courthouse on the !ga`day of , 2007, at`b ~`{5 o'clock~;m. at which time testimony will be taken. For purposes oft he ng, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth 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. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated September 29, 2006, shall continue in effect. BY THE ~T, Edgar B. Bayley cc: Jeanne B. Costopoulos, Esquire -Counsel for Father Charles Rector, Esquire -Counsel for Mother 'u'~'`'`'' 'r"''"'`~'`"'1 J. 4n//-07 `~ y., fS'? h! . :--., -- :.~ .y S~L~S ~ - -~- ' -' `; 4 6.1_ ~.:=' Cry _ - ~Cr _ ~ ° ~- ~ ~ . . N 1..3 JO ANNE NELSON Plaintiff vs. ALFRED A. WHITE, III Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-547 CIVIL ACTION LAW . IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dylan B. Zepp January 8, 1992 Mother/Father 2. A custody conciliation conference was held on May 31, 2007 with the following individuals in attendance: the Father, Alfred A. White, III, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Jo Anne Nelson, whose counsel, Charles Rector, Esquire, was not present at the conference. 3. This Court previously entered an Order in this matter on September 29, 2006 under which the parties have shared physical custody of the Child on an alternating weekly basis. The Father filed this Petition for Modification seeking primary physical custody. As the parties were unable to reach an agreement as to ongoing custody arrangements for the Child, the option of returning to Arnold Shienvold for supplementation of the prior custody evaluation was discussed. However, the Father requested that a hearing be scheduled to resolve the issue. 4. The Father's position on custody is as follows: The Father believes that it would be in the Child's best interest to reside primarily with him. The Father indicated that the Child has a contentious relationship with the Mother's husband which has been detrimental to the Child. The Father expressed concern that the Child's grades have been declining due to the circumstances. The Father stated that the Child has continued to express a strong preference to reside with him on a primary basis, which would not result in a change in the Child's school enrollment as both parties reside in the Cumberland Valley School District. 5. The Mother's position on custody is as follows: The Mother opposes the Father's request for primary custody and believes that a change in the schedule would not serve the Child's best interest. According to the Mother, the Child's preference to live with the Father is based on the fact that the Father's household does not offer the structure and discipline which is provided in the Mother's home. The Mother believes that if the Child were to reside primarily with the Father, his academic performance would suffer further and the Child would not receive appropriate structure and guidance. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the hearing will require at least one-half day. .-~N~vxl / . o~..Gv~ Date Dawn S. Sunday, Esquire Custody Conciliator JO ANNE Z. NELSON, PlaintifT vs. ALFRED A. WHITE, II, .Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95-54'7 CIVIL ACTION - AT LAW CUSTODY STIPULATION F4R AN AGREED ORDER 4F CUSTQDY AND NOW, come the parties, Jo Anne Z. Nelson, Plaintiff, and Alfred A. White, II, Defendant, and respectfully request the following Stipulation to be entered as an Order of Court: WHEREAS the parties, Jo Anne Z. Nelson {the Mother hereinafter} and Alfred A. White, II (the Father hereinafter), have born to them on January 8, 1992, a child, namely Dylan B. Zepp (the child hereinafter); and, WHF_,REAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the child; and WHEREAS, both parties have been provided an opportunity to review this Stipulation with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. LeEat Custody: Flaintiff, Jo Anne Z. Nelson, hereinafter referred to as Mother, and Defendant, Alfred. A. White, II, hereinafter referred to as Father, shall have shared legal custody of their son, Dylan B. Zepp, born January 8, 1992, hereinafter referred to as the child. 2. Physic~I Custody: Primary physical custody is awarded. to Father subject to periods of partial custody with Mother as follows: A. School Year: 'T'hroughout the school year, Mother shall have custody of the child every other weekend beginning Friday after school until Sunday evening at 8:00 p.m. The school year schedule shall commence the first weekend after the first day of school and shall end the last weekend prior to the last day of school. B. Summer Vacation: Throughout the summer months, Mother shall have custody of the child on a one week on, two weeks off basis such that Mother has custody of the child for one week, Father has custody far two weeks, Mother has custody for one week, and so on thereafter. Mother's week shall commence on Sunday at 8:00 p.m. until the fallowing Sunday at 8:00 p.m. In 2008, Mother's first summer custody week shall begin on the first Sunday following the last day of school at 8:00 p.m.. This schedule shall conclude as of the last Sunday prior to the first day of school. C. Other: At all such other times as can be arranged and agreed upon directly between. Mother and the child, with. reasonable notice to Father of the arrangements. 3. Holidays: The parties shall share custody of the child on major holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall. run from immediately after the end of school before the holiday break through Christmas Day at 6:00 p.m. and Segment B, which shall run from Christmas Day at fi:00 p.rn. until the next school day, In odd nuiiibered years, Father shall have custody of the child during Segment A and Mother shall have custody of the child during Segment B. In even numbered years, Mother shall have custody of the child during Segment A and Father shall have custody during Segment B. B. Easter: The Easter holiday period of custody shall begin. immediately after school ends before the holiday period break through the morning of the first day back to school after the holiday. Father shall. have custody of the child over the Faster holiday in even numbered years and Mother shall have custody in odd numbered years. C. Memorial Day/Labor Day: In every year, Mother shall have custody of the child for the entire Memorial Day weekend beginning immediately after school ends before the holiday break through the morning of the fu~st day back to school after the holiday. In every yeaz, Father shall have custody of the child for the entire Labor Day weekend, beginning immediately after school ends before the holiday break through the morning of the first day back to school after the holiday. D. Independence Day: The Independence Day holiday shall run from July 3`d at 6:00 p.m. through July 5~' at 8:00 a.m. Mother shall have custody of the child over the Independence Day holiday in even numbered years and Father shall have custody in odd numbered years. E. Thanks 'wing: The Thanksgiving holiday shall run from immediately after school ends before the holiday break through the morning of the first day back to school after the holiday. Mother shall have the child over Thanksgiving in even numbered years and Father shall have custody in odd numbered years. F. Mother's Day/Father's Dam: Mother shall have custody of the child every Mother's Day from 8:00 am. until 8:00 p.m. Father shall have custody of the child every Father's Day from 8:00 a.m. until $:00 p.m. G. The holiday schedule shall supersede and take precedence over the regular custody x schedule. 4, Transportation: The child is to ride the bus to and from school on an exchange day. On non-school days the parry receiving custody shall pick up the child from the other party's residence. 5. Relocation: In the event either party intends to relocate his ar her residence outside the school. district in which the child is enrolled, that party shall provide at least sixty days advance notice to the other party to enable the parties to make necessary changes to the custody arrangements either through agreement or through. the Legal process. b. Estraneement: Neither party shall do ar say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the child comply with this provision. Date: /(~ Signature: ` J e Z. Nelso Date: /~~7~0 ~ Signatur Alfred A. White, II r-~ ~-- ..s '-i'y ---+ - ~- :^ l -i ' i ! ` .. . y ~ZZ f.," W "',] 4. ~-: r, r.~ ~..~.~ ]EANNE B. COSTOPOULOS ATTORNEY AND COUNSELOR AT LAW The Executive Offices at Rossmoyne, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 Telephone: 717.221-0900 Facsimile: 717.790-6019 Email: jbclegal@aol.com Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 July 17, 2007 Re: Jo Anne Z. Nelson v. Alfred A. White, II No. 95-547 Civil Term Dear Sir or Madam: Enclosed for filing please find an original and four copies of a Stipulation for an Agreed Order of Custody. Also enclosed are pre-stamped envelopes in which to forward the Order, once signed, to both myself and opposing counsel. Please return any extra time-stamped copies of the enclosed Stipulation to me in the enclosed pre-stamped envelope. Thank you for your cooperation. Sincerely yours, ~- anne B. Costopoulos, s ' ENCLOSURES cc: Charlie Rector, Esquire Alan White ~~ .gyn. s42oo~a/ JOANNE Z. NELSON, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 95-547 ALFRED A. WHITE, II, Defendant CIVIL ACTION - AT LAW CUSTODY QRDER 4F OiJRT AND NOW, this -Z~ day of , 2007, upon consideration of the attached Stipulation for an Agreed Order of Custody which is incorporated herein by reference, IT IS HEREBY ORDERF,D AND DECREED that said Stipulation is hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. Ali prior Orders in this matter axe hereby vacated. ~ BY Hon. Edgar B. Bayley I ... ~~{ r- ' r--. t.? .t ~~ ~ ,; yr" - -~ t _ _ l1] _: _ :~~ ~ ; ~ ~ r.--* c.~