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JODY KNEPP, : IN THE COURT OF COMMON PLEAS OF
plaintiff
. CUMBERLAND COUNTY, PENNSYLVANIA
.
v.
. NO. 95 - l. \'11 CIVIL TERM
.
ARLETA POPER, .
.
CUSTODY
Defendant .
.
AND NOW,
CUSTODY ORDER
this -1 III ~ day of ~.VJl""'l\-
, 1995, upon
consideration of the parties' Consent Agreement, the following
Order is entered with regard to custody of Misty Lynn Knepp,
hereinafter referred to as the child:
1. The plaintiff, hereinafter referred to as the father,
and the defendant, hereinafter referred to as the mother, shall
ehare legal custody of the child.
2. The mother shall have primary physical custody of the
child.
3. The father shall have partial physical custody of the
child every other weekend from Friday at 6 p.m. until sunday at 6
p.m.
4. The father and mother shall alternate Christmas Eve and
Christmas Day each year, one parent having custody of the child
on Christmas Eve until Christmas Day at 10:00 a.m. and the other
parent having custody of the child from Christmas Day at 10:00
a.m. until December 26 at 6 p.m. The schedule will begin in 1995
with the father having custody of the child on christmas Eve.
5. The parties shall alternate the following holidays:
Easter, Memorial Day, the Fourth of July, and Labor Day.
:
" -.
6. The father and mother shall alternate Thanksgiving each
year, one parent having custody of the child on Thanksgiving Eve
until that Friday at 6 p.m. and the other parent having custody
of the child from Friday at 6 p.m. until sunday at 6 p.m. The
schedule shall begin in 1995 with the father having custody of
the child on Thanksgiving Eve until Friday at 6 p.m.
7. The father shall have the right to see the child on her
birthday at a time to be agreed upon by the mother and father.
B. The father shall have the right to partial custody of
the child for one month each summer. The father shall give the
mother two weeks notice as to when his period of summer custody
will take place. The father and the mother shall both have the
right to take the child on a summer vacation including a maximum
of 2 weekends.
9. The parties, by mutual agreement, may vary from this
schedule at any time.
10. The father and mother shall notifY each other of all
medical care the child receives while in that parent's care.
Each parent shall notify the other immediately of medical
emsrgencies which arise while the child is in that parent's care.
11. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
IiIB
Address
laY
Arleta poper
Carol Olsen
463 North pitt street
Carlisle, PA
9irth -
8/88
The mother of the child is ARLETA POPER, currently residing
at 544 North Bedford street, Carlisle, cumberland county,
Pennsylvania.
She is Bingle.
The father of the child is JODY KNEPP, currently residing at
230 Nolan Drive, Lewistown, Mifflin county, pennsylvania.
He is married.
4. The relationship of the plaintiff to the child is that
of father.
The plaintiff currently is residing at 230 Nolan Drive,
Levi.town, Mifflin county, Pennsylvania.
5. The relationship of the defendant to the child is that
of mother.
The defendant currently resides with the following persons:
liIU
Relationshio
~
Jeffrey Darr
Misty Lynn Knepp
Boyfriend
Daughter
6. The plaintiff has not participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of the child in this or another court.
7. The plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
B. The plaintiff does not know of a person not a party to
the proceedings who has physical custody of the child or clai.s
to have custody or visitation rights with respect to the child.
9. The best interest and permanent welfare of the child
will be served by granting the relief requeeted for reuons
inCluding, but not limited to the following:
a. The father has had a good relationship with the child
and can continue to provide for her physical and
,
e.otional n.eds.
b. Both parties agree to the entry of an Order which
grants the father partial custody of the child.
10. Each parent whos. parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, the plaintiff requests this Court to grant him
custody.
The plaintiff requests any other relief which is just and
proper.
Respectfully submitted,
I
J. l\ Carey
11: torney for PI
LEGAL SERVICES,
B Irvine Row
Carlisle, PA 17013
(717) 243-9400
.
."
The above-na.sd Plaintiff, JODY KNEPP, verifiss that the
state.ents .ade in the above Co.plaint are true and correct.
Plaintiff understands that false atate.ents herein are made
subject to the penalties of 18 Pa. C.S. 54904, relating to
unsworn falsification to authorities.
Date I
1/- /0- 9~
,~
J
. , ~ ,.
JODY KNEPP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
v.
CIVIL TERM
NO. 95 . f.~-.ql
ARLETA POPER,
CUSTODY
Defendant
CONSENT AGREEMENT
II +~ 11 L ....
This Agree.ent i. entered on this .J..ll...::- day of /J!p\i()IL~
1995, by the plaintiff, JODY KNEPP, and the defendant, ARLETA
POPER. The plaintiff i. represented by Joan carey, of Legal
services, Inc.; the defendant is unrepresented but is aware of
her right to have an attorney. The plaintiff and the defendant
agree to the entry of the following Order regarding the custody
of Misty Lynn Knepp, hereinafter referred to as the child:
1. The plaintiff, hereinafter referred to as the father,
and the defendant, hereinafter referred to as the mother, will
share legal custody of the child.
2. The mother will have primary physical custody of the
child.
3. The father will have partial custody of the child every
other weekend from Friday at 6 p.m. until Sunday at 6 p.m.
4. The father and mother will alternate Christmas Eve and
Christmas Day each year, one parent having custody of the child
on Christmas Eve until Christmas Day at 10:00 a.m. and the other
parent having custody of the child from Christmas Day at 10:00
a.m. until December 26 at 6 p.m. The schedule will begin in 1995
. .
with the father having partial custody of the child on Christmas
Eve.
5. The parties will alternate the following holidays:
Easter, Memorial Day, the Fourth of July, and Labor Day.
6. The father and mother will alternate Thanksgiving each
year, one parent having custody of the child on Thanksgiving Eve
until that Friday at 6 p.m. and the other parent having custody
of the child from Friday at 6 p.m. until sunday at 6 p.m. The
schedule will begin in 1995 with the father having custody of the
child on Thanksgiving Eve until Friday at 6 p.m.
7. The father will have the right to see the child on her
birthday at a time to be agreed upon by the mother and father.
8. The father will have the right to partial custody of the
child for one month each summer. The father will give the mother
two weeks notice as to when his period of summer custody will
take place. The father and the mother both have the right to
take the child on a summer vacation including a maximum of 2
weekends.
9. The parties, by mutual agreement, may vary from this
schedule at any time.
10. The father and mother will notify each other of all
medical care the child receives while in that parent's care.
Each parent will notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
11. Neither party shall do anything which may estrange the
child from the other parent, or injure the opinion of the child
. . .
as to the other parent or which may hamper the free and natural
develop.ent of the child's love or respect for the other parent.
WHEREFORE, the parties requeet that an Order of Court be
entered to reflect the above terms.
~~
~> lIil nI ~/)(^
leta poper, Defe dant
n carey
ttorney for Pia iff
LEGAL SERVICES, INC.
. Irvine Row
Carlisle, pa 17013
(717) 243-9400
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Interest: None
Dividendi: None
Pension and annuities: None
social Security benefits: None
Support payments: None
Disability payments: None
Unemployment compensation and
supple.ental benefits: None
Workman's compensation: None
Public Assiatance: None
Other: None
(d) Other contributions to household support
(Wife (Husband) Name: Barbara KnePD
If your (husband) (wife) is employed, state
Imp layer : None
Salary or wages per month: NIA
Type of work: KIA
Contributions from children: NIA
(e) Property owned
Cash: None
Checking Account: 1100.00
Savings Account: 1300.00
Certificates of Deposit: None
Real Bstate (including home): None
Motor vehicle: Make Dodae
Year
1994
Cost 114.000
Amount owed 112.000
Make Chevrolet
Year
1995
Cost 110.500
Amount owed 19.000
I
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Stocks; bonds: None
Other: N/A
(f) Debts and obligations
Hortgage: None
Rent: .350.00/mo.
Loans: KISH Bank - .500.00/mo./car payments)
Honthly Bxpenses: Blectric-.150.00. Phone-.35.00.
Credit Cardl-l2Qg~OO. CAble-'33.00. Car insur-'100.00.
Groc.HjjUl-=J_351l....JLlL-Gasoline-1120. 00. ClothinQ-130. 00.
Diapers-'50.00. renters insur-'16.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: Barbara Knepp
Children, if any:
Name: Nicholas Hiller
Nathan Hiller
Zachary Hiller
Bthan Hiller
Catherine Knepp
4. I underotand that I have a continuing obligation to
inform the court of improvement in my financial circumstances
which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit
are true and correct. I understand that false statements herein
Age: 8 Yrs.
7 Yrs.
5 Yrs.
5 Yrs.
2 vrs.
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99 JUL 13 ,1,11111 47
CUM&EiNIO CCUNlY
PENNSYLVN'J!A
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at 6:00 p.m. The schedule will b.:gin in 1999 with Father having custody of Child on
Christmas Eve.
S. The parties shall alternate the following holidays: Easter, Memorial Day,
Fourth of July, and Labor Day.
6, Father and Mother shall alternate Thanksgiving each year, one parent having
custody of Child on Thanksgiving Eve until the Friday after Thanksgiving at 6:00 p.m. and the
other parent having custody of Child from Friday 6:00 p.m. until Sunday 6:00 p.m. The
schedule shall begin in 1999 with Father having custody of Child on Thanksgiving Eve until
Friday 6:00 p.m.
7, Mother shall have the right to see Child on her birthday at a time to be agreed
upon by Mother and Father.
8. Mother shall have the right to partial custody of Child for one month each
summer. Mother shall give Father two weeks notice as to when her period of summer custody
will take place. Father and Mother shall both have the right to take the child on a summer
vacation including a maximum of two (2) weekends.
9, The parties, by mutual agreement, may vary from this schedule at any time.
10. The parties agree that six (6) months from the day this agreement is made an
Order of Court, this Custody Stipulation and Agreement be reevaluated by the parties, with the
best interest of the child in mind, to determine whether a modification would be necessary.
11. The parties agree that Father will not seek child support for the child.
12. The parties will keep each other advised immediately relative to any medical
care or medical emergencies concerning the children and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or
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CUMdd,i.i-;':J CGUNTY
PENN5YLIJANlA.
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,
ARLETA POPER,
Petltloaer
fE8 l:! 7 70rur
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.95-6541 CIVIL TERM
JODY KNEPP,
Relpoadeat
IN CUSTODY
mmm m: ml!BI
AND NOW, this day of . 2001, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear
before Esquire, the conciliator, at
.onthe_dayof ,2001 at_. M.
for a Prc-HcarinS Custody Conference. At such conference, an effort will be made to resolve the
iuuca 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 ase five or older may also be
pracnt at the conference. Failure to appear at this conference may provide BJ'Ounds for entry ofa
tcmPOl1ll'Y or pcnnanent order.
By tbe Court,
By:
CUltody CoacWltor
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 ornCE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CumberllDd Couaty Bar Alloclltloa
2 Liberty Aveaue
CarUlle, PeaalylvaDla 17013
(717) 249-3166
1-800-990-9108
,
WHEREFORE, petitioner respectfully seeks the entry of an Order of Court sccldlll
primary physical custody of the child.
" HUGHES
By:
ark D. Schwartz, ElQulre
Attorney for Petitioner
60 West Pomfrct Street
Ca:lisle, pennsylvania 17013.3222
717-249-2353
Supreme Court 1.0. No: 70216
Date: February 26",2001
~
~
The foreSOing Petition Is based upon information which hu been gathered by
COIIIIICIII1d m)'IClfin the preperatlon of this action. I have read the statements made in this
document II1d they are true 8Ild co:rec:t to the best of my knowledge, infonnation and belief. I
IIIIdentand that false statements herein made arc subjm to the penalties of 18 PI. C.S.A. Section
4904, rclltina to IUlSwom falsification to authorities.
UuM~ I- ~
ARLETAPOPER
Date: ''''nary 26 ,2001
at 6:00 p.m. The schedule wi1\ begin in 1999 with Father having custody of Child on
Christmas Eve.
5. The parties shall alternate the following holidays: Easter, Memorial Day,
Fourth of July. and Labor Day.
6. Father and Mother shall alternate Thanksgiving each year, one parent having
custody of Child on Thanksgiving Eve until the Friday after Thanksgiving at 6:00 p.m. and the
other parent having custody of Child from Friday 6:00 p.m. until Sunday 6:00 p.m. The
schedule shall begin in 1999 with Father having custody of Child on Thanksgiving Eve until
Friday 6:00 p.m.
7. Mother shall have the right to see Child on her birthday at a time to be agreed
upon by Mother and Father.
8. Mother shall have the right to partial custody of Child for one month each
summer. Mother shall give Father two weeks notice as to when her period of summer custody
wi1\ take place. Father and Mother shall both have the right to take the child on a summer
vacation including a maximum of two (2) weekends.
9. The panies, by mutual agreement, may vary from this schedule at any time.
10. The panies agree that six (6) months from the day this agreement is made an
Order of Court, this Custody Stipulation and Agreement be reevaluated by the parties, with the
best interest of the child in mind, to determine whether a modification would be necessary.
II. The panics agree that Father will not seck child support for the child.
12. The panies will keep each other advised immediately relative to any medical
care or medical emergencies concerning the children and shall further take any necessary steps
to ensure that the health and well being of the child is protected. During such illness or
medical emergency, both parents shall have the right to visit the child as often as he or she
desires consistent with the proper medical care of the child.
13. Neither parent shall do anything which may estrange the child from the other
party, or injure the opinion of the child as to the other party, or which may hamper the free and
natural development of the child's love or affection for the other party.
14. The panies desire that this Stipulation and Agreement be made an Order of
Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue
of custody of the parties' minor child who has resided in Cumberland County her entire life and
shall retain such jurisdiction should circumstances change and either party desire or require
modification of said Order.
15 The parties agree that in making this Agreement, there has been no fraud,
concealment, overreaching, coercion, or other unfair dealing on the part of the other.
16. The panies acknowledge that they have read and understood the provisions of
this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it
is not the result of duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
tenns hereof, set fonh their hands and seals the day and year hereinafter mentioned.
WITNESSETH:
DATE: 7-/-ff
w~~
J DY PP, Plaintiff
DATE: ,~ I, qC;
~.L~
ARLETA POPER, Defend t
.., . ...
IIPH .I Ii i'UII1(/!
ARLETA POPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY ,PENNSYLVANIA
NO. 1995.6541 CIVIL ACTION. LAW
V.
JODY KNEPP,
Defendant
IN CUSTODY
ORDER OF COURT
ANDNOW,this \'~daYOf W ,200l,upon
consideration of the atlached Custody Conciliatio Report, It is ordered and directed as
follows:
1. The prior Order of Court dated July 10, 1999 is hereby vacated.
2. The Father, Jody Knepp, and the Mother, Arleta Poper, shall have shared
legal custody of Misty Lynn Knepp, born February 26,1987. 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 geneml well-being including, but not limited
to, all decisions regarding her health, education and religion.
3.
4.
follows:
Father shall have primary physical custody of the child.
Mother shall have periods of partial physical custody of the child as
a. Alternating weekends beginning April 15, 2001 from Friday at 6:00
p.m. to Sunday at 6:00 p.m. However, the child shall sleep overnight
on Fridays with her maternal grandmother and sleep overnight on
Saturdays with her Mother.
5. Father and Mother wi\1 alternate Christmas Eve and Christmas Day each
year, one parent having custody of Child on Christmas Eve until Christmas Day at 10:00
a.m. and the other parent having custody of Child from Christmas Day at 10:00 a.m. until
December 26 at 6:00 p,m. Father shall have the Christmas Eve schedule in odd number
years; Mother shall have Christmas Eve schedule in even numbered years.
6. The parties shall alternate the following holidays: Easter, Memorial Day,
Fourth of July, and Labor Day.
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 95-6541 CIVIL TERM
JODY KNEPP,
Plaintiff IRespondent
ARLETA POPER,
Defendant IPetitioner
CIVIL ACTION - CUSTODY
NOTICE TO PLEAD
You arc hereby notified to file a wrillen response to the enclosed Counterclaim
within twenty (20) days from service hereof or a judgment may be entered against you.
Date:
i .-/0/
By:
Le oy Smigel, Esquire ID #09617
2917 North Front Street
Harrisburg, P A 1711 0-1260
(717) 234.2401
Attorneys for Plaintiff/Respondent
Section 3. The minor child is currently a solid "B" student and was
recommended for an advanced mathematics class. Misty is now planning to
attend college and study medicine or vcterinary medicine.
c) The minor child receivcd the "SPARK" award from school for displaying
proper manners and motivated behaviors. The minor child received the "Most
Improved Player" award from her school softball team.
d) PlaintifflRespondent's wife, who is employed as a teacher, consistenlly
provides interactive assistance to the minor child to do homework, school
projects and prcpare for tests.
c) The minor child no longer chooses to wear her hair to purposely cover her
face. The minor child no longer chooses to wear exclusively black-colored
clothing.
f) Plaintiff/Respondent participated with the minor child in school-related
activities. Plaintiff/Respondent played an active role in board-certified
psychological counseling with the minor child to maintain the minor child's
good mental health.
g) PlaintifflRespondent continuously facilitated communications and visitation
between the minor child and Defendant/Petitioner. PlaintifflRespondent
continuously facilitated communications and visitation between the minor
child and Defendant/Petitioner's family members. Plaintiff/Respondent
remains committed to ensuring that Misty has llCcess to her mother and
extended family members.
h) The minor child repeatedly requests to remain in the primary physical custody
of Plaintiff/Respondent and does not wish to return to the care and custody of
DefendantlPetitioner.
i) In PlaintiffIRespondent's home, the minor child has her own room where she
can have privacy, study, and get proper rest. DefendanllPetitioner currently
resides in a trailer where the minor child has no room of her own .:nd must
sleep on the couch.
j) When the minor child is in Plaintiff/Respondent's custody, the minor child
regularly allends church services as a family unit. The minor child nevcr
attended church services while in the custody of DefendantlPetitioner.
14. . The best interests and pennanent welfare of the minor child require that
full physical and legal custody be placed with Plaintiff/Respondent, with the
Defendant/Petitioner to have appropriate visitation.
4
JODY KNEPP,
Plaintiff /Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 95-6541 CIVIL TERM
ARLETA POPER,
Defendant /Petitioner
CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
I, LeRoy Smigel, Esquire, hereby certify that I have served the foregoing Answer
to Petition for Modification of Custody and Counterclaim for Custody upon counsel for
Defendant/Petitioner by depositing same in the U.S. Mail, first class, postage prepaid, on
JS"
, 200 I addressed as fo1\ows:
MARK D. SCHWARTZ, ES\.JUlRE
IRWIN, McKNIGHT & HUGHES
60 WEST POMFRET STREET
CARLISLE, PA 17013-32222
SMIGEL, ANDERSON &
Date:
'11~/rJl
By:
LeRoy Smi el, Esquire 10 #09617
2917 North Front Street
Harrisburg, P A 1711 0-1260
(717) 234-2401
Attorneys for Plaintiff/Respondent
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