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Home My WebLink About00-02631r HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant NO. 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of January, 2002, upon consideration of Defendant's Petition for Emergency Relief, a hearing is scheduled for Monday, March 11, 2002, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas J. Williams, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Kristin R. Reinhold, Esq. 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant Donald T. Kissinger, Esq. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Attorney for Thomas C. Sunday and Sheryl A. Sunday _? cn :rc BY THE COURT, i HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2631 CIVIL TERM JOSEPH M. BYLE, : CIVIL ACTION -LAW Petitioner/Defendant : CUSTODY ORDER OF COURT AND NOW, this day of 2002, upon consideration of the attached Petition for Emergency Relief, it is hereby ordered that Respondent's periods of custody as set forth in the Order of Court dated January 16, 2002, shall be restricted and supervised by Petitioner, Joseph M. Byle, his parents, James and Donna Byle, or an agency pending a hearing on this matter. BY THE COURT: The Honorable J. Wesley Oler, Jr. HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2631 CIVIL TERM JOSEPH M. BYLE, : CIVIL ACTION - LAW Petitioner/Defendant : CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes the Petitioner, Joseph M. Byle, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court enter an emergency order modifying the supervisory provisions relating to Respondent's custodial rights involving the subject minor child, Tyler Christian Sunday, and in support thereof, avers the following: 1. The Petitioner is Joseph M. Byle, the natural father of the subject minor child, Tyler Christian Sunday, born March 2, 1999. Petitioner, hereinafter referred to as "Father", resides at 4633 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania. 17011. 2. Respondent is Hillary A. Sunday, the natural mother of the subject minor child, who currently resides at 421 Lexington Court, Hershey, Dauphin County, Pennsylvania. 17033. Respondent shall hereinafter be referred to as "Mother". 3. By way of recent factual history, Father filed a Petition for Emergency Relief on or about December 14, 2001, seeking primary physical and legal custody of the subject minor child due to numerous hospitalizations of Mother for psychiatric disorders. A copy of the Petition for Emergency Relief, marked Exhibit "A", is attached hereto and incorporated herein. 4. A Custody Conciliation was held before Dawn S. Sunday, Esquire, on January 3, 2002, wherein the parties reached an agreement, the terms of which have been incorporated into a Custody Order dated January 16, 2002. A copy of the Court's Order dated January 16, 2002, marked Exhibit "B", is attached hereto and incorporated herein. 5. On or about January 3, 2002, the maternal grandparents of the subject minor child, Thomas C. Sunday and Sheryl A. Sunday, filed a Petition for Joinder and/or Petition for Intervention relative to the above-captioned custody matter. It was agreed by the parties that counsel for the maternal grandparents, Donald T. Kissinger, Esquire, would be permitted to participate in the Custody Conciliation held on January 3, 2002. 6. Although no further action has been taken on maternal grandparents' Petition for Joinder by agreement of the parties, maternal grandparents join in and support Father in the present Petition for Emergency Relief. 7. Pursuant to the Court's Order dated January 16, 2002, primary legal and physical custody of the subject minor child is to be shared wherein Mother would have custody of the child for four days, the maternal grandparents would have custody for the following three days, and Father would have custody for four days thereafter, on a rotating basis. The Court Order was intended to be temporary pending the receipt by counsel of Mother's psychiatric/medical records relative to her recent hospitalizations. 8. Pursuant to paragraph four of the Custody Order dated January 16, 2002, pending receipt by counsel for the parties of written documentation from Mother's treating physician confirming that Mother did not present a danger to herself or to others, Mother's periods of custody are to be supervised by a responsible adult at all times. 9. As Mother currently resides with her fiance, John Fager, in his family's home, it was anticipated by all parties that he would act as the primary supervisor during Mother's custodial periods. 10. Pursuant to paragraph six of the Court's Order of January 16, 2002, the parties agreed that Mother, Father and maternal grandparents would obtain a medical evaluation of the subject minor child to assess concerns which were raised by Father and maternal grandparents of possible abuse. Mother's counsel, Thomas J. Williams, Esquire, and Conciliator Dawn S. Sunday, Esquire, proposed the use of Earl F. Greenwald, M.D., F.A.C.O.G., Medical Director of the Children's Resource Center. 11. An evaluation was performed by Earl F. Greenwald, M.D., F.A.C.O.G., on January 30, 2002, his findings of which are set forth in his report dated February 1, 2002. A copy of Dr. Greenwald's report, marked Exhibit "C", is attached hereto and incorporated herein. 12. As a result of the evaluation held on January 30, 2002, Dr. Greenwald made a referral to the Child Protective Services Agency and recommended that Mother be restricted to supervised visits at an approved third-party location. Dr. Greenwald further recommended that Mother's fiance's access to the subject minor child occur under full supervision until further evaluation. 13. Pursuant to the current Custody Order dated January 16, 2002, Mother's periods of custody are required to be supervised by any responsible adult. Father believes and therefore avers that the majority of the supervision is being provided by Mother's fiance, John Fager. 14. A four-party telephone conference was held on February 5, 2002, wherein counsel for Mother, Father, and maternal grandparents had the opportunity to question in depth Dr. Greenwald on his findings. At the time of the telephone conference, Dr. Greenwald strongly recommended that Mother be supervised by either an agency or by Father or Father's parents, James and Donna Byle. Dr. Greenwald did not recommend that anyone in the Fager household act as a supervisor for Mother due to the possibility that one of those members could be a perpetrator of abuse and/or the interest that they may have in the outcome of the custody matter. Dr. Greenwald stated that in his experience, family members make poor supervisors based upon the trust relationship which they have with each other. 15. Mother's counsel has indicated that he will not agree to a modification of the supervision provisions of the Court's Order dated, January 16, 2002, despite the recommendations of Earl Greenwald, M.D. 16. Since the Custody Conciliation, counsel for Mother, Father, and maternal grandparents have received a portion of Mother's psychiatric records from Milton S. Hershey Medical Center for four separate admissions which occurred in 2001. Mother's medical records indicate that she has a diagnosis of major depressive disorder with psychotic features and bi-polar disorder. As well, Mother attempted to commit suicide on numerous occasions in response to voices which she heard telling her to kill herself. The medical records also reference to some visual hallucinations which Mother has experienced. 17. Father believes and therefore avers that Mother continues to be a danger to herself and to the subject minor child. 18. Father believes and therefore avers that possible abuse of the subject minor child could be occurring in Mother's household, based upon the behavior and statements made by the child as more fully set forth in Dr. Greenwald's report. WHEREFORE, Petitioner, Joseph M. Byle, respectfully requests this Honorable Court issue an emergency Order modifying Mother's custodial periods in such a manner??7wherein e is supervised by either an agency, the Father, or Father's parents. Date: a Respectfully submitted, THE LAW OFFICES OF SILLIKER & RVINHOLD 5922 lAnglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Joseph M. Byle HILLARY A. SUNDAY, Respondent/Plaintiff V. JOSEPH M. BYLE,. Pettioner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2631 CIVIL TERM CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this 1% day of e_C 2001, upon consideration of the attached Petition for Emergency Relief, it is hereby ordered that Petitioner shall be entitled to primary physical and legal custody of the subject minor child, Tyler Christian Sunday, born March 2, 1999, pending 0-'re-oxin9 sO-ve.o8u le? for rr+_ Z)wj. ?1, t.2od2, a? I1?00a..m., tn1 Cow-?room#I? Curnbe('?a>`cd Cau?l? BY COURT: COUC?thDUSe.? Car?iS?e, PR 1S 7. TRUE COPY FROM P100 In Testlar ^y whereof, I here unto set my nand and tiseal of s@dKou , al li:;le, Pa. 'k '14 J „A? HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2631 CIVIL TERM JOSEPH M. BYLE, : CIVIL ACTION - LAW Petitioner/Defendant CUSTODY C' PETITION FOR EMERGENCY RELIEF - AND NOW comes the Petitioner, Joseph M. Byle, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court enter an emergency order awarding him primary physical and legal custody of the subject minor child, Tyler Christian Sunday, and in support thereof, avers the following: 1. The Petitioner is Joseph M. Byle, the natural father of the subject minor child who currently resides at 4633 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania. 17011. 2. Respondent is Hillary A. Sunday, the natural mother of the subject minor child, currently believed to be residing at 78 East Carlisle Pike, New Kingstown, Cumberland County, Pennsylvania. 17072. 3. The subject minor child is Tyler Christian Sunday, born March 2, 1999. 4. An Order of Court dated July 25, 2000, entered by the Honorable J. Wesley Oler, Jr., awarded Respondent primary physical custody of the subject minor child. Petitioner was awarded partial physical custody on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The parties enjoy shared legal custody, as well as shared physical custody on holidays. A copy of the Court's Order, marked Exhibit "A", is attached hereto and incorporated herein. 5. Over the past nine months, Respondent has been hospitalized on at least four occasions for emotional disorders including depression. To Petitioner's knowledge, Respondent has been hospitalized at the following facilities on the following dates: a. From April 16, 2001 to May 6, 2001 - Respondent was hospitalized at Phil Haven. b. From June 3, 2001 to June 8, 2001 - Respondent was hospitalized at Phil Haven. c. From November 18, 2001 to November 31, 2001 - Respondent was hospitalized at Hershey Medical Center Psychiatric Unit. I From December 2, 2001 to December 12, 2001- Respondent has been hospitalized at Phil Haven 6. Respondent has attempted to kill herself on at least one occasion in the past few months by taking an overdose and attempting to slit her wrists. 7. On December 1, 2001, Respondent's parents, Tom and Sherry Sunday, contacted Petitioner's parents, James and Donna Byle, and requested that they take immediate custody of the subject minor child. Respondent's parents indicated that Respondent attempted to forcefully take custody of the subject minor child from them on December 1, 2001, after just being released from the Hershey Medical Center Psychiatric Unit. Respondent's parents did not believe Respondent was mentally fit and able to care for her child. The police were called to Respondent's home as a result of this incident. A copy of the Incident Report, marked Exhibit "B" is attached hereto and incorporated herein. 8. On December 1, 2001, after the police came to Respondent's home, Respondent consented to Petitioner's parents assuming custody of the subject minor child. A copy of Respondent's note, marked Exhibit "C" is attached hereto and incorporated herein. On December 1, 2001, Petitioner was out of state for employment reasons. 9. On December 2, 2001, Respondent was hospitalized at Phil Haven, believed to be suffering from severe depression. 10. On December 12, 2001, Respondent checked herself out of Phil Haven and has demanded custody of the subject minor child from the Petitioner. It is unknown whether Respondent checked herself out of Phil Haven against physicians' recommendations. 11. The subject minor child has been in the care and custody of the Petitioner since December 1, 2001. 12. Petitioner believes and therefore avers that Respondent is not physically or mentally capable of caring for her child at this time. 13. Petitioner believes and therefore avers that Respondent is a danger to the subject minor child due to her current mental state. 14. Petitioner believes and therefore avers he can provide a stable and emotionally healthy home for the subject minor child. 15. Petitioner has filed a Petition to Modify Custody contemporaneous with the filing of this Emergency Petition. WHEREFORE, Petitioner respectfully requests this Honorable Court award him primary physical and legal custody of the subject minor child pending a full hearing on his Petition for Modification of Custody. Date: ',I- I I Respectfully submitted, THE LAW OFFICES C Xristin'?- Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Joseph M. Byle HILLARY A. SUNDAY, Respondenv?laintiff VS. JOSEPH M. BYLE, Petitioner/Defendant RAGE. I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of _,1? Li_21 2002, upon consideration of the attached Custody Conciliation Report, ft is ordered and Aired follows: t. The prior Orders of this Court dated July 25, 2000 and December 18, 2001 are suspended pending the Additional Custody Conciliation Conference to be scheduled pursuant to this Order. 2. The Mother, Hillary A. Sunday, the Father, Joseph M. Byle, and the Maternal Grandparents, Thomas and- Sheryl Sunday, shall have shared legal and physical custody of Tyler Christian Sunday, bom March 2, 1999. ,Information pertaining to the Child shall be shared and all major non-emergency decisions shawl be made through consultation. 3. Beginning January 3, 2002, the Mother shall have custody of the Child for 4 days, the Maternal Grandparents shall have custody for the following 3 days and the Father shall have custody for 4 days thereafter. The custody arrangements shall continue on a rotating 4 day, 3 day, 4 day schedule, with the exchanges to take place on the appropriate days between 4:00 p.m. and 6:00 p.m., pending the Custody Conciliation Conference scheduled pursuant to this Order. 4. Pending receipt by counsel for the parties and the Maternal Grandparents of written documentation from the Mother's treating physician confirming that the Mother does not present a danger to herself or to others, the Mother's periods of custody shall be supervised by a responsible adult at all times. 5. The Mother, through counsel, shall obtain and provide copies of the Mother's pertinent medicallpsychiatric records to counsel for the Father and the Maternal Grandparents. The Mother also, through counsel, shall notify the Conciliator when the records have been received, at which time, the Custody Conciliation Conference shall be scheduled. 6. The parties and the Maternal Grandparents shall obtain a medical evaluation of the Child to assess concerns which have been raised of possible abuse. 'rhe evaluator shall be selected by agreement and the cost shall be equally shared between the Father and the Maternal Grandparents. The results of the evaluation shall be shared between the parties and the Maternal Grandparents. JAN. 17. 2002 (THU) 12:10 COURTS PACE. -- 1 cc: 7. This Order is entered pursuant to an agreement of the parties and the Maternal Grandparents at a Custody Conciliation Conference. The provisions of this Order may be modified by consent of the parties and the Maternal Grandparents. In the absence of such consent, the terms of this Order shall control. 8. This Order is entered without prejudice or waiver by the parties or the Maternal Grandparents concerning intervention/joinder, standing or positions as to ongoing custody arrangements for the Child. Thomas I Williams, 111, Esquire - Counsel for Mother Kristin R. Reinhold, Esquire - Counsel for Father Donald T. Kissinger, Esquire - CounseI for Maternal Grandparents BY THE COURT, 2- 5-02; 1:02PM;C8ILO RESOURCE CNTR ;7177824124 # 2/ 9 VdInAdUa- PO. 8V 8108 Hffft p, PA 17105-a700 LoMaH' 2601 kWh W91R& kXftdutg PA 17110-20M 717 7E2.24E7 1=W7-543•5WE 717 ME-4124-Fax tan#*Nrrea10n ftuy -FinaII uWL GFABWJU. %a, FAGO.ri MOU uw t r TMESA RL SMITH, LSAAC.S.W. CWrO W d? PINNACLE HEALTH Friday, February 1, 2002 RE: Tyler Sunday Birth Date: March 2, 1999 SS#: 185-78-5150 Date of Examination: January 30, 2002 Date of Dictation: January 31, 2002 1 evaluated Tyler, age 2-1h, because of concerns about the possibility of abuse. The purpose of my examination was to diagnose and treat residua of abuse. Tyler was accompanied by his maternal grandmother, Sherry Sunday; his maternal grandfather, Tom Sunday; his paternal grandmother, Donna Byle; and his paternal grandfather, Jim Byle. Fast Medical History: Past medical history was reviewed with grandparents (primary historian was maternal grandmother, secondary historian paternal grandmother), and it is as follows: Tyler has experienced many hospitalizations for respiratory disease, beginning with admission to Harrisburg Hospital at the age of about 1 year with respiratory syncytial virus and asthma. He was also admitted to Hershey Medical Center on at least one occasion for treatment of asthma. Tyler was the product of pregnancy which terminated at or near term by emergency cesarean section for placenta previs, further complicated by abtuptio placentae immediately prior to decision to perform cesarean. Approximately four to five months ago, Tyler experienced a crushed hand when Stacey, biological mom's paramour's (John's) sister, closed a door on his hand. Care was provided in the emergency department (site thought to be Hershey Medical Center). Maternal grandma states that his fingers were bruised, but no cast were used. Presently Tyler has full range of motion without pain. R Member of the National Children's Alllance P- 5-02; 1:02PM;CHILD RESGURCE CNTR 7177824124 p ?„ 5 Tyler has not experienced a serious surgery or illness. He has no physical or mental handicaps. He has experienced no penile or anal injuries, operations, or infections. He has had no pain, itching, discharge or bleeding from his penis or anus. lie has not experienced pain. or bleeding on urinating or moving his bowels. He has not experienced constipation requiring the use of suppositories or enemas. He does not experience frequent vomiting or belly pain. He has never experienced convulsions, fainting or episodes of unconsciousness. He has had no other serious illnesses and there is no concern about exposure to HlW/ADS. Tyler and family members do not have a history suggesting easy bruising or brittle bones, Tyler has never previously undergone psychological evaluations or counseling- Tyler has been displaying concerning behaviors, as follows: • Maternal grandma states that she has seen Tyler stabbing himself repeatedly with the sharp end of a "little white rocket". This began 1-1/s to 2 months after biological mom moved out with her boyfriend to their own apartment. • Maternal grandma states that she has seen Tyler hitting his head with his hand very hard if he is told that he is naughty or if he is told that he has done something wrong. This began 1-`/z to 2 months after biological mom moved out with her boyfriend to their own apartment. • Grandma states that she has seen Tyler pinching and biting himself very hard if he is told that he is naughty or if he is told that he has done something wrong. This began 1-'h to 2 months after biological mom moved out with her boyfriend to their own apartment- • Maternal grandma states that she has seen Tyler pull his own hair vigorously and making motions as if he is trying to choke himself. This began 1-% to 2 months after biological mom moved out with her boyfriend to their own apartment. • If Tyler has done something wrong, he has been seen to head toward a closet. Tyler has stated that he gets locked in a closet if be's bad. This began 1-'/z to 2 months after biological mom moved out with her boyfriend to their own apartment. • Paternal grandma describes an incident in which she was changing him around Cbristmas, 2001. Immediately after taking his diaper off, Tyler stuck his finger into his anus. • Maternal grandma has noted Tyler's pulling very hard on his penis saying "John hurts." • Paternal grandma describes an incident in which Tyler asked her to touch his penis. • Paternal grandma describes an incident in which she told Tyler that she wanted to change his diaper, and he said that he was dry. She said "let's check anyway", and Tyler grabbed her by the neck. • Paternal grandma describes an incident in which Tyler, in anger, bit her on her left shoulder. • Maternal grandma describes Tyler's saying "no, no, John" in his sleep. This has happened repeatedly, always on the first night after returning from visitation with mom and John. • On occasion Tyler awakens screaming. When he is comforted, he recogni2es people in his environment, and he returns to sleep with comforting. These episodes tend to occur at about 2 to 4 a,m. • Maternal grandma states that Tyler has expressed fear of getting out of bed because he thinks there is an alligator under his bed and the alligator will get him if he gets out of bed. • Paternal grandma stated that, on several occasions, she and Tyler had to search the entire house, going from room to room together, for a person that frightens Tyler whom Tyler 2 2- 5-02; 1:02PNI;Ch ILG RESOURCE CNTR 7177824124 9 4/ 9 described as "the big man." When Tyler refers to "the big man" he is referring John's father, according to paternal grandma- • Tyler has expressed a desire to not be with certain people, saying that they are bad. These people include Stacey, John, John's mother and others. • Maternal grandma states that she has seen bruising on Tyler when returning from visitation with mom and John. The braises have been on the right lateral hip, right posterior upper thigh and right posterior flank. In addition, according to maternal grandma, biological mom. was observed yanking Tyler's legs through the leg -openings of a grocery store shopping cart child seat, striking Tyler's legs progressively along the length of his legs on the metal leg openings- • On one occasion maternal grandma went to pick up Tyler at mom's apartment, where mom, clawing at the back door, screaming for daddy, looking terrified. At this time John was taking care of him. Maternal grandma noted Tyler's apparent fear of John and unwillingness to go near John. • Both grandmas describe episodes in which Tyler's affect becomes extremely flat of expressionless, beginning last summer. I asked if Tyler has imaginary friends, and paternal grandma described episodes which began about one month ago in which, while Tyler was in the car with her, she noted him talking to someone not present. • It has been noted that, when Tyler feels uncomfortable with what someone is talking to him about, he changes the subject. Biological dad lives with paternal grandparents. Tyler has undergone prior evaluation for concerns about the possibility of abuse at Lebanon Children's Services. According to maternal grandma, if she corrects him when he does something wrong, he has a tantrum (which she feels is normal for his age), but, in addition, he says that he is bad or naughty and that he has to go to bed. Sometimes he will say that he has to go to bed alone. When that happens, he will not allow anybody to accompany him to bed. Tyler takes no medicines on a regular basis for his asthma. He uses a nebulizer as needed. Physical Examination: 1 explained the purpose of the examination to Tyler and his grandparents and invited Tyler to prepare for the examination. Tyler was cooperative for the examination and was accompanied by his grandma throughout. Tyler's height is 40 in, and his weight is 381b. He is well-developed and well-nourished. Skin examination was notrnal. HEENT examination was normal. Heart examination: RSR, no murmurs heard. Lungs were clear to auscultation. There were no wheezes or respiratory difficulty. Z- 5-02; 1: CZPM; CH I LC RESOUPCE CNTR I7177824124 # 5/ 9 Breast examination revealed no abnormalities. Abdominal examination revealed no tenderness, organomegaly, or masses. Back examination was normal. Node examination revealed no adenopathy_ Extremity examination reveals no abnormalities. Genital examination was completed in the supine frog leg position with the use of gross, macroscopic and colposcopic visualization at magnifications varying from 5X to 30X with white and green light. Pubic hair was Tanner I. Genitals were Tanner I. Examination of his penis revealed that he was circumcised; there was no acute injury or scarring suggesting chronic or old injury. Examination of his scrotum revealed no acute injury or scarring suggesting chronic or old injury. His testes were normal. His perineum appeared normal. Examination of his external anal verge revealed a symmetric rugal pattern, normal response to traction, and normal sphincter tone. I obtained oral, genital and anal cultures for chlamydia and gonorrhea. These findings were documented by video recording, from which photographs can be produced. Earl Greenwald, M.D. Electronically Reviewed and Signed 4 5-02; 1:02PM;CNILO RESOURCE CNTR 0NMRER'9 AE URGE CEMEfl NUMCAddrm PG. 3m, 67M Nwftu1A. PA 17105.87CC Ladbn: 2501 Nmlh SbChat Rdegpuryy FA 17110-2008 717 762-2467 1-577.393401$ 717782.4124-Fox WANDp MzftaWth.mS-Erred EARL GREEA111M, MC., FACCC Modu Oremr YE96SA M. SMI1R. L&K, A.Q&W o9wmor ;-,177824124 # Ei 9 4'*> PI NNACLEHEALTH CHILD ABUSE INTERVIEW REPORT Friday, February 1, 2002 RE: Tyler Sunday )Birth Date: March 2, 1999 SS#: 185-78-5150 Date of Interview: January 30, 2002 Date of Dictation: January 31, 2002 Observing Tyler at play as f reviewed his pediatric health history with his grandparents, I felt that Tyler might be mature enough in communication for us to interview him. He is presently 34 months of age. We asked Tyler how old he is, and he said "2" and hold up two fingers. We asked Tyler "how many fingers is that?", and he said "one, two." We put an empty play-doh container down on the table in front of Tyler and grave him a piece of play-doh. We asked Tyler to perform the following, which he did without difficulty: Put the piece of play-doh inside the cup, which he did without difficulty. We turned the cup over and asked him to put the play-doh on top of the cup, which he did We then asked him to put the play-doh underneath the cup, which he did. We again turned the cup right side up and asked him to put the play-doh inside the cup and take it out of the cup, which he did. We asked Tyler to put his hands over his head, and you can take your hands down now. We told Tyler that he had done a good job following directions. Using a boy anatomic doll, Tyler name hair, eyes, nose, mouth, teeth, arms, hands, fingers (which he counted from one to five on one hand), eyes, pee-pee (his name for penis), back, butt (his name for buttocks), legs and feet. When we asked him what his name is for this (pointing to the breasts and bellybutton), he said "T don't remember" to each question. Holding up a woman play doll, Tyler named arm, back, butt and leg. When we asked what his name for this (pointing to the breasts of the doll) is, he did not respond. When we pointed to the A Member of the National Children's Alliance 2- 8-82; 1:02PM;Cr11'_C RESOURCE CNTR ;717782+129 # „ g urethral/vaginal area of the doll and asked what his name for it is, he said "I don't have one " We said "right, who has one?", and his response was unintelligible. We asked Tyler what parts on him his diaper covers, and he did not respond. When we asked whether his diaper covers his butt and pee-pee, he said "yes" to each question. When we asked whether his diaper covers his arm, foot and nose, he said "no" to each question. We asked "does your pee-pee hurt?", and Tyler said "no." We asked "did anyone ever hurt your pee-pec?", and he said "no." We asked "did your pee-pee ever get hurt?", and he said "no." We asked "did your pee-pee ever hurt you?", and he said "no." We asked "did anyone ever hurt your pee-pee?", and he said "no." We asked "did anybody ever hurt your butt'?", and he said "no." We asked "who's allowed to touch your pec-pcc?", and he said "I do." We asked "does anyone else touch your pee-pee?", and he said "yes-" We asked "who touches your pee-pee?", and be said "I do." We asked "who's allowed to touch your butt?", and be did not respond We asked "are you afraid of anyone?", and he said "no." We asked "is there anyone who makes you feel scared?", and he said "no." We said "Tyler, who changes your diaper?", and he did not respond We asked "Tyler, do you have any ,secrets?", and he said "yes." We asked "who asked you to keep a secret?", and his response was unintelligible. We asked "what is the secret?", and he did not respond. We asked "what's mom's name?", and he did not respond. We asked "what's mommy's name?", and he said "she's at home:' We asked "what do you call mommy?", and he said "mommy." We asked "do you live in mommy's house?", and he said "yeah." We asked "does anyone else live with mommy?", and Tyler said "no." We asked "where does John live?", and Tyler said "mommy's house." We asked Tyler if he has a pet, like a dog or a cat or something else, and he said "no: " We asked "what do you do when John is taking care of you?", and he said "play with toys. I'm making a snowball", pointing to the play-doh ball he had ,just made. We asked "what do you do when you're with mommy?", and he said "play." We asked "do you go places with mommy?", and Tyler said "no." We asked "what do you do when you're with John?", and Tyler said "I play with him." We asked "what do you play with John?", and Tyler said "cars." We asked "do you like John?", and Tyler said "yes." We asked "dad anybody hurt you?", and Tyler said "no." We asked "did anybody hit you?", and Tyler said "no." We asked "did John hurt you or hit you?", and Tyler said "no" to each question. 2- 5-02; 1:02PM; CHILD RESOURCE CFJTR We thanked Tyler for talking with us. Additional Information Reviewed After Examination of Tyler: ;7777524124 A Si 5 After Tyler dressed and returned with his grandparents to the counseling room, we sent Tyler to the playroom with adult supervision. I asked grandparents to talk more about Tyler's their indicating on the health history that Tyler has been sexually acting out. Maternal grandma stated that, when she was changing his diaper, he said "no suck with mouth." Maternal grandma said "excuse me?", and Tyler said "no suck with mouth, In ease." I asked whether this happened one time or more than once, and maternal grandma said that it has happened live or six times in front of various people, including Tyler's mom (who then picked him up immediately and took him out to the car, saying that he had to go to the car to nap), one time when a neighbor was present (Sarah Radabaugh), and once when maternal grandma's daughter, Erin, was present. Maternal grandma stated that, about a month ago, she noted what looked like a suck mark ("a hickey"), immediately above his penis. Paternal grandpa stated that once, while changing Tyler's diaper, Tyler said "shame, shame, shame", and moved away, as if grandpa was doing something wrong in changing Tyler's diaper. Paternal grandma stated that she was, on one occasion, reading a book called "A Day On The Farm" with Tyler. In this book, the mommy, wearing a red bandana (similar to a red bandana that Tyler's mom wears), was milking a cow. Tyler knocked the book out of grandma's hand saying "no, mommy, no On one occasion Tyler was noted, while playing with his big bear doll, playing between the legs of the big bear doll, then pulling and punching at the genital area of the doll. Impression: Tyler's developmental level seems appropriate. Although it appeared, when I initially met Tyler, that he might be able to give a cohesive and meaningful interview, he was not able to do so. Tyler's maternal and paternal grandparents have observed a wide range of behavioral changes which are concerning. Some fall within the range of deeply concerning, such as: • Grabbing at maternal and paternal grandma's as if trying to choke them • Inserting his finger into his rectum (not just touching his rectum) • Asking maternal grandma to touch his penis • Biting paternal grandma's shoulder • Pulling vigorously on his own penis (not a common form of masturbatory activity commonly seen in children at this age) , ;7177824124 5I 9 2- 5-02; 1:02PM;CHLC RESOURCE CNTR • Violent pulling on the genital area of his play bear • Tyler's statement to maternal grandma "no suck with mouth" Tyler is not of an age in which I can conduct a meaningful interview or, therefore, obtain information from him which would either affirm or deny abuse. Observations by Tyler's grandparents of his behavioral changes, and of bruising not consistent with accidental injury, suggest that Tyler may be experiencing abuse- Furthermore, the behavioral changes are of a number and severity to make psychological evaluation indicated and urgently needed. In the context of psychological therapy, it is likely that many of these behaviors will improve. In addition, in the context of a psychotherapist's trusting relationship with Tyler, if abuse is Occurring it is likely that he will feel comfortable and begin to discuss these occurrences with his therapist. Plan: Until there has been further evaluation, it may be best if mom's and John's access to Tyler occur under full supervision. I recommend that Tyler undergo psychological evaluation and, as deemed necessary by the therapist, ongoing therapy. I will see Tyler again if further care or evaluation is regtdred. Earl Greenwald, M.D. Ekelronkally Reviewed and Signed 4 , , , HILLARY A. SUNDAY, Respondent/Plaintiff V. JOSEPH M. BYLE, Petitioner/Defendant , a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE The undersigned, Beth Lengel, hereby certifies that a copy of Defendant's Petition for Emergency Relief was served upon Thomas J. Williams, III, Esquire and Donald T. Kissinger, Esquire, on February 6, 2002, by first class mail, postage pre-paid, addressed as follows: Thomas J. Williams, III, Esquire 10 East High Street Carlisle, PA 17013 Attorney of Record for Hillary A. Sunday Donald T. Kissinger, Esquire 130 Walnut Street Harrisburg, PA 17101 Attorney of Record for Thomas C. Sunday and Sheryl A. Sunday Date: Qa 6? ZM44 Beth Lengel .., CT) Po U 7 L 1 - .. i G HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant NO. 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 7t' day of January, 2002, upon consideration of the Petition for Joinder or, in the Alternative, Petition for Intervention filed on behalf of Thomas C. Sunday and Sheryl A. Sunday on January 3, 2002, and upon relation of Petitioners' counsel, Donald T. Kissinger, Esq., that he is not requesting action by the court at this time but wishes to leave the matter pending, no action will be taken by the court at this time on the petition and counsel are requested to notify the court at such time as action on the petition is desired by either party or Petitioners. BY THE COURT, 1Thomas J. Williams, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff /Kristin R. Reinhold, Esq. 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant O1-o7-oz ?- c: Cnr?, G. y L:. f?v onald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Petitioners :rc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILLARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE, Defendant AND NOW, this NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODYNISITATION ORDER OF COURT day of 2002, upon consideration of the within Petition, it is hereby ORDERED and DECREED that Thomas C. Sunday and Sheryl A. Sunday are joined as parties in the above-captioned custody action. It is further ORDERED that the caption to the above action shall be amended to reflect the joinder of Mr. and Mrs. Sunday and that all prior and subsequent court filings and orders shall be served upon their counsel. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILLARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE, . Defendant AND NOW, this NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODYNISITATION ORDER OF COURT day of 2002, upon consideration of the within Petition, it is hereby ORDERED and DECREED that leave is granted for Thomas C. Sunday and Sheryl A. Sunday to intervene in the above-captioned custody action. Any subsequent petitions filed in this case, or orders of court entered herein, shall be served upon counsel for Mr. and Mrs. Sunday. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILLARY A. SUNDAY, ) Plaintiff ) V. ) ) JOSEPH M.BYLE, ) Defendant ) NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY/VISITATION C) C rT ;I1 =? r < c? tv AiT a-7 :i c PETITION FOR JOINDER OR. IN THE ALTERNATIVE, PETITION FOR INTERVENTION -- C y L -c AND NOW, comes Petitioners, Thomas C. and Sheryl A. Sunday, by and through their O counsel, Howett, Kissinger & Conley, P.C., who hereby file the instant Petition for Joinder or, in the Alternative, Petition for Intervention and in support thereof aver as follows: 1. Petitioners are Thomas C. Sunday and Sheryl A. Sunday (hereinafter "Grandparents'), the maternal grandparents of the subject minor child, Tyler Christian Sunday, born out of wedlock on March 2, 1999. 2. Respondents are Hillary A. Sunday (hereinafter "Mother") and Joseph M. Byle (hereinafter "Father"), the parties in the above-captioned custody action and the biological parents of Tyler. 3. On July 25, 2000, the Court of Common Pleas of Cumberland County issued a custody order in the above-captioned custody action granting Mother primary physical custody of Tyler and giving Father periods of partial physical custody. A copy of the court's order is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. For significant portions of his lifetime, Tyler and Mother resided with Grandparents at Grandparents' residence. Mother has a history of psychiatric hospitalization, and over the past year she has been hospitalized on several occasions, the most recent continuing at least through December 17, 2001. 6. During those periods that Mother has been hospitalized, Tyler has resided with Grandparents and has been under their primary care. During those periods in which Grandparents had physical custody of Tyler, Father continued to exercise his periods of partial custody. 8. From December 2, 2001, through the New Year's weekend, Grandparents had physical custody of Tyler except for a week and a half when Father refused to return Tyler after a visit. 9. On the New Year's weekend, Father exercised his right of partial physical custody; however, upon the conclusion of his period of partial physical custody, he refused to return Tyler to Grandparents, and Tyler continues to be in the primary physical custody of Father. 10. On or about December 14, 2001, Father filed a Petition for Emergency Relief seeking primary physical custody and legal custody of Tyler pending a full custody hearing, which said filing was prompted by Mother's most recent hospitalization. 11. Under Rule 1915.6(a), it is mandatory that the Court join a person who has physical custody of a child subject to a custody action because that custodian is considered to be a necessary and indispensable party to the action. 12. Inasmuch as Grandparents had physical custody of Tyler from December 2, 2001, through New Year's weekend and would continue to have physical custody of Tyler had it not been for Father's refusal to return Tyler following his period of partial custody, and given the fact that Tyler has resided with Grandparents for a significant portion of his life, Grandparents are a necessary party to this action and must be joined. 13. In the alternative, Rule 1915.6(b) provides that any person who claims to have rights of visitation or custody with respect to the subject child of a custody action has the right to intervene in a custody action. 14. As Grandparents have a colorful claim of custody or visitation, they have the right to intervene in this custody action, and leave should be granted to permit the intervention. WHEREFORE, Petitioners respectfully request the Court issue an order joining them as parties to the above-captioned custody action or, in the alternative, issue an order granting them the right to intervene therein. Date: Respectfully submitted, Donald T. Kissinger, Esquire HOWETT, KISSINGER & C EY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Petitioners Thomas C. and Sheryl A. Sunday VERIFICATION I, Sheryl A. Sunday, hereby swear and affirm that the facts contained in the foregoing Petition for Joinder or In the Alt ma ; v P ; ; on frr r*,rat?e true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: January 3, 2002 -Sheryl A. mday VERIFICATION I, Thomas C. Sunday, hereby swear and affirm that the facts contained in the foregoing Petition for Joinder or In the Alternative Petition for InterventAw true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: January 3, 2002. omas C. Sunday C- l T- 0 1 M O N Y 1: 2 T T. C. SUNDAY. I N C- P. 0 9 ?r„r'.1".rr-.•.•TM 1 ?C?ERL.AI? ?1`Y/ PE`?NSYLYANI+? NO. 00^2631 CML TERM CML ACTION - LAW Defendant CUSTODY CRDER CF C3W AND NCW.- this JJ ?h day of "7 ? , 2000, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. The Mother, Binary A. Sunday, and the Father, 'loseph M. Syle, shall have shared legal custody of Tyler Christian Sunday, born March 2, 1949. 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 us..health, education and religion. The parties shall notify each other as promptly as,possible of any medical emergencies which arise or of any significant medical treatment required by the Child during that party's period of custody. 2. The mother shall have primary physical custody of the child. 3. The Father shall have partial physical custody of the child or, alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The Father's periods of alternating weekend custody shall begin on Friday, July 28, 2000. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CMUSTMIki. the Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. She Father shall have custody of the Child during Segment A in even numbered years and during Segment H in odd numbered years. The mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. H. ALTF,RNp.TIIeG BOUMS: The parties shall. alternate having custody an a fo lowing holidays from 9;00 a.m. until 4:00 p.m.: New Years Day, Easter, Meftm al._Day, July 4th, Labor 17-01 MON 11 .2_8 ... T. ..C. SUNDAY, ...._. .. .. . I N[^ P . 1 0 Sh4nksj vii:gs and tW Father ? shall have custody on Nov Yearn ?Ddy, ~j 3a1`? Day `air?1 Labor' Day. In odd numbered years, the ct ..,:., s. b !lot?iar:; sha32': have cwtody of the Child on New Years Day, Menrorial'Day and Labor Day, and the Father shall have custody °cn Easter, July 4th and Thank_Sgiving. MGffiHt'S bAY/FAT8P12'3 DAY: The Mother shall have custody of the Ch ld every year on Mother's Day from 9:00 a.m. until 4:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Beginning in 2001, the Father shall also have custody of the Child during the summer each year for two non-consecutive weeks upon providing at least 60 days advance notice to the Mother. 6. Unless otherwise agreed between the parties, all exchanges of custody under this Order shall take place at the McCanald's restaurant on Route 114 in silver Spring Township. The parties shall cooperate in attempting to resolve the conflicts which prevent amicable exchanges of custody at the parties respective residences. 7. Both parties shall refrain from smoking in the Child's presence and shall ensue that third parties comply with this restriction during their periods of custody. 8. Both parties shall follow the recommendations and instructions of the Child's physician with respect to special precautions or care for the Child. 9. in the event the Father is unavailable to care for the Child during his periods of custody either due to his employment or other unavoidable circumstances, the Father shall make arrangements with the Child's paternal grandparents to provide the care. In the event the parternal grandparents are unavailable to provide care for the Child, the Father shall contact the Mother to offer her the opportunity to provide care for the Child before contacting other third party caregivers. 10. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party, including the address and telephone number where the Child can be contacted. il. After the parties have exchanged custody at the McDonalds restaurant in accordance with paragraph 6 of this order for a period of at least two months from the data of this Order, counsel for either party may contact the Conciliator to request the scheduling of an additional Conference, if necessary, to address any problems specifically related to the exchange of custody. DEC- 1 T-01 MON 11:29. T_ C_ SUNDAY, I NCB.-. P_ 1 1 an. " : cYyn e1.....la '.f •.: rte. +Gasefiarence.::. The parties may modify the provisions of - Y„ m?taaS76*hient. : rn the absence of muttal c=ent, the terms :: ", ltit3.c afiall`ocntrol. .a? 112• {. n. .%.:..,:.'?n•.. I' BY THE COURT I LS J. CC: Thanes J. Williams, Esquire - Counsel for Mother Kristen Reinhold, Esquire - Counsel for Father i 7Ze1r C,nY ?1f114 n D In Test:rrr: h.r!^`. i.: r my hand thy' r„ oof s?id'a:r: at GrU;le, Pa. and This[.. d o44.?.. lJCt ?othonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILLARY A. SUNDAY, ) Plaintiff ) V. ) JOSEPH M. BYLE, ) Defendant ) NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODYNISITATION CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Thomas C. & Sheryl A. Sunday, hereby certify that a true and correct copy of the foregoing Petition for Joinder or, in the Alternative, Petition for Intervention was served upon Thomas J. Williams, III, counsel for Plaintiff, Hillary A. Sunday, and Kristen R. Reinhold, Esquire, counsel for Defendant, Joseph M. Byle, by hand-delivery and by facsimile transmission on January 3, 2002, addressed as follows: Thomas J. Williams, III, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 and Kristen R. Reinhold, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 Date: J - Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street 1 P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Petitioners Thomas C. & Sheryl A. Sunday HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2631 CIVIL TERM JOSEPH M. BYLE, CIVIL ACTION - LAW Petitioner/Defendant CUSTODY ORDER OF COURT AND NOW, this 1 Aay of ?cce -1 Le), 2001, upon consideration of the attached Petition for Emergency Relief, it is hereby ordered that Petitioner shall be entitled to primary physical and legal custody of the subject minor child, Tyler Christian Sunday, bo arch 2, 1999c, pending a Z- 2)_". ?2 OI?i ?{i a00a ctt`- BY THE COURT: j J. I HILLARY A. SUNDAY, Respondent/Plaintiff V. JOSEPH M.BYLE, Petitioner/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes the Petitioner, Joseph M. Byle, by and through his attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court enter an emergency order awarding him primary physical and legal custody of the subject minor child, Tyler Christian Sunday, and in support thereof, avers the following: 1. The Petitioner is Joseph M. Byle, the natural father of the subject minor child who currently resides at 4633 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania. 17011. 2. Respondent is Hillary A. Sunday, the natural mother of the subject minor child, currently believed to be residing at 78 East Carlisle Pike, New Kingstown, Cumberland County, Pennsylvania. 17072. 3. The subject minor child is Tyler Christian Sunday, born March 2, 1999. 4. An Order of Court dated July 25, 2000, entered by the Honorable J. Wesley Oler, Jr., awarded Respondent primary physical custody of the subject minor child. Petitioner was awarded partial physical custody on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The parties enjoy shared legal custody, as well as shared physical custody on holidays. A copy of the Court's Order, marked Exhibit "A", is attached hereto and incorporated herein. 5. Over the past nine months, Respondent has been hospitalized on at least four occasions for emotional disorders including depression. To Petitioner's knowledge, Respondent has been hospitalized at the following facilities on the following dates: a. From April 16, 2001 to May 6, 2001 - Respondent was hospitalized at Phil Haven. b. From June 3, 2001 to June 8, 2001 - Respondent was hospitalized at Phil Haven. c. From November 18, 2001 to November 31, 2001 - Respondent was hospitalized at Hershey Medical Center Psychiatric Unit. d. From December 2, 2001 to December 12, 2001 - Respondent has been hospitalized at Phil Haven 6. Respondent has attempted to kill herself on at least one occasion in the past few months by taking an overdose and attempting to slit her wrists. 7. On December 1, 2001, Respondent's parents, Tom and Sherry Sunday, contacted Petitioner's parents, James and Donna Byle, and requested that they take immediate custody of the subject minor child. Respondent's parents indicated that Respondent attempted to forcefully take custody of the subject minor child from them on December 1, 2001, after just being released from the Hershey Medical Center Psychiatric Unit. Respondent's parents did not believe Respondent was mentally fit and able to care for her child. The police were called to Respondent's home as a result of this incident. A copy of the Incident Report, marked Exhibit "B" is attached hereto and incorporated herein. 8. On December 1, 2001, after the police came to Respondent's home, Respondent consented to Petitioner's parents assuming custody of the subject minor child. A copy of Respondent's note, marked Exhibit "C" is attached hereto and incorporated herein. On December 1, 2001, Petitioner was out of state for employment reasons. 9. On December 2, 2001, Respondent was hospitalized at Phil Haven, believed to be suffering from severe depression. 10. On December 12, 2001, Respondent checked herself out of Phil Haven and has demanded custody of the subject minor child from the Petitioner. It is unknown whether Respondent checked herself out of Phil Haven against physicians' recommendations. 11. The subject minor child has been in the care and custody of the Petitioner since December 1, 2001. 12. Petitioner believes and therefore avers that Respondent is not physically or mentally capable of caring for her child at this time. 13. Petitioner believes and therefore avers that Respondent is a danger to the subject minor child due to her current mental state. 14. Petitioner believes and therefore avers he can provide a stable and emotionally healthy home for the subject minor child. 15. Petitioner has filed a Petition to Modify Custody contemporaneous with the filing of this Emergency Petition. WHEREFORE, Petitioner respectfully requests this Honorable Court award him primary physical and legal custody of the subject minor child pending a full hearing on his Petition for Modification of Custody. Date: ! k & Respectfully submitted, Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Joseph M. Byle 5922 Linglestown Road AFFIDAVIT I, ?aasePH to I0<4-rz- , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: 1?I3 ?? 1 rv l - HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-2631 CIVIL TERM JOSEPH M. BYLE, : CIVIL ACTION - LAW Petitioner/Defendant : CUSTODY CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of Defendant's Petition for Emergency Relief was served upon Hillary A. Sunday as well as her last known attorney, Thomas J. Williams, Esquire, on December 14, 2001, by first class mail, postage pre-paid, addressed as follows: Hillary A. Sunday 78 East Carlisle Pike New Kingstown, PA 17072 Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013 Date: ("I U <}u __ Renee Dreisbach HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant CUSTODY ORDER OF COURT AND NOW, this day of -,7U , 2000, upon consideration of the attached Custody Conciliation R *port, it is ordered and directed as follows: I. The Mother, Hillary A. Sunday, and the Father, Joseph M. Byle, shall have shared legal custody of Tyler Christian Sunday, born March 21 1999. Each parent shall. have an equal right, to be exercised jointly with the other parent, to make all major rpn-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his healthy education and religion. The parties shall notify each other as promptly as possible of any medical emergencies which arise or of any significant medical treatment required by the Child during that party's period of custody. 2. The Mother shall have primary physical custody of the Child. 3. The rather shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The Father's periods of alternating weekend custody shall begin on Friday, July 28, 2000. 4. 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 Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas 'Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during segment A in-even numbered years and during segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. ALTERNATING HOLIDAYS: The 'parties shall alternate having custody on the fol owing holidays from 9:00 a.m. until 4:00 p.m.: New Years Day, :aster, Memorial Day, July 4th, Labor Day, and Thanksgiving. In even numbered years, the Mother shall have custody of the Child on Easter, July 4th and Thanksgiving and the Father shall have custody on New Years Day, Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on New Years Day, Memorial Day and Labor Day, and the Father shall have custody on Easter, July 4th and Thanksgiving. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 4:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Beginning in 2001, the Father shall also have custody of the child during the summer each year for two non-consecutive weeks upon providing at least 60 days advance notice to the Mother. 6. Unless otherwise agreed between the parties, all exchanges of custody under this order shall take place at the McDonald's restaurant on Route 114 in Silver Spring Township. The parties shall cooperate in attempting to resolve the conflicts which prevent amicable exchanges of custody at the parties respective residences. 7. Both parties shall refrain from smoking in the Child's presence and shall ensure that third parties comply with this restriction during their periods of custody. 8. Both parties shall follow the recommendations and instructions of the Child's physician with respect to special precautions or care for the Child. 9. In the event the Father is unavailable to care for the Child during his periods of custody either due to his employment or other unavoidable circumstances, the Father shall make arrangements with the Child's paternal grandparents to provide the care. In the event the parternal grandparents are unavailable to provide care for the Child, the Father shall contact the mother to offer her the opportunity to provide care for the Child before contacting other third party caregivers. 10. in the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party, including the. address and telephone number where the Child can be contacted. 11. After the parties have exchanged custody at the McDonalds restaurant in accordance with paragraph 6 of this order for a period of at least two months from the date of this order, counsel for either party may contact the Conciliator to request the scheduling of an additional Conference, if necessary, to address any problems specifically related to the exchange of custody. 12. 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, I- 5j cc: Thomas J. Williams, Esquire - Counsel for Mother Kristen Reinhold, Esquire - Counsel for Father `? ? z3 s, t my hand to Test r , and the ?z;sl e J--aid our' at Carlisle, Pa. This . ....Go .?.! ?., Q.? . ......./..... rothonetary HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant CUSTODY CUSTODY CCNCILIATICN SUC74ARY REPOT 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 C:tiT2RE MY IN CUSTODY OF Tyler Christian Sunday March 21 1999 Mother 2. A Conciliation Conference was held on July 18, 2000, with the following individuals in attendance: The Mother's counsel, Thomas J. Williams, Esquire, and the Father, Joseph M. Byle, with his counsel, Kristen Reinhold, Esquire. The Mother, Hillary A. Sunday, was not able to attend the Conference due to the illness of a traveling companion while returning to the area. The Mother's parents were present at the Conciliator's office on the Mother's behalf, although they did not participate directly in the Conference at the Father's request. 3. The parties (through counsel and the mother's parents on behalf of the mother) agreed to entry of an order in the form as attached with the exception of the provision on the place of exchange which is the recommendation of the Conciliator at the Father's request (in light of an existing PFA) but over the mother's objection as unnecessary. Date-? ' Dawn S. Sunday, Esquire Custody Conciliator 3EC-07-01 FRI C9!55 PHE.M EXEC OFFICE F:9X NO 7177203502 0,02!03 1DISIPINC) GR83 UCPPSILI DISPATCH INCIDENT: 20011200010 SIL CALL TYPE: INFORMATION GIVEN (0-AGRNCS;) PAGE: 1 LOCATION r3k;D CCL UCR IPG DISPO PRI ------------------------------------------------------------------------------ 0b475 CARLISL2 PIKE 0101 811 0000 Y 03 4 ALARM rTU DPAT VEH-REGISTRAT MAKE DATE RECV DISP ARRV CLR TOTT REP ------------------------ •------------------------------------------------------- x DMS2 20011201 1410 7,410 1410 1600 0110 N UNIT BA7G OFFIC$R ----------------------•------------------------------------------------------- 53 24.11 MCDONALD DEBORAH M 20011201 1410 1410 1600 NAMES: SMMAY HILLARY (C) 000 000 0000 AGE 23 SUNDAY T014 (0) 717 766 5468 PARENT OF HILLARY BYLE JIM (O) 717 761 4946 4633 SOUTH CLEARVIEW DRIVE, CAMP HILL, PA COMMENTS: COMP. REPORTED ON STATION THAT SHE HAD nST BEEN RELEASED PROM HOLY SPIRIT MENTAL HEALTH UNIT AFTER A 30 DAY STAY. COMP, HAS A 2 YEAR OLD SON TYLER. TYLER STAYED WITH HER PARENTS IN NEW KINGSTOWN WITH HER PERMISSION DURING HER STAY IN HOSPITAL M- MP. RELAYED SHE SUFFERS FROM DEPRESSION, COMP. REPORTED THAT WHEN SHE WENT TO PICK REF SON TIP AT HER PARENTS THEY WOULD NOT RELEASE HIM AND AN ARGUMENT ENSUEI]. COMP. LEFT WITHOUT HER SON AND CAME TO THE STATION TO SPEAR WITH POLICE.. APPARENTLY COMP. LIVES IN HERSHEY IAAM SPORE WITH A SGT. THERE REF. HER PARENTS NOT RETURNING TYLER. i SPORE WITH MRS, SUNDAY WHO RELAYED HER DAUGHTER IS NOT WELL AND THAT SHE IS AFRAID FOR TYLERS SAFETY IF HE GOES WITH HIS MOTHER NOW. MRS. SUNDAY REPORTED THAT SHE HAS SEEN TYLER PRIOR TO A MONTH AGO, WITH BRUISES AROMM HIS DIAPER LINB. AND HE HAS TOLD HER. WHILE SHE WAS CHANGING HIM NOT TO 14UPT HIM. MRS. SUNDAY ALSO REPOICIEiD THAT SHE HAS SEEN WHERE TYLER HAS FAD ON A, DIAPER WITHOUT BEING CHANGED APPARENTLY ALL DAY- APPARENTLY MR. AND MRS SUNDAY HAVE SPOKEN TO AN ATTORNEY ABOUT THBIR DAUGHTERS BEHAVIOR AND ABOUT THE WELFARE OF HER GRANDCHILD. DEC-07-O1 FRI C9:55 PHEAA EXEC OFFICE FAX NO. 7177203902 P,031/03 (DISIP'_NC) DISPATCH INCIDENT: 20011200010 SIL I ALSO SPOKE WITH MR. BILE, 'THE PATERNAL GRANDFATHER OF TYLER. APPARENTLY TYLERS FATHER IS IN FLORIDA, MR. BILE ALSO RELAYED HE IS CONCERNED FOR TYLER AND ALSO WILL BE SEEKING LEGAL ADVISE. I CALLED THE ON CALL D.A. MICHELLE SIBERT. MS. SIBERT INFORMED ME THAT T.F THE CHILD IS SAFE WHERE HE IS THERE IS NOTHING I CAN DO AS A POLICE OFFICER AND THE COMP. WILL HAVE TO SEE LEGAL SERV. ON MONDAY TO OBTAIN AN ORDER TO GET HER SON BACK IF THE PARENTS WILL NOT RETURN HIM_ MR_ SI85.1ZT THEN ADVISED THAT I SHOULD INFORM CHILDREN AND YOUTI2. I HAD C.C.C. CALL THE. ON CALL CHILDREN AND YOUTH. MS. LINDA LAMMEY. MS. LAMMEY WAS INFORMED OF THE SITUATION AND OF WHAT THE ADA INFORMED ME. MS. LAMMEY RELAYED SHE WILL TALK WITH THE SUNDAYS BUT IF THE CHILD IS IN A SAFE ENVIROMENT THEY WILL NOT SPEAK TO THE FAMILY IP_VTIL SOMETIME NEXT WEEK- I INFORMED COMP. AND ADVISED HER OF THE INFO I RECEIVED AND TO CONTACT LEGAL SERVICES, THE COMP. DID SEEM CALMED DOWN BY THIS TIME AND DID AGREE TO GO HOME AND SEEK LEGAL ADVISE ON MONDAY. L 1 U `i zc? GRS2 UCFPSILI PACE: 2 1 ri r 4-60LQ- v j I i 12--j) tk U y r` t i..i i ti PN? ES DATA U\Gmdoccud9720-..l C eaz d: 04/28/0011:38:48 AM Revisal: 04/28/00 115241 AM HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-0?631 CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7A day of / ,ftpV_, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before 5-+-e4 the conciliator, at Al A41N S11, 5 ? 004 on the6V day of at b 12.m. for a Pre-Hearing Custody Conference. At uch conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Lo.."a? ? -aa V - Cus ody 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 hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FIE( NE1CE CE THT IMOT0,10TARY 03 MAY -5 PH 3: QQ CtIi?IBEI LNZ COUNTY PENNSYLVANR c"? HILLARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-,263 / CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Hillary A. Sunday, an adult individual currently residing at 78 East Carlisle Pike, New Kingstown, Cumberland County, Pennsylvania. 2. Defendant is Joseph M. Byle, an adult individual currently residing at Summerdale Apartments, 105 Summer Lane, Enola, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Tyler Christian Sunday, who was born on March 2, 1999. The child was born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Since his birth to 3/11/00, the child resided with Plaintiff at 453 First Street, Carlisle. From 3/11/00 to 4/24/00, the child resided with Plaintiff and Defendant at Summerdale Apartments, 105 Summer Lane, Enola. From 4/24/00 to the present, the child has resided with Plaintiff and her parents at 78 East Carlisle Pike, New Kingstown. 4. The relationship of the Plaintiff to the child is that of mother. She is single and living separately. The Plaintiff currently resides with the following: Name Relationship Thomas Sunday Father Sherry Sunday Mother Tyler Sunday Son 5. The relationship of the Defendant to the child is that of father. He is single and living separately. The Defendant currently resides alone. 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 7. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because she is best able to care and provide for the child. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant her the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Willia squire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: VERIFICATION The foregoing Custody Complaint is based upon information which has been gatheredby my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Custody Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Joseph M. Byle Summerdale Apartments 105 Summer Lane Enola, PA 17025 MARTSON DEARDORFF WILLIAMS & OTTO Y Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: * la' c; cD - -ccf r; _ n .J JAI ?_.' c-? v G V e V RMXS\DATA MSS do ..\972a.u lltde Creked: 0428100 11:38:68 A Revisal 062'!!00 03:02:04 PM 9]20.1 HILLARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 2631 CIVIL ACTION - LAW IN CUSTODY ATTORNEY'S ACCEPTANCE OF SERVICE I, Mark Thomas Silliker, Esquire, attorney for Defendant Joseph M. Byte in the above-captioned action, hereby accept service of the Custody Complaint in the above action on on his behalf and certify that I am authorized to do so. SILLIKER & REMOLD By ark T omas Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 c> c c? c. ? -,,, ?. ?_ -? -o? ? -- z-, ?c , -<.4: ; f ?.? -? _ p. G W «r` ? ? ?- :? HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant CUSTODY ORDER OF COURT AND NCW, this day of T V' ? , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Hillary A. Sunday, and the Father, Joseph M. Byle, shall have shared legal custody of Tyler Christian Sunday, born March 2, 1999. 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. The parties shall notify each other as promptly as possible of any medical emergencies which arise or of any significant medical treatment required by the Child during that party's period of custody. 2. The mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The Father's periods of alternating weekend custody shall begin on Friday, July 28, 2000. 4. 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 At which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody on the following holidays from 9:00 a.m. until 4:00 p.m.: New Years Day, Easter, Memorial Day, July 4th, Labor vu PEE-NNS i L'\ Day, and Thanksgiving. In even numbered years, the Mother shall have custody of the Child on Easter, July 4th and Thanksgiving and the Father shall have custody on New Years Day, Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on New Years Day, Memorial Day and Labor Day, and the Father shall have custody on Easter, July 4th and Thanksgiving. C. MOTBER'S DAY/FATEWIS DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 4:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Beginning in 2001, the Father shall also have custody of the Child during the summer each year for two non-consecutive weeks upon providing at least 60 days advance notice to the Mother. 6. Unless otherwise agreed between the parties, all exchanges of custody under this order shall take place at the McDonald's restaurant on Route 114 in Silver Spring Township. The parties shall cooperate in attempting to resolve the conflicts which prevent amicable exchanges of custody at the parties respective residences. 7. Both parties shall refrain and shall ensure that third parties their periods of custody. from smoking in the Child's presence comply with this restriction during 8. Both parties shall follow the recommendations and instructions of the Child's physician with respect to special precautions or care for the Child. 9. In the event the Father is unavailable to care for the Child during his periods of custody either due to his employment or other unavoidable circumstances, the Father shall make arrangements with the Child's paternal grandparents to provide the care. In the event the parternal grandparents are unavailable to provide care for the Child, the Father shall contact the Mother to offer her the opportunity to provide care for the Child before contacting other third party caregivers. 10. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party, including the address and telephone number where the Child can be contacted. 11. After the parties have exchanged custody at the McDonalds restaurant in accordance with paragraph 6 of this order for a period of at least two months from the date of this order, counsel for either party may contact the Conciliator to request the scheduling of an additional Conference, if necessary, to address any problems specifically related to the exchange of custody. 12. 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. cc: Thomas J. Williams, Esquire - Counsel for Mother Kristen Reinhold, Esquire - Counsel for Father -f q a .11- r7- 2L-00 R?.3 BY THE COURT, HILLARY A. SUNDAY, Plaintiff VS. JOSEPH M. BYLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEOME 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: DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Christian Sunday March 2, 1999 Mother 2. A Conciliation Conference was held on July 18, 2000, with the following individuals in attendance: The Mother's counsel, Thomas J. Williams, Esquire, and the Father, Joseph M. Byle, with his counsel, Kristen Reinhold, Esquire. The Mother, Hillary A. Sunday, was not able to attend the Conference due to the illness of a traveling companion while returning to the area. The Mother's parents were present at the Conciliator's office on the mother's behalf, although they did not participate directly in the Conference at the Father's request. 3. The parties (through counsel and the mother's parents on behalf of the Mother) agreed to entry of an order in the form as attached with the exception of the provision on the place of exchange which is the recommendation of the Conciliator at the Father's request (in light of an existing PFA) but over the Mother's objection as unnecessary. Date Dawn S. Sunday, Esquire Custody Conciliator HILLARY A. SUNDAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 00-2631 CIVIL ACTION LAW JOSEPH M.BYLE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 20, 2001 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 Thursday, January 03, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: ls/ Dawn S. Sunda!, Esau Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 `R ?II Gr ^i`YIn Y ` ? v rs *? C11 c t i jlY• 1 ll r Iv x J!ARY Cat C 21 pM 2.48 cmB 1S1/ w cc)ub?Y pENNSYLVANIA AAAr-g-- .Y,a.LI.4 -6 -PL-Pp- f HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH M.BYLE, Petitioner/Defendant NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this _ day of , 2001, in consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel, shall appear before , the Conciliator, on the day of 2001, at .m., at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five and 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: Date: By: Custody Conciliator 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2631 CIVIL TERM JOSEPH M. BYLE, : CIVIL ACTION - LAW Petitioner/Defendant : CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 HILLARY A. SUNDAY, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. 00-2631 CIVIL TERM JOSEPH M. BYLE, : CIVIL ACTION - LAW Petitioner/Defendant : CUSTODY PETITION FOR MODIFICATION OF PREVIOUS CUSTODY ORDER AND NOW comes the Petitioner, Joseph M. Byle, by and through his attorneys the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court award him custody of the subject minor child, and in support thereto, avers the following: 1. Petitioner is Joseph M. Byle, an adult individual residing at 4633 South Clearfield Drive, Camp Hill, Cumberland County, Pennsylvania. 17011. 2. Respondent is Hillary A. Sunday, an adult individual believed to be residing at 78 East Carlisle Pike, New Kingstown, Cumberland County, Pennsylvania. 17072. 3. The subject child is Tyler Christian Sunday, born March 2, 1999. 4. The relationship of the Petitioner to the subject minor child is that of natural father. 5. The relationship of the Respondent to the subject minor child is that of natural mother. 6. An Order of Court dated July 25, 2000, entered by the Honorable J. Wesley Oler, Jr., awarded Respondent primary physical custody of the subject minor child. Petitioner was awarded partial physical custody on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The parties enjoy shared legal custody, as well as shared physical custody on holidays. A copy of the Court's Order, marked Exhibit "A", is attached hereto and incorporated herein. 7. Since the entry of the Court's Order dated July 25, 2000, the Respondent has been experiencing severe emotional disorders which have caused her to be hospitalized on four occasions. 8. Respondent has attempted to kill herself on at least one occasion in the past few months by taking an overdose and attempting to slit her wrists. 9. Petitioner believes and therefore avers that he is much better able to meet the needs of the subject minor child than the Respondent. 10. Petitioner believes and therefore avers that it is in the best interest of the subject minor child that he be placed in his legal and physical custody. 11. Petitioner is filing a Petition for Emergency Relief contemporaneously with the filing of this Petition to Modify Custody. WHEREFORE, Petitioner, Joseph M. Byle, respectfully requests this Honorable Court award him custody of the subject minor child. Respectfully submitted, ??f 0 THE LAW OFFICES OF Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Joseph M. Byle AFFIDAVIT I, oSEPrI M ?'I/ 1= , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: IP / 13w x HILLARY A. SUNDAY, : IN THE COURT OF COMM PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant CUSTODY ORDER OF COURT AMID NOW, this day of -I 1. , 2000, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. The Mother, Hillary A. Sunday, and the Father, Joseph M. Byle, shall have shared legal custody of Tyler Christian Sunday, born March 2, 1999. 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. The parties shall notify each other as promptly as.possible of any medical emergencies which arise or of any significant medical treatment required by the Child during that party's period of custody. 2. The mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The Father's periods of alternating weekend custody shall begin on Friday, July 28, 2000. 4. 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 Eve at 12:00 noon through Christmas Day at 12:00 noon, and segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The. Father shall have custody of the Child during Segment A in _ even numbered years and during Segment B in odd numbered years. The mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody on the following holidays from 9:00 a.m. until 4:00 p.m.: , New Years Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. In even numbered years, the Mother shall have custody of the Child on Easter, July 4th and Thanksgiving and the rather shall have custody on New Years Day, Memorial Day and Labor Day. In odd numbered years, the mother shall have custody of the Child on New Years Day, Memorial Day and Labor Day, and the Father shall have custody on Easter, July 4th and Thanksgiving. C. MUTHR'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 4:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Beginning in 2001, the Father shall also have custody of the Child during the summer each year for two non-consecutive weeks upon providing at least 60 days advance notice to the Mother. 6. Unless otherwise agreed between the parties, all exchanges of custody under this order shall take place at the McDonald's restaurant on Route 114 in Silver Spring Township. The parties shall cooperate in attempting to resolve the conflicts which prevent amicable exchanges of custody at the parties respective residences.. 7. Both parties shall refrain from smoking in the Child's presence and shall ensure that third parties comply with this restriction during their periods of custody.. 8. Both parties shall follow the recommendations and instructions of the Child's physician with respect to special precautions or care for the Child. 9. In the event the Father is unavailable to care for the Child during his periods of custody either due to his employment or other unavoidable circumstances, the Father shall make arrangements with the Child's paternal grandparents to provide the care- in the event the parternal grandparents are unavailable to provide care for the Child, the Father shall contact the Mother to offer her the opportunity to provide care for the Child before contacting other third party caregivers.. 10. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party, including the. address and telephone number where the Child can be contacted. 11. After the parties have exchanged custody at the McDonalds restaurant in accordance with paragraph 6 of this order for a period of at least two months from the date of this order, counsel for either party may contact. the Conciliator to request the scheduling of an additional Conference, if necessary, to address any problems specifically related to the exchange of custody. 12. 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, S J. cc: Thomas J. Williams, Esquire - Counsel for Mother Kristen Reinhold, Esquire - Counsel for Father `'604: ?,?s.,\ . h.r s t my hand in Testim Seal o` said dart a; Cariale, Pa. and th n This . ....h.WAdo . ?? ?}:p othonotary HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant CUSTODY CUSTODY CCNCILIATICN suw4ARy REPORT IN ACCORDANCE WITH CUMMERLAND 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 BIR'T'H CURRENTLY IN CUSTODY OF Tyler Christian Sunday March 2, 1999 Mother 2. A Conciliation Conference was held on July 18, 2000, with the following individuals in attendance: The Mother's counsel, Thomas J. Williams, Esquire, and the Father, Joseph M. Byle, with his counsel, Kristen Reinhold, Esquire. The Mother, Hillary A. Sunday, was not able to attend the Conference due to the illness of a traveling companion while returning to the area. The Mother's. parents were present at the Conciliator's office on the Mother's behalf, although they did not participate directly in the Conference at the Father's request. 3. The parties (through counsel and the Mother's parents on behalf of the mother) agreed to entry of an Order in the form as attached with the exception of the provision on the place of exchange which is the recommendation of the Conciliator at the Father's request (in light of an ,existing PFA) but over the Mother's objection as unnecessary. Dat ' Dawn S. Sunday, Esquire Custody Conciliator c^? V 1?4 c f?' HILLARY A. SUNDAY, Respondent/Plaintiff VS. JOSEPH M. BYLE, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 1 , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated July 25, 2000 and December 18, 2001 are suspended pending the additional Custody Conciliation Conference to be scheduled pursuant to this Order. 2. The Mother, Hillary A. Sunday, the Father, Joseph M. Byle, and the Maternal Grandparents, Thomas and Sheryl Sunday, shall have shared legal and physical custody of Tyler Christian Sunday, born March 2, 1999. Information pertaining to the Child shall be shared and all major non-emergency decisions shall be made through consultation. 3. Beginning January 3, 2002, the Mother shall have custody of the Child for 4 days, the Maternal Grandparents shall have custody for the following 3 days and the Father shall have custody for 4 days thereafter. The custody arrangements shall continue on a rotating 4 day, 3 day, 4 day schedule, with the exchanges to take place on the appropriate days between 4:00 p.m. and 6:00 p.m., pending the Custody Conciliation Conference scheduled pursuant to this Order. 4. Pending receipt by counsel for the parties and the Maternal Grandparents of written documentation from the Mother's treating physician confirming that the Mother does not present a danger to herself or to others, the Mother's periods of custody shall be supervised by a responsible adult at all times. 5. The Mother, through counsel, shall obtain and provide copies of the Mother's pertinent medical/psychiatric records to counsel for the Father and the Maternal Grandparents. The Mother also, through counsel, shall notify the Conciliator when the records have been received, at which time, the Custody Conciliation Conference shall be scheduled. 6. The parties and the Maternal Grandparents shall obtain a medical evaluation of the Child to assess concerns which have been raised of possible abuse. The evaluator shall be selected by agreement and the cost shall be equally shared between the Father and the Maternal Grandparents. The results of the evaluation shall be shared between the parties and the Maternal Grandparents. tJ ??'? ,k• _3L 7. This Order is entered pursuant to an agreement of the parties and the Maternal Grandparents at a Custody Conciliation Conference. The provisions of this Order may be modified by consent of the parties and the Maternal Grandparents. In the absence of such consent, the terms of this Order shall control. 8. This Order is entered without prejudice or waiver by the parties or the Maternal Grandparents concerning intervention/joinder, standing or positions as to ongoing custody arrangements for the Child. cc?T omas J. Williams, III, Esquire - Counsel for Mother Kristin R. Reinhold, Esquire - Counsel for Father Aonald T. Kissinger, Esquire - Counsel for Maternal Grandparents -(y)I1?O Cowl -17•a2???5 BY THE COURT, HILLARY A. SUNDAY, Respondent/Plaintiff VS. JOSEPH M. BYLE, Petitioner/Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 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 Tyler Christian Sunday March 2, 1999 Father 2. A Conciliation Conference was held on January 3, 2002, with the following individuals in attendance: The Mother, Hillary A. Sunday, with her counsel, Thomas J. Williams, III, Esquire, and the Father, Joseph M. Byle, with his counsel, Kristin R. Reinhold, Esquire and the Maternal Grandparents, Thomas and Sheryl Sunday, with their counsel, Donald T. Kissinger, Esquire. 3. This Court previously entered an Order on July 25, 2000 under which the Mother had primary physical custody and the Father had partial custody with alternating weekends. On December 18, 2001, this Court entered an Order, upon consideration of the Father's Petition for Emergency Relief, transferring primary physical and legal custody of the Child to the Father pending a Hearing scheduled for January 4, 2002. The Father also filed a Petition for Modification, which was assigned to the Conciliation Conference on January 3, 2002. The Maternal Grandparents filed a Petition for Joinder or Intervention immediately preceding the Conciliation Conference, raising a claim for custody and alleging a close relationship with the Child and a history of substantial recent periods of custody. The Maternal Grandparents and their counsel participated in the Conference by agreement of the parties and the Conciliator, although there has not yet been a ruling on the Petition for Intervention. 4. The parties and the Maternal Grandparents were able to reach an agreement at the Conference on a temporary basis to allow additional time to obtain necessary information including the Mother's medical records and an assessment of the Child for possible abuse (concerning which none of the parties is alleged to have been involved). It is agreed that the temporary Order and suspension of the existing Order granting emergency relief would not prejudice either of the parties or the Maternal Grandparents as to their ultimate standing and/or position on ongoing custody arrangements. An additional Conciliation Conference will be held upon receipt of the necessary information. The parties further agreed to continue the Hearing scheduled on the Petition for Emergency Relief pending completion of the Conciliation process. 5. The Conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator HILLARY A. SUNDAY, Respondent/Plaintiff vs. JOSEPH M. BYLE, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this IL day of J O-N 1 LO-rq , 2002, upon consideration of the attached Custody Conciliation Report, it is ordere d directed as follows: 1. The prior Orders of-this. Court dated July 25, 2000 and December 18, 2001 are suspended pending the additional Custody Conciliation Conference to be scheduled pursuant to this Order. 2. The Mother, Hillary A. Sunday, the Father, Joseph M. Byle, and the Maternal Grandparents, Thomas and Sheryl Sunday, shall have shared legal and physical custody of Tyler Christian Sunday, born March 2, 1999. Information pertaining to the Child shall be shared and all major non-emergency decisions shall be made through consultation. 3. Beginning January 3, 2002, the Mother shall have custody of the Child for 4 days, the Maternal Grandparents shall have custody for the following 3 days and the Father shall have custody for 4 days thereafter. The custody arrangements shall continue on a rotating 4 day, 3 day, 4 day schedule, with the exchanges to take place on the appropriate days between 4:00 p.m. and 6:00 p.m., pending the Custody Conciliation Conference scheduled pursuant to this Order. 4. Pending receipt by counsel for the parties and the Maternal Grandparents of written documentation from the Mother's treating physician confirming that the Mother does not present a danger to herself or to others, the Mother's periods of custody shall be supervised by a responsible adult at all times. 5. The Mother, through counsel, shall obtain and provide copies of the Mother's pertinent medical/psychiatric records to counsel for the Father and the Maternal Grandparents. The Mother also, through counsel, shall notify the Conciliator when the records have been received, at which time, the Custody Conciliation Conference shall be scheduled. 6. The parties and the Maternal Grandparents shall obtain a medical evaluation of the Child to assess concerns which have been raised of possible abuse. The evaluator shall be selected by agreement and the cost shall be equally shared between the Father and the Maternal Grandparents. The results of the evaluation shall be shared between the parties and the Maternal Grandparents. . 7. This Order is entered pursuant to an agreement of the parties and the Maternal Grandparents at a Custody Conciliation Conference. The provisions of this Order may be modified by consent of the parties and the Maternal Grandparents. In the absence of such consent, the terms of this Order shall control. 8. This Order is entered without prejudice or waiver by the parties or the Maternal Grandparents concerning intervention/joinder, standing or positions as to ongoing custody arrangements for the Child. BY THE COURT, " 0J, 5 J. esley Oler, ., J. cc: Thomas J. Williams, 111, Esquire - Counsel for Mother Kristin R. Reinhold, Esquire - Counsel for Father Donald T. Kissinger, Esquire - Counsel for Maternal Grandparents TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand ---- - - yandt e sealof id Court at Carlisle, Pa. ?.L. of.. ? r HILLARY A. SUNDAY, Respondent/Plaintiff vs. JOSEPH M.BYLE, PetitionevDefendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 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 Tyler Christian Sunday March 2, 1999 Father 2. A Conciliation Conference was held on January 3, 2002, with the following individuals in attendance: The Mother, Hillary A. Sunday, with her counsel, Thomas J. Williams, III, Esquire, and the Father, Joseph M. Byte, with his counsel, Kristin R. Reinhold, Esquire and the Maternal Grandparents, Thomas and Sheryl Sunday, with their counsel, Donald T. Kissinger, Esquire. 3. This Court previously entered an Order on July 25, 2000 under which the Mother had primary physical custody and the Father had partial custody with alternating weekends. On December 18, 2001, this Court entered an Order, upon consideration of the Father's Petition for Emergency Relief; transferring primary physical and legal custody of the Child to the Father pending a Hearing scheduled for January 4, 2002. The Father also filed a Petition for Modification, which was assigned to the Conciliation Conference on January 3, 2002. The Maternal Grandparents filed a Petition for Joinder or Intervention immediately preceding the Conciliation Conference, raising a claim for custody and alleging a close relationship with the Child and a history of substantial recent periods of custody. The Maternal Grandparents and their counsel participated in the Conference by agreement of the parties and the Conciliator, although there has not yet been a ruling on the Petition for Intervention. 4. The parties and the Maternal Grandparents were able to. reach an agreement at the Conference on a temporary basis to allow additional time to obtain necessary information including the Mother's medical records and an assessment of the Child for possible abuse (concerning which none of the parties is alleged to have been involved). It is agreed that the temporary Order and suspension of the existing Order granting emergency relief would not prejudice either of the parties or the Maternal Grandparents as to their ultimate standing and/or position on ongoing custody arrangements. An additional Conciliation Conference will be held upon receipt of the necessary information. The parties further agreed to continue the Hearing scheduled on the Petition for Emergency Relief pending completion of the Conciliation process. 5. The Conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator HILLARY A. SUNDAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH M. BYLE : NO. 2000-2631 CIVIL TERM ORDER OF COURT AND NOW, this 301H- day of JANUARY, 2002, it appearing that Judge Oler's order of January 7, 2002, dealt with this matter, our Order of January 16, 2002, is VACATED. B o 11 5010 - Edward E. Guido, J. tA5onald T. Kissinger, Esquire For the Petitioners Thomas C. and Sheryl A. Sunday ;iKristen R. Reinhold, Esquire i omas J. Williams, III, Esquire sld 0 C?, ?Jr l?; ul4/f?crr-?? , ?. t CPJilSY? q-Guivy PYS510 Cumberland County Prothonotary 's Office Page 1 i Civil Case Inquiry 2000-02631 SUNDAY HILLARY A (vs) BYLE JOSEPH M Reference No..: Filed........: 5/01/2000 Case Type.....: COMPLAINT - CUSTODY d Time.........: 9:51 Ju gment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------- Higher Crt 1.: Higher Crt 2.: *************************************************** ***************************** General Index Attorney Info SUNDAY HILLARY A PLAINTIFF W ILLIAMS THOMAS J 78 EAST CARLISLE PIKE NEW KINGSTOWN PA 17072 BYLE JOSEPH M DEFENDANT SUMMERDALE APARTMENTS 105 SUMMER LANE ENOLA PA 17025 ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - - - - - - - - - - - 5/01/2000 PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY ------------------------------------------------------------------- 5/05/2000 ORDER OF COURT - DATED 5/5/00 - HEARING BEFORE DAWN S SUNDAY ESQ AT 39 W MAIN STREET MECHANICSBURG PA 6/22/00 AT 1:00 PM BY DAWN S SUNDAY CUSTODY CONCILIATOR ---------------------------------------------------------- 7/06/2000 ATTORNEY'S ACCEPTANCE OF SERVICE -------------------------------------------------------------------EPORT AND 7/26/2000 BOYNTHEICOURTCONWESLEYEOLERMJRYJRCOPIIES MAIOLEDE77/26/00 7/25/00 - --------------------------------------------- 12/14/2001 PETITION FOR EMERGENCY RELIEF BY KRISTIN R REINHOLD ESQ ------------------------------------------------------------------- 12/14/2001 PETITION FOR MODIFICATION OF PREVIOUS CUSTODY ORDER - BY KRISTIN R REINHOLD ESQ ----------------------- ---------------------- 12/19/2001 ORDER OF COURT - DATED 12/18/01 - IN RE PETITION FOR EMERGENCY RELIEF - IT IS HEREBY ORDERED THAT THE PETITIONER SHALL BE ENTITLED TO PRIMARY PHYSICAL AND/ LEGAL CUSTODY OF THE SUBJECT A HEARING 1/4/02CATL11:00 AMCINICRI1 CUM /BERLANDNCOUNTY COURTHOUSEHCARLISLEOR PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 12/21/2001 ORDER OF COURT - DATED 12/20/01 - IN RE PETITION FOR MODIFICATION OF PREVIOUS CUSTODY ORDER - HEARING AT 39 WEST MAIN STREET MECH AT 1:0 SUNDAY ICUSTODYPCONCILIATOR COPIES0MAILEDF012/21/010URT DAWN S ------------------------------------------------------------------- 1/03/2002 PETITION FOR JOINDER OR IN THE ALTERNATIVE PETITION FOR INTERVENTION - BY DONALD T KISSINGER ESQ FOR PETITIONERS --------------- ----------- -------- ------------- 1/07/2002 ORDER OF COURT - DATED 1/7/02 - UPON CONSIDERATION OF THE ATTACHED LETTER FROM KRISTIN R REINHOLD ESQ ATTY FOR DEFT THE HEARING PREVIOUSLY SCHEDULED FOR 1/4/02 IS CONTINUED GENERALLY - COUNSEL ARE ARE DIRECTED - BY THE COURT J WESLEY OLER JR J COPIES MAILED 1/7/02 ------------------------------------------------------------------- 1/07/2002 ORDER OF COURT - DATED 1/7/02 - IN RE PETITION FOR JOINDER OR IN THE ALTERNATIVE PETITION FOR INTERVENTION - NO ACTION WILL BE TAKEN BY THE COURT AT THIS TIME ON THE PETITION AND COUNSEL ARE REQUESTED TO NOTIFY THE COURT AT SUCH TIME AS ACTION ON THE PETITION IS DESIRED BY EITHER PARTY OR PETITIONERS - BY THE COURT J WESLEY OLER JR J COPIES MAILED 1/7/02 ------------------------------------------------------------------- 1/17/2002 ORDER OF COURT - DATED 1/16/02 - IN RE PETITION FOR JOINDER OR IN THE ALTERNATIVE PETITION FOR INTERVENTION - A RULE IS ISSUED UPON PLFF TO SHOW DEFT CAUSE WHY PETITIONERS THOMAS C SUNDAY AND SHERYL A SUNDAY SHOULD NOT BE GRANTED LEAVE TO JOIN OR INTERVENE IN THE ABOVE ACTION - RULE RETURNABLE 20 DAYS AFTER SERVICE - BY THE PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 2000-02631 SUNDAY HILLARY A (vs) BYLE JOSEPH M Reference No..: Filed........: 5/01/2000 Case Type.....: COMPLAINT - CUSTODY Time.........: 9:51 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: COURT EDWARD E GUIDO J COPIES MAILED 1/17/02 ------------------------------------------------------------------- 1/16/2002 CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT i/DATEED 1/16/02 - BY THE COURT J WESLEY OLER JR J COPIES MAILED 17/02 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Beg Bal P*ymts/Adj End Bal COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 CUSTODY FEE 4.00 4.00 .00 CUSTODY FEE-CO 1.00 1.00 .00 SPEC RELIEF CUS 50.00 50.00 .00 MODIFICATION CU 50.00 50.00 .00 MODIFICATION CU 50.00 50.00 .00 -------------- 200.50 ---------- --- 200.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** t HILLARY A. SUNDAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH M. BYLE : NO. 2000-2631 CIVIL TERM ORDER OF COURT AND NOW, this 16TH day of JANUARY, 2002, a Rule is issued upon Plaintiff and Defendant to Show Cause why Petitioners Thomas C. Sunday and Sheryl A. Sunday should not be granted leave to join or intervene in the above action. Rule returnable twenty (20) days after service. By the Court, Edward E. Guido, J. Donald T. Kissinger, Esquire For the Petitioners Thomas C. and Sheryl A. Sunday Kristen R. Reinhold, Esquire n Thomas J. Williams, III, Esquire :sld i. ..,-'.I'.. ?f ?11? Pc d'IR?>'Yii,,"tt11,4 l ( ?' A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILLARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE, Defendant AND NOW, this NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODYNISITATION ORDER OF COURT day of 2002, upon consideration of the within Petition, it is hereby ORDERED and DECREED that Thomas C. Sunday and Sheryl A. Sunday are joined as parties in the above-captioned custody action. It is further ORDERED that the caption to the above action shall be amended to reflect the joinder of Mr. and Mrs. Sunday and that all prior and subsequent court filings and orders shall be served upon their counsel. t BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILLARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE, Defendant AND NOW, this NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODYNISITATION ORDER OF COURT day of 2002, upon consideration of the within Petition, it is hereby ORDERED and DECREED that leave is granted for Thomas C. Sunday and Sheryl A. Sunday to intervene in the above-captioned custody action. Any subsequent petitions filed in this case, or orders of court entered herein, shall be served upon counsel for Mr. and Mrs. Sunday. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILLARY A. SUNDAY, ) Plaintiff ) V. ) JOSEPH M. BYLE, ) Defendant ) NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODYNISITATION PETITION FOR JOINDER OR IN THE ALTERNATIVE, PETITION FOR INTERVENTION AND NOW, comes Petitioners, Thomas C. and Sheryl A. Sunday, by and through their counsel, Hewett, Kissinger & Conley, P.C., who hereby file the instant Petition for Joinder or, in the Alternative, Petition for Intervention and in support thereof aver as follows: Petitioners are Thomas C. Sunday and Sheryl A. Sunday (hereinafter "Grandparents"), the maternal grandparents of the subject minor child, Tyler Christian Sunday, born out of wedlock on March 2, 1999. 2. Respondents are Hillary A. Sunday (hereinafter "Mother") and Joseph M. Byte (hereinafter "Father"), the parties in the above-captioned custody action and the biological parents of Tyler. 3. On July 25, 2000, the Court of Common Pleas of Cumberland County issued a custody order in the above-captioned custody action granting Mother primary physical custody of Tyler and giving Father periods of partial physical custody. A copy of the court's order is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. For significant portions of his lifetime, Tyler and Mother resided with Grandparents at Grandparents' residence. 5. Mother has a history of psychiatric hospitalization, and over the past year she has been hospitalized on several occasions, the most recent continuing at least through December 17, 2001. 6. During those periods that Mother has been hospitalized, Tyler has resided with Grandparents and has been under their primary care. 7. During those periods in which Grandparents had physical custody of Tyler, Father continued to exercise his periods of partial custody. 8. From December 2, 2001, through the New Year's weekend, Grandparents had physical custody of Tyler except for a week and a half when Father refused to return Tyler after a visit. 9. On the New Year's weekend, Father exercised his right of partial physical custody; however, upon the conclusion of his period of partial physical custody, he refused to return Tyler to Grandparents, and Tyler continues to be in the primary physical custody of Father. 10. On or about December 14, 2001, Father filed a Petition for Emergency Relief seeking primary physical custody and legal custody of Tyler pending a full custody hearing, which said filing was prompted by Mother's most recent hospitalization. 11. Under Rule 1915.6(a), it is mandatory that the Court join a person who has physical custody of a child subject to a custody action because that custodian is considered to be a necessary and indispensable parry to the action. 12. Inasmuch as Grandparents had physical custody of Tyler from December 2, 2001, through New Year's weekend and would continue to have physical custody of Tyler had it not been for Father's refusal to return Tyler following his period of partial custody, and given the fact that Tyler has resided with Grandparents for a significant portion of his life, Grandparents are a necessary party to this action and must be joined. 13. In the alternative, Rule 1915.6(b) provides that any person who claims to have rights of visitation or custody with respect to the subject child of a custody action has the right to intervene in a custody action. 14. As Grandparents have a colorful claim of custody or visitation, they have the right to intervene in this custody action, and leave should be granted to permit the intervention. WHEREFORE, Petitioners respectfully request the Court issue an order joining them as parties to the above-captioned custody action or, in the alternative, issue an order granting them the right to intervene therein. Date: I If L Respectfully submitted, Donald T. Kissinger, Esquire HOWETT, KISSINGER & C EY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Petitioners Thomas C. and Sheryl A. Sunday VERIFICATION I, Sheryl A. Sunday, hereby swear and affirm that the facts contained in the foregoing Petition for Joinder or In the Alternative Petition fcr labE etirrprc true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: January 3, 2002 &nf? , heryl A.i day 40, VERIFICATION I, Thomas C. Sunday, hereby swear and affirm that the facts contained in the foregoing Petition for Joinder or In the Alternative Petition for Interventitwrtme and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: January 3, 2002tc? omas C. Sunday DEC - 1 7-0 1 M O N 1 1 2 7 T_ C_ SUNDAY, I N P. o s CCMBERLAND OCGI=f PL%S ?.:1?.,` ' ?':4'I.; `::ir:. ?• '(r(p :.%.a4? ;.? qtr., T?. NO. 00-2631 CIVIL TERM ?? f•? •?'.`„eG;ia•?'.ii:l'ia•` .. ?i. • CIVIL ACTION -- LAW BYLE, Defendant CUSTODY ORDER OF CLmRT AM NOW.. this ?Fh day of 7LLI 2000, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. The Mother, Billary A. Sunday, and the Father, Joseph M. Byle, shall have shared legal custody of Tyler Christian Sunday, born march 2, 1999. 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- The parties shall notify each other as prcnptly as,possible of any medical emergencies which arise or of any significant medical treatment required by the Child during that party's period of custody. 2. The mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The father's periods of alternating weekend custody shall begin on Friday, July 28, 2000. 4. The parties shall share or alternate having custody of the child on holidays as follows: A. CMRI.STMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall rum from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. ALTUePU TG BOLMVM: The parties shah, alternate having custody on EE-e following holidays from 9:00 a.m. until 4:00 p.m.: New Years Day, Easter, Memorial Day, July 4th, Labor DEC-17-01 M O N 1 1: 2 8 T_ C_ SUNDAY. I N r` . r yTlsenkag3vitxl?.bridrthe`Father"shall have custody on New Years ~ ??Deyi "i7emaC3a? Gay" ai>?f Labor Bay- in odd numbered years, the :;" p?llotli`er' -;have custody of the Child on New Years Day, Day and Labor Day, and the Father shall have custody Easter, July 4th and Thanksgiving. `C. Pl018@2'S WlY/FATBEit'3 DAY: The Mother shall have custody of c , x, :..:,,.......,.:. the Ch ld every year on Mother's Day from 9:00 a.m. until 4:00 p:m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Beginning in 2001, the Father shall also have custody of the Child during the summer each year for two non-consecutive weeks upon providing at least 60 days advance notice to the mother. P. 1 0 6. Unless otherwise agreed between the parties, all exchanges of custody under this Order shall take place at the McDonald's restaurant on Route 114 in Silver Spring Township. The parties shall cooperate in ... attempting to resolve the conflicts which prevent amicable exchanges of custody at the parties respective residences. 7. Both parties shall refrain from smoking in the Child's presence and shall ensure that third parties comply with this restriction during their periods of custody. S. Both parties shall follow the recommendations and instructions of the Child's physician with respect to special precautions or care for the Child. 9. In the event the Father is unavailable to care for the Child during his periods of custody either due to his employment or other unavoidable circumstances, the Father shall make arrangements with the Child's paternal grandparents to provide the care. in the event the Parternal. grandparents are unavailable to provide care for the Child, the Father shall contact the Mother to offer her the opportunity to provide care for the child before contacting other third party caregivers. 10. in the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party, including the address and telephone number where the Child can be contacted. 11. After the parties have exchanged custody at the McDonalds restaurant in accordance with paragraph 6 of this order for a period of at least two months from the date of this Order, counsel for either party may contact the Conciliator to request the scheduling of an additional Conference, if necessary, to address any problems specifically related to the exchange of custody. ^ DE C- 1 7- 0 1 M O N 11:2.9 T_ C_ SUNDAY, I N Cry P _ 1 1 'jxe Parties may modify the provisions of rA the absence of mutual consent, the term BY THE COURT, 5 J. cc: Thomas J. Williams, Esquire - Counsel for Mother Kristen Reinhold, Esquire - Counsel for Father TRU? In Test=r '- h.r^ . 't: srt my hand d rourt at CarI4,1e, Pa. and th° "crqq /of j.?aj- This . ,lp rothanotary I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILLARY A. SUNDAY, ) Plaintiff ) V. ) JOSEPH M. BYLE, ) Defendant ) NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Thomas C. & Sheryl A. Sunday, hereby certify that a true and correct copy of the foregoing Petition for Joinder or, in the Alternative, Petition for Intervention was served upon Thomas J. Williams, III, counsel for Plaintiff, Hillary A. Sunday, and Kristen R. Reinhold, Esquire, counsel for Defendant, Joseph M. Byle, by hand-delivery and by facsimile transmission on January 3, 2002, addressed as follows: Thomas J. Williams, III, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 and Kristen R. Reinhold, Esquire SILLIKER & REMOLD 5922 Linglestown Road Harrisburg, PA 17112 Date: 3 Z Donald T. Kissinger, Esquire 6 HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Petitioners Thomas C. & Sheryl A. Sunday - Q Q i t E_ --r+ T ? ? ) F HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant NO. 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 7s' day of January, 2002, upon consideration of the attached letter from Kristin R. Reinhold, Esq., attorney for Defendant, the hearing previously scheduled for January 4, 2002, is continued generally. COUNSEL ARE directed to contact the court if they desire a hearing in this matter. BY THE COURT, A?`omas J. Williams, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Kristin R. Reinhold, Esq. 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant oi-o7?°2 R c> 1 Cf r:v , e T?r . - rn z Cn 5" w fu :rc SILLIKER & REINHOLO LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17112 MARK T. SILLIKER KRISTIN R. REINHOLD January 3, 2002 VIA TELEFAX- 240-6462 The Ilo norable J. Weslcy C3er, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Sunday v. Byle 00-2631 Dear Judge Oler: PHONE: (717) 671-1500 FAX: (717) 671-8968 This letter will serve to confirm my telephone conversation with your assistant on January 3, 2002, wherein I requested a general continuance on behalf of my client, Joseph Byle, Petitioner in the above-captioned custody matter. An emergency custody hearing is scheduled before you on January 4, 2002 at 11:00 a.m. Based upon an agreement which was reached at a custody conference held before Dawn Sunday, Esquire, on January 3, 2002, the parties have reached a temporary agreement, and a proposed Order shall be forwarded to your chambers in the next few days. Should you have any questions regarding this matter, I shall be available at the Court's convenience. Sincerely, ?_m P 4jf\ Kristin R. Reinhold ( r2 KRR/rsd C?IC l fC 6af nuf MOO Cc: Thomas Williams; Esquire Don Kissinger, Esquire Joseph Byle 200- HILLARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of March, 2002, upon consideration of Plaintiffs Answer with Counterclaim to Petition for Emergency Relief, this matter will be heard at the hearing previously scheduled on the petition for emergency relief for Thursday, April 25, 2002, at 3:30, p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. illary A. Sunday 78 East Carlisle Pike New Kingstown, PA 17072 Plaintiff, Pro Se istin R. Reinhold, Esq 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant ? S o3 -is Qa BY THE COURT, ( r^ PEi',INSY! VANA 1nald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Thomas C. Sunday and Sheryl A. Sunday ourtesy Copy: Thomas J. Williams, Esq. 10 East High Street Carlisle, PA 17013 :rc F:\F?.RS\ ATAFll \Gmdoc.cw\9720-ANS.2/tde Created: 01/03/02 09:1105 AM Revised: 03/08102 030206 PM HILLARY A. SUNDAY, Respondent/Plaintiff V. JOSEPH M.BYLE, Petitioner/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ANSWER WITH COUNTERCLAIM TO PETITION FOR EMERGENCY RELIEF AND NOW, comes Hillary A. Sunday (hereinafter, "Mother"), by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows in answer to Petition for Emergency Relief: 1-2. Admitted. 3. Denied since Mother is without knowledge or information sufficient to form a belief as to Joseph M. Byle's (hereinafter, "Father") motive for filing the Petition for Emergency Relief on or about December 14, 2001. Father never gave Mother a motive for filing that Petition. 4. Admitted. By way of further answer, the Court Order of January 15, 2002 was, by its terms, temporary in nature. 5. Admitted. 6. It is unknown to Mother whether, and to what extent, her parents joined in this Petition. 7. It is admitted, but insufficient. The Order clearly envisioned a follow-up custody conciliation conference which has never occurred. 8. Admitted. By way of further answer, Mother has at all times fully complied with this requirement, but the other parties failed and refused, and continue to fail and refuse to provide Mother with the periods of custody ordered by this Honorable Court in flagrant violation of the Court's Order of January 16, 2002. 9. Admitted in part. Mother currently resides with her fianc6, John Fager, in his family's home. It was anticipated that John Fager or other members of his family, his parents or his sister, would be the primary supervisor during Mother's custodial periods. 10. Admitted in part and denied in part. The Court Order speaks for itself. Mother agreed to an evaluation of the child in which all parties participated. Instead, her parents went ahead and scheduled this evaluation when neither Mother or Father could be present, and the evaluation ended up being based solely on the testimony of the grandparents, all of whom have axes to grind. When Mother sought to meet with the evaluator, Earl Greenwald, M.D., he refused and canceled her appointment. Father's attorney then served notice on Mother that Mother would have to pay for any further evaluation by Dr. Greenwald. Mother is financially destitute and unable to pay Dr. Greenwald. It is denied that Mother's attorney proposed Dr. Greenwald for this evaluation; rather, Mother's attorney told the attorneys for the other parties that he knew Dr. Greenwald conducted evaluations of children where there were allegations of abuse and provided them with information needed to contact Dr. Greenwald. Mother's attorney knows of Dr. Greenwald and had been involved with him in other cases but has no information, and made no representation, regarding his abilities, his biases or his independence. In fact, Mother's attorney has been surprised, disappointed and disturbed that an evaluation could be attempted of a three (3) year old child where the focus is solely on what information is provided by the grandparents, without speaking to the parents; in fact, without receiving a bit of information from the parents. 11. Admitted as stated. Paragraph 10 is incorporated herein by reference thereto. Mother disputes this evaluation and believes it to be invalid. 12. It is admitted that Dr. Greenwald stated he had made a referral to Children's Protective Services on January 30, 2002; however, Mother has never been contacted by Children's Protective Services. Moreover, Dr. Greenwald said that his referral was not for any particular abuse (i.e. his forte) but rather for "general abuse," whatever that means. Again, this is based solely on what information was provided to him by the grandparents, and without any consideration of what the parents may or may not have to say. 13. Denied. Paragraph 9 hereof is incorporated herein by reference thereto. 14. It is admitted that Dr. Greenwald made that statement at that time; however, again, he did this without any information being provided by the parents, nor by John Fager, nor by any members of his family, nor by anyone truly independent. Rather, his information was based solely on what was provided to him by the grandparents who are, and have been, estranged from Mother. 15. Admitted, for the reasons stated above. 16. Mother, through her counsel, agreed to provide all parties with any and all of her medical records that they requested, with the understanding that they be held in confidence. Mother has fully complied with that promise. The balance of the averment is denied as an inadequate summary of Mother's medical records. 17. Denied. On the contrary, Mother is in no way a danger to herself or to others. 18. Denied that any abuse ever occurred while Tyler was in the care, custody or control of Mother. On the contrary, Mother has raised Tyler to be a wonderful three (3) year old boy. WHEREFORE, Mother prays that the Petition be denied. COUNTER CLAIM 19. Paragraphs 1 through 18 hereof are incorporated herein by reference thereto. 20. Mother has raised this child from birth until she was refused custody by Father and by her parents on or about February 5, 2002 in direct and flagrant violation of the Court's Order of January 15, 2002. 21. Mother and her parents have been estranged for about two years and this particularly has to do with her mother feeling that she knows how to raise her son better than she does. There are other problems between her mother and herselfwhich can be presented as evidence, if necessary. Most importantly, Mother's parents have changed their mind on her fianc6 and have been for some time actively trying to dissuade Mother from marrying him. 22. As a result of this estrangement, plus having her fiance' diagnosed with cancer at the beginning of April, 2001, caused Mother to seek professional help, which has been ongoing. Another problem has been that Mother has been discouraged by her parents with regard to the professional help, particularly the medications she has been prescribed, which in the past have had unexpected and unfortunate side effects. 23. Mother's parents have complained to Lebanon County Children & Youth Services about Mother's care of Tyler. Lebanon County has investigated and has determined those complaints to be unfounded. 24. Mother's parents have persisted to complain to her, her fianc6, her fianc6's family, and others concerning Mother and her fiance', and their care of Tyler. These complaints, while unfounded, have caused great emotional distress to Mother and has been the single biggest impediment to her recovery which initially started when cancer was diagnosed in her fianc6. 25. Mother has always been, and needs to continue, her role as primary caretaker for Tyler. 26. In response to concerns expressed by her parents and by Father, Mother has cooperated 110%. She had agreed to an evaluation of the child, she agreed to provide all of her medical records, and she agreed to have a temporary custody arrangement whereby Tyler is rotated on a four day basis among all concerned parties so that everyone can be assured that he was doing fine. 27. Mother is shocked and surprised to hear that Dr. Greenwald had done an evaluation without any input from her. When she tried to contact Dr. Greenwald the day after the evaluation, he canceled the appointment and has refused to see her. The agreement was that the other parties were to pay for the evaluation; however, Mother then received written notice from the attorney for Father that no further payments would be made; in effect, Mother, who is destitute, cannot complete this evaluation. 28. The evaluation of Dr. Greenwald is inaccurate, unprofessional, incomplete and unreliable. It is simply wrong. It is based almost entirely on the old, time worn complaints made against Mother by her parents, which are simply true only in their eyes and not in fact. 29. Withthe exception of the evaluationbyDr. Greenwald, no qualified professional has given the opinion that Mother should not be the custodian of her child, nor has offered any criticism of her fianc6 or her fianc6's family in that regard. 30. Notwithstanding, the other parties have taken it upon themselves to deliberately and flagrantly disregard the Order of the Court dated January 16, 2002 and refuse to provide Mother with gny custody of Tyler. 31. Since then, Mother's attempts to see Tyler have occasionally been granted but, when granted, always under restrictions on who she could or could not bring with her, and always under the supervision of her mother. It is always an unpleasant experience with continual interference by the mother, questions, complaints and the like. 32. In these visits with her son in the home ofher parents, Mother has observed that Tyler is suffering both physically and emotionally. 33. Earlier this week, Mother learned that, unbeknownst to her, her parents had scheduled Tyler for "play therapy" in violation of this Court's Order of shared legal custody; nevertheless, Mother immediately agreed (on notice of a few hours) to participate fully in the play therapy, has done so and will continue to do so. 34. So far, the play therapist, Cindy Sniscak, has had one session with Tyler and has reported to Mother that Tyler seems normal and healthy. WHEREFORE, Mother prays Your Honorable Courtto find the otherparties involved in the Custody Order of January 16, 2002 in contempt of that Order and to further order and direct that Tyler by forthwith returned to the custody of Mother pending a legitimate custody evaluation involving all parties. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO i ?t r By vts?--? Thomas J. N o iams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Mother, Hillary A. Sunday Date: March 8, 2002 VERIFICATION The foregoing Answer to Petition for Emergency Relief is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I maybe subject to criminal penalties. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer with Counterclaim to Petition for Emergency Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire LAW OFFICES OF SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 Donald T. Kissinger, Esquire 130 Walnut Street Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO By 4 Tncia D. Eckenroa en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 8, 2002 ri ?' - - U7 "' <C for} ( , -, _ _- n - `r' ? C.J r- i J sv _y HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of March, 2002, upon consideration of Defendant's Petition for Emergency Relief, and pursuant to an agreement of the parties, the hearing scheduled for this date is rescheduled for Thursday, April 25, 2002, at 3:30. p.m. in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania, to facilitate the Plaintiff's acquisition of new counsel to represent her. This order rescheduling the hearing is without prejudice to the right of any party to petition for emergency and ex parte relief should he or she deem it appropriate in the interim. By the Court, .Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 For the Plaintiff /Iristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 For the Defendant Xonald T. Kissinger, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Sheryl A. Sunday and Thomas C. Sunday X > o3-?s oa pcb j I?`,RY ? 14 J 4 TV i. , . C?u PEENING ? asxmux?emrsraeslF? tt?a';in. een?wa?e+kMarwx.MIINi?! HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH M. BYLE, Defendant CIVIL ACTION - LAW 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of March, 2002, upon consideration of the Petition for Joinder or, in the Alternative, Petition for Intervention filed on behalf of Thomas C. and Sheryl A. Sunday, maternal grandparents of the minor child who is the subject of this proceeding, Tyler Christian Sunday (date of birth March 2, 1999), and without objection by any party, the Petition for Joinder/Intervention is granted. ,, hcmas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 For the Plaintiff ,Xr-istin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 For the Defendant y15onald T. Kissinger, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Sheryl A. Sunday and Thomas C. Sunday, Petitioners 7 o3-?.s-dz S pcb By the Court, y AR"" tnl it?si?,? , '?I?.!i,?T HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH M. BYLE, Defendant CIVIL ACTION - LAW 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of March, 2002, upon consideration of the oral motion of Thomas J. Williams, Esquire, to withdraw from this case, and without objection on the part of any party, the Motion for Withdrawal is granted, and Thomas J. Williams, Esquire, and his law firm of Martson, Deardorff, Williams & Otto, are excused from further representation of the Plaintiff in this case. /Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 For the Plaintiff ristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 For the Defendant '1 onald T. Kissinger, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Sheryl A. Sunday and Thomas C. Sunday Cam' °?' ? ? R S 03 /S Qa .,91-llary A. Sunday, Plaintiff Pro Se 421 Lexington Court Hershey, PA 17033 pcb By the Court, f PENNI YL u;` N A '! ?T _ ,. ,,, e?. ,m?*.rs mrsz:nwreds?s?? 3.. ?!rxsreAwne?aai _ a??@ HILLARY A. SUNDAY, PLAINTIFF vs. JOSEPH M. BYLE, DEFENDANT PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: PLEASE WITHDRAW MY APPEARANCE ON BEHALF OF THE PLAINTIFF, HILLARY A. SUNDAY, IN THE ABOVE CAPTIONED CASE. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: PLEASE ENTER MY APPEARANCE ON BEHALF OF THE PLAINTIFF, HILLARY A. SUNDAY, IN THE ABOVE CAPTIONED CASE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 2631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY THOMASJ. WILL149 ESQUIRE MARTSON, DEAFZDORFF WILLIAMS & OTTO 10 EAST HIGH STREET CARLISLE, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CAROL 26 WEST HIGH STREET CARLISLE, PA 17013 (717) 243-6222 C ? Cs 1 (j? ? r, 'i } G{ ? ,_ _ ?' J ... ` ! ? (? HILLARY A. SUNDAY, PLAINTIFF vs. JOSEPH M. BYLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 2631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW COUNTER-CLAIM SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ATTORNEYS FOR PLAIN IF ID#4 6g 26 Wes High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY TO THE PROTHONOTARY: Please withdraw Plaintiffs counter-claim to the Petition for Emergency Relief filed by the Defendant. 26 W. High Street Carlisle, PA _, C_ __y HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant NO. 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of April, 2002, upon consideration of the attached letter from Carol J. Lindsay, Esq., attorney; for Plaintiff, the hearing scheduled for April 25, 2002, is cancelled. BY THE COURT, Wesley 0*,, Jr., ' J. Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Kristen R. Reinhold, Esq. 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant Donald T. Kissinger, Esq. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Attorney for Petitioners Sheryl A. Sunday and Thomas C. Sunday :rc A{/ j 36/ a a 1i,1 E r`? r Q E i 4: M FROM SRQ-1G,SHLJFF,FLOWER+LINDSAY FAX NO. : 2436510 JAMF5 D. FLOWER JOHN E. SLIM; ROBERT C. SAIDIGG GLOPPREY S, SI-JUPP JAMES D. FLOWER, JR. CATzC)f.J T.TNI)SAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, II Apr. 25 2002 02:59PM P2 LAW 01TICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST I IJU f ` E-T CARLISLE, TIFNNSYLVANTA'170'I3 TELEPHONE: (717) 213 6=10 - FACSIMILE: (7177) UI-ASV) EMAIL: aLLnrneyUsS l-law rnm April 25, 2002 The Honorable J. WPf;lpy Oler. Jr. Cumborland County Court House One Courthouse Square Carlisle, PA 17013 RE: Sunday v. Byle No. 00-2531 Civil In Custody Dear Judgo Oler: WEST SHORE OFFTCF: 2'..109 MARKET STREET CAMP HTLL, PA 17011 I'ELLFHUNL: (I 17)737.3405 FACSTMILE: (717)7;)7-3407 REPLY TO CARLISLE I have entered my appearance for Hillary Sunday and Tom Williams has withdrawn his. fhe parties have reached ail agreement which calls for both Plaintiff and Defendant to Withdraw their claims. We will be doing su by Praecipe. I enclose a copy of the Praecipe I will be filing on Ms. Sunday's behalf. I expect Ms. Reinhuld will provide you a copy As well. The hearing scheduled for 3:30 today is no longer necessary. Thank you for your help. Very truly yours, Carol J. CJLflib 6nobsura ar.: Kristen Reinhold, Esquire Donald T, Kissinger, Esquire & LINDSAY, P.C_ via FAX: 240-6462 HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-2631 CIVIL TERM JOSEPH M. BYLE, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Defendant's Petition for Emergency Relief dated February 6, 2002. Date: "P- Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Kristin R. 7ei ,Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Joseph M. Byle ?@rYeru56ika^..?ytg w?axuaaae?fsazN.extiu?am?,w,urttw?a?tua'?.e??w-.?eu?sce?.rsu eK?e¢?rw ??v??zuk.m sar?rramo?m n9u4?v-?-asi2Wh K'?iL?ifa. enakua:mciv?rese -y -O C . _ t HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-2631 CIVIL ACTION LAW JOSEPH M. BYLE, Petitioner/Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of VV Z H , 2002, upon consideration of the attached Custody Conciliation Report, it is orde d and directed as follows: The prior Order of this Court dated January 16, 2002 shall continue in effect as modified by this Order. 2. Upon the Mother's discharge from the hospital, counsel for the parties shall obtain a letter from the Mother's treating physician stating whether or not the Mother is able to provide care for the Child in accordance with the schedule set forth in the January 16, 2002 Order. hi the event the Mother's physician determines that the Mother is able to provide appropriate care for the Child, the existing custody schedule shall resume pending the scheduling by counsel of an additional Custody Conciliation Conference. In the event the Mother's treating physician indicates that the Mother is not able to provide appropriate care for the Child under the existing schedule, the Mother's custody schedule shall be suspended (except as agreed between the parties) pending the scheduling by counsel of an expedited Conciliation Conference. 3. The Mother shall sign any authorizations necessary to release the records of her recent hospitalization, including but not limited to admission and discharge summaries, to counsel for the Father and the Maternal Grandparents as soon as possible. 4. Paragraph 6 of the January 16, 2002 Order is vacated. BY THE COURT, J. pvl?csrey Oler, cc:o/pr l J. Lindsay, Esquire -Counsel for Mother ristin R. Reinhold, Esquire -Counsel for Father 7 Xonald T. Kissinger, Esquire - Counsel for Maternal Grandparents _ G OJ f 4 02mily I,f t1, 3: PEN'NSYI IANIA N xua?lEWe?l?n _ ? , t.?caaec¢?s+e?j2n? _ ,?i?a'???i _ . wsawrvrw?am?amw?i?eEP?sx9?lm?'g. HILLARY A. SUNDAY, Respondent/Plaintiff vs. JOSEPH M.BYLE, Petitioner/Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 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 Tyler Christian Sunday March 2, 1999 Father/Maternal Grandparents 2. A Conciliation Conference was held on May 7, 2002, with the following individuals in attendance: The Mother's counsel, Carol J. Lindsay, Esquire, the Father, Joseph M. Byle, with his counsel, Kristin R. Reinhold, Esquire and the Maternal Grandparents, Thomas and Sheryl Sunday, with their counsel, Donald T. Kissinger, Esquire. The Mother was hospitalized at the time of the Conference and therefore was unable to attend. 3. The parties agreed (the Mother through counsel) to entry of an Order in the form as attached. ala', 7, ?00 - F/ J4 Date -'-? ' Dawn S. Sunday, Esquire Custody Conciliator HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-2631 CIVIL ACTION LAW JOSEPH M. BYLE, THOMAS and SHERYL SUNDAY, Petitioners/Defendants IN CUSTODY ORDER OF COURT AND NOW, this i g day of A (t g v g t , 2002, upon consideration of the attached Custody Conciliation Report, it is dered and directed as follows: 1. The prior Order of this Court dated May 14, 2002 is vacated and replaced by this Order. 2. The Mother, Hillary A. Sunday, the Father, Joseph M. Byle, and the Maternal Grandparents, Thomas and Sheryl Sunday, shall have shared legal and physical custody of Tyler Christian Sunday, born March 2, 1999. Information pertaining to the Child shall be shared and all major non-emergency decisions shall be made through consultation. 3. The Mother shall attempt to obtain from her treating psychiatrist, Dr. Ahmad, a written opinion stating whether or not the Mother presents a danger to herself or to others and shall share the written documentation, through counsel, with the other parties. As an alternative in the event the Mother is unable to obtain the foregoing written opinion from Dr. Ahmad, the Mother shall submit herself to a psychological evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations as to whether the Mother is able to provide appropriate care for the Child in light of the Mother's medical/psychological history and whether there are any limitations thereto. The Mother, through counsel, shall provide the Mother's medical/psychological records to Dr. Shienvold for review and the Mother shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information. All costs of the evaluation shall be shared equally between the Father, the Maternal Grandparents and the Mother, with the Maternal Grandparents and the Father being responsible for the initial payments of their two-thirds share and the Mother being responsible for the final one-third share. 4. Upon receipt of the opinion from Dr. Ahmad or the evaluation recommendations from Dr. Shienvold, counsel for the parties shall contact the Conciliator to schedule an additional Custody Conciliation Conference, if the parties are unable to reach an agreement at that time. FILET) -OFFICE Fj- ?OIJOTA.Ply CUMBERLANL) {.OUNFlY PENNSYLVANIA 5. Pending receipt of the information from Dr. Ahmad or Dr. Shienvold and further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following biweekly schedule: A. WEEK I: The Mother shall have custody of the Child during alternating weeks from Sunday at 12:00 noon through Friday, when the Mother shall take the Child to the day care provider by 1:00 p.m. The exchange of custody between the Mother and the Maternal Grandparents on Sundays shall take place at the McDonalds on .Eisenhower Boulevard in Harrisburg. During the Mother's weeks, the Mother shall take the Child to the child care provider on Mondays and Wednesdays by 1:00 p.m. and pick up the Child from day care by 6:00 p.m. In the event the Mother has to work during her periods of custody, the Mother shall contact the Father to offer him the opportunity to provide care for the Child while she is working before contacting third party'caregivers. B. WEEK II: During alternating weeks, the Father shall have custody of the Child from Sunday, at a time to be arranged between the Father and the Maternal Grandparents through Friday when the Father shall take the Child to day care. C. WEEKENDS: During weekends preceding the Mother's alternating weeks of custody, the Maternal Grandparents shall have custody of the Child from Friday after day care through Sunday at 12:00 noon. During weekends preceding the Father's alternating weeks of custody, the Maternal grandparents shall have custody of the Child from Friday after day care through Sunday at a time to be arranged between the Father and Maternal Grandparents. D. The Mother's periods of custody shall be supervised by a responsible adult. The requirement of supervision shall also apply during periods when the Mother is transporting the Child to the extent that the Mother shall make a diligent, good faith effort to arrange for an accompanying adult. 6. 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, J/Fesley Oler, JrU - J. cc: Carol J. Lindsay, Esquire - Counsel for Mother Kristen R. Reinhold, Esquire - Counsel for Father Donald T. Kissinger, Esquire - Counsel for Maternal Grandparents HILLARY A. SUNDAY, Respondent/Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW JOSEPH M. BYLE, THOMAS and SHERYL SUNDAY, Petitioners/Defendants IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Christian Sunday March 2, 1999 Father/Maternal Grandparents 2. A Conciliation Conference was held on July 22, 2002, with the following individuals in attendance: The Mother, Hillary A. Sunday, with her counsel, Carol J. Lindsay, Esquire, the Father, Joseph M. Byle, with his counsel, Kristen R. Reinhold, Esquire and the Maternal Grandparents, Thomas and Sheryl Sunday, with their counsel, Donald T. Kissinger, Esquire. The Mother's fiance', John Fager, participated briefly in the Conference to provide information, as the Maternal Grandparents objected to his attendance as a nonparty. 3. Although this matter involves a very difficult and complex family situation, the parties were able to reach an agreement as to temporary arrangements pending receipt of a professional opinion regarding the Mother's medical/psychological status. hiput from the Mother's psychiatrist or a professional evaluator will be vital to resolution of this custody situation. Unfortunately, the custody dispute has led to the deterioration of interfamily relationships which otherwise. would have the potential to provide a healthy support system for the Child. Although not discussed at the Conference due to the length of discussion on the interim arrangements, it appears that counseling will be necessary to repair the relationship between the Mother and the Maternal Grandparents which would not only benefit those participating in counseling but also the Child's interests and needs. The parties agreed to entry of an Order in the form as attached. a? aC)oa- &, Date Dawn S. Sunday, Esquire Custody Conciliator HILARY A. SUNDAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2631 CIVIL ACTION LAW JOSEPH M. BYLE AND THOMAS AND SHERYL SUNDAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 11, 2003 , 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 Thursday, May 15, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. i? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i p+:r is ? CI JLI 1 r Ora :? ,?WiJI?`T r *11-03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIAR o r 2003 HILARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE and THOMAS and SHERYL SUNDAY, Defendants NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached counterclaim for custody, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2003, 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY: Custody Conciliator The Court of 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 hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. SUNDAY, Plaintiff NO. 00-2631 CIVIL TERM V. JOSEPH M. BYLE and THOMAS and SHERYL SUNDAY, Defendants CIVIL ACTION - LAW CUSTODYNISITATION COUNTERCLAIM FOR CUSTODY AND NOW, come Defendants, Thomas and Sheryl Sunday, by and through their counsel, Howett, Kissinger & Conley, P.C., who hereby file the instant Counterclaim for Custody and in support thereof aver as follows: Counterclaim Plaintiffs are Thomas C. and Sheryl A. Sunday (hereinafter referred to as "Maternal Grandparents"), adult individuals currently residing at 9 East Main Street, New Kingstown, Pennsylvania 17072. 2. Counterclaim Defendant is Hilary A. Sunday (hereinafter referred to as "Mother"), an adult individual who currently resides at 421 Lexington Court, Hershey, Dauphin County, Pennsylvania 17033. She is the daughter of Maternal Grandparents and Plaintiff to the initial action. 3. Counterclaim Defendant is Joseph M. Byle ("Father"), an adult individual whose last known address was 4633 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011, his parent's address. Maternal Grandparents believe, and therefore aver, that Father recently moved into an apartment. He is the Defendant to the initial action. 4. Mother and Father are the biological parents of Tyler Christian Sunday, born out of wedlock on March 2, 1999 and currently four (4) years old. 5. Mother initiated a custody action against Father in the Court of Common Pleas of Cumberland County in 2000, and a custody order was entered by the Court on July 25, 2000 granting Mother primary physical custody of Tyler and giving Father periods of partial physical custody. A copy of the Court's Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. Mother has a history of psychiatric illness and suicidal ideation, which has resulted in her being hospitalized on numerous occasions at facilities such as Philhaven Hospital and the Hershey Medical Center Psychiatric Unit for depression and suicide attempts. 7. Believing Mother was not mentally fit to care for the child following a recent discharge from Philhaven Hospital, Father filed a Petition for Emergency Relief on December 14, 2001 requesting an emergency order awarding him primary physical and legal custody of Tyler. On January 3, 2002, Maternal Grandparents filed a petition for joinder or, in the alternative, petition for intervention, which petition was not opposed by Mother or Father. 9. On March 11, 2002, in light of no party raising an objection to the petition for joinder or intervention, the court entered an order granting said petition for joinder. A copy of the court's order is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. 10. Pursuant to a temporary Order of Court dated August 1, 2002, Mother, Father and Maternal Grandparents currently share legal and physical custody of the child. Such an arrangement was intended to be temporary in nature inasmuch as the parties could seek an additional conciliation conference after Mother's treating psychiatrist, Dr. Ahmad, provided a written opinion as to Mother's current psychiatric state or Mother underwent a psychological evaluation performed by Arnold T. Shienvold, Ph.D. A copy of the court's order of August 1, 2002 is attached hereto as Exhibit "C" and is incorporated herein by reference thereto. 11. On or about March 4, 2003, Mother was again hospitalized at Philhaven Hospital, suffering from depression with psychotic symptoms including, inter alia, auditory and visual hallucinations. 12. Mother currently resides at 421 Lexington Court, Hershey, Dauphin County, Pennsylvania 17033. She is married to John Fager, and the two reside in the basement of her husband's parent's house, Mr. and Mrs. Fager. Stacey Fager, John Fager's sister, also resides at the residence. 13. Father currently resides alone in an apartment. He is single. 14. Maternal Grandparents reside together at their residence. 15. Maternal Grandparents have not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 16. Maternal Grandparents have no information of any other custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 17. Maternal Grandparents do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. Maternal Grandparents seek custody of Tyler, and the best interest and permanent welfare of Tyler will be served by granting the relief requested because of the following: (a) Maternal Grandparents have genuine care and concern for Tyler; (b) Maternal Grandparent's relationship with Tyler began with the consent of Mother and Father, and that relationship was subsequently confirmed by order of court; (c) Maternal Grandparents have assumed responsibility for Tyler out of necessity because he is substantially at risk if he remains in Mother's primary care given her mental illness and, in particular, given her recent psychiatric episodes and history of psychotic behavior and suicide attempts; (d) Maternal Grandparents are best suited to provide Tyler with the physical, emotional and social needs necessary for the child to develop into a well adjusted young adult; (e) Of the parties, Maternal Grandparents are the most mature and responsible and best suited to provide the stability needed for Tyler's physical and emotional development; (f) Mother was discharged from her most recent hospitalization on March 25, 2003, but Maternal Grandparents do not believe Mother is well enough to exercise the custody granted under the August 1, 2002 order; and (g) Maternal Grandparents believe, and therefore aver, that Father's new apartment has no room for Tyler and, therefore, Tyler resides with Father's parents during his periods of custody. 19. In light of the provision of the order of court dated August 1, 2002. permitting an additional conciliation conference, Maternal Grandparents hereby request that such an additional conciliation conference be scheduled before Dawn Sunday, Esquire. WHEREFORE, counterclaim Plaintiffs request a follow-up conciliation conference be scheduled and, thereafter, the Court enter an order granting them primary physical custody of the child. Respectfully submitted, Date: ' UJ 3 ?'? ' 0 T•r? Donald T. Kissinger, squire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendants/Counterclaim Plaintiffs, Thomas & Sheryl Sunday HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW JOSEPH M. BILE, Defendant CUSTODY ORDER OF COURT AND NOW, this ,2 ?Fh day of 2000, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: . I. The Mother, Hillary A. Sunday, and the Father, Joseph M. Byle, shall have shared legal custody of Tyler Christian Sunday, born March 2, 1999- 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. The parties shall notify each other as prcmptly'as _possible of any medical emergencies which arise or of any significant medical treatment required by the Child during that party's period of custody. 2- The mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 4:00 p.m. The Father's periods of alternating weekend custody shall begin on Friday, July 28, 2000. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. tEIS7MAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall nm from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in even numbered years and during segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B- ALTFRNAd'ING EK)LIPAYS: The parties sha7.1 alternate having custody on the following holidays from 9:00 a.m. until 4:00 p.m.: New Years Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. In even numbered years, the mother shall have custody of the Child on Easter, July 4th and Thanksgiving and the Father shall have custody on New Years Day, Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on New Years Day, Memorial Day and Labor Day, and the Father shall have custody on Easter, July 4th and Thanksgiving. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on mother's Day from 9:00 a.m. until 4:00 p.m. and the Father shall have custody of the child every year on Father's Day from 9:00 a.m. until 4:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Beginning in 2001, the Father shall also have custody of the child during the sullener each year for two non-consecutive weeks upon providing at least 60 days advance notice to the Mother. 6. Unless otherwise agreed between the parties, all exchanges of custody under this Order shall take place at the McDonald's restaurant on Route 114 in Silver Spring Township. The parties shall cooperate in attempting to resolve the conflicts which prevent amicable exchanges of custody at the parties respective residences. 7. Both parties shall refrain from smoking in the Child's presence and shall ensure that third parties comply with this restriction during their periods of custody. 8. Both parties shall follow the recommendations and instructions of the child's physician with respect to special precautions or care for the Child. 9. in the event the Father is unavailable to care for the child during his periods of custody either due to his employment or other unavoidable circumstances, the Father shall make arrangements with the Child's paternal grandparents to provide the care. in the event the psrternal grandparents are unavailable to provide care for the Child, the Father shall contact the Mother to offer her the opportunity to provide care for the Child before contacting other third party caregivers. 10. in the event either party intends to remove the child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party, including the address and telephone number where the Child can be contacted. 11. After the parties have exchanged custody at the McDonalds restaurant in accordance with paragraph 6 of this order for a period of at least two months from the date of this Order, counsel for either party may contact the Conciliator to request the scheduling of an additional Conference, if necessary, to address any problems specifically related to the exchange of custody. 12. 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, J. 5 A19n 4ij 1j. 1A ly J4 cc: Thomas J. Williams, Esquire - Counsel for Mother Kristen Reinhold, Esquire - Counsel for Father II _ ,r s?;t vj hand In Tsstir a4his. 't /of said ?o (i La(ii l., Pa. Tv.. d o . ?u-.l .. LFCZ rothonotary HILLARY A. SUNDAY, Plaintiff Vs. JOSEPH M. BYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2631 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CCNCILIATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND CC@flY 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 Cordummy IN CUSTODY OF Tyler Christian Sunday March 2, 1999 Mother 2. A Conciliation Conference was held on July 18, 2000, with the following individuals in attendance: The mother's counsel, Thomas J. Williams, Esquire, and the Father, Joseph M. Syle, with his counsel, Kristen Reinhold, Esquire. The Mother, Hillary A. Sunday, was not able to attend the Conference due to the illness of a traveling companion while returning to the area. The Mother's parents were present at the Conciliator's office on the mother's behalf, although they did not participate directly in the Conference at the Father's request. 3. The parties (through counsel and the mother's parents on behalf of the mother) agreed to entry of an Order in the form as attached with the exception of the provision on the place of exchange which is the reamutendation of the Conciliator at the Father's request (in light of an existing PFA) but over the Mother's objection as unnecessary. / 9, dank Date ' Dawn S. Sunday, Esquire Custody Conciliator HILLARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of March, 2002, upon consideration of the Petition for Joinder.or, in the Alternative, Petition for Intervention filed on behalf of Thomas C. and Sheryl A. Sunday, maternal gr.ardparent_s of the :nine- child who is the subject of this proceeding, Tyler Christian Sunday (date of birth March 2, 1999), and without objection by any party, the Petition for Joinder/Intervention is granted. By the Court, 1 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 For the Plaintiff Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 For the Defendant Donald T. Kissinger, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Sheryl A. Sunday and Thomas C. Sunday, Petitioners pcb HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of March, 2002, upon consideration of Defendant's Petition for Emergency Relief, and pursuant to an agreement of the parties, the hearing scheduled for this date is rescheduled for Thursday, April 25, 2002, at 3:30 p.m. in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania, to facilitate the Plaintiff's acquisition of new counsel to represent her. This order rescheduling the hearing is without prejudice to the right of any party to petition for emergency and ex parte relief should he or she deem it appropriate in the interim. By the Court, Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 For the Plaintiff Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 For the Defendant Donald T. Kissinger, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Sheryl A. Sunday and Thomas C. Sunday pcb HILLARY A. SUNDAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH M. BYLE, Defendant 00-2631 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of March, 2002, upon consideration of the oral motion of Thomas J. Williams, Esquire, to withdraw from this case, and without objection on the part of any party, the Motion for Withdrawal is granted, and Thomas J. Williams, Esquire, and his law firm of Martson, Deardorff, Williams & Otto, are excused from further representation of the Plaintiff in this case. Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 For the Plaintiff Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 For the Defendant Donald T. Kissinger, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Sheryl A. Sunday and Thomas C. Sunday Hillary A. Sunday, Plaintiff Pro Se 421 Lexington Court Hershey, PA 17033 pcb By the Court, HILLARY A. SUNDAY, Respondent/Plaintiff vs. JOSEPH M. BYLE, THOMAS and SHERYL SUNDAY, Petitioners/Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 14J' day of " , t 2002, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The prior Order of this Court dated May 14, 2002 is vacated and replaced by this Order. 2. The Mother, Hillary A. Sunday, the Father, Joseph M. Byle, and the Maternal Grandparents, Thomas and Sheryl Sunday, shall have shared legal and physical custody of Tyler Christian Sunday, bom March 2, 1999. Information pertaining to the Child shall be shared and all major non-emergency decisions shall be made through consultation. 3. The Mother shall attempt to obtain from her treating psychiatrist, Dr. Ahmad, a written opinion stating whether or not the Mother presents a danger to herself or to others and shall share the written documentation, through counsel, with the other parties. As an alternative in the event the Mother is unable to obtain the foregoing written opinion from Dr. Ahmad, the Mother shall submit herself to a psychological evaluation to be performed by Arnold Shienvold, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations as to whether the Mother is able to provide appropriate care for the Child in light of the Mother's medical/psychological history and whether there are any limitations thereto. The Mother, through counsel, shall provide the Mother's medicallpsychological records to Dr. Shienvold for review and the Mother shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information. All costs of the evaluation shall be shared equally between the Father, the Maternal Grandparents and the Mother, with the Maternal Grandparents and the Father being responsible for the initial payments of their two-thirds share and the Mother being responsible for the final one-third share. 4. Upon receipt of the opinion from Dr"Ahmad or the evaluatiowrecommendations from Dr. Shienvold, counsel for the parties shall contact the Conciliator to schedule an additional Custody Conciliation Conference, if the parties are unable to reach an agreement at that time. 5. Pending receipt of the information from Dr. Abroad or Dr. Shienvold and further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following biweekly schedule: A. WEEK I: The Mother shall have custody of the Child during alternating weeks from Sunday at 12:00 noon through Friday, when the Mother shall take the Child to the day care provider by 1:00 p.m. The exchange of custody between the Mother and the Maternal Grandparents on Sundays shall take place at the McDonalds on Eisenhower Boulevard in Harrisburg. During the Mother's weeks, the Mother shall take the Child to the child care provider on Mondays and Wednesdays by 1:00 p.m. and pick up the Child from day care by 6:00 p.m. In the event the Mother has to work during her periods of custody, the Mother shall contact the Father to offer him the opportunity to provide care for the Child while she is working before contacting third party caregivers. B. WEEK II: During alternating weeks, the Father shall have custody of the Child from Sunday, at a time to be arranged between the Father and the Maternal Grandparents through Friday when the Father shall take the Child to day care. C. WEEKENDS: During weekends preceding the Mother's alternating weeks of custody, the Maternal Grandparents shall have custody of the Child from Friday after day care through Sunday at 12:00 noon. During weekends preceding the Father's alternating weeks of custody, the Maternal grandparents shall have custody of the Child from Friday after day care through Sunday at a time to be arranged between the Father and Maternal Grandparents. D. The Mother's periods of custody shall be supervised by a responsible adult. The requirement of supervision shall also apply during periods when the Mother is transporting the Child to the extent that the Mother shall make a diligent, good faith effort to arrange for an accompanying adult. 6. 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. TRUE COPY FROM RECORD In Testimony vih°_rof, I h-,,," unto set my hand and the seal of said Court at Carlisle, Pa. .af This ...... day of..... a,?o2 Prothonotary ' BY THE COURT, /s/ S& 9:32. J. Wesley Oler, Jr., U J. cc: Carol J. Lindsay, Esquire - Counsel for Molher Kristen R. Reinhold, Esquire - Counsel for Father Donald T. Kissinger, Esquire - Counsel for Maternal Grandparents HILLARY A. SUNDAY, Respondent/Plaintiff VS. JOSEPH M. BYLE, THOMAS and SHERYL SUNDAY, Petitioners/Defendants PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUNBLARY 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 Tyler Christian Sunday March 2, 1999 Father/Maternal Grandparents 2. A Conciliation Conference was held on July 22, 2002, with the following individuals in attendance: The Mother, Hillary A. Sunday, with her counsel, Carol J. Lindsay, Esquire, the Father, Joseph M. Byle, with his counsel, Kristen R. Reinhold, Esquire and the Maternal Grandparents, Thomas and Sheryl Sunday, with their counsel, Donald T. Kissinger, Esquire. The Mother's fiance', John Fager, participated briefly in the Conference to provide information, as the Maternal Grandparents objected to his attendance as a nonparty. 3. Although this matter involves a very difficult and complex family situation, the parties were able to reach an agreement as to temporary arrangements pending receipt of a professional opinion regarding the Mother's medical/psychological status. Input from the Mother's psychiatrist or a professional evaluator will be vital to resolution of this custody situation. Unfortunately, the custody dispute has led to the deterioration of interfamily relationships which otherwise would have the potential to provide a healthy support system for the Child. Although not discussed at the Conference due to the length of discussion on the interim arrangements, it appears that counseling will be necessary to repair the relationship between the Mother and the Maternal Grandparents which would not only benefit those participating in counseling but also the Child's interests and needs. The parties agreed to entry of an Order in the form as attached. ? 4c.)V - yam.. ail. Date ' Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I, Sheryl A. Sunday, hereby swear and affirm that the facts contained in the foregoing Counterclaim for Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 4/2/03 dLwee= 'Sheryl VERIFICATION I, Thomas C. Sunday, hereby swear and affirm that the facts contained in the foregoing Counterclaim for are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 4/2/03 4- . mas C. Sunday IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HILARY A. SUNDAY, Plaintiff NO. 00-2631 CIVIL TERM V. JOSEPH M. BYLE and THOMAS and SHERYL SUNDAY, Defendants CIVIL ACTION - LAW CUSTODY/VISITATION CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Thomas & Sheryl Sunday, Defendants in the above-captioned action, hereby certify that a true and correct copy of the foregoing Counterclaim for Custody was served upon Kristen R. Reinhold, Esquire, counsel for Joseph M. Byle, Defendant, and Carol J. Lindsay, Esquire, counsel for Hilary A. Sunday, Plaintiff, by depositing same in the United States mail, first class, on April 2, 2003, addressed as follows: Kristen R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2922 Date: Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendants/Counterclaim Plaintiffs, Thomas & Sheryl Sunday ?? W W ?• ? a 7? \(2_ v 1 r ?: ?,= t,i (' `J ?ia YYFF 3 _? :?_' ?, -, ;, ?_ l (i ?.fi17 ?, HILARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE and THOMAS And SHERYL SUNDAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2631 CIVIL ACTION - LAW CUSTODY - VISITATION DEFENDANT JOSEPH M. BYLE'S RESPONSE TO DEFENDANTS THOMAS AND SHERYL SUNDAY'S COUNTERCLAIM FOR CUSTODY AND NOW comes the Defendant, Joseph M. Byle, by and through his attorney, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully responds to Defendants, Thomas and Sheryl Sunday's Counterclaim for Custody as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, Defendant Joseph M. Byle currently resides with his sister, Jackie Byle, at 103 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. However, during Father's periods of physical custody of the subject minor child, he resides at his parents' address located at 4633 South Clearview Drive, Camp Hill, Pennsylvania 17011. 4. -12. Admitted. 13. Admitted in part, denied in part. It is admitted that Father is single. It is denied that he currently resides alone in his apartment. During his non-custodial periods, Father resides with his sister, Jackie Byle at 103 East Locust Street, Mechanicsburg, Pennsylvania. During his custodial periods, Father resides with his parents at 4633 South Clearview Drive, Camp Hill, Pennsylvania. 14. Admitted. 15. Admitted. 16. Denied. After reasonable investigation, Father is without knowledge or information sufficient to form a belief as to the truth of this averment, and therefore it is denied. 17. Denied. After reasonable investigation, Father is without knowledge or information sufficient to form a belief as to the truth of this averment, and therefore it is denied. 18. Denied. It is denied that the best interests and permanent welfare of Tyler will be served by transferring custody to the maternal grandparents. To the contrary, Father believes and therefore avers that the best interests and permanent welfare of Tyler will be served by granting him primary physical custody. (a) Admitted. (b) Admitted. (c) Admitted in part, denied in part. It is admitted that the subject minor child is substantially at risk if he remains in Mother's primary care given her mental illness. It is denied that maternal grandparents have assumed responsibility for the subject child out of necessity. (d) Denied. It is emphatically denied that the maternal grandparents are best suited to provide Tyler with the physical, emotional, and social needs necessary for the child to develop into a well-adjusted young adult. To the contrary, Father believes and therefore avers that he is best suited to provide for the subject child's physical, emotional, and social needs. (e) Denied. It is denied that the maternal grandparents are the most mature and responsible and best suited to provide the stability needed for Tyler's physical and emotional development. To the contrary, Father believes and therefore avers that he is mature, responsible and best suited to provide the stability needed for Tyler's physical and emotional development. (f) Admitted. (g) Denied. It is denied that Father's new apartment has no room for Tyler and Tyler resides with Father's parents during his periods of custody. Father's apartment has adequate room and has an available bedroom for the child in the event Father is granted primary physical custody of the child. 19. No responsive pleading is necessary. WHEREFORE, Defendant, Joseph M. Byle respectfully requests this Honorable Court grant him primary physical custody of the subject minor child. Date: 5/13 )03 Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLI Kkistin . Reinhold, Esquire 5922 L nglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Joseph M. Byle A F F I D A V I T I, iv-eD k hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: VT C Jl?'. = rv :? HILARY A. SUNDAY, Plaintiff VS. JOSEPH M. BYLE AND THOMAS AND SHERYL SUNDAY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this is t day of "4 2 _, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered 1d directed as follows: 1. The prior Order of this Court dated August 1, 2002 is vacated and replaced with this Order. 2. The Mother, Hilary A. Fager, the Father, Joseph M. Byle, and the Maternal Grandparents, Thomas and Sheryl Sunday, shall have shared legal custody of Tyler Christian Sunday, born March 2, 1999. Unless an objection is raised or as otherwise agreed, the shared legal custody arrangement shall terminate with respect to the Maternal Grandparents on December 31, 2003. If an objection is raised, the Maternal Grandparents shall continue to share having legal custody of the Child pending further Order of Court or agreement of the parties. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child during the week from Monday after day care through Friday, when the Father shall transport the Child to the Maternal Grandparents' residence between 7:00 and 8:00 am. The Father shall also have custody of the Child on the first Sunday of each month beginning at 9:00 am and continuing through termination of the Father' s regular weekly period of custody. For the Father's Sunday period of custody, the exchange of custody shall take place at the Fuddrucker's Restaurant in Hershey. B. The Mother shall have custody of the Child every weekend from Friday at 4:30 pm, when the Mother shall pick up the Child at the Maternal Grandparents' residence through Monday before daycare, with the exception of the first Sunday of each month when the Father shall have custody as provided in the preceding paragraph. During the week the Mother may visit with the Child and remove the Child from daycare for short periods as permitted by daycare policies. The Mother shall notify the Father in advance if she intends to remove the Child from daycare for any period. C. The Maternal Grandparents shall have custody of the Child every Friday from between 7:00 and 8:00 am through 4:30 pm. The parties may agree on a different weekday for the weekly period of partial custody under this paragraph and adjust the schedule accordingly. The Maternal Grandparents shall also be entitled to have custody of the Child for five overnights per year, with the specific dates to be arranged by agreement of the parties. 4. The Mother and the Father 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 Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day, and the Mother shall have custody on July 4`h, Thanksgiving and New Year's Day. In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day, and the Father shall have custody on July 4`h, Thanksgiving and New Year's Day. The specific times for exchanges of custody on holidays shall be arranged by agreement of the parties. C. CHILD'S BIRTHDAY: The Mother shall have custody of the Child on his birthday from 9:00 am until 1:00 pm and the Father shall have custody from 1:00 pm until 8:00 pm. D. MOTHER'S DAY / FATHER'S DAY: The Mother shall have a period of custody with the Child on Mother's Day and the Father shall have a period of custody with the Child on Father's Day, with the specific times to be arranged by agreement of the parties. E. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. F. All exchanges of custody for holidays shall take place at the Fuddrucker's Restaurant in Hershey, unless otherwise agreed between the parties. 5. In the event a parent is unavailable to provide care for the Child during his or her period of custody for an overnight period or longer, that parent shall contact the other parent to offer the opportunity to provide care for the Child. In the event the non-custodial parent is not available to provide the care, the custodial parent shall contact the Maternal Grandparents to offer the opportunity to provide care before contacting non-party caregivers. 6. The parties shall refrain from doing or saying anything which may estrange the Child from the other parties, injure the opinion of the Child as to the other parties, or hamper the free and natural development of the Child's love and respect for the other parties. The parties shall ensure that non-parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The provisions of this Order may be modified by consent of all parties. In the absence of consent by all parties, the terms of this Order shall control. BY THE COURT, 1 -1 9 0 J. esley Oler, Jr J. r cc ten R. Reinhold, Esquire - Counsel for Father arol J. Lindsay, Esquire - Counsel for Mother /Ronald T. Kissinger, Esquire - Counsel for Maternal Grandparents RKs 5-2g'/TIA HILARY A. SUNDAY, Plaintiff vs. JOSEPH M. BYLE AND THOMAS AND SHERYL SUNDAY Defendants PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 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 Tyler Christian Sunday March 2, 1999 Mother / Father/ Maternal Grandparents 2. A Conciliation Conference was held on May 15, 2003, with the following individuals in attendance: The Mother, Hilary A. Fager (formerly, Sunday), with her counsel, Carol J. Lindsay, Esquire, the Father, Joseph M. Byle, with his counsel, Kristen Reinhold, Esquire, and the Maternal Grandparents, Thomas and Sheryl Sunday, with their counsel, Donald T. Kissinger, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /Yia.: / 1, a-00 3 Date Dawn S. Sunday, Esquire Custody Conciliator P ED--C 1CE CF TH'.- r,:.,IOTP^q f p. 03 MAY 29 ' 11: 53 CUM- ,. ?' C'JUivT1' PENNISY'LViNA HILARY A. SUNDAY, Plaintiff V. JOSEPH M. BYLE and THOMAS and SHERYL SUNDAY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2631 CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION AND NOW, comes Hilary A. Fager, formerly Hilary A. Sunday, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. Petitioner and Joseph M. Byle are parents of a child, Tyler Christian Sunday, born March 2, 1999. Thomas and Sheryl Sunday are the child's maternal grandparents. 2. On May 28, 2003, this Honorable Court entered an Order after a conciliation. A copy of the Order is attached hereto as Exhibit "A". According to the terms of the Order, the parents now share legal custody of the child, with Petitioner having physical custody every weekend and Respondent having custody during the weekdays. The maternal grandparents have enjoyed partial custody of the child on Fridays during the day and some overnights in the course of the year. Prior to the entry of the Court's initial Order, primary custody of the child had been in Mother from the child's birth until 2001 when Mother suffered severe depression and hospitalization from a post-partum depression. 3. For two and a half years, Petitioner has been free of medications and has SAIDIS, FLOWER & LE%DS" ATLORNEVS•AT LAW 26 West High Street Carlisle, PA had no psychiatric issues. She has completed a course leading to a certificate as a medical assistant and is now a student working toward a nursing degree. She has married and she and her husband reside in Palmyra, Pennsylvania. 4. The child has been residing primarily with his father who placed him in before and after school care to accommodate his work schedule. 5. On or about Christmas 2006, the parties agreed that commencing June 2007, the child would live primarily with Petitioner because the child wishes to reside with his mother, because Petitioner can provide care for the child without the need of daycare and because Petitioner was formerly the primary caregiver of the child. In furtherance of this plan, the parties together advised the child that there would be a change in his primary residence and so told others including the maternal grandparents and teachers at the child's school. 6. On or about May 16, 2007, Respondent advised that he was changing his mind and that the child could no longer live with Petitioner. 7. Petitioner believes and therefore avers that the best interest of the child can be served by permitting her to have custody of the child primarily because Petitioner is a good and loving parent who can best care for the child, because the child wishes to live with Petitioner, his mother, and because Petitioner can provide the best setting for the child without the need for daycare. 8. The maternal grandparents support this Petition. WHEREFORE, Petitioner prays this Honorable Court to set a hearing and after the hearing to modify the Court's Order of May 28, 2003, providing primary physical custody of the child to Petitioner. Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ,F Carol J. Lindsay "E uire Supreme Cou o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: 5/Z5167 7 HILARY A. SUNDAY, Plaintiff VS. JOSEPH M. BYLE AND THOMAS AND SHERYL SUNDAY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of MP!l 2003, upon -VaL consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: 1. The prior Order of this Court dated August 1, 2002 is vacated and replaced with this Order. 2. The Mother, Hilary A. Fager, the Father, Joseph M. Byle, and the Maternal Grandparents, Thomas and Sheryl Sunday, shall have shared legal custody of Tyler Christian Sunday, born March 2, 1999. Unless an objection is raised or as otherwise agreed, the shared legal custody arrangement shall terminate with respect to the Maternal Grandparents on December 31, 2003. If an objection is raised, the Maternal Grandparents shall continue to share having legal custody of the Child pending further Order of Court or agreement of the parties. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child during the week from Monday after day care through Friday, when the Father shall transport the Child to the Maternal Grandparents' residence between 7:00 and 8:00 am. The Father shall also have custody of the Child on the first Sunday of each month beginning at 9:00 am and continuing through termination of the Father' s regular weekly period of custody. For the Father's Sunday period of custody, the exchange of custody shall take place at the Fuddrucker's Restaurant in Hershey. B. The Mother shall have custody of the Child every weekend from Friday at 4:30 pm, when the Mother shall pick up the Child at the Maternal Grandparents' residence through Monday before daycare, with the exception of the first Sunday of each month when the Father shall have custody as provided in the preceding paragraph. During the week the Mother may visit with the Child and remove the Child from daycare for short periods as permitted by daycare policies. The Mother shall notify the Father in advance if she intends to remove the Child from daycare for any period. C. The Maternal Grandparents shall have custody of the Child every Friday from between 7:00 and 8:00 am through 4:30 pm. The parties may agree on a different weekday for the weekly period of partial custody under this paragraph and adjust the schedule accordingly. The Maternal Grandparents shall also be entitled to have custody of the Child for five overnights per year, with the specific dates to be arranged by agreement of the parties. 4. The Mother and the Father 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 Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. ALTERNATING HOLIDAYS: In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day, and the Mother shall have custody on July 4th, Thanksgiving and New Year's Day. In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day, and the Father shall have custody on July 4th, Thanksgiving and New Year's Day. The specific times for exchanges of custody on holidays shall be arranged by agreement of the parties. C. CHILD'$ BIRTHDAY: The Mother shall have custody of the Child on his birthday from 9:00 am until 1:00 pm and the Father shall have custody from 1:00 pm until 8:00 pm. D. MOTBER'S DAY / FATHER'S DAY: The Mother shall have a period of custody with the Child on Mother's Day and the Father shall have a period of custody with the Child on Father's Day, with the specific times to be arranged by agreement of the parties. E. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. F. All exchanges of custody for holidays shall take place at the Fuddrucker's Restaurant in Hershey, unless otherwise agreed between the parties. 5. In the event a parent is unavailable to provide care for the Child during his or her period of custody for an overnight period or longer, that parent shall contact the other parent to offer the opportunity to provide care for the Child. In the event the non-custodial parent is not available to provide the care, the custodial parent shall contact the Maternal Grandparents to offer the opportunity to provide care before contacting non-party caregivers. 6. The parties shall refrain from doing or saying anything which may estrange the Child from the other parties, injure the opinion of the Child as to the other parties, or hamper the free and natural development of the Child's love and respect for the other parties. The parties shall ensure that non-parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The provisions of this Order may be modified by consent of all parties. In the absence of consent by all parties, the terms of this Order shall control. BY TEE COURT, J. esley Oler, J J. r cc- en R. Reinhold, Esquire - Counsel for Father arol J. Lindsay, Esquire - Counsel for Mother ,,,Bonald T. Kissinger, Esquire - Counsel for Maternal Grandparents RKs 5-z9-m HILARY A. SUNDAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JOSEPH M. BYLE AND THOMAS AND SHERYL SUNDAY Defendants PRIOR JUDGE: J. Wesley Oler, Jr. 00-2631 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Christian Sunday March 2, 1999 Mother / Father/ Maternal Grandparents 2. A Conciliation Conference was held on May 15, 2003, with the following individuals in attendance: The Mother, Hilary A. Fager (formerly, Sunday), with her counsel, Carol J. Lindsay, Esquire, the Father, Joseph M. Byle, with his counsel, Kristen Reinhold, Esquire, and the Maternal Grandparents, Thomas and Sheryl Sunday, with their counsel, Donald T. Kissinger, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsifications to authorities. it ry Sund y ager Date: ? ? 2; l 4 7 r*.a c=3 C CZ3 -» GJ _y HILARY A. SUNDAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-2631 CIVIL ACTION LAW JOSEPH M. BYLE AND THOMAS AND SHERYL SUNDAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 04, 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 Thursday, June 28, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: tsl Dawn S. Sunda Es q, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 17 3 r 7'Mno 6 ! :C Wd h- NAr LOOZ AdViONOHiOi d ?HI ?O JUL SS20D7,? HILARY A.SUNDAY Plaintiff V. JOSEPH M. BYLE AND THOMAS AND SHERYL SUNDAY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT L%i 2- 1. The prior Order of this court dated May 28, 2003 shall continue in effect as modified by this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the summer school break each year, the parties shall share having custody of the Child on an alternating weekly basis, with the specific times for exchange to be arranged by agreement between the parties. B. The following schedule for the school year shall commence at the beginning of the 2007- 2008 school year on the condition that the Mother has relocated her residence to the Cumberland Valley School District. During the school year, the Mother shall have custody of the Child every week from Friday after school when the Child shall ride the school bus to the Mother's residence, through Tuesday after school when the Father shall pick up the Child after work at the Mother's residence. The Father shall have custody from Tuesday after work through Friday when the Child goes to school. Notwithstanding the foregoing, the Father shall have custody of the Child for one weekend each month from Friday after work through the following school week. The parties shall select the dates for the Father's weekend each month by agreement. Unless the Father is available immediately after school to have custody of the Child, during the Father's custodial school days, the Child shall ride the bus to the Mother's residence after school, where the Father shall pick up the Child after work. The parties may arrange for the Child to ride the school bus from the Mother's residence in the morning before work by mutual agreement. C. After following the school year schedule set forth in the preceding paragraph at least through October 2007, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, or the parties may engage in mediation, in the event either party has a concern regarding the Child's adjustment to the custodial schedule. C;? "2 !, ? - 'T Ll 4. This Order is entered pursuant to an agreement of the parties. 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. cc/arol J. Lindsay, Esquire- Counsel for Mother Kyfstin R. Reinhold, Esquire- Counsel for Father Z .4 BY THE COURT, HILARY A. SUNDAY Plaintiff V. JOSEPH M. BYLE AND THOMAS AND SHERYL SUNDAY Defendant Prior Judge: J. Wesley Oler Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2631 CIVIL ACTION LAW IN CUSTODY CONCILIATION REPORT AND ORDER 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 Tyler Christian Sunday March 2, 1999 Father/ Mother 2. A Conciliation Conference was held on July 2, 2007, with the following individuals in attendance: The Mother, Hilary A. Fager, formerly Sunday, with her counsel, Carol J. Lindsay, Esquire, and the Father, Joseph M. Byle, with his counsel, Kristin R. Reinhold, Esquire. 3. The parties agreed to entry of an Order in the form as attached. It should be noted that the conciliator held this matter following the conference for an extended period pending the parties' further consideration. aC?? _7 Date 1J Dawn S. Sunday, Esquire