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HomeMy WebLinkAbout00-04567 . JANICE T. SALISBURY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL S. SALISBURY 00-4567 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 6TH day of JULY ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 onthe26m dayof JULY ,2000, 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TIIE COURT, By: Isl Melissa P. Greevy. Esq.bP 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 TillS 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 our WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ~~ "-iifl...~lfii!ili!i;~~~~lffil~~~I!It.lljililf~et~U~* ~-~ ~ ~~. ~_~d. _r"'I!j~"" " F!1 r'D"nl':Flj~'- nf'" .,... ;,.:"'~:~" ,".' IV!: ,j:- !.!-:.. :"':',r'C;",r(\j\".r,"'''RY " " "",', '''-.Ji,!\j OD.lU/. I [l PH 3: 34 CUM3ERu1ND COUNTY PENNSYLVANIA 7'/O,t:J() (!J. dW ~~ df ~ j,/t/.t:ltJ ~ ~ h ~. )./tJ'CJt) ~ /JA.~ -$ ~~ . '''''"'''''' ,._-,-", .,-- " ~. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. 00 - ~S'1o 7 d..... L /~ JANICE T. SALISBURY Plaintiff MICHAEL S. SALISBURY Defendant CML ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before, , Esquire, the Conciliator, on the _ day of 2000, at .M., at the 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 the entry of a temporary or permanent Order. Notification to the Defendant by the Prothonotary's Office is waived. ,<',.-'> For the Court, Date of Order: By Custody Conciliator YOU SHOULD TAKE TmS 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 ~"~, . _. 'c',,__ =_~._" _ ", ,_<.';,~,_~ _,,"""'-_":_~__"___' .:-, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. NO. rJ-o- '/5(,,7 CWu~' JANICE T. SALISBURY Plaintiff MICHAEL S. SALISBURY Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Janice T. Salisbury, residing at 303 Hemlock Road, New Cumberland, York County, Pennsylvania. 2. The Defendant is Michael S. Salisbury, at 201 Bosler Avenue, Unit B, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary custody of the following children: NAME PRESENT RESIDENCE D.O.B. Alyson M. Salisbury 201 Bosler Avenue, Unit B Lemoyne, P A October 11,1984 Wesley A. Salisbury 201 Bosler Avenue, Unit B Lemoyne, P A June 27,1986 The children were not born out of wedlock. The children are presently in the custody of Michael S. Salisbury who resides at 201 Bosler Avenue, Unit B, Lemoyne, Pennsylvania. Ie ''''''1'.=' '___~ ~,,' ",. ',";_,_,_...._ ',,- . "-_'':,\'-_' . - ""'."-<~' - ~. ,,--y- -, -, - During the past five years, the children have resided with the following persons and at the following addresses: NAME Janice and Michael Salisbury Janice Salisbury Janice and Michael Salisbury Janice Salisbury Michael Salisbury RESIDENCE DATE 355 Martingale Drive Camp Hill, P A 1991. August 2, 1997 303 Hemlock Road New Cumberland, P A August 2, 1997- December 1998 303 Hemlock Road New Cumberland, P A December 1998- June 1999 303 Hemlock Road New Cumberland, P A June 1999- May 28, 2000 201 Bosler Avenue Lemoyne, P A May 28, 2000- present The mother of the children is Janice T. Salisbury, currently residing at 303 Hemlock Road, New Cumberland, Pennsylvania. She is married to the Defendant. The father of the children is Michael S. Salisbury, currently residing at 201 Bosler Avenue, Lemoyne, Pennsylvania. He is married to the Plaintiff. 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME No one ',"-_0 . _.~ ',' ",,-~- ,- - -' - RELATIONSillP "'-. '''''F''. "." ,-^ 5. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: NAME Alyson M. Salisbury Wesley A. Salisbury RELATIONSIDP Daughter Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested. Since the parties originally separated in August of 1997, the children have resided at their mother's home at 303 Hemlock Road, New Cumberland, Pennsylvania. Plaintiff, Janice T. Salisbury believes, and therefore avers that she is the parent better able to provide for the children's physical and emotional well being. Defendant, Michael S. Salisbury has refused to provide the medical treatment necessary for the parties' son Wesley and has attempted to alienate the children from their mother. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. '-~ " " - - - - "",-.~. """:_~"__'C_ , "c'"-- ..-- n ' ~ ~--- -- .~. --~ " _ n WHEREFORE, the Plaintiff, Janice T. Salisbury, requests the court to grant primary physical custody of the minor children, Alyson M. Salisbury and Wesley A. Salisbury, to her. JAMES, SMITH, DURKIN & CONNELLY LLP Date: C/.:<y?-, ~ By:/f~ S~. e1., Esquire Post Office Box 650 ' Hershey,PA 17033 (717) 533-3280 P A LD. No. 44837 "~. '.'",j ."~ "'3',-'7--_' .0__._' . , --'f'-;P -~-- VERIFICA TION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: e;k.-!/oo ~~~ Janice T. Salisbury C'."" " - -, ~,' ,- - ~- ',"" '""", ' , j 'H' G'__' ,'?-,-' I"~" ,-, ~"" "~ '" ~ 0. _ ,. - '-"_.~_~_' ^> ~ kR ...cllv 4 " ~ V) f~j ~ "~. ,,' ---, ,~- >> . . ~ <f( ~ ~ ~ .'1 (jot P 8 g 0 I o ~.; <:. -vtIi [nrT"! .o<l:::::,(J ~C:;:, (,J"...:.... -<:..,.- r::o ~, ~~() "'"0 ::::~c:: :z: =< '~~'<<""",- "-"'^ ~~lll\\1 ,'"'\~"",.~_........Il~,.,__ "'--",-,'=~ ~d'~ ' " , , a C:''t '- ,- ;~~ GJ s:~ "'.-i -::--'::;.'1 ,,, '.,._- '" Co ,--,J (,:1 (~) ~(~~J e,m --"1 'p, 5:' -< v :-.a: N W --.l "' "r .,~ AUG 7 2000\ ( .- .I- . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4567 JANICE T. SALISBURY, Plaintiff MICHAEL S. SALISBURY, Defendant CIVIL ACTION - LAW CUSTODY INTERIM ORDER OF COURT AND NOW, this ". day of A.~....v , 2000, upon consideration of the attached Custody Conciliation Summary Repo , the following Interim Order is entered: 1. The parties shall submit themselves and their minor children to a Custody Evaluation to be performed by Stanley Schneider, Ed.D.., or other professionals selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which would be in the best interest of the children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the children. The Father shall be responsible to pay 72% of the cost of the evaluation; the Mother shall be responsible to pay 28% of the cost of the evaluation. 2. The parties shall have shared legal custody of the minor children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shaH be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Pending the completion of the Custody Evaluation and further Order of this Court or an agreement of the parties, the parents shall have shared physical custody of the minor children, Alyson M. Salisbury, born October 11, 1984, and Wesley A. Salisbury, born June 27, 1986. The custodial schedule shall be week on, week off. Mother's week shall commence from after work on Friday, August 4, 2000, and shall end after work on Friday, August 11, 2000. 4. Neither party will interfere with the other party's period of custody. 5. Each party shall ensure that the other party has his or her current address and telephone number at all times. 6. Neither party shaH do or say anything which may estrange the children from the '~l - . -~~,.,~ F!LED-QfFIG~ OF THE PROTHONOTARY 00 AUG -8 PH 4: 06 CUtviBERU.\ND COUNTY PENNSYLVANIA .' ~........... . .r . ~....,r. _ .~ ',_d :~,5'.~"~ ... -- UIlJ!. ~'. ~~I!f~,,"_.,~", "ll!II!IWl;Jt'fI..:E .......__"L~~_~,,~~ ..,.~!A! r,.._, .~ --,"", ~ .~, ., '" other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with provision during his or her periods of custody. The parties shall discuss neither the custody evaluation nor the custody litigation with the children. 7. Following the completion of the Custody Evaluation, if the parties have not resolved this matter, the parties may, upon proper petition, request to return to conciliation or request hearing be scheduled before the Court. BY THE COURT, Dis!: Susan M. Kadel, Esquire, PO Box 650, Hershey, PA 1703 counsel for the plaintiff Gary Kelley, Esquire, 132-134 Walnut Street, Harrisburg A 17101, counsel for the defendant J. Y- 11 C~-qJ.O f.1\~ '. AlJG 7 20~ ..' vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4567 JANICE T. SALISBURY, Plaintiff MICHAEL S. SALISBURY, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alyson M. Salisbury Wesley A. Salisbury October 11, 1984 June 27, 1986 Father Father 2. A Conciliation Conference was held on July 26, 2000, with the following individuals in attendance: The plaintiff, Janice T. Salisbury, and her counsel, Susan M. Kadel, Esquire; the defendant, Michael S. Salisbury, and his counsel, Gary Kelley, Esquire. 3. The parties were not able to reach an agreement at the Custody Conciliation Conference. Therefore, the Conciliator recommends an interim order in the form as attached allowing parties to return to conciliation prior to a hearing if they are not able to reach an agreement following the Custody Evaluation. 4. Issues upon which the parties agreed: There will be a Custody Evaluation to be performed by Dr. Stanley Schneider. It is recommended by the Conciliator that the expenses of this evaluation be born pro rata by the parties in accordance with the net incomes as determined previously by the Domestic Relations Office: Father shall bear 72% of the cost of the Custody Evaluation, and mother shall bear 28% of the cost of the Evaluation. 5. The Mother's position on custody: Mother reports that she had primary physical custody from the time of their most recent separation in June of 1999 until the weekend of May 28, 2000, when the children did not return from a visit with their Father. She feels that she should have primary physical custody with the Father having alternating weekends from Friday to Sunday and one evening during the week. She claims that the amount of time that she has seen the children since the Memorial Day weekend, 2000, has totaled six nights. She .' l~n _ T, ~ ~ alleges the father has moved the children around to various homes with members of the church which he and the children are attending and is doing this in an attempt to make them unavailable to spend time with her. She is also concerned that their almost daily church involvement is interfering with her ability to spend time with them as well. She states that she has left multiple messages for them which were not returned and has had occasions where the parties have agreed that she could have partial custody but that Father has agreed to return the children as agreed. 6. Father's position on custody: Father claims that Mother dropped the children off with him for their visit with him on Memorial Day weekend accompanied by their clothing and personal items in such a way that he came to believe that she no longer wanted to have primary custody of them. He feels that he should have primary physical custody or at least 51 % physical custody of at least one child. His explanation for wanting these arrangements seemed to reflect his concerns about financial impact of the custody arrangement. Father also claims that the children do not want to be with the Mother and seems content to allow the children to dictate and control the situation rather than to exercise his guiding role as their Father. 7. Need for separate counsel to represent the children: Neither party requested same. 8. Need for independent psychological evaluation or counseling: This was addressed at the Conference with the parties. It appears that a Custody Evaluation is necessary and the parties did agree to use Stanley Schneider, Ed. D. as the Evaluator. Due to the acknowledged tensions and strain in the relationship between mother and the children, the parties agreed that Mother and the children could undergo counseling in an attempt to repair the strains and/or alienation in these relationships. 9. Other comments: Conciliator is concerned that there may be alienation occurring between the Mother and the children and therefore is recommending an Interim Order granting shared custody, week on week off. tf.1/7.0 PP U!;n-iG~ Melissa Peel Greevy, Esquire Custody Conciliator Date , "1'1 .. JANICE T. SALISBURY PLAINTIFF V. MICHAEL S. SALISBURY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-4567 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 27TH day of OCTOBER, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 28THlayof NOVEMBER, 2000, at ---.!!:OO A.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: Isl Melissa P. Greevy. Esq.1;b 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 HA VB 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 i-,- ,. , . ~ ~ ~_~~1ak~;m.1":ill~I!oEiOOl~IIlll!j;Iill1&~,~1".;."",.""",0!""""",,,;"'!a!),~l,-';;~,-'liO~~~~il'jI;W. ~". ^ < ~.".,r~",., ~7-,,_ .~_ . OF nJ~~L~ft9ff(CE. '- "j/hONOTARY aD OCT 30 PH 3: .13 CUMBERL/JND COUNTY PENNSYLVANIA I /o.$),tJtJ W. ~~ ~4" eadJ /o,>>.{?O ,'1t~ ~ ~ ~ ~ ;l? -Jo-tYt! t~ ftt~ .~ a:If' ~ .., , ,," ~__h_ '_ ',,"," " r11~1l1l'-'" ~...:;' . JANICE T. SALISBURY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-4567 MICHAEL S. SALISBURY Defendant : CIVIL ACTION - LAW : IN CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on day of , 2000, at _.M, in Courtroom , I Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. Ifthe court fmds that you have willfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 &t~~ Attorney for Plaintiff f- ""i!!~"--Oi " ;- -,. "'7"'0----,'1- If" - "_ _ -",<"!''''",-:c~'<Z'"' '.?1- -",-,,'-''-"c' ~_.' " .,- -' .~" ~, JANICE T. SALISBURY Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4567 MICHAEL S. SALISBURY Defendant : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CIVIL COMPLAINT FOR DISOBEDIENCE OF CUSTODY ORDER PURSUANT TO PA.R.C.P. 1915.12 The Petition of Plaintiff, Janice T. Salisbury, respectfully represents that: 1. On August 8, 2000, the Honorable Kevin Hess entered an Interim Custody Order directing that the parties share custody of their two children, Alyson and Wesley, on an alternating weekly basis. 2. The Order further provided, inter alia, that: The parties shall submit themselves and their minor children to a custody evaluation to be performed by Stanley Schneider, Ed.D., or other professionals selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which would be in the best interest of the children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the children. The father shall be responsible to pay 72% of the cost of the evaluation; the Mother shall be responsible to pay 28% of the cost of the evaluation. A true and correct copy of the custody order is attached hereto, and market Exhibit A. 3. Respondent Michael S. Salisbury has willfully failed to abide by the order in that he is refusing to participate in or pay for his percentage share of the custodial evaluation. Respondent, through his counsel Gary Kelley, Esquire, has stated that he will not pay for his portion of the evaluation. 4. Petitioner Janice Salisbury is prepared to go forward with the evaluations as directed by the Court as she believes that there are significant custodial issues that need to be addressed by a custody evaluator. ii.,.."".._._. _ -.," '"",,' "_,,,. -~.,,~ ^, . ,__, ~,_,,-,_ ,.. '. ,,__ '_"~~" ~ ~,,~- v, __~ _ -_~ ".. "'7"1' " . ~~- ,. '" '. 5. Respondent has stated that he does not have the money to proceed with a custody evaluation. He is employed by Harrisburg Area Community College and presently earns in excess of $60,000.00 annually. It is believed, and therefore averred, that the custody evaluator has requested that Respondent pay $1,500.00 toward the evaluation. Certainly, given Respondent's earnings ,this figure is well within his means. Thus, any refusal to proceed can only be deemed willful. WHEREFORE, it is respectfully requested that Respondent Michael S. Salisbury be held in contempt of court for failing to comply with the Court's August 8, 2000, Order. Further, Petitioner requests that Respondent be directed to immediately comply with the Order as stated. Respectfully submitted, ~~L.4 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 P.A.I.D. No. 44837 :? N."""_ -1""--d"<:",'''''~,_ ~o ,~ ' "'c . _ _'_.".c_,., _ ",,~_ ,~, ,; '" ,e-,. ".f, ',_ ..'r_~ ,__~ _' ",_ .-0 _ ,c~""'~':'" __.~ ,'0.'__ _ -, ,., JANICE T. SALISBURY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : v. : NO. 00-4567 MICHAEL S. SALISBURY Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy the Petition for Civil Contempt on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Gary 1. Kelley, Esquire 13 2-134 Walnut Street Harrisburg, PA 17101 JAMES, SMIill, DURKIN & CONNELLY DATE: ()~ ;;'t~Ogrd By: ~n ~ Sus . el, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 P A J.D. No. 44837 Ie ". ,,,,,,,,~_,,. c,,, "__ ',"<_~_..r'?_' ~"i,__"..,.,- ",~-r~",,~ ''''''<~_'',',_;, ,~. '" _"'.'''' _~ """ _ '^"" _ ~_ ,_ , ~, ~ ,. .-~, . . AUf) 7 200~ . ~ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4567 JANICE T. SALISBURY, Plaintiff MICHAEL S. SALISBURY, Defendant CIVIL ACTION. LAW CUSTODY INTE~lblI9BDER OF COURT I I I I AND NOW, this ~. day of A...."" v , 2000, upon consideration of the attached Custody Conciliation Summary Report, the following Interim Order is entered: 1. The parties shall submit themselves and their minor children to a Custody Evaluation to be performed by Stanley Schneider, Ed.D.., or other professionals selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which would be in the best interest of the children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the children. The Father shall be responsible to pay 72% of the cost of the evaluation; the Mother shall be responsible to pay 28% of the cost of the evaluation. 2. The parties shall have shared legal custody of the minor children Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the children includina, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to . make the records and information of reasonable use to the other parent. 3, Pending the completion of the Custody Evaluation and further Order of this Court or an agreement of the parties, the parents shall have shared physical custody of the minor children, Alyson M. Salisbury, born October 11, 1984, and Wesley A. Salisbury, born June 27, 1986. The custodiai schedule shall be week on, week off Mother's week shall commence from after work on Friday, August 4,2000, and shall end after work on Friday, August 11, 2000. 4. Neither party will interfere with the other party's period of custody. 5, Each party shall ensure that the other party has his or her current address and telephone number at all times. 6. Neither party shall do or say anything which may estrange the children from the "'~c"'-~ -~ ,. . , - . other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the othef parent. Each parent shall ensure that third parties also comply with provision during his or her periods of custody. The parties shall discuss neither the ct:lstody evaluation nor the custody litigation with the chiidren. 7. Following the completion of the Custody Evaluation, if the parties have not resolved this matter, the parties may, upon proper petition, request to return to conciliation Of request hearing be scheduled before the Court. BY THE COURT, Dist: Susan M. Kadel, Esquire, PO Box 650, Hershey, PA 1703 counsel for the plaintiff Gary Kelley, Esquire, 132-134 Walnut Street. Harrisburg A 17101, counsel for the defendant . flY- t~ -<1 JO f.1\~ J. If, ' "- ~~"~II"til;1,,~~. ,~~_...." ~l ll~ .~ -~~"""', ~" , ""~I '~'~-'.'"'~'-'-".~ c., C) ~::> l ~..~ '''..) C:" r.< "' ,-~ ..,'"i -" '..<C') ,,', ii :",,) rrl co 4~!i1, Il!lil'l'~~"~I~I';;I"'~ii+O~,,-.!,-,,>;,~~~;':'~~"'l'''',~'1Wl'i,'ftI''~<~ffiR~"''''''i''J>NTif''''5!'!n~'R:~;;'''';''''':If't~W;~;f' '~J .. DEe 0 4 2000; ~ . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANICE T. SALISBURY, vs. NO. 00-4567 MICHAEL S. SALISBURY, Defendant CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUST-ODY OF Alyson M. Salisbury Wesley A. Salisbury October 11, 1984 June 27, 1986 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on November 29, 2000, with the following individuals in attendance: Jarad Handleman, Esquire; the Defendant, Michael S. Salisbury, and his counsel, Gary Kelley, Esquire. The Mother did not attend due to illness. However, she did participate by telephone. 3. This Conciliation Conference was held in response to the Petition for Civil Contempt for Disobedience of a Custody Order Pursuant to Pa. R .C. P.1915.12. Subsequent to the August 8, 2000, Order of Court, Plaintiff represents that Defendant has failed to make an appointment or make any deposit funds toward the Custody Evaluation agreed to and provided in that Order of Court. The Plaintiff/Petitioner alleged that the Defendant/Respondent willfully failed to abide by the Order by refusing to pay for or participate in the Custody Evaluation. 4, The Conciliator met with counsel. Counsel for the Defendant states that his client simply has not had the money to pay for the Custody Evaluation and without a deposit has not been able to secure an appointment with Dr. Schneider. Counsel for the Defendant indicates that the Defendant is not unwilling to cooperate with the Custody Evaluation. However, he reports that he simply has not had the funds to pay the support Order and continue his payments on other debts such as a $200 per month obligation to Consumer Credit Counseling which has been ongoing since 1998. He represents that this obligation will be ending in about five months. 5. The Custody Conciliator spoke with the parties. An new interim agreement was reached focusing on the goal of completing the Evaluation in a timely fashion. It is noted that ~- . " ( . . No. 00-4567 prior to the Custody Conciliation Conference that the Plaintiff had not made a deposit for her share of the fees associated with the Custody Evaluation. 6. The parties were reminded that they have entered this agreement to participate in a Custody Evaluation, and that there is an Order of Court so directing them. Therefore, it is in fact a legal requirement that they cooperate with and participate in this process. Further non- compliance by either party will result in referral of the matter to Judge Hess for a contempt hearing. / () 4--1-(/thJ Date c r - ~ - ~. - -" . ",'~l' ., .'" . . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4567 JANICE T. SALISBURY, vs. MICHAEL S. SALISBURY, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 5" day of December, 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby directed and ordered as follows: The Interim Order of this Court dated August 8, 2000, shall continue in full force and effect with the following modifications: 1. On or before December 4, 2000, the Plaintiff/Petitioner shall deposit $420 with the office of the Custody Evaluator, Dr. Schneider. On or before December 4, 2000, the Defendant/Respondent shall deposit $80 with the office of the Custody Evaluator. The payments shall be considered as contributions toward each party's percentage of the total cost of this Evaluation as previously agreed upon by the parties and incorporated into the prior Order of Court. The parties will extend their complete cooperation to the Custody Evaluator and will continue to make the appropriate payments as required by the Custody Evaluator, completing the Evaluation no later than 90 days from the date of this Order. BY THE COURT, -/7.d Dis!: Jarad Handleman, Esquire, PO Box 650, Hershey. PA 17033 Gary L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 ~~~ }:;'-.5' -00 RkS '. . -" '" I ,- ,- ',~ . 'I' " .. !.l!lil!1ll11IIL". ~, "'Ilii!i!I~[_.IiIjj ~ 0_, >ib.,~~l<!;l[,i;;li[I~I~~"'~;" ~~ ~~<..... "- """"'" _~"~." .~",h",_,_ ,,__~ ,~^ ~, ,_., ~T - .- ~-'~ j' ,-~~, iIiiII_ () g ~ lfI So: !'pen D rn R =t z;::d tEl,:.!] {2:; I CJ1 .~(.,I" '.'10 ::;:C5 ")(4 :;,. :n. :::;j~ Zo :J: Ci~ ~8 S? <:0 ~ Qrn r:- i 0'\ -< , . JANICE T. SALISBURY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4567 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - CUSTODY RESPONDENT'SIDEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR CIVIL CONTEMPT FOR VIOLATION OF CUSTODY ORDER PURSUANT TO PA.R.C.P.1915.12 AND NOW, comes the RespondentlDefendant, Michael S. Salisbury, by and through his attorney, Gary L. Kelley, and respectfully responds to Plaintiff's Petition as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied as stated. By way of further answer, the matter remains under review and has not been scheduled for further conciliation at this time. RespondentlDefendant was never notified that Plaintiff accepted Dr. Schneider's report. 6. Denied as stated. By way of further answer, the undersigned wrote to opposing counsel and informed her that the Plaintiff had threatened to commit suicide in the presence of the minor children and, as a result, had been involuntarily committed. The undersigned further requested that overnight visitation be suspended until the Plaintiff had been stabilized and requested that opposing counsel contact him as he (the undersigned) did not wish to file a Petition For Emergency Relief and further inflame the situation. Opposing counsel never contacted the undersigned and, instead, filed the instant Petition. The undersigned does not believe that Plaintiff's condition has been stabilized and the minor children do not wish to spend overnights with the Plaintiff at the present time as the result of Plaintiff's conduct. WHEREFORE, the RespondentlDefendant respectfully requests that this Honorable Court deny Plaintiff's request. Respectfully submitted, Date: Ij/~/fII ~tIdfo ill No. 46801 132-134 Walnut Street Harrisburg, PA 17101 Attorney for Defendant JANICE T. SALISBURY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-4900 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - DIVORCE AND NOW, CERTIFICATE OF SERVICE this}!;h day of December, 2001, I hereby certify that the Respondent's/Defendant's Response To Plaintiffs Petition For Civil Contempt For Disobedience Of Custody Order Pursuant To P A.R. C.P. 1915.12 in the above-captioned matter was served upon the following individuals by u.s. Mail, First Class, postage prepaid: Susan M. Kadel, Esq. 134 Sipe Avenue Hummelstown, PA 17036 ~9a~~ ID 01 0- 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney For Respondent/Defendant :',;-""", - .~ > "'" ~ ~, IQIllllII, v'~ ~~~~ ,^~' . "~^. - , '-~~." ,~"'~, ~~' ~". .~ .~ , -"~ - ,-,~,- 0 0 Cl ~ - <- "Tl ......J[-.:'.:: ,~:J -~ I~l ,J_' C''l f f'- :- :Z-:r-. c, ':r~ Zr-' ;-1'1 f~'eS --.! ~, ~. , , ~E~=) -0 --1"[ ~-<.. ~:::: ~.j.1.. 5>t: r;,> ~~:;"(') (~) no $ N :;::1 (:0 5.:1 -< ,kE"t!'<i!~1lR'!'1_'lf.i~1!l~~_~~~lQIIll~-"~ . I~,"~T JANICE T. SALISBURY PLAINTJFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-4567 CIVIL ACTION LAW MICHAEL S. SALISBURY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, December 14, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suiie 105,CampHiU, PA 17011 on Weduesday, January 02,2002 at 12:15 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 TIlE COURT, By: Isl Melissa P. Greevy. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "'- - -~"~ . ~- - ~~ <,. .~ .,^ 'Y_~_I~_' ~>-. ,-"-,,"",,~_,__o ~. "-~". " n I 18 i:'\\;j 'j: ;~3 r'.l 1.',-" ;'-\"-'\; !>Xj'\( vUj\i1i.::" ' J ,_ ,_,,' Uv,jl ~, , ""~i-:;\\;::I("':;Vi\;',~,V:\ rCl \1 -",,-' I ,..1 J II" I~/JP/O/- (lJd.l..(?~cL ~<l'f ~l&cL -Ie f+.I..J-j ~ A>>l-I'c.E.--- m~ l~L -b t:44.-.( a.. K-dl; o..opy m ~,~L -+0 !J.J-.ty ~ / 'i',~~ mIIM~JlI WII!! _ilWJI!I'lI!!lMl!~~_~_,"~ ~_.~"""'''''F'ij~~iFY~'''(~ir''''':'~'-'':<:!<~f~~~'~''"'''~''~'~''-''''=-.,.",.=~=~, . ":"._' ,.<,.,,_,,-,""d"'e"'~'" _"","',- _",,,,"~"~~IIII!f'~'"IT_ JANICE T. SALISBURY Plaintiff : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-4567 MICHAEL S. SALISBURY Defendant : CIVIL ACTION - LAW : IN CUSTODY NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an order of court for custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the court your defenses or objections. Whether or not you file in writing with the court your defenses or objections, you must appear in person in court on day of , 2000, at _.M, in Courtroom , I Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may be found to be in contempt of court and committed to jail, fmed or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor I Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 ~~ ~~ Kadel, Esquire --- Attorney for Plaintiff I "~~ ., _w,_ """~~"'" "_,~^ - JANICE T. SALISBURY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4567 MICHAEL S. SALISBURY Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER PURSUANT TO PA.R.C.P. 1915.12 The Petition of Plaintiff, Janice T. Salisbury, respectfully represents that: 1. Petitioner herein is Janice T. Salisbury, Plaintiff in the above-captioned custody action. 2. Respondent herein is Michael S. Salisbury, Defendant in the above-captioned custody action. 3. On August 8, 2000, this Honorable Court entered an Interim Custody Order directing that the above-captioned parties share physical custody of their two children, Alyson and Wesley, on an alternating weekly basis, pending completion of a custody evaluation. A true and correct copy of the Order is attached hereto, incorporated herein, and marked Exhibit "A". 4. The parties engaged Dr. Stanley E. Schneider to complete the custodial evaluation. On or about July 5, 2001, Dr. Schneider issued his report wherein he recommended that the interim Order become a final Order. 5. The parties accepted Dr. Schneider's report and, accordingly, the Order of August 8, 2000, currently remains in effect. 6. On or about November 26,2001, counsel for Respondent, Michael Salisbury, notified counsel for Petitioner that he had directed his client to retain custody of the children due to an incident that occurred between Petitioner and the children. ;"r,""'>,",__', ^ <" M". ~ ..._",. '" ~ - .. 7. Petitioner was hospitalized on November 25, 2001 through November 26, 2001 at York Hospital upon Petition for Involuntary Commitment by her estranged sister, Kristen Thomas. It is believed, and therefore averred, that her sister's actions were an attempt to improperly interfere with the custodial arrangement. Petitioner does not suffer from any psychiatric illness. 8. Since November 26, 2001, Petitioner has been ready, willing and able to assume custody on an alternating weekly basis as set forth in the August 8, 2000 Order. Respondent refuses to permit Petitioner to see or visit with the children and is in willful violation of the existing Custody Order. WHEREFORE, it is respectfully requested that Respondent Michael S. Salisbury be held in contempt of court for failing to comply with the Court's August 8, 2000, Order. Further, Petitioner requests that Respondent be directed to immediately comply with the Order as stated. Respectfully submitted, ~~ Susan M. Kadel, Esquire' 0 Counsel for Petitioner, Janice T. Salisbury James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PAI.D. No. 44837 _'e_"'''''' ~~~- v~ ~,~~~ ,~, _.v I ''''...,,~..... ~~ . ~,v-'-.........,~,....,.. 't:::) vu.. ~ AUG 7 200~ , . . ~ . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4567 JANICE T. SALISBURY, Plaintiff MICHAEL S. SALISBURY, Defendant CIVIL ACTION - LAW CUSTODY INTERIM O~DER OF COURT AND NOW, this ,,' day of A.-.t....v , 2000, upon consideration of the attached Custody Conciliation Summary Report, the following Interim Order is entered: 1. The parties'shall submit themselves and their minor children to a Custody Evaluation to be periormed by Stanley Schneider, Ed.D.., or other professionals selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which would be in the best interest of the children. The parties shall sign all authorizations deemed necessary by the evaluator to obtain additional information concerning the parties or the children, The Father shall be responsible to pay 72% of the cost of the evaluation; the Mother shall be responsible to pay 28% of the cost of the evaluation. 2. The parties shall have shared legal custody of the minor children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non. emergency decisions affecting the children's well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3, Pending the completion of the Custody Evaluation and further Order of this Court or an agreement of the parties, the parents shall have shared physical custody of the minor children, Alyson M. Salisbury, born October 11, 1984, and Wesley A Salisbury, born June 27, 1986. The custodial schedule shall be week on, week off. Mother's week shall commence from after work on Friday, August 4, 2000, and shall end after work on Friday, August 11, 2000, 4. Neither party will interfere with the other party's period of custody. 5, Each party shall ensure that the other party has his or her current address and telephone number at all times. 6. Neither party shall do or say anything which may estrange the children from the --. "." ~~ . '.',- . - ~- - ~"' - - - ~, I CU,'1ti CU YJ<U'l'!lU"iU'l'AJ<Y I4J 003 lV/Z4./UV TlIt<; lV. va J~'AA fif Z4U tlDfJ y other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with provision during his or her periods of custody. The parties shall discuss neither the custody evaluation nor the custody litigation with the children 7. Following the completion of the Custody Evaluation, if the parties have not resoived this matter, the parties may, upon proper petition, request to return to conciliation or request hearing be scheduled before the Court. BY THE COURT, Dist: Susan M. Kedei, Esquire, PO Box 650, Hershey, PA 1703 counsel for the plaintiff Gary Kelley, Esquire. 132-134 Walnut Street, Harrisburg A 17101, counsel for the defendant J. Y- .ft t~.q .()O 1\ f.i.~ -'--. 'n_ _ "'''~ ._-,.".'", . . ---, I \.il'!\ltl LV Y.t<U.1J1U~'U'!~A!<.Y \Z:004 lV/';;;':l:/VV l"Ut, lV;VD .!'}iA ILl L,4:.U 00(.5 AUG 7 20~ - . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4567 CIVIL ACTION - LAW CUSTODY JANICE T. SALISBURY, Plaintjff MICHAEL S. SALISBURY, Defendant i 1 1~ Ii " fi , , ! , Ii , J, CUSTODY CONCILIATION SUMMARY R..EPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I p I fI , , ~ !i !! !i "' I I, j' " ~ 1 t t I 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAM.E DATE OF BIRTH CURRENTLY IN CUSTODY OF Alyson M. Salisbury Wesley A. Salisbury October 11, 1984 June 27, 1986 Father Father 2. A Conciliation Conference was held on July 26, 2000, with the following individuals in attendance: The plaintiff, Janice T. Salisbury, and her counsel, Susan M. Kadel, Esquire; the defendant, Michael S. Salisbury, and his counsel, Gary Kelley, Esquire. 3. The parties were not able to reach an agreement at the Custody Conciliation Conference. Therefore, the Conciliator recommends an interim order in the form as attached allowing parties to return to conciliation prior to a hearing if they are not able to reach an agreement following the Custody Evaluation. 4. Issues upon which the parties agreed: There will be a Custody Evaluation to be performed by Dr. Stanley Schneider. It is recommended by. the Conciliator that the expenses of this evaluation be born pro rata by the parties in accordance with the net incomes as determined previously by the Domestic Relations Office: Father shall bear 72% of the cost of the Custody Evaluation, and mother shall bear 28% of the cost of the Evaluation. 5. The Mother's position on custody: Mother reports that she had primary physical custody from the time of their most recent separation in June of 1999 until the weekend of May 28,2000, when the children did not return from a visit with their Father. She feels that she should have primary physical custody with the Father having alternating weekends from Friday to Sunday and one evening during the week. She claims that the amount of time that she has seen the children since the Memorial Day weekend, 2000, has totaled six nights. She Of_~ ~~_ _". ..r--, I vllmn ~r:,~~Y.lt\.KI lf0 I) Vi) .LVI 4"tf VV J.U.:..J -lV.VV J'rlA '-'-I """'l:V V<.JIV ; alleges the father has moved the children around to various homes with members of the church which he and the children are attending and is doing this in an attempt to make them unavaiiable to spend time with her. She is also concerned that their almost daily church involvement is interfering with her ability to spend time with them as well. She states that she has left multiple messages for them which were not returned and has had occasions where the parties have agreed that she could have partial custody but that Father has agreed to return the children as agreed, I I l I I 6. Father's position on custody: Father claims that Mother dropped the children off with him for their visit with him on Memorial Day weekend accompanied by their clothing and personal items in such a way that he came to believe that she no longer wanted to have primary custody of them. He feels that he should have primary physical custody or at least 51 % physical custody of at least one child. His explanation for wanting these arrangements seemed to reflect his concerns about financial impact of the custody arrangement. Father also claims that the children do not want to be with the Mother and seems content to allow the children to dictate and control the situation rather than to exercise his guiding role as their Father. 7. same, Need for separate counsel to represent the children: Neither party requested 8. Need for independent psychological evaluation or counseling: This was addressed at the Conference with the parties. It appears that a Custody Evaiuation is necessary and the parties did agree to use Stanley Schneider, Ed. D. as the Evaluator. Due to the acknowledged tensions and strain in the relationship between mother and the children, the parties agreed that Mother and the children could undergo counseling in an attempt to repair the strains and/or alienation in these relationships. I I , , I 9. Other comments: Conciliator is concerned that there may be alienation occurring between the Mother and the children and therefore is recommending an Interim Order granting shared custody, week on week off. fhh.n p'1J Date U!;M-iG--. Melissa Peel Greevy, Esquire Custody Conciliator , 'I,' ~_ .__r. ",,"""T.__ ,..,- ~" " , ! " I' j Ii I i i ~ I' II ~ R II I i I i h i j) II' l f!,' ~ I i i I 1 I I !, i ~ 'I II., ,'.' JANICE T. SALISBURY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-4567 MICHAEL S. SALISBURY Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy the Petition for Civil Contempt on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Gary 1. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 JAMES, SMITH, DURKIN & CONNELLY DATE: ~ ~3""1 By ~-~ . Slis. aaeJ, bsqwre ' _______ Attorney for Plaintiff Post Office Box 650 Hershey,PA 17033 (717) 533-3280 P A I.D. No. 44837 - ~ ,~,^ >,.. -. "-. ~- ~~ Lv ~~ ~ .~ ~C;; ~ -- ''''''"--'''1'' "' <~_',","""'''''''"'7_''_~_';"_~'"'' .~-~~" ."~ 0 0 (",:1 ~T-I >;:;: t:=) ::.:" ~ ""'1:::: L_;". '71 1 ~.g I~) ~:l_ ~'J ; I \:~-'\ , ~~l;___ .):- , -h~ ~ ~~: "-n . -d ~,-'" "" -;{ (~ ":..,,. ;~!l " C~ f:--') '~;~ ~ >, ~~:.~ ~,..,.. :-:S ;:- ~iJ " -< ...J -~ ~ <-~~...- !llJiJIIIIIIII<W~", 1 - , JANICE T. SALISBURY PLAINTJFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-4567 CIVIL ACTION LAW MICHAEL S. SALISBURY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, December 21, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenne, Suite 105, Camp Hill, PA 17011 on Wednesday, January 02, 2002 at 12:15 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. AU children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. Of'- 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 TIllS 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 '''-'1 '"" ~~ ~~li~1lliI.1l1i~~I~~ci1!l~t';~}.>l:!.~"'B~'~"'''''''<li&;&';,"~""",'''i&W.,~~~..\,,,~;Mli,.~IIJM\il.~~~~...~,jj;iIi\IOI~--~"'."""'~ F\LED-Ot:FtCE , 0,- '-1"" "",..,,-'u,'hIOTIIR { Jf" I, " ':~ ,n ,- ,-.j : :,_,1 ~ ' 0\ DEC2\ PI" 3:04 CU''"''''!:'''',' Ll,!'~' CO' UNl'Y Iv10d1v-, .U PENNS,(LVAN\I~ 1'J../d-tIOI .. C~ Copy ~lGd-lo fU"t l4.L&:.y A..)o}I'C.€- m;:,'[ Lu( '-10 A-N'i /6ldr:..L lloft m'&I(B::C '-/:J IHIy &rt-o; ~.'~' ,-_~.:.-:J._<.f"'" "' " , "~~,,~,"_~_/'n. n_-"~ " . . - ,.,.'1 ~"""- "'_f , ',,, ~.~ . . , .... =!~-~";''-'''''"''''l' ~'ilJUld: " . JANICE T. SALISBURY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4567 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ,Esquire, theConciliator,at Pennsylvania, on the day of .2001, 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 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 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 ',,~ ~~ " , , - ,.^ "om JANICE T. SALISBURY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4567 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - CUSTODY DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND NOW, comes the Defendant, Michael S. Salisbury, by and through his attorney, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: " )1 1) jl :i " " ~ Ii II !I I. Petitioner is Michael S. Salisbury, Defendant in the instant matter. 2. Respondent is Janice T. Salisbury, Plaintiff in the instant matter. 3. Pursuant to an Order dated August 8, 2000, this Honorable Court directed that the parties share legal and physical custody of the minor children, with the parties to alternate physical custody on a weekly basis. 4. The parties have been following that Order. 5. During the weekend of November 24, 2001, the Plaintiff was involuntarily committed to a psychiatric unit as the result of a suicide threat. 6. The Plaintiff threatened to commit suicide in the presence of the parties' minor children, ages 17 years and 15 years. 7. The Plaintiff was hostile, made several derogatory comments to and about the 1i ~ i minor children, and acted out toward them. ii I! 'I 8. This was the second time within a thirty (30) day period in which the Plaintiff threatened to commit suicide in the presence of the children. " ;i i~ 9, During this same thirty (30) day period, the Plaintiff was continuously !J B H "'/'1 ~ --, , confrontational with and antagonistic toward the children and frequently had temper tantrums. 10. As a result of the Plaintiff's continuing inappropriate behavior against them, the minor children do not wish to spend overnights with the Plaintiff. 11. The Plaintiff's actions are having a detrimental psychological effect upon the minor children. 12. It is in the best interests of the mmor children that overnight visitations be suspended pending further Order of Court. WHEREFORE, the Defendant, Michael S. Salisbury, respectfully requests that this Honorable Court issue an Order vacating its Order dated August 8, 2000 and suspend overnight visits between the minor children and the plaintiff pending further Order of Court. Respectfully submitted, Date: laf~;'( I G~f] f/,t~ ID 46 01 132.134 Walnut Street Harrisburg, PA 17101 Attorney for Defendant '-'?!,!.,.-~ ,", - eo, '" "' JANICE T. SALISBURY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-4900 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE AND NOW, this~h day of December, 2001, I hereby certify that the Defendant's Petition For Emergency Relief in the above-captioned matter was served upon the following individuals by u.s. Mail, First Class, postage prepaid: Susan M. Kadel, Esq. 134 Sipe Avenue Hummelstown, PA 17036 '''.i..,.......,~_ . VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of] 8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: p,,;" /11 " " JtJ []~.. fJ1/rW S. v..;,~ ..1_,. 'i J ~I ~I I i ,I I :: " 'I " " I 1 l I I I I i "I I I :1 .,., " . I , . ." "' " ___~, _T , I.~ . I ~. ~ ~ .~~.~ .~ . ,. 0 0 () ~ ~ c -ofF -n ~. :::J 1t- rl'1r::;::' r-'q <;J: ~?t~; " ?'J I ",-') rT'~ C> Co> -.j .~~,~~ -<:'.. - Cl j?g --- ...........- ~ 'j -.' ~.:<:' :-..t:: " -,i ~ ~: i~:~~ ~ i;,,? Z ::r; 9v -~ '" j-) ~ -< '0 ::0 -< . "lD!iql~",~ _ ,1'~,~~~I'j!~~l.'1R~~fl!Ifi ".,.. ~.... ,~ .,'~ ~-, _ " lI' . fe,,"-, "f ~~C^ ,}..." <:J,"I-"~'rJ J.1 d {v'..",..' t-' . . " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANICE T. SALISBURY, vs. NO. 00-4567 MICHAEL S. SALISBURY, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this z s .. day of January, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Pending further Order of Court or an agreement of the parties, this Court's Order of August 8, 2000, shall remain in full force and effect. 2. Mother's Petition for Contempt shall be held in abeyance pending therapeutic work being done at Riegler, Shienvold and Associates, by Dr. Howard, with the Children and the Mother. Father may participate in this work as indicated by the Children's therapist. 3. The goal of the work with Dr. Howard shall be to address the tensions between the Children and the Mother and to, on a phased-ill basis, gradually return to the shared physical custody schedule specified in the August 8, 2000, Order. It is anticipated by the parties and the therapist that this phase-in period should be completed in approximately one month. 4. In the event that counsel need to be in contact with Dr. Howard, such contact shall be in the context of a conference call to include counsel for both parties. 5. Either party may request an additional Custody Conciliation Conference within sixty days of the date of this Order. At the expiration of the sixty-day period counsel shall confirm, in writing to the Conciliator, whether further action is required and if not, the parties shall at that time withdraw their respective Petitions. BY THE COURT, Dis!: 4 M. Kadel, Esquire, PO Box 650, Hershey, PA 17033 ~ry L. Kelley. Esquire, 132-134 Walnut Streel, Harrisburg. PA 17101 . ~ L1:5~~ IIi .Q./.L ........~~.......~......... .n..............~ Prothonotary " :I="l, ~ . ,~ ~ ~ 'I . I _~ ,~1llBiIId 1.11 1~~H1~I!!it.ml!lfiM!l_~ru,~&w.lIti>~iilil'JM~~,;,J;'ili8ill!!~;;,!IIo~~~~~~- ~~~.IIll\>"""-- "1 .",.,,--- ~~" ." ",;. ,- -"~-,- nL.ED-OFFIGE . r',C ~!iT i~'::cr: nNOTl>JiY 1....., ' 02 Jt\!J 25 Prl 3: LEi CUMBEF\lAl~D COUNTY PENNSYLVANiA ,J~ ~~-- ,~ :.."~. '~r-~'1iI~1iiiIM -.,~~~ '" . .. ' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-4567 JANICE T. SALISBURY, vs. MICHAEL S. SALISBURY, Defendant CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Allison M. Salisbury Wesley A. Salisbury October 11, 1984 June 27, 1986 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on January 2, 2002, with the following individuals in attendance: the Mother, Janice 1. Salisbury, and her counsel, Susan M. Kadel, Esquire; the Father, Michael S. Salisbury, and his counsel, Gary L. Kelley, Esquire. Pending at the Conference were Mother's December 4, 2001, Petition for Contempt and Father's ' December 7,2001, Petition for Emergency Relief, which had been referred to the Conciliator by Judge Hess. 3. The parties reached an agreement in the form of an Order as attached. It is noted that the best opportunity for success of the therapeutic work shall be if the parents and children are able work with the therapist without the interference of outside extended family members. "', ,",,!\' ~ , """ ~ r, ~~ - ,-- -". -