HomeMy WebLinkAbout00-06802
CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00-6802 CIVIL TERM
. IN CUSTODY
IN RE: AGREEMENT OF THE PARTIES
ORDER OF COURT
AND NOW, this 11th day of January, 2001, by
agreement of the parties, it is hereby ordered and directed
as follows:
1. Father shall submit to a drug test at
the Health South Clinic before 9:00 a.m. tomorrow. He
shall front the costs for this drug test. If the results
come back negative, mother shall reimburse him for those
costs within 48 hours.
2. Father shall, at the request of mother,
submit to further random drug testings between now and
April 11, 2001. Father must submit to said drug screening
within 24 hours of the request by mother. Mother shall be
responsible for fronting the costs of the requested drug
tests. If the test is positive, father shall reimburse
mother for the costs thereof. If the test is negative,
the responsibility for the costs shall stay upon mother.
In the event that there is a positive test
for a drug that stays in the bloodstream for a period of,
-a
time, father shall be responsible for paying the costs of
any future tests where the content of the drug is elevated
from the time of the previous test. Mother shall be
responsible for paying for any of those tests where the
content in the blood is less than the previous test.
3. Mother may make said requests for drug
screenings within 24 hours before or after the scheduled
visitation times. Said request shall be in writing, and
delivered to the home of the father. If the father is not
there, sliding them under the door or taping them to the
door shall be sufficient. If for any reason the father
will not be at his home for a 24 hour period, it is
incumbent upon him to notify mother of this fact in
advance.
4. Father shall sign the necessary
authorizations with Health South to have the results of
these tests provided to Marcus McKnight, Esquire, and the
Family Law Clinic.
By the Court,
?C
Edward E. Guido, J.
Julie Miller, Certified Legal Intern
Family Law Clinic Marcus McKnight, Esquire
For the Plaintiff For the Defendant
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ia.; r, r.... n,. e ? r, ' ?
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CHRISTOPHER M. SILBAUGH,
Plaintiff,
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 00-6802 CIVIL
CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322
I hereby consent to the appearance of Julie B. Miller, a Certified Legal Intern under the
supervision of an attorney, in the above-entitled custody proceeding before the Honorable
Edward Guido, at 3:30 p.m. on February 9, 2001.
Date: Ci-,;? d 9 d /
Chifitopher M. Silbau
As the supervising attorney for Julie B. Miller, certified under Pa.B.A.R. 322, I approve
of her appearance on behalf of the above-named client in the above-named proceeding.
Date:
T S M. PLACENJ
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
04 V
Supreme Court of Pennsylvania
Shelley A. Carrara. Esq. Wes[em District
Deputy Prothonotuq September 15, 2000
Patricia A. Honard
Chief Clerk
Robert E. Rains, Esq.
Family Law Clinic, The Dickinson School of Law
45 N. Pitt Street
Carlisle, PA 17013
RE: Miller, Julie B.
No.998 INT 2000
Dear Attorney Rains:
801 Ciry-County 1BuMing
Pittsburgh, PA 15219
412.465.2816
wwa.rwpc.org
The above-named law student has been approved and certified under Pa. B.A.R. 321 and
322 by:
Dickinson School of Law
Feldman, Harvey
Associate Dean
as a duly enrolled law student who has completed at least three (3) semesters of legal studies,
or the equivalent thereof, as being of good character and competent legal ability, and as being
adequately trained to perform as a legal intern as of September 15, 2000.
Pursuant to such certification and in accordance with and subject to the provisions of Psi.
B.A.R. 321 and 322, the above-named student has been certified as a legal intern and you
have been approved to perform the duties of supervising attorney.
WITNESS my signature and the seal of this;
Court,
September 15, 2000
Very truly yours,
Shelley Carrara
Deputy Prothonotary
/dal
CHRISTOPHER M. SILBAUGH,
Plaintiff
vs.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this a74 day of 13 Of4"A044 2000, upon
consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and
directed as follows:
1. A hearing is scheduled in Courtroom NumbeJ of the Cumberland County
Courthouse on the day of L,Aju L&cy? ' , 200$, at 8 ; 30 o'clock, Aod
.m. at which time testimony will be taken. For the purposes of the hearing, the Mother,
Crystal M. Walker, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties, or the parties pro se, shall file with the Court and opposing
counsel/party a memorandum setting forth each party's position on the issue of drug and
alcohol testing, a list of witnesses who are expected to testify at the hearing, and a summary
of the anticipated testimony of each witness. These memoranda shall be filed at least ten
days prior to the hearing date. The hearing shall be limited solely to the issue of whether drug
and/or alcohol testing shall be done and if so, who shall bear the responsibility of paying for
same. Counsel for the parties shall be prepared with information for the Court indicating the
cost of these services. Pending further Order of Court or agreement of the parties, the
custody of the minor Child shall be as follows:
2. Legal Custody: The Father, Christopher M. Silbaugh, and the Mother, Crystal M.
Walker, shall have shared legal custody of the minor Child, Joseph Kyle Silbaugh, born
September 13, 1994. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the Child's general well-
being including, but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of this paragraph, each parent shall be entitled to all records and
information pertaining to the child 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. Physical Custody: Mother shall have primary physical custody of the Child. Father
shall have partial physical custody of the Child according to the following schedule:
No. 00-6802
A. Father shall have partial physical custody of the Child every other
weekend, beginning Friday at 6:00 p.m. until Sunday at 7:00 p.m. If
Father is not able to arrive to pick up the Child at 6:00 p.m. due to his
work, he shall contact Mother and inform her of this fact. Mother shall
allow Father to use whatever custodial time shall remain. This paragraph
shall be effective November 17. 2000.
B. Father shall have physical custody of the Child on each Tuesday from
6:00 p.m. until 8:00 p.m.
C. Father shall have physical custody of the Child on the Tuesday and
Thursday each week immediately following his custodial weekend from
6:00 p.m. until 8:00 p.m. effective December 7, 2000.
D. Father shall have an additional one week of custody during the summer.
Father shall give Mother a 21-day notice of his custodial period.
4. Holidays:
A. Christmas: Christmas shall be divided into two segments. Segment A
shall be from 7:00 p.m. on December 23rd until 8:00 p.m. December 24th.
Segment B shall be from 8:00 p.m. Christmas Eve through 8:00 p.m.
Christmas Day. In 2000 and subsequent even-numbered years, Father
shall have Segment A and Mother shall Segment B. In 2001 and
subsequent odd-numbered years, Mother shall have Segment A and
Father shall have Segment B. In the event that Christmas shall fall on a
Saturday which coincides with Father's custodial weekend, Mother shall
return the Child to Father at 8:00 p.m. Christmas Day.
B. Thanksgiving. Easter and Independence Day: Father shall have custody
of the Child from 3:00 p.m. until 8:00 p.m. for these holidays. Mother shall
have custody of the Child for the remainder of these holidays. If the
holiday falls on the day that Father has custody of the Child, Father shall
give Mother custody of the Child from 9:00 a.m. until 3:00 p.m.
C. Child's Birthday: Mother and Father shall have equal opportunity to spend
time with the Child on his birthday.
D. Memorial Day/Labor Day: Mother shall have custody of the Child on
Memorial Day; Father shall have custody of the Child on Labor Day.
Father shall have custody of the Child on Labor Day from 9:00 a.m. until
8:00 p.m.
A
-..
No. 00-6802
E. Special Days: The Child shall attend the Father's upcoming wedding and
reception. The parties shall agree on the method of transportation to and
from these events.
F. Mother's Day/Father's-Day: Mother shall have custody of the Child on
Mother's Day; Father shall have custody of the Child on Father's Day.
5. Telephone Contact: Mother and Father shall be allowed reasonable telephone
contact in order to communicate with the Child.
6. The parties shall arrange for the Child to attend counseling and cooperate with the
recommendations of the counselor. The counselor shall be assisting the parents and the
Child in dealing with the various tensions and strains that exist between the parties to this
custody action. The Mother and Father shall mutually agree upon the counselor and shall
share in the unreimbursed expenses evenly.
7. Neither party shall do anything which may estrange the Child from the other party, or
injure the opinion of the Child as to the other parent, or which may hamper the free and
natural development of the Child's love and respect for the other parent.
8. This Order may be modified by the mutual agreement of the parties, specifically
allowing Father additional periods of partial custody at the time that the parties shall mutually
agree. In the absence of such mutual consent, the terms of this Order shall control.
BY THE C T,
J.
Distribution: Teri L. Henning, Esquire 45 North Pitt Street, Carlisle, PA 17013
Marcus A. McKnight, III, Esquire 60 W. Pomfret Street Carlisle, PA 17013
Z? ?fq J-1
11-29 -00
R?s
CHRISTOPHER M. SILBAUGH,
Plaintiff
vs.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
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 Child who is the subject of this litigation is
as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF:
Joseph Kyle Silbaugh September 13, 1994 Mother
2. A Conciliation Conference was held on November 15, 2000, with the following
individuals in attendance: the Father, Christopher M. Silbaugh, and his counsel, Terri L.
Hennings, Esquire, and Julie Miller C.L.I.; the Mother, Crystal M. Walker, and her counsel,
Marcus A. McKnight, III, Esquire.
3. The parties were able to reach an agreement with regard to a custody plan with the
exception of one issue which shall be the basis for a hearing before the Court. It is
recommended by the Conciliator that this custody hearing be limited solely to the issue of
whether Father shall be required to undergo periodic drug and alcohol testing, and if so a
determination of who shall be responsible for the payment of the associated fees.
4. Mother's position on the drug and alcohol testing is as follows: Mother contends
that Father has a history of both drugs and alcohol, which has resulted in one D.U.I., failed
relationships and job loss. Mother further reports that Father recently told her that he was
going into "rehab." She did not make any allegations that there has been any direct risk or
harm to the Child by his purported drug or alcohol use during any period of custody. Mother
has offered to undergo drug and alcohol testing herself and to share the cost of the drug and
alcohol testing equally. Mother suggests that the testing be done on an alternating week basis.
5. Father's position on the drug and alcohol testing is as follows: Father admits that
he has in the past had a D.U.I. which resulted in the loss of his driver's license for a period of
approximately three years. Father also reports that he has successfully completed drug and
alcohol counseling. He denies that he has told Mother that he is going into "rehab" and further
denies that drugs and/or alcohol are a problem in his life. Father admits to some
a... .. _.... ... u?J _.. _.I...
No. 00-6802
alcohol consumption and denies any drug use whatsoever. Father has agreed to undergo
drug and alcohol testing but only if Mother will agree to pay for it. At the Conciliator's
suggestion, Father also agreed that he would be willing to undergo a drug and alcohol
assessment. However, counsel for the Mother too the position that this would be insufficient
to address Mother's concerns because so much of the assessment is dependent upon the
self-report of the person being assessed.
Father reports that there have been markedly increased difficulties in his relationship
with Mother subsequent to his engagement. There are presently harassment charges pending
against the Mother, pressed by the Father's fiance. Because there have been arguments
between the Mother and Father's fiance in the presence of the child, this necessarily impacts,
the child negatively.
6. The parties were not able to reach an agreement on the issue of whether either or
Father should be tested for drugs and alcohol or whether either or both should be responsible
for payment of the test, should the Court so order. However, on a more positive note, the
parties did work together to resolve all other issues related to custody. That agreement is
reflected in the form of an Order as attached.
Date
Melissa Peel Greevy, Esquire
Custody Conciliator
CRYSTAL M. WALKER, : IN THE COURT OF COMMON PLEAS OF
PETITIONER/DEFENDANT : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN CUSTODY
CHISTOPHER M. SILBAUGH, NO. 2000-6802 CIVIL TERM
RESPONDENT/PLAINTIFF
ORDER OF COURT
AND NOW, this i4? day of January 2001, upon consideration of the attached Petition
for Special Relief,
IT IS HEREBY ORDERED that a hearing regarding this Petition for Special Relief is
hereby scheduled for11-1G'. r 2001, at 'clock /.m. in Courtroom Number 5,
Cumberland County Courthouse, Carlisle, Pennsylvania 17013 at which time the parties along
with their legal counsel shall appear in person. Pending said hearing, the periods of temporary
meq ht d:aiO by /' o*ek iF SAt suseet-+s
custody by Christopher M. Silbaugh a?snspetlu
4..t Fk4ket Nag been a s:aS dRw's.
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6e0\' \0? ' C 0%
A151\
0', JAN 19 pi lot 50
CUP putt SYLVANIA
CRYSTAL M. WALKER, : IN THE COURT OF COMMON PLEAS OF
PETITIONER/DEFENDANT : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN CUSTODY
CHISTOPHER M. SILBAUGH, NO. 2000-6802 CIVIL TERM
RESPONDENT/PLAINTIFF
PETITION FOR SPECIAL RELIEF
AND NOW, this 17th day of January 2001, comes the Petitioner/Defendant, Crystal M.
Walker, by her attorneys, Irwin, McKnight & Hughes, and makes the following Petition for
Special Relief against the Respondent/Plaintiff, Christopher M. Silbaugh:
1.
The petitioner/defendant is Crystal M. Walker, an adult individual who resides at 219
Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The respondent/plaintiff is Christoper M. Silbaugh, an adult individual who resides at 63
"F" Street, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The parties are the natural parents of Joseph Kyle Silbaugh, age six (6) years, born
September 13, 1994.
2
4.
A hearing was held on January 11, 2001, before the Honorable Edward E. Guido. At that
time, drug testing of Christopher M. Silbaugh was ordered by Judge Guido, a copy of said Order
of Court is attached hereto and made a part of this Petition and marked as Exhibit "A".
5.
The Order of Court required an immediate drug test of Mr. Silbaugh. A drug screen was
performed by HealthSouth Medical Clinic. Mr. Silbaugh tested positive for cocaine metabolites.
A copy of the drug screen results are attached hereto and marked as Exhibit "B".
6.
Mr. Silbaugh continues to deny drug use or a drug problem to the petitioner. The
petitioner/defendant, Crystal M. Walker, seeks an immediate modification of the existing custody
schedule to provide for limited supervised visits of the child by Mr. Silbaugh. A copy of the
previous Order of Court dated November 27, 2000, is attached and marked as Exhibit "C".
7.
The petitioner/defendant also requests that Mr. Silbaugh undergo drug rehabilitation for
cocaine use.
8.
Mr. Silbaugh, through his counsel, had indicated that he had not used illegal substances
for a number of months. In light of this serious drug use of cocaine which is seriously addictive,
the petitioner/defendant seeks payment of her reasonable legal fees related to this petition.
WHEREFORE, the petitioner/defendant, Crystal M. Walker, respectfully request that
this Honorable Court grant an immediate modification of the existing Order of Court dated
November 27, 2000, with other relief as the Court will require and payment of the reasonable
legal fees.
Respectfully submitted,
IRWIN,A4cKNIGHT & HUGHES
By:
MargUs A. Mc III, E e
Attorney M re loner
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 25476
Date: January 17, 2001
4
EXHIBIT A
a
CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00-6802 CIVIL TERM
CRYSTAL M. WALKER,
Defendant IN CUSTODY
IN RE: AGREEMENT OF THE PARTIES
ORDER OF COURT
AND NOW, this 11th day of January, 2001, by
agreement of the parties, it is hereby ordered and directed
as follows:
1. Father shall submit to a drug test at
the Health South Clinic before 9:00 a.m. tomorrow. He
shall front the costs for this drug test. If the results
come back negative, mother shall reimburse him for those
costs within 48 hours.
2. Father shall, at the request of mother,
submit to further random drug testings between now and
April 11, 2001. Father must submit to said drug screening
within 24 hours of the request by mother. Mother shall be
responsible for fronting the costs of the requested drug
tests. If the test is positive, father shall reimburse
mother for the costs thereof. If the test is negative,
the responsibility for the costs shall stay upon mother.
In the event that there is a positive test
for a drug that stays in the bloodstream for a period of
time, father shall be responsible for paying the costs of
any future tests where the content of the drug is elevated
from the time of the previous test. Mother shall be
responsible for paying for any of those tests where the
content in the blood is less than the previous test.
3. Mother may make said requests for drug
screenings within 24 hours before or after the scheduled
visitation times. Said request shall be in writing, and
delivered to the home of the father. If the father is not
there, sliding them under the door or taping them to the
door shall be sufficient. If for any reason the father
will not be at his home for a 24 hour period, it is
incumbent upon him to notify mother of this fact in
advance.
4. Father shall sign the necessary
authorizations with Health south to have the results of
these tests provided to Marcus McKnight, Esquire, and the
Family Law Clinic.
TRUE 00TY FROM Url'?Ro
In Testimony wh--reci, i h.re unto s: t u.i hand
and the seal of sal Court at Carlisle, Pa.'
Thi .....??..... aY ...JAIL., ?.
..,.
Pr thonotary
By the Court,
Edward E. Guido, J.
Ju e Miller, Certified Legal Intern
amily Law Clinic Marcus McKnight, Esquire
For the Plaintiff For the Defendant
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EXHIBIT B
` JAN-15-01 MON11:57 AM, HEALTHSOUTH FAX NO. 7172459230
IMM,TIISOUTI-I Medical Clinics
P. 01
Cnrl{sle Mechanicsburg
1124 Harrlsburg Pike 6270 Carlisle Pike
Carlisle, PA 17013 ,yfecl.wicsburg, PA 17055
Ph.: (717)2,15-2411 Ph: (717) 697.5555
Faa: (717) 245-9230 Far: (717) 697-5204
Hours: Y-F, 6:00 AM-6:00 PM Hears: Tf-F, 9:00 Ab1-6:N P}t
Set, Closed S.L. S:oo AM- 4:00 P?t
Sun., 9:00 AM- 2:00 P.M Sun, Closed
OCCUPATIONAL MEDICINE AND URGENT CARE.
-Medical Treatment-Work Related lejsaies .General Health Fxsms
-DOT Physicals -PreS=cy Tests
-EmPloyetwc Physicals -Blood Prsu sure Checks
-Shag and Alcohol Testing -On-Sire X-Rays
-Visual Acuity Testing -Pulmonary Function Testing
-Audiology -Immvmizatiocs
FAY COVER SBEET
DATE:
?,,
TO: _T5- 5A L'`,S
COMPANY;
PAX XLAMER: ?tC9 03 T-Y _
FROM.. /r-tcuA44 A- 5- r c. G, M.7
PRONE:
RE: V's-e?ea flit ue. <,s.-- C?!<ter re141eti SY .ffd•-v tr
Total Number of Pages; (Including Cover Sbeet)
COMMENTS: --
JAN-15-01 MON 11157 AM HEALTHSOUTH FAX NO. 7172450230 P. 02
? HFALamou7n.
Medical Clinic ,
6230 Carlisle Pike
Mechanicsburg, PA 17055
(717) 6915555 fax (717) 697.8204
Controlled Substance Results
Donor's Name: C..`If/S/r Li/Lc to S7. /6d _
Social Security Number.: a( S51S
?. s .
Company's Name:
Collection Date:
collLction Site:
Requisition
Laboratory:
Test Results: Positive C6 6-,? inep,?t,,a
Negative.,
Cancelled
Test Not Performed
Adulterated Spccimcri =7/ _
14
IvfediealR6, ew Officer's Si
/-a Date
Reason For Test.-
- Pre-Employment
Random
Post-Accident
Other (Describe)
-Retum-to-Duty
_, Follow-lip
Reasonable Suspicion
Retain in Driver's Qualification File
This result is being reported is aocazdance with Suepa,-t382,407 and Pace 40 of the United States Suparenent of
Transportation Federal Highway Administration.
JAN-15-01 NON 11:58 AM HEALTHSOUTH FAX NO. 7172458230 P. 03
VMI Io uI and uIit nn ntnunaWln hHX HU. !172459230 P. O1
?a4{rltrv?u uttuUrftBrING;CUSTODYANDCONTROL FORM .n'QG'
IIIIIiIII++IIIiI?11'P1In(II?I?IIII?II?I?7I?I7:'7(p? ; •
1 .. . AQ' v-'6 LrtleN 10N0.- L'7Gr7(O[l• i .?.:' ..
!_ !: b^Y£P tmm?n'ver wi9.:'?.ld...: 1].1_. _c•: •.'...[...'. ...?'•r.. uY6WTORV?1C?pPION NO. .. .
1114 XURISM9 PIKE
i ??? .?i? ?.?. ';fir,. :?i'• ?'?°'%(''
JAN-15-01 MON 11:59 AM HEALTHSOUTH
10037303 AREA/ROUTE/STOP: HBMDXXX
HEALTHSOUTH OCC MED CTR
1124 HARRISBURG PIKE
CARLISLE, PR 17013 `
FAX NO. 7172459230 P. 04
SmithKline Beecham
bXRO Clinical Laboratories
(now part of Quest Diagnostics)
1 20856851:; 1SILRA1JGH,CHRISTOPHER I-- 'I - I....-
:45PM
REASON FOR TEST: RANDOM
DONOR ID VERIFIED: PHOTO I.D.
REPORT FOR*. HEALTHSUUTH OCC MED CTR - 10037303
1134 HARRISBURG PIKE
CARLISLE, pq 17013
*** POSITIVE/ABNORMAL REPORT *++
Tests Ordered: G405N (SAP 5-50 GC/MS) -
Substance Rhuse Panel - Initial GC/MS Confirm
Test Level Test Level
DILUTE SPECIMEN: SPECIFIC GRAVITY (1.003 AND CREATININE -(20 MG/DL.
AMPHETAMINES Negative 1000 ng/mL 500 ng/mL
COCAINE METABOLITES . POSITIVr 300 ng/mL 150 ng/mL
MARISURNR METABOLITES Negative 50 ng/mL 15 np/mL
OPIATES Negative 2000 ng/mL 2000 nq/mL
PHENCYCLIDINE 1 Negative 35 ng/mL 25 ng/mL
CERTIFYING SCIENTIST: BONNIE ORR
SPECIMEN RECEIVED AND PROCESSED IN 'THE WEST NORRITON DHHS CERTIFIED LABORATORY.
)) END OF REPORT ((
EXHIBIT C
I
NOV 22!(1, (\
CHRISTOPHER M. SILBAUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 00-6802
CRYSTAL M. WALKER, : CIVIL ACTION - LAW
Defendant : CUSTODY
ORDER OF COURT
AND NOW, this ;) -7 4" day of /3 yr4-)^ 2000, upon
consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and
directed as follows:
1. A hearing is scheduled in Courtroom Numb?ef of the Cumberland County
Courthouse on the day of LdAx[ uFI/L.r 004 at 8 -'20 o'clock., AOd /
.m. at which time testimony will be taken. For the purposes of the hearing, the Mother,
Crystal M. Walker, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties, or the parties pro se, shall file with the Court and opposing
counsel/party a memorandum setting forth each party's position on the issue of drug and
alcohol testing, a list of witnesses who are expected to testify at the hearing, and a summary
of the anticipated testimony of each witness. These memoranda shall be filed at least ten
days prior to the hearing date. The hearing shall be limited solely to the issue of whether drag
and/or alcohol testing shall be done and if so, who shall bear the responsibility of paying for
same. Counsel for the parties shall be prepared with information for the Court indicating the.
cost of these services. Pending further Order of Court or agreement of the parties, the
custody of the minor Child shall be as follows:
2. Legal Customs: The Father, Christopher M. Silbaugh, and the Mother, Crystal M.
Walker, shall have shared legal custody of the minor Child, Joseph Kyle Silbaugh, born
September 13, 1994. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the Child's general well-
being including, but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of this paragraph, each parent shall be entitled to all records and
information pertaining to the child 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. Physical Custody: Mother shall have primary physical custody of the Child. Father
shall have partial physical custody of the Child according to the following schedule:
No. 00-6802
A. Father shall have partial physical custody of the Child every other
weekend, beginning Friday at 6:00 p.m. until Sunday at 7:00 p.m. If
Father is not able to arrive to pick up the Child at 6:00 p.m. due to his
work, he shall contact Mother and inform her of this fact. Mother shall
allow Father to use whatever custodial time shall remain. This paragraph
shall be effective November 17. 2000.
B. Father shall have physical custody of the Child on each Tuesday from
6:00 p.m. until 8:00 p.m.
C. Father shall have physical custody of the Child on the Tuesday and
Thursday each week immediately following his custodial weekend from
6:00 p.m. until 8:00 p.m. effective December 7, 2000.
D. Father shall have an additional one week of custody during the summer.
Father shall give Mother a 21-day notice of his custodial period.
4. Holidays:
A. Christmas: Christmas shall be divided into two segments. Segment A
shall be from 7:00 p.m. on December 23rd until 8:00 p.m. December 24th.
Segment B shall be from 8:00 p.m. Christmas Eve through 8:00 p.m.
Christmas Day. In 2000 and subsequent even-numbered years, Father
shall have Segment A and Mother shall Segment B. In 2001 and
subsequent odd-numbered years, Mother shall have Segment A and
Father shall have Segment B. In the event that Christmas shall fall on a
Saturday which coincides with Father's custodial weekend, Mother shall
return the Child to Father at 8:00 p.m: Christmas Day.
B. Thanksgiving Easter and Independence Day: Father shall have custody
of the Child from 3:00 p.m. until 8:00 p.m. for these holidays. Mother shall
have custody of the Child for the remainder of these holidays. If the
holiday falls on the day that Father has custody of the Child, Father shall
give Mother custody of the Child from 9:00 a.m. until 3:00 p.m.
C. Child's Birthday: Mother and Father shall have equal opportunity to spend
time with the Child on his birthday.
D. Memorial Day/Labor Day: Mother shall have custody of the Child on
Memorial Day; Father shall have custody of the Child on Labor Day.
Father shall have custody of the Child on Labor Day from 9:00 a.m. until
8:00 P.M.
No. 00-6802
E. Special Days: The Child shall attend the Father's upcoming wedding and
reception. The parties shall agree on the method of transportation to and
from these events.
F. Mother's Day/Father's Day: Mother shall have custody of the Child on
Mother's Day; Father shall have custody of the Child on Father's Day.
5. Telephone Contact: Mother and Father shall be allowed reasonable telephone
contact in order to communicate with the Child.
6. The parties shall arrange for the Child to attend counseling and cooperate with the
recommendations of the counselor. The counselor shall be assisting the parents and the
Child in dealing with the various tensions and strains that exist between the parties to this
custody action. The Mother and Father shall mutually agree upon the counselor and shall
share in the unreimbursed expenses evenly.
7. Neither party shall do anything which may estrange the Child from the other party, or
injure the opinion of the Child as to the other parent, or which may hamper the free and
natural development of the Child's love and respect for the other parent.
8. This Order may be modified by the mutual agreement of the parties, specifically
allowing Father additional periods of partial custody at the time that the parties shall mutually
agree. In the absence of such mutual consent, the terms of this Order shall control.
BY THE CO T,
J.
Distribution: Teri L. Henning, Esquire 45 North Pitt Street, Carlisle, PA 17013
Marcus A. McKnight, III, Esquire 60 W. Pomfret Street Carlisle, PA 17013
?y FROM RECORD
Ta`.4.IE Cn
In Test;m ,; :, ..,of I her )to set my hand
and t?h/ seal of said ourt at Narlisle, Pa.
This/.... t4..1... of..... Q I<:, ..,
CHRISTOPHER M. SILBAUGH,
Plaintiff
vs.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-6802
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 Child who is the subject of this litigation is
as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY CIF
Joseph Kyle Silbaugh September 13, 1994 Mother
2. A Conciliation Conference was held on November 15, 2000, with the following
individuals in attendance: the Father, Christopher M. Silbaugh, and his counsel, Terri L.
Hennings, Esquire, and Julie Miller C.L.I.; the Mother, Crystal M. Walker, and her counsel,
Marcus A. McKnight, III, Esquire.
3. The parties were able to reach an agreement with regard to a custody plan with the
exception of one issue which shall be the basis for a hearing before the Court. It is
recommended by the Conciliator that this custody hearing be limited solely to the issue of
whether Father shall be required to undergo periodic drug and alcohol testing, and if so a
determination of who shall be responsible for the payment of the associated fees.
4. Mother's position on the drug and alcohol testing is as follows: Mother contends
that Father has a history of both drugs and alcohol, which has resulted in one D.U.I., failed
relationships and job loss. Mother further reports that Father recently told her that he was
going into "rehab." She did not make any allegations that there has been any direct risk or
harm to the,Child by his purported drug or alcohol use during any period of custody. Mother
has offered to undergo drug and alcohol testing herself and to share the cost of the drug and
alcohol testing equally. Mother suggests that the testing be done on an alternating week basis.
5. Father's position on the drug and alcohol testing is as follows: Father admits that
he has in the past had a D.U.I. which resulted in the loss of his driver's license for a period of
approximately three years. Father also reports that he has successfully completed drug and
alcohol counseling. He denies that he has told Mother that he is going into "rehab" and further
denies that drugs and/or alcohol are a problem in his life. Father admits to some
No. 00-6802
alcohol consumption and denies any drug use whatsoever. Father has agreed to undergo
drug and alcohol testing but only if Mother will agree to pay for it. At the Conciliator's
suggestion, Father also agreed that he would be willing to undergo a drug and alcohol
assessment. However, counsel for the Mother too the position that this would be insufficient
to address Mother's concerns because so much of the assessment is dependent upon the
self-report of the person being assessed.
Father reports that there have been markedly increased difficulties in his relationship
with Mother subsequent to his engagement. There are presently harassment charges pending
against the Mother, pressed by the Father's fiance. Because there have been arguments
between the Mother and Father's fiance in the presence of the child, this necessarily impacts
the child negatively.
6. The parties were not able to reach an agreement on the issue of whether either or
Father should be tested for drugs and alcohol or whether either or both should be responsible
for payment of the test, should the Court so order. However, on a more positive note, the
parties did work together to resolve all other issues related to custody. That agreement is
reflected in the form of an Order as attached.
//,,g -
Date
Melissa Peel Greevy, Esquire
Custody Conciliator
VERIFICATION
The foregoing Petition for Special Relief is based upon information which has been
gathered by counsel and myself in the preparation of this action. I have read the statements made
in this document and they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unworn falsification to authorities.
ut/`
CRY L M. WALKER
Date: January 17, 2001
CRYSTAL M. WALKER,
PETITIONER/DEFENDANT
V.
CHISTOPHER M. SILBAUGH,
RESPONDENT/PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 2000-6802 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for
Special Relief was served upon the following by depositing a true and correct copy of the same
in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
Julie B. Miller, Certified Legal Intern
Terri L. Henning, Supervising Attorney
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
IRWIN, MCKNIG T & HUGHES
By: Marcus A. McKniglloII, Es
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: January 17, 2001
CHRISTOPHER M. SILBAUGH,
Plaintiff,
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 00-6802 CIVIL
CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322
I hereby consent to the appearance of Julie B. Miller, a Certified Legal Intem under the
supervision of an attorney, in the above-entitled custody proceeding before the Honorable
i?ddw?d ?. Cw.dn
r?eerge P. 44 r, at 8:30 a.m. on January 11, 2001.
Date: 2061
i
C stopher M. Silbau
As the supervising attorney for Julie B. Miller, certified under Pa.B.A.R. 322, I approve
of her appearance on behalf of the above-named client in the above-named proceeding.
Date: Gl ?)
T M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Supreme Cknsylvania
Shelley A. Carrara, Esq. Western District
Deputy Prothonotary September 15, 2000
Patricia A. Honard
Chief Clerk
Robert E. Rains, Esq.
Family Law Clinic, The Dickinson School of Law
45 N. Pitt Street
Carlisle, PA 17013
RE: Miller, Julie B.
No.9981NT 2000
Dear Attorney Rains:
901 City-County Building
Pittsburgh, PA 1.5219
412-5652916
w .aopc.org
The above-named law student has been approved and certified under Pa. B.A.R. 321 and
322 by:
Dickinson School of Law
Feldman, Harvey
Associate Dean
as a duly enrolled law student who has completed at least three (3) semesters of legal studies,
or the equivalent thereof, as being of good character and competent legal ability, and as being
adequately trained to perform as a legal intern as of September 15, 2000.
Pursuant to such certification and in accordance with and subject to the provisions of Pa.
B.A.R. 321 and 322, the above-named student has been certified as a legal intern and you
have been approved to perform the duties of supervising attorney.
WITNESS my signature and the seal of this
Court,
September 15, 2000
Very truly yours,
Shelley , Carrara
Deputy P othonotary
/dal
CHRISTOPHER M. SILBAUGH,
PLAINTIFF
V.
CRYSTAL M. WALKER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2000-6802 CIVIL TERM
IN CUSTODY
PRE HEARING MEMORANDUM
AND NOW comes the defendant, Crystal M. Walker, by and through her attorneys,
Irwin, McKnight & Hughes, Esquires, and files this Pre-Hearing Memorandum setting forth as
follows:
I. SUMMARY OF CASE:
At the Conciliation Conference held before Melissa Peel Greevy, Esquire, on Monday,
November 6, 2000, the parties were able to resolve all their differences except the issue involving
drug testing. There is a history of drug use by the father, Christopher M. Silbaugh, and the
mother has requested periodic drug testing to insure that he is not currently using illegal
substances.
II. ISSUES:
Whether the father should undergo periodic drug testing in this case?
1
HI. POSITION OF MOTHER:
The mother, Crystal M. Walker, is requesting periodic drug testing with the costs to be
divided by the parties. Twice a month for three (3) months should be sufficient.
IV. WITNESSES:
1. Crystal M. Walker, the defendant, who resides at 219 Marion Avenue,
Carlisle, PA 17013 will testify regarding Mr. Silbaugh's admission of
drug use.
2. Karen Kreitzer, plaintiffs mother, who resides at 190 Alters Road,
Carlisle, PA 17013 will testify regarding the drug use of Mr. Silbaugh.
3. Danielle O'Conner, plaintiffs sister, who resides atl90 Alters Road,
Carlisle, PA 17013 w testify regarding the drug use of Mr. Silbaugh.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
60 West P fret Street
Carlisle, Pe Sylvania 17013
(717) 249-23
Supreme Court I.D. No. 25476
Attorney for Defendant,
Crystal M. Walker
Date: January 8, 2001
2
CHRISTOPHER M. SILBAUGH,
PLAINTIFF
V.
CRYSTAL M. WALKER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2000-6802 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Hearing
Memorandum was served upon the following by depositing a true and correct copy of the same
in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
Julie B. Miller, Certified Legal Intern
Robert E. Rains
Thomas M. Place
Teri L. Henning
Supervising Attorneys
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
IRWIN, McKNIGHT & HUGHES
By: Marcus A. McKnight, hi-,-C-quire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: January 8, 2001
CHRISTOPHER M. SILBAUGH,
PLAINTIFF
V.
CRYSTAL M. WALKER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2000-6802 CIVIL TERM
IN CUSTODY
PRE-HEARING MEMORANDUM
AND NOW comes the defendant, Crystal M. Walker, by and through her attorneys,
Irwin, McKnight & Hughes, Esquires, and files this Pre-Hearing Memorandum setting forth as
follows:
1. SUMMARY OF CASE:
At the Conciliation Conference held before Melissa Peel Greevy, Esquire, on Monday,
November 6, 2000, the parties were able to resolve all their differences except the issue involving
drug testing. There is a history of drug use by the father, Christopher M. Silbaugh, and the
mother has requested periodic drug testing to insure that he is not currently using illegal
substances.
II. ISSUES:
Whether the father should undergo periodic drug testing in this case?
1
III. POSITION OF MOTHER:
The mother, Crystal M. Walker, is requesting periodic drug testing with the costs to be
divided by the parties. Twice a month for three (3) months should be sufficient.
IV. WITNESSES:
1. Crystal M. Walker, the defendant, who resides at 219 Marion Avenue,
Carlisle, PA 17013 will testify regarding Mr. Silbaugh's admission of
drug use.
2. Karen Kreitzer, plaintiffs mother, who resides at 190 Alters Road,
Carlisle, PA 17013 will testify regarding the drug use of Mr. Silbaugh.
3. Danielle O'Conner, plaintiffs sister, who resides atl90 Alters Road,
Carlisle, PA 17013 w testify regarding the drug use of Mr. Silbaugh.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
Marcuf A. Mc fight, II Es
60 West Pomfret Street--'
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for Defendant,
Crystal M. Walker
Date: January 8, 2001
2
CHRISTOPHER M. SILBAUGH,
PLAINTIFF
V.
CRYSTAL M. WALKER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2000-6802 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
1, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Hearing
Memorandum was served upon the following by depositing a true and correct copy of the same
in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
Julie B. Miller, Certified Legal Intern
Robert E. Rains
Thomas M. Place
Teri L. Henning
Supervising Attorneys
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
IRWIN, McKNIGHT & HUGHES
By: Marcui A. McKni ht, II, Es
60 West Pomfret Str
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: January 8, 2001
3
JAN 4 ???
CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
IN CUSTODY
PLAINTIFF'S REVISED PRE-HEARING MEMORANDUM
Plaintiff, Christopher M. Silbaugh, by his attorneys, the Family Law Clinic, hereby
submits the following revised pre-hearing memorandum.
SUMMARY OF THE CASE
The parties in this matter have agreed upon a custody schedule. The only issues that
remain before this Court are: 1) whether Christopher M. Silbaugh ("Father") must undergo drug
and/or alcohol testing; 2) the frequency of any such testing; and 3) which party is to bear the
expense of any testing.
FATHER'S POSITION ON DRUG AND/OR ALCOHOL TESTING
Father does not believe that there is any basis for requiring him to submit to any
alcohol or drug testing, but is willing to voluntarily submit to one test, at Mother's
expense.
Father does not believe that he should be required to submit to drug and/or alcohol
testing, and particularly not on a bi-weekly basis, as requested by Mother. Mother has not
alleged that Father has placed the child in danger as a result of any alleged drug and/or alcohol
use. She has not made any allegations that Father poses gU risk of harm to the child. In fact,
Father has enjoyed substantial amounts of shared physical custody of Joey over the years and has
a strong, loving relationship with his son.
Father admits that there was a time when he drank alcohol irresponsibly, and that he was
convicted of driving under the influence in 1997. However, as a result of that conviction, he
underwent a drug and alcohol evaluation at Roxbury Treatment Center in 1997. He did not
require additional counseling or treatment. Father will testify that today, he drinks alcohol
occasionally, but he does not use illegal drugs.
Father does not believe that Mother is actually concerned about any alcohol or drug use.
Rather, Father believes that Mother is raising this issue because of personal animosity between
Father and Mother and between Mother and Father's fiance.
Nevertheless, Father will agree to submit to one drug test, at Mother's expense. If the test
is negative, Father does not believe that additional testing is warranted.
There are a number of reasons why Father should not have to submit to drug and/or
alcohol testing at all. Fast, requiring Father to submit to drug and/or alcohol tests without anL
evidence of harm or risk to the child is a substantial and unjustified infringement on his personal
rights. Mother's unsubstantiated allegations that Father abuses drugs and alcohol (she has not
alleged that he uses drugs or abuses alcohol during his custodial periods), are not sufficient to
justify an order requiring Father to submit to such testing as a condition of his partial custody.
See Fatemi v. Fatemi, 489 A.2d 798, 801 (Pa. Super. 1985) (If a court determines that it is
necessary to impose a restriction [on partial custody], the restriction should be the least intrusive
reasonably needed to safeguard the child); compare Frankenberg v. Frankenberg, 83 Berks L.J.
95 (1990) (court prohibited the father from using drugs and alcohol during his periods of partial
custody).
A party requesting a restriction has the burden of proving that the restriction is necessary
to avoid detrimental impact on the child. See Fatemi 489 A.2d at 802. In this case, where
Mother has not alleged any detrimental impact on the child, she cannot satisfy her burden of
proving that the proposed drug and alcohol testing is necessary.
Moreover, Father's past actions should have no bearing on the present custodial
arrangement, particularly when Mother has not alleged that any such actions had a negative
impact on the child. See Bresnock v. Bresnock. 500 A.2d 91, 96 (Pa. Super. 1984) (a parent's
ability to care for his child must be determined as of the time of the custody hearing); Michael
T.L. v. Maril, nL. 525 A.2d 414, 418 (Pa. Super. 1986) (custody cannot reasonably be granted
on the basis of a parent's unsettled past unless the past behavior has an on-going negative effect
on the child's welfare), citing Brooks v. Brooks. 466 A.2d 152 (Pa.Super. 1983); In re Custody
of Pearce. 456 A.2d 597 (Pa. Super. 1983). Unless it can be shown that a parent's conduct has
had a harmful effect on a child, it should have little weight in making a custody decision. See
Bresnock, 500 A.2d at 96. Here, where there is no evidence of current drug or alcohol abuse, and
no evidence of harm to the child as a result of Father's past actions, ongoing drug and alcohol
testing is inappropriate and unnecessarily intrusive.
Finally, the drug and alcohol tests proposed by Mother are an unjustified financial
burden. The Family Law Clinic has been advised that HealthSouth will perform drug and
alcohol screens at the following charges: $72.00 for an office visit (required); $39.00 for a basic
drug screen; $25.00 for breath alcohol testing; and $41.00 for urine alcohol testing.
ANTICIPATED WITNESSES
Christopher M. Silbaugh. Father. Father will testify that until he became engaged, he
enjoyed substantial custodial periods with his son, without incident or objection by
Mother. He will explain his prior alcohol use and his evaluation at Roxbury. Although
he does drink occasionally, he does not have an alcohol problem. He admits that, in the
past, he has used marijuana infrequently. He will testify that Mother has as well. He
does not use illegal drugs today. Father will testify about the substantial amount of time
that he has spent with Joey since his birth, and about how Mother only objects to Father's
custodial visits when Father becomes involved in a relationship with another woman. He
will describe how Mother has unreasonably limited his contact with his son when there is
another woman in his life. Finally, he will testify about the stability of his life, including
his current job and residence.
4
Georgia A. Fourlas, Father's fiancee. Georgia will testify that Father does not abuse
alcohol or use illegal drugs. She will testify about Father's current job and residence.
She will testify as to Mother's continued efforts to interfere with Father's relationship
with Joey, and Father and son's interactions with each other.
Respectfully submitted,
Date: 1 U Ll 01
B. Miller
In
C 'fled Legal Intern
Z
Rob Rains
Thomas M. Place
Teri L. Henning
SUPERVISING ATTORNEYS
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717)243-2968
COUNSEL FOR PLAINTIFF
CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Julie B. Miller, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving on this date a true and correct copy of Plaintiff's Revised Pre-Hearing Memorandum by
hand delivery to the office of Defendant's counsel, Marcus A. McKnight, III, at 60 West Pomfret
Street, Carlisle, Pennsylvania 17013-3222.
*N
Date: January 4, 2001
Pie B. Miller
Certified Legal Intern
JAN 4 ?iltl
CHRISTOPHER M. SILBAUGH, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 00-6802
CRYSTAL M. WALKER, CIVIL ACTION - LAW
Defendant IN CUSTODY
PLAINTIFF'S REVISED PRE-HEARING MEMORANDUM
Plaintiff, Christopher M. Silbaugh, by his attorneys, the Family Law Clinic, hereby
submits the following revised pre-hearing memorandum.
SUMMARY OF THE CASE
The parties in this matter have agreed upon a custody schedule. The only issues that
remain before this Court are: 1) whether Christopher M. Silbaugh ("Father") must undergo drug
and/or alcohol testing; 2) the frequency of any such testing; and 3) which party is to bear the
expense of any testing.
FATHER'S POSITION ON DRUG AND/OR ALCOHOL TESTING
Father does not believe that there is any basis for requiring him to submit to any
alcohol or drug testing, but is willing to voluntarily submit to one test, at Mother's
expense.
Father does not believe that he should be required to submit to drug and/or alcohol
testing, and particularly not on a bi-weekly basis, as requested by Mother. Mother has not
alleged that Father has placed the child in danger as a result of any alleged drug and/or alcohol
use. She has not made any allegations that Father poses gny risk of harm to the child. In fact,
Father has enjoyed substantial amounts of shared physical custody of Joey over the years and has
a strong, loving relationship with his son.
Father admits that there was a time when he drank alcohol irresponsibly, and that he was
convicted of driving under the influence in 1997. However, as a result of that conviction, he
underwent a drug and alcohol evaluation at Roxbury Treatment Center in 1997. He did not
require additional counseling or treatment. Father will testify that today, he drinks alcohol
occasionally, but he does not use illegal drugs.
Father does not believe that Mother is actually concerned about any alcohol or drug use.
Rather, Father believes that Mother is raising this issue because of personal animosity between
Father and Mother and between Mother and Father's fiance.
Nevertheless, Father will agree to submit to one drug test, at Mother's expense. If the test
is negative; Father does not believe that additional testing is wan-anted.
There are a number of reasons why Father should not have to submit to drug and/or
alcohol testing at all. First, requiring Father to submit to drug andor alcohol tests without
evidence of harm or risk to the child is a substantial and unjustified infringement on his personal
rights. Mother's unsubstantiated allegations that Father abuses drugs and alcohol (she has not
alleged that he uses drugs or abuses alcohol during his custodial periods), are not sufficient to
justify an order requiring Father to submit to such testing as a condition of his partial custody.
See Fatemi v. Fatemi, 489 A.2d 798, 801 (Pa. Super. 1985) (If a court determines that it is
necessary to impose a restriction [on partial custody], the restriction should be the least intrusive
reasonably needed to safeguard the child); compare Frankenberg v. Frankenberg. 83 Berks L.J.
95 (1990) (court prohibited the father from using drugs and alcohol during his periods of partial
custody).
2
A parry requesting a restriction has the burden of proving that the restriction is necessary
to avoid detrimental impact on the child. See Fatemi. 489 A.2d at 802. In this case, where
Mother has not alleged any detrimental impact on the child, she cannot satisfy her burden of
proving that the proposed drug and alcohol testing is necessary.
Moreover, Father's past actions should have no bearing on the present custodial
arrangement, particularly when Mother has not alleged that any such actions had a negative
impact on the child. See Bresnock v. Bresnock 500 A.2d 91, 96 (Pa. Super. 1984) (a parent's
ability to care for his child must be determined as of the time of the custody hearing); Michael
T.L. v. Marilyn J.L.. 525 A.2d 414, 418 (Pa. Super. 1986) (custody cannot reasonably be granted
on the basis of a parent's unsettled past unless the past behavior has an on-going negative effect
on the child's welfare), citine Brooks v. Brooks 466 A.2d 152 (Pa.Super. 1983); hi re Custody
of Pearce. 456 A.2d 597 (Pa. Super. 1983). Unless it can be shown that a parent's conduct has
had a harmful effect on a child, it should have little weight in making a custody decision. See
Bresnock, 500 A.2d at 96. Here, where there is no evidence of current drug or alcohol abuse, and
no evidence of harm to the child as a result of Father's past actions, ongoing drug and alcohol
testing is inappropriate and unnecessarily intrusive.
Finally, the drug and alcohol tests proposed by Mother are an unjustified financial
burden. The Family Law Clinic has been advised that HealthSouth will perform drug and
alcohol screens at the following charges: $72.00 for an office visit (required); $39.00 for a basic
drug screen; $25.00 for breath alcohol testing; and $41.00 for urine alcohol testing.
ANTICIPATED WITNESSES
Christopher M. Silbaugh. Father. Father will testify that until he became engaged, he
enjoyed substantial custodial periods with his son, without incident or objection by
Mother. He will explain his prior alcohol use and his evaluation at Roxbury. Although
he does drink occasionally, he does nothave an alcohol problem. He admits that, in the
past, he has used marijuana infrequently. He will testify that Mother has as well. He
does not use illegal drugs today. Father will testify about the substantial amount of time
that he has spent with Joey since his birth, and about how Mother only objects to Father's
custodial visits when Father becomes involved in a relationship with another woman. He
will describe how Mother has unreasonably limited his contact with his son when there is
another woman in his life. Finally, he will testify about the stability of his life. including
his current job and residence.
4
2.
Date:
Georgia A. Fourlas. Father's fiancee. Georgia will testify that Father does not abuse
alcohol or use illegal drugs. She will testify about Father's current job and residence.
She will testify as to Mother's continued efforts to interfere with Father's relationship
with Joey, and Father and son's interactions with each other.
r cu r
Respectfully submitted,
J B. Miller
C rtified Legal Intern
L. _
Rob Rains
Thomas M. Place
Teri L. Henning
SUPERVISING ATTORNEYS
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717)243-2968
COUNSEL FOR PLAINTIFF
I 1 I
axi-r:
CHRISTOPHER M. SILBAUGH, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 00-6802
CRYSTAL M. WALKER, CIVIL ACTION - LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Julie B. Miller, Certified Legal Intent, Family Law Clinic, hereby certify that I am
serving on this date a true and correct copy of Plaintiffs Revised Pre-Hearing Memorandum by
hand delivery to the office of Defendant's counsel, Marcus A. McKnight, 111, at 60 West Pomfret
Street, Carlisle, Pennsylvania 17013-3222.
Date: January 4, 2001
,Mie B. Miller
Certified Legal Intent
JAN 0 2 2001W
CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
IN CUSTODY
PLAINTIFF'S PRE-HEARING MEMORANDUM
Plaintiff, Christopher M. Silbaugh, by his attorneys, the Family Law Clinic, hereby
submits the following pre-hearing memorandum.
SUMMARY OF THE CASE
The parties in this matter have agreed upon a custody schedule. The only issues that
remain before this Court are: 1) whether Christopher M. Silbaugh ("Father") must undergo drug
and/or alcohol testing; 2) the frequency of any such testing; and 3) which party is to bear the
expense of any testing.
FATHER'S POSITION ON DRUG AND/OR ALCOHOL TESTING
Father does not believe that there is any basis for requiring him to submit to any
alcohol or drug testing, but is willing to submit to one test, at Mother's expense.
Father does not believe that he should be required to submit to drug and/or alcohol
testing, and particularly not on a bi-weekly basis, as requested by Mother. Mother has not
alleged that Father has placed the child in danger as a result of any alleged drug and/or alcohol
use. She has not made any allegations that Father poses anXrisk of harm to the child. In fact,
Father has enjoyed substantial amounts of shared physical custody of Joey over the years and has
a strong, loving relationship with his son.
Father admits that there was a time when he drank alcohol irresponsibly, and that he was
convicted of driving under the influence in 1997. However, as a result of that conviction, he
underwent a drug and alcohol evaluation at Roxbury Treatment Center in 1997. He did not
require additional counseling or treatment. Father will testify that today, he drinks alcohol
occasionally, but he does not use illegal drugs.
Father does not believe that Mother is actually concerned about any alcohol or drug use.
Rather, Father believes that Mother is raising this issue because of personal animosity between
Father and Mother and between Mother and Father's fiance.
Nevertheless, Father will agree to submit to one drug test, at Mother's expense. If the test
is negative, Father will not agree to submit to additional tests.
There are a number of reasons why Father should not have to submit to drug and/or
alcohol testing at all. First, requiring Father to submit to drug and/or alcohol tests without uL
evidence of harm or risk to the child is a substantial and unjustified infringement on his personal
rights. Mother's unsubstantiated allegations that Father abuses drugs (she has not alleged that he
uses drugs or abuses alcohol during his custodial periods), are not sufficient to justify an order
requiring Father to submit to such testing as a condition of his partial custody.
Second, Father's past actions should have no bearing on the present custodial
arrangement, particularly when Mother has not alleged that any such actions had a negative
impact on the child.
Finally, such drug tests are an unjustified financial burden. The Family Law Clinic has
been advised that HealthSouth will perform drug and alcohol screens at the following
2
charges: $72.00 for an office visit (required); $39.00 for a basic drug screen; $25.00 for breath
alcohol testing; and $41.00 for urine alcohol testing.
ANTICIPATED WITNESSES
1. Christopher M. Silbaugh, Father. Father will testify that until he became engaged, he
enjoyed substantial custodial periods with his son, without incident or objection by
Mother. He will explain his prior alcohol use and his evaluation at Roxbury. Although
he does drink occasionally, he does not have an alcohol problem. He admits that, in the
past, he has used marijuana infrequently. He does not use illegal drugs today. Father will
testify about the substantial amount of time that he has spent with Joey since his birth,
and about how Mother only objects to Father's custodial visits when Father becomes
involved in a relationship with another woman. He will describe how Mother has
unreasonably limited his contact with his son when there is another woman in his life.
Finally, he will testify about the stability of his life, including his current j ob and
residence.
2. Georgia A. Fourlas, Father's fiancee. Georgia will testify that Father does not abuse
alcohol or use illegal drugs. She will testify about Father's current job and
residence. She will testify as to Mother's continued efforts to interfere with Father's
relationship with Joey, and Father and son's interactions with each other.
Respectfully submitted,
Date: D Z UCH
J i B. Miller
C Tied Legal Intern
E. Rains
Thomas M. Place
Teri L. Henning
SUPERVISING ATTOR\EYS
FAMILY LAW CUMC
45 North Pitt Street
Carlisle, Penns}Dania 1- 13
(717)243-2968
COUNSEL FOR P1.:11\ FIFF
4
CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Julie B. Miller, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving on this date a true and correct copy of Plaintiffs Pre-Hearing Memorandum by hand
delivery to the office of Defendant's counsel, Marcus A. McKnight, III, at 60 West Pomfret
Street, Carlisle, Pennsylvania 17013-3222.
Date: 2xc% 1
L A
Y IiB. Millet
ertified Legal Intern
JAN 0 2 2001 0
CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND. COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
IN CUSTODY
PLAINTIFF'S PRE-HEARING MEMORANDUM
Plaintiff, Christopher M. Silbaugh, by his attorneys, the Family Law Clinic, hereby
submits the following pre-hearing memorandum.
SUMMARY OF THE CASE
The parties in this matter have agreed upon a custody schedule. The only issues that
remain before this Court are: 1) whether Christopher M. Silbaugh ("Father") must undergo drug
and/or alcohol testing; 2) the frequency of any such testing; and 3) which party is to bear the
expense of any testing.
FATHER'S POSITION ON DRUG AND/OR ALCOHOL TESTING
Father does not believe that there is any basis for requiring him to submit to any
alcohol or drug testing, but is willing to submit to one test, at Mother's expense.
Father does not believe that he should be required to submit to drug and/or alcohol
testing, and particularly not on a bi-weekly basis, as requested by Mother. Mother has not
alleged that Father has placed the child in danger as a result of any alleged drug and/or alcohol
use. She has not made any allegations that Father poses any risk of harm to the child. In fact,
Father has enjoyed substantial amounts of shared physical custody of Joey over the years and has
a strong, loving relationship with his son.
Father admits that there was a time when he drank alcohol irresponsibly, and that he was
convicted of driving under the influence in 1997. However, as a result of that conviction, he
underwent a drug and alcohol evaluation at Roxbury Treatment Center in 1997. He did not
require additional counseling or treatment. Father will testify that today, he drinks alcohol
occasionally, but he does not use illegal drugs.
Father does not believe that Mother is actually concerned about any alcohol or drug use.
Rather, Father believes that Mother is raising this issue because of personal animosity between
Father and Mother and between Mother and Father's fiance.
Nevertheless, Father will agree to submit to one drug test, at Mother's expense. If the test
is negative, Father will not agree to submit to additional tests.
There are a number of reasons why Father should not have to submit to drug and/or
alcohol testing at all. First, requiring Father to submit to drug and/or alcohol tests without any_
evidence of harm or risk to the child is a substantial and unjustified infringement on his personal
rights. Mother's unsubstantiated allegations that Father abuses drugs (she has not alleged that he
uses drugs or abuses alcohol during his custodial periods), are not sufficient to justify an order
requiring Father to submit to such testing as a condition of his partial custody.
Second, Father's past actions should have no bearing on the present custodial
arrangement, particularly when Mother has not alleged that any such actions had a negative
impact on the child.
Finally, such drug tests are an unjustified financial burden. The Family Law Clinic has
been advised that HealthSouth will perform drug and alcohol screens at the following
charges: $72.00 for an office visit (required); $39.00 for a basic drug screen; $25.00 for breath
alcohol testing; and $41.00 for urine alcohol testing.
ANTICIPATED WITNESSES
Christopher M. Silbaugh, Father. Father will testify that until he became engaged, he
enjoyed substantial custodial periods with his son, without incident or objection by
Mother. He will explain his prior alcohol use and his evaluation at Roxbury. Although
he does drink occasionally, he does not have an alcohol problem. He admits that, in the
past, he has used marijuana infrequently. He does not use illegal drugs today. Father will
testify about the substantial amount of time that he has spent with Joey since his birth,
and about how Mother only objects to Father's custodial visits when Father becomes
involved in a relationship with another woman. He will describe how Mother has
unreasonably limited his contact with his son when there is another woman in his life.
Finally, he will testify about the stability of his life, including his current job and
residence.
2. Georgia A. Fourlas, Father's fiancee. Georgia will testify that Father does not abuse
alcohol or use illegal drugs. She will testify about Father's current job and
residence. She will testify as to Mother's continued efforts to interfere with Father's
relationship with Joey, and Father and son's interactions with each other.
Date: D 2 U(?
Respectfully submitted,
f?Z
atz z
J B. Miller
C ified Legal Intern
AL
E. Rains
Thomas M. Place
Teri L. Henning
SUPERVISING ATTORNEYS
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717)243-2968
COUNSEL FOR PLAINTIFF
CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Julie B. Miller, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving on this date a true and correct copy of Plaintiff s Pre-Hearing Memorandum by hand
delivery to the office of Defendant's counsel, Marcus A. McKnight, III, at 60 West Pomfret
Street, Carlisle, Pennsylvania 17013-3222.
Date: • __Z2_00
ie B. Mille
ertified Legal Intern
¦ Complete s 1, D2, and elivery Also complete A. Received by (Please Print C/earl B. Dete of Delivery
item 4 if Restricted is desired. G L ?d - _Up
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171
Christopher M. Silbaugh, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION- LAW
IN CUSTODY
Crystal Walker,
Defendant NO. 00-6802 CIVIL TERM
CERTIFICATE OF SERVICE
I, Andrew J. Morrow, Certified Legal Intem, Family Law Clinic, hereby certify that I am
serving a true and correct copy of the Complaint for Custody on Crystal M. Walker, residing at
219 Marion Avenue, Carlisle, Cumberland County, Pennsylvania, by dropping a copy of the
same in the U. S. mail, certified, restricted delivery, return receipt requested, postage prepaid.
Service was completed by 1 {? yS ?a wA j kOr - on the 5-a day of October,
2000, as evidenced by her signature on the attached green card.
Date: ? `(JI I? U dibj,I ' Q mjj v
Andrew J. M ow
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
Counsel for Plaintiff
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CHRISTOPHER M. SILBAUGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
CRYSTAL M. WALKER
DEFENDANT 00-6802 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, this 10th day of October , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 6th day of November , 2000, at 9:15 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: /s/ M lissa . Gr ev s'
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
?Q O,aT ; ? at,
IN
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OCT 0 5 20000
Christopher M. Silbaugh, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION- LAW
IN CUSTODY
Crystal M. Walker, p?
Defendant NO. 00-f!pW CIVIL TERM
ORDER OF COURT
AND NOW, this day of
, 2000, upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear before,
, the conciliator, at
on the day of 2000, 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. Either party may bring the child who is the subject of this custody action to the
conference, but the child's attendance is not mandatory. 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 YOURLAWYERAT 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
AMERICANS WITH DISABILITIES ACT OF 1990
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.
Christopher M. Silbaugh, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN CUSTODY
Crystal M. Walker,
Defendant NO. 00- CIVIL TERM
ORDER OF COURT
You, Crystal M. Walker, Defendant, have been sued in court to obtain custody of the
child: Joseph Kyle Silbaugh.
You are ordered to appear in person at
on , at. _.m., for
_ a conciliation or mediation conference.
- a pretrial conference.
- a hearing before the court.
If you fail to appear as provided by this order, an order for custody, partial custody or
visitation may be entered against you or the court may issue a warrant for your arrest.
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 13ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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.
BY THE COURT:
Date:
J.
A-
Christopher M. Silbaugh, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V, CIVIL ACTION - LAW
IN CUSTODY
Crystal M. Walker,
Defendant NO. 00- G alb 2? CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Christopher M. Silbaugh (father), by and through his attorneys, the
Family Law Clinic, seeks shared legal and physical custody of the parties' child, Joseph Kyle
Silbaugh (child), bom September 13, 1994, and avers in support thereof as follows:
1. The plaintiff is Christopher M. Silbaugh, residing at 63 F Street, Carlisle, Cumberland
County, Pennsylvania, 17013.
2. The defendant is Crystal M. Walker (mother), residing at 219 Marion Avenue, Carlisle,
Cumberland County, Pennsylvania, 17013.
3. Plaintiff seeks custody of the following child:
Name Present Residence Date of Birth
Joseph Kyle Silbaugh 219 Marion Avenue, Carlisle, PA 17013 09/13/94
The child was born out of wedlock.
Physical custody of the child is currently shared by the parents.
During the past five years, the child has resided with the following persons and at the
following addresses:
Persons Addresses Dates
Crystal Walker (mother) 219 Marion Avenue, Carlisle, PA 17013 10/97-current
Max Walker (grandfather)
Nancy Walker (grandmother)
r
Christopher Silbaugh (father) 190 Alter Road, Carlisle, PA 17013 10/97-9/1/00
Karen Kreitzer (paternal grandmother)
Steven Kreitzer (paternal step-grandfather)
Danelle O'Connor (sister)
Jeremy Kreitzer (brother)
Jamie Quiones (Nephew-Danelle's Son)
Crystal Walker (mother) 190 Alter Road, Carlisle, PA 17013 07/97-10/97
Christopher Silbaugh (father)
Karen Kreitzer (paternal grandmother)
Steven Kreitzer (paternal step-grandfather)
Danelle O'Connor (sister)
Jeremy Kreitzer (brother)
Crystal Walker (mother) 1416 Bradley Drive, Carlisle, PA 17103 01196- 06/97
Christopher Silbaugh (father)
Crystal Walker (mother) 232 Marion Avenue, Carlisle, PA 17013 09/94- 12/95
Christopher Silbaugh (father)
Karen Kreitzer (paternal grandmother)
Steven Kreitzer (paternal step-grandfather
Danelle O'Connor (sister)
Jeremy Kreitzer (brother)
4. The relationship of the plaintiff to the child is that of father. He is engaged. He currently
resides with the following person:
Name
Georgia Fourlas
Relationship
Fiance
5. Father moved in to Fiance's home, located at 63 F Street, Carlisle, on September 1, 2000.
The child does not currently reside at this residence. However, it is Father's intention that the child
will reside at Fianc6's address during his periods of custody.
6. The relationship of defendant to child is that of mother. She is single. She currently
resides with the following persons:
Name Relationship
Joseph Kyle Silbaugh Defendant's Son
f
Max Walker Defendant's Father
Nancy Walker Defendant's Mother
7. Plaintiff has not participated as a parry or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or any other state.
Plaintiff does not know of a person not a parry to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
8. The best interest and permanent welfare of the child will be served by granting the relief
requested because:
a) Father has a strong, loving relationship with his son, and often exercises custody of the
child for half of the week.
b) Father exercises significant parental duties and enjoys the love and affection of the child;
c) Father is willing to grant mother shared physical custody of child in order for child to
maintain a strong parent/child relationship with both parents;
d) Father provides child with a home with the necessary moral, emotional and physical
surroundings so as to meet the child's needs.
9. Each parent whose parental rights to the child have not been terminated and the person(s)
who have physical custody of the child have been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant to father shared legal and physical
custody of the child.
Date: ?I DU [L?
Andrew J. Morrow
Certified Legal Intern
ROBERT E. RAIDS
THOMAS PLACE
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
Counsel for Plaintiff
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct to the best
of my personal knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities..
Date: __
Christop r Silbaulainti _T
n 11,3
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Christopher M. Silbaugh, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION- LAW
IN CUSTODY
Crystal M. Walker,
Defendant NO. 00-6802 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Andrew J. Morrow, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving a true and correct copy of an Order of Court to appear at a Custody Conciliation
Conference on November 6, 2000, on Crystal M. Walker, residing at 219 Marion Avenue,
Carlisle, Cumberland County, Pennsylvania, by dropping a copy of the same in the United States
mail this 13' day of October, 2000.
Date: Aj, ?) X"qa-
Andrew J. Morrow
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
Counsel for Plaintiff
I 1 111 1-1
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CHRISTOPHER M. SILBAUGH IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent OF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 00-6802
CRYSTAL M. WALKER, CIVIL ACTION - LAW
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW, this day of
2001, upon consideration of
the Petition for Special Relief and Response to Petition for Special Relief and New Matter, it is
hereby ordered and directed as follows:
1. Christopher M. Silbaugh's ("Plaintiff/Respondent") periods of partial custody
shall resume immediately according to the schedule set forth in the November 27,
2000 Order of Court. Such custodial periods shall be supervised by Danelle
O'Connor, Karen Kreitzer, or by some other person the parties can mutually agree
upon. These custodial periods shall be supervised only until one of the following
occurs: 1) Mr. Silbaugh has had two consecutive negative drug screens, or 2) the
three-month period contemplated by the January 12, 2001 Order of Court expires
with no positive drug screens, whichever occurs sooner. After that time, the
custodial periods shall be unsupervised.
2. Plaintiff/Respondent shall undergo a drug evaluation at the Stevens Center at his
own expense, and shall abide by the recommendations of his counselor/evaluator
regarding treatment.
Plaintiff/Respondent shall pay for the next drug screen requested by Defendant/
Petitioner (pursuant to the January 12, 2001 Order of Court) regardless of the
results. Payment for any further testing shall be pursuant to the Order of January
12, 2001, i.e., Plaintiff/Respondent pays for positive tests and
Defendant/Petitioner pays for negative tests.
4. Defendant/Petitioner's request for attorneys' fees is denied.
BY THE COURT,
J.
CHRISTOPHER M. SILBAUGH
Plaintiff/Respondent
V.
CRYSTAL M. WALKER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
IN CUSTODY
PLAINTIFF/RESPONDENT'S RESPONSE
TO PETITION FOR SPECIAL RELIEF AND NEW MATTER
Plaintiff/Respondent, Christopher M. Silbaugh, by his attorneys, the Family Law Clinic,
hereby responds to Defendant/Petitioner's Petition for Special Relief as follows:
Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. Admitted that a hearing was scheduled for January
11, 2001. No evidence was taken, and pursuant to agreement of the parties, the Order of
Court attached as Exhibit A to Defendant/Petitioner's Petition for Special Relief was
entered by the Court.
5. Admitted that under the January 11, 2001 Order, Mr. Silbaugh was ordered to submit to a
drug test before 9 a.m. on January 12, 2001. Admitted further that HealthSouth Medical
Clinic performed a drug screen and that the screen indicated that he tested positive for
cocaine metabolites.
6. The first two sentences are denied. Mr. Silbaugh is willing to submit to a drug evaluation
and abide by the recommendations of the evaluator/counselor. Mr. Silbaugh also is
willing to agree to supervised visits for a limited period of time. He proposes that the
person supervising his custodial periods be his sister, Danelle O'Connor, his mother,
Karen Kreitzer, or some other person mutually agreed upon by the parties. Mr. Silbaugb
does not believe that limiting the number or hours of his visits with his son, Joseph Kyle
Silbaugh ("Joey"), would be in the best interest of the child. He believes that the
schedule established in the November 27, 2000 Order, attached to the Petition for Special
Relief as Exhibit C, should remain in effect.
7. Denied that immediate drug rehabilitation is necessary. Mr. Silbaugh is willing to
undergo a drug evaluation at the Stevens Center and will follow the recommendations of
the evaluator/counselor regarding treatment.
8. Admitted in part and denied in part. Mr. Silbaugh admits to the first sentence. The
allegation relating to the "seriously addictive" nature of cocaine is a medical conclusion
as to which no evidence has been adduced, and, if relevant, proof thereof is demanded at
the hearing. The request for legal fees is a legal conclusion to which no responsive
pleading is required. To the extent that a response is required, the allegation is denied.
Petitioner has not set forth any authority for attorneys' fees under 42 Pa. C.S. §2503 and
there is no basis for assessing legal fees against him. Counsel for Petitioner contacted the
Family Law Clinic on January 15, 2001 after receiving the drug screen results. The clinic
staff attorney, Teri Henning, specifically asked Petitioner's counsel to contact the clinic
before filing a Petition for Special Relief, so that the parties could reach an agreement, if
possible. Petitioner's counsel did not contact the clinic prior to filing the Petition.
Moreover, Petitioner's counsel did not seek concurrence of Mr. Silbaugh's counsel prior
to filing the Petition, as required by Cumberland County Rule of Procedure 206-2(c).
WHEREFORE, plaintiff/respondent requests that the Petition for Special Relief
be denied.
NEW MATTER
9. It is Respondent's position that there is no need for a hearing to resolve this matter. Mr.
Silbaugh understands the seriousness of his positive drug test and is willing to take the
steps necessary to maintain his periods of partial custody of his son.
10. First, Mr. Silbaugh will agree to supervised visits, according to the schedule established
in the November 27, 2000 Order, for a limited period of time. He asks that supervised
visitation continue until one of the following occurs (whichever is sooner): 1) until he has
two consecutive negative drug screens; or 2) the three-month period contemplated by the
January 12, 2001 Order of Court expires with no positive drug screens. Mr. Silbaugh
proposes that the party supervising his custodial periods be his sister, Danelle O'Connor,
his mother, Karen Kreitzer, or (if these two are unavailable), some other person mutually
agreed upon by the parties. Petitioner has already permitted Mrs. Kreitzer to supervise a
custodial period during the weekend of January 27, 2001.
It. Second, Mr. Silbaugh will agree to undergo a drug evaluation at his own expense.
Within two weeks, he will make an appointment for this evaluation at the Stevens Center.
He will agree to follow the evaluator's/counselor's recommendations regarding treatment.
12. Third, Mr. Silbaugh will agree to pay for the next drug test that Miss Walker requests,
regardless of the test results. If the test shows no evidence of drug use, payment for any
further testing should be pursuant to the Order of January 12, 2001 (Mr. Silbaugh pays
for positive tests; Miss Walker pays for negative tests).
13. Fourth, Mr. Silbaugh does not believe that there is any basis for assessing legal fees
against him. Counsel for Petitioner contacted the Family Law Clinic on January 15, 2001
after receiving the drug screen results. The clinic staff attorney, Teri Henning, asked
Petitioner's counsel to contact the clinic before filing a Petition for Special Relief, so that
the parties could reach an agreement, if possible. Petitioner's counsel did not contact the
clinic prior to filing the Petition. Moreover, Petitioner's counsel did not seek concurrence
of Mr. Silbaugh's counsel prior to filing the Petition, as required by Cumberland County
Rule of Procedure 206-2(c). Petitioner has not set forth any authority for attorneys' fees
under 42 Pa.C.S. §2503 and there is no basis for assessing legal fees against him.
14. Finally, Mr. Silbaugh is a client of the Family Law Clinic and meets the financial
guidelines of the clinic. As part of this custody proceeding, he will incur the costs
relating to his drug evaluation, possible counseling, and the next drug screen requested by
Ms. Walker. He has already agreed to share the costs relating to Joey's counseling. For
all of these reasons, and those mentioned above, Plaintiff/Respondent respectfully
requests that this Court deny Petitioner's Petition for Special Relief, deny Petitioner's
request for attorneys' fees, and enter an Order in the form attached hereto.
iffed
Respectfully submitted,
Date: / 3cof P
ulie B. Miller
Certified Legal Intern
Ro E. Rains
Thomas M. Place
Teri L. Henning
SUPERVISING ATTORNEYS
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717)243-2968
VERIFICATION
I verify that the statements made in this Response to the Petition for Special Relief are
true and correct to the best of my personal knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsifications.
Date: 4
Cbristopherd . Silbaugh
PlaintifflRespondent
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CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
CRYSTAL M. WALKER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6802
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Julie B. Miller, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving on this date a true and correct copy of Plaintiff/Respondent's Response to Petition for
Special Relief and New Matter by hand delivery to the office of Defendant's counsel, Marcus A.
McKnight, III, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013-3222.
Date: January 30, 2001
ulie B. Mil er
Certified Legal Intern
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CHRISTOPHER M. SILBAUGH,
Plaintiff/Respondent
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6802 CIVIL TERM
CRYSTAL M. WALKER, CIVIL ACTION - LAW
Defendant/Petitioner : IN CUSTODY
ORDER OF COURT
AND NOW, this 9th day of February, 2001, upon
consideration of the Petition for Special Relief and Response to
Petition for Special Relief and New Matter, it is hereby ordered
and directed as follows:
1. Christopher M. Silbaugh's ("Plaintiff/Respondent")
periods of partial custody shall resume immediately according to
the schedule set forth in the November 27, 2000, order of Court.
Such custodial periods shall be supervised by Danelle O'Connor,
Karen Kreitzer, or by some other person the parties can mutually
agree upon. These custodial periods shall be supervised only
until one of the following occurs: (1) Mr. Silbaugh has two
consecutive negative drug screens, or (2) the three month period
contemplated by the January 12, 2001, Order of Court expires
with no positive drug screens, whichever occurs sooner. After
that time, the custodial periods shall be unsupervised.
2. Plaintiff/Respondent shall undergo a drug
evaluation and counseling at the Stevens Center at his own
expense, and shall abide by the recommendations of his
counselor/evaluator regarding treatment.
3. Plaintiff/Respondent shall pay for the next drug
screen requested by Defendant/Petitioner (pursuant to the
January 12, 2001°, order of Court) regardless of the results.
Payment for any further testing shall be pursuant to the Order
of January 12, 2001, i.e., Plaintiff/Respondent pays for
positive tests and Defendant/Petitioner pays for negative tests.
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5 _
4. Defendant/Petitioner's request for attorney's
fees has been withdrawn.
5. Plaintiff/Respondent shall submit to another drug
screen three months after his last positive drug screen. If it
is negative, Defendant/Petitioner shall pay. If it is positive,
Plaintiff/Respondent shall pay.
By the Court,
Julie B. Miller, Certified Legal Intern
Family Law Clinic
For the Plaintiff/Respondent
Marcus A. McKnight, III, Esquire
Attorney for Defendant/Petitioner
Sheriff
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CHRISTOPHER M. SILBAUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
CRYSTAL M. WALKER,
Defendant/ Respondent : NO. 00-6802 CIVIL TERM
PETITION TO MODIFY CUSTODY ORDER
1. The petition of Christopher M. Silbaugh [hereinafter "Father"], by his attorneys; the
Family Law Clinic, respectfully represents that on November 27, 2000, an Order of Court was
entered for custody of Joseph Kyle Silbaugh [hereinafter "the child"], born September 13, 1994, a
true and correct copy of which is attached as Petitioner's Exhibit A and incorporated herein by
reference. Under the existing Order, Crystal M. Walker [hereinafter "Mother"] was to have
primary physical custody of the child and Father was to have periods of partial physical custody.
2. This Order should be modified because:
a. The child, who is now 14 years old, has expressed a desire to live with his father,
as he has in fact been doing for the last four months.
b. At the beginning of the 2008-09 academic school year, the child had incurred
four (4) unexcused absences and six (6) tardies while in Mother's custody
c. The child was not in a stable environment when in Mother's custody.
d. On September 16, 2008, Mother dropped the child off at a park and told him to
go live with his father. When the child could not reach Father, the child stayed with
Father's family until September 20.
e. On September 29, 2008, the child arrived home late after Mother failed to pick
him up from school, resulting in an argument between Mother and the child. Mother called
Father to deal with the child, after which the child left because of the argument. Mother
did not look for the child while Father did. Father found the child and brought him to
Father's house.
f. The child has lived with Father since September 29, 2008.
g. Father wants the Custody Order to reflect the actual custody arrangement for the
child.
3. Pursuant to Rule 208.2(d), Father's certified legal intern contacted Mother's attorney of
record, Marcus McKnight, Esq., asking if he still represents Mother. Mother's counsel of
record has responded that he had closed Mother's file in 2002.
4. The Honorable Judge Guido has previously ruled in this matter.
WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and
grant Father shared legal custody and primary physical custody, with Mother to have periods of
partial custody, because it will be in the best interest of the child.
Date:
A-u,,
Christina Ferreira
Certified Legal Intern
TH MAS M. LACE
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this petition are true and correct. I understand that false
statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification
to authorities.
Date: A21 4 /
Christopher . Silbaugh
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CHRISTOPHER M. SILBAUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY
CRYSTAL M. WALKER, :
Defendant, Respondent : NO. 00-6802 CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Chris Silbaugh, Plaintiff/Petitioner, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Respectfully submitted,
Date
Christina Ferreira
Certified Legal Intern
d?? -
ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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CHRISTOPHER M. SILBAUGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
CRYSTAL M. WALKER
DEFENDANT
2000-6802 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, February 05, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 20, 2009 at 9:30 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. 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/ Hubert X. Gilroy, 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
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CHRISTOPHER M. SILBAUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CRYSTAL M. WALKER,
Defendant/Respondent
CIVIL ACTION - LAW
IN CUSTODY
NO. 00-6802
CERTIFICATE OF SERVICE
CIVIL TERM
I, Christina Ferreira, Certified Legal Intern, Family Law Clinic, hereby certify that I
served a true and correct copy of the Petition to Modify Custody on Crystal Walker, residing at
1855 Walnut Bottom Road, Newville, PA, by depositing a copy of the same in the United States
mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was
complete upon receipt by Crystal Walker, on the 24`h day of February 2009 as evidenced by the
attached green card.
L ' - ,.
Christina Ferreira
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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MAR 2 4 20QAi,?
CHRISTOPHER M. SILBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
CRYSTAL M. WALKER, NO. 00-6802
Defendant IN CUSTODY
COURT ORDER
AND NOW, this "'day of March, 2009, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that this Court's prior Orders of February 9, 2001, and
November 27, 2000, shall remain in place subject to the following clarification:
1. All school districts and school district personnel dealing with the minor child, Joseph
Kyle Silbaugh, born September 13, 1994, are hereby authorized to provide
information to both parents in connection with the minor child relative to all pertinent
school, social, and health issues that the school district has information on.
2. With the Mother, Crystal M. Walker, retaining primary physical custody of the minor
child, the Mother is specifically directed to ensure that the Father has information
with respect to school schedule events such as teacher-parent conferences, etc.
Additionally, the Mother is directed to abide by the Order and ensure that the minor
child is exercising a meaningful visitation arrangement with the Father pursuant to
the Order.
BY THE COURT,
cc: ? Christina Ferreira
GMs. Crystal M. Walker
(20P'" fnia-tLL
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Edward E. Guido, Judge
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CHRISTOPHER M. SILBAUGH,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CRYSTAL M. WALKER, NO. 00-6802
Defendant IN CUSTODY
Prior Judge: The Honorable Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Joseph Kyle Silbaugh, born September 13, 1994.
2. A Conciliation Conference was held on March 20, 2009, with the following
individuals in attendance:
the father, Christopher M. Silbaugh, with his student attorney, Christina Ferreira
of the Dickinson School of Law, Penn State University, Family Law Clinic, and the
mother, Crystal M. Walker, who was unrepresented.
3. The parties agreed to the entry of an Order in the form as attached.
Date: March , 2009 4 0??
Hubert X. Gilr , Esquire
Custody Co iliator
FILED-0MF E
OF THE PIRO13 NIOTARY
2010 JAN -8 PM 2: 51
0 UMY
CHRISTOPHER M. SILBAUGH, : IN THE COURT OF COMMON PLEAS OF ?'Elr??f`?v????
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: IN CUSTODY
CRYSTAL M. WALKER, :NO. 00-6802 CIVIL TERM
Defendant/Respondent
PETITION FOR AN EVIMEDIATE CUSTODY HEARING
I Christopher M. Silbaugh, am requesting today, January 8, 2010, for an immediate custody hearing to
modify the current custody status. As of now Crystal M. Walker of 1855 Walnut Bottom Road,
Newville, PA 17241 has custody of our son Joseph Kyle Silbaugh. I am asking for full sole custody.
Since he has moved back in with her there has been numerous situations of mental and physical abuse.
Also within less than a month of him moving back with her he got charges and now is on juvenile
probation. She does nothing to help him. It is all threats. She has kicked him out of his house numerous
times and we have witnesses. It is a very unstable household. We want the best for our children and no
child should ever have to worry if they are going to eat or where they are going to sleep that night.
Joseph is a strong, loving child with great potential! Living with his mother he doesn't even have a
chance to sit and study because he doesn't ever know what chaos he is going home to! Please help!
Sincerely,
p Silbaugh' 0,
Christo hef M ?
410-0o Po PLf'
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CHRISTOPHER M. SILBAUGH,
Plaintiff/Petitioner
V.
CRYSTAL M. WALKER,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
:NO. 00-6802 CIVIL TERM
INEHEDIATE CUSTODY HEARING
I Christopher M. Silbaugh, am requesting today, January 8, 2010, for an immediate custody hearing to
modify custody on Crystal M. Walker, residing at 1855 Walnut Bottom Road, Nevwille, PA 17241.
Custody hearing is for Joseph Kyle Silbaugh DOB 9/13/1994. By submitting this petition pro ce I
respectfully ask that this matter have immediate attention due to the attached circumstances.
Christopher M. Silbaugh/Father
v,.
C_:^:Q1r3EALTH OF PEMSYLVANIA
.7;C-1 4-88
IN THE COURT OF COMMON PLEAS 9th JUDICIAL DISTRICT
CUMBERLAND COUNTY
JUVENILE PETITION
In the interest of Joseph Kyle Silbaugh DOB: 09/13/94 AGE: 14 Juv. Pet. # CP-21-JV-127-2009 Fie # 3-9600
To The Honorable Judge of said Court
Petitioner, Debra Green, Juvenile Probation Officer, respectfully represents that the said child, Joseph Kyle Siibaugh, resides at
1855 Walnut Bottom Road, Newville, Pennsylvania 17241, and
? is a DEPENDENT CHILD, as defined by The Juvenile Act at 42 Pa C.S. §6302;
? is a victim of child abuse as defined by the Child Protective Services Law at 23 Pa. C.S. §6303;
® is ALLEGED to be A DELINQUENT CHILD in need of treatment, supervision or rehabilitation;
? is A DELINQUENT CHILD in need of treatment, supervision or rehabilitation, as defined by The Juvenile Act at 42 Pa. C.S. §6302.
It is within the jurisdiction of the Court and in the best interest of the child and the public that this proceeding be brought before the court fl
the following reason(s). Define the PA Criminal Code Offenses/PA Vehicle Code Offence/PA Controlled Substances Act Offenses: Charge(s
Section (subsection), and Grading.
Filed on information received from Trooper 3eremy Matas of PSP Carlisle.
Count 1
AGGRAVATED ENDECENT ASSAULT - 18 PA C.S. 63125(a)(2): F2
The juvenHe did engage in penetration, however slight, of the genitals or anus of a complainant with a part of the
actors body for any purpose other than good-faith medical; hygienic or law enforcement procedures, and did so by forcible
compulsion.
Count 2
AGGRAVATED INDECENT ASSAULT - 18 PA C.S. 531251a1111: F2
The juvenile did engage in penetration, however slight; of the genitals or anus of a complainant with apart of the
actor's body for any purpose other than good faith medical, hygienic or law enforcement procedures, and did so without the
complainant's consent
Count 3
INDECENT ASSAULT - 18 PA C.S 83126fa)(2b M-1
The juvenile had indecent contact with the complainant, caused the complainant to have indecent contact with him or
intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual
desire in the person or the complainant and the person does so by forcible compulsion. -
Count 4
INDECENT ASSAULT - 18 PA C S 5312G(a)ft), M-Z
The Juvenile had indecent contact with the complainant, caused the complainant to hava-indecent'contact with him or
intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual
desire in the person or the complainant and the person does so without the complainant's conse&i ==
At approximately 1900-192a hours on or about May 27, 20091 juvenile Joseph Kyle SILB0106N put` his left arm around
Paige Lanea FINKENBINDER (W/F/07/06/95) and pulled her into him. SILBAUGH used his right-hand toter
FINKENBINDEWs shorts and underwear. SILBAUGH pulled her right leg open and penetrated her.vagina his finger(s).
When FINKENSINDEWs 10-year-old brother entered the room, SILBAUGH stopped.
Towrishlp? This incident occurred on a couch in the living room of the home of SILBAUGH at 1855 Walnut Bottom Road, Penn
nd County, Pennsylvania.- -- -
® The Petitioner acknowledges that no known aggravating circumstances as defined at 42 Pa C.S. §6302 have been alleged.
? Your petitioner alleges the existence of aggravated circumstances, to wit:
? The identity or whereabouts of the parents is unknown and cannot be ascertained and the parent has not claimed the chip
within three months of the date the child was taken into custody.
? The identity or whereabouts of the parents Is known and the parents have failed to maintain substantial and continuinc
contact with the child for a period of six months.
? The child or another child of the parent has been the victim of physical abuse resulting in serious bodily injury, sexua
violence or aggravated physical neglect by the parent
? The parent of the child has been convicted of the fallowing offense(s), or the attempt, solicitation or conspiracy to commi
the following offense(s), where the victim was a child:
? criminal homicide under 18 Pa. C.S. Ch. 25 (relating to criminal homicide);
? a felony under 18 Pa. C.S. §2702 (relating to aggravated assault), 3121 (relating to rape), 3122.1 (relating t(
statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexua
assault) or 3125 (relating to aggravated indecent assault), to wit:
COMMONWEALTH OF PENNSYLVANIA
'y- 9-88
? a misdemeanor under 18 Pa. C.S. §3126 (relating to indecent assault).
? an equivalent crime in another jurisdiction, to wit:
? The parental rights of the parent have been involuntarily terminated with respect to a child of the parent.
Information available for public disclosure? ? YES ® NO
JUVENILE IDENTIFYING INFORMATION FINGERPRINTED: ® YES ? NO
SS#:211-74-3100 PHOTOGRAPHED: ® YES ? NO
GENDER: ® M ? F DRIVER'S LICENSE: ? YES ONO OLN:
RACE: ®W ? B ? H ? Other SCHOOL DISTRICT: Big Spring GRADE: 8
HT.: 5'6" WT.: 165# Eyes: Brown Hair: Brown EMPLOYMENT: ? YES ® NO
JOTN # 3189306-5 SID # 368-77-90-1
FATHER'S NAME, ADDRESS, & SS#: 208-56-8515 MOTHER'S NAME, ADDRESS & SS#: 186-68-2532
Christopher Michael Silbaugh Crystal Mae Walker
22 N. View Drive 1855 Walnut Bottom Road
Carlisle, Pennsylvania 17015 Newviile, Pennsylvania 17241
Home Phone: 717-243-1065 Work Phone: Home Phone: 717-776-5575 Work Phone:
DATE/TIME TAKEN INTO CUSTODY BY POLICE: N/A DATE/TIME ADMITTED TO DETENTION: N/A AM PM
AM PM _ PARENTS NOTIFIED: ? YES ? NO _
IS CHILD DETAINED? IF YES, WHERE?
? YES ® NO
Wherefore, Petitioner prays your Honorable Court to inquire into the alleged delinquency/dependency of the above juvenile and of the matter:
alleged, and to make such order as deemed appropriate. If said child is found to be a dependent or delinquent child and the Cour
determines that aggravated circumstances exist, your petitioner prays your Honorable Court to determine whether reasonable efforts ti
preserve and reunify the family shall be made or continue to be made and schedule any permanency hearing that may be required.
Further, if said child is found to be a delinquent or dependent child and is to enter placement or commitment, or is otherwise removed fron
his/her home at disposition, your petitioner prays your Honorable Court, prior to entering such order of disposition, to determine whethe
reasonable efforts were made by the CUMBERLAND COUNTY JUVENILE PROBATION OFFICE to prevent such removal of the child iron
his home: or if preventive services were not offered due to the emergency nature of the placement, whether such lack of services wa
reasonable.
If the Court determines, pursuant to 42 Pa. C.S. §6332, that reasonable efforts were not made to prevent the initial removal of the child fron
his home, your petitioner prays your Honorable Court to determine prior to entering an order of disposition under 42 Pa. C.S. §6351 or §635;
whether reasonable efforts are underway to make it possible for the child to return home.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Green, Juvenile Probation Officer, BEING DULY SWORN ACCORDING TO LAW DEPOSES AND SAYS THE FACTS SET FORTH ABOVE
ARE TRUE AND CORRECT TO THE BEST OF THE PETITIONER'S INFORMATION KNOWLEDGE AND BELIEF.
SWORN TO AND SUBSCRIBED BEFORE ME
ONER TITLE/ARRESTING AUTHORITY
THIS, S DAY OF VLF Vt? 20C a`YY1!A , 2? Aa::?'M 't
ROTARY P LIC
WTAWL SEAL
AMY B. HAMILLA, NOTARY PUBM
C RI SSE BORO, CUMBERLAND COUNTY
' "V.' 01MMISSION EXPIRES MARCH 16, 2013
CHRISTOPHER SILBAUGH IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CRYSTAL M. WALKER 2000 - 6802 CIVIL TERM
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, this 14TH day of JANUARY, 2010, we will treat the attached as a
Petition for Modification of Custody. The matter should be referred to conciliation.
B e Co
,
Edward E. Guido, J.
Christopher Silbaugh
"rystal M. Walker
:sld ca a
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CHRISTOPHER SILBAUGH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2000-6802 CIVIL ACTION LAW
CRYSTAL M. WALKER
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, January 19, 2010 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 12, 2010 at 10:30 AM
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for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
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/ Hubert X. Gilroy' Esq_
Custody Conciliator ?f
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
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FEB. ~ fi 2010
CHRISTOPHER M. SILBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA,,
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CIVIL ACTION -LAW - -~
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CRYSTAL M. WALKER, NO. 00-6802 ~;; N
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Defendant
IN CUSTODY ~ ~
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COURT ORDER ~
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AND NOW, this ~
day of February, 2010, upon consideration of the attached C -~
Custody
Conciliation Report, it is ordered and directed as follows:
The undersigned shall hereafter handle the custody matters in the above case.
2. A hearing is scheduled in courtroom" N~o. 4 of the Cumberland County Courthouse
on the ~ day of ~rnG~i~Ci11 , 2010, at ~; O~ ~. m.
At this hearing, the Father shall be the moving party and shall proceed initially with
testimony. Counsel for the parties, or the parties themselves if they do not have counsel,
shall file with the Court and the opposing party/counsel a Memorandum setting forth the
history of custody in this case, the issues currently before the Court, a list of witnesses who
will be called to testify on behalf of each of the parties, and a summary of the anticipated
testimony of each witness. This Memorandum shall be filed at least five days prior to the
mentioned hearing date.
3. A copy of this Order shall be sent to Shannon L. Eberhart of the Cumberland County
Probation Offtce and Ms. Eberhart is requested to attend the above scheduled hearing
to ensure that the Court has all available information to render a decision on custody
matters in this case. Additionally, Ms. Eberhart is requested to contact the custody
Conciliator in the event there are any changes in the living status of the minor child
in light of actions taken in connection with the juvenile proceedings. In the event of
any such changes, the Conciliator may, in his discretion, recommend a modified Order to
this Court addressing the issue of whether the above hearing needs to be rescheduled.
BY THE COURT,
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Kevin .Hess, Judge
Christopher M. Silbaugh
~s. Crystal M. Walker
/I~Is. Shannon L. Eberhart
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CHRISTOPHER M. SILBAUGH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v, CIVIL ACTION -LAW
CRYSTAL M. WALKER, NO. 00-6802
Defendant IN CUSTODY
Prior Judge: The Honorable Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Joseph Kyle Silbaugh, born September 13, 1994.
2. A Conciliation Conference was Held on February 12, 2010, with the following
individuals in attendance:
the father, Christopher M. Silbaugh, and the mother, Crystal M. Walker. Neither
party was represented.
3. This is a pro se petition of the Father to modify the existing custody Orders so that
he would have primary custody of the minor child. The Mother is opposed to this
request and a hearing is necessary.
4. There are a number of complications involved in this case. The child is currently the
subject of juvenile proceedings and is under the supervision of the Probation Office.
The Conciliator spoke with Shannon L. Eberhart who is the probation officer for the
juvenile.
5. Although Judge Guido signed the prior Orders in this case, Judge Hess has been
handling the juvenile proceedings and the minor child has been before Judge Hess.
Judge Hess may be more familiar with the case and, after discussing the case with the
probation officer, the Conciliator feels that Judge Hess maybe in a better position to
handle this entire matter and consider the custody issues in addition to the juvenile
matters. The Conciliator spoke with Judge Guido, and Judge Guido did not object
if the matter gets transferred to Judge Hess assuming Judge Hess agrees.
6. The Conciliator recommends an Order in the form as attached.
Date: Februa (~ 2010 ~/' (r~
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Hubert X. Gilroy, Esquire
Custody Conciliator