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Home My WebLink About01-2180 FX ~" ' 7....' 1, ~ ". V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-2180 CRAIG A. SEYBERT, Respondent/Plaintiff KIMBERLY L. SEYBERT, Petitioner/Defendant CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before the conciliator, at , on the _ day of , 2001, at o'clock, _ m. for a pre-hearing custody conference. At such conference. an effort will be made to resolve the issues in dispute; 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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 ~';;_f '-'_~d_"" . ,'0" '-:~__"-_f' ' '-"'c^-,' <-- ,- , I. . CRAIG A. SEYBERT, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ~IVIL ACTION - LAW 2001 -f) lro CIVIL TERM KIMBERLEY L. SEYBERT, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of . 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , on the day of ,2001 at . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or pennanent order. FOR THE COURT, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 r' '.-, ',,,,-"~--,,_~,"'!!~_ '." ~_,' "', - "". ~';__j",_"", ':C'" ~"'" ",,0, ""f --."":c'.' '''',_' ~,;, _ - '-"-, .'-- -- 1"~" ,'<- """"'_-_e_-"",- -, . "'_',,~_"- -""", '-"'_Coo,,,.__,,, ,_!.",,_,,_. -"- 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 scheduling conference or hearing. l! : - ~-~~, _ _e,,'_ ,"~. ,'i ",~_,,~,,__'_,,___."\,' '-'" , __';."~'___- ~_,~-,,~. ",~ .,"Y. ~ , . , FEB 0 1200z ftl COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES R. MORROW and BONNIE J. MORROW Plaintiffs v. NO. 01-6063 ,/ KIMBERLY L. SEYBERT and CRAIG A. SEYBERT Defendants CIVIL ACTION - CUSTODY ........................................................................................................... COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRAIG A. SEYBERT Plaintiff v. NO. 01-2180 KIMBERLY L. SEYBERT Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, February , 2002, upon Motion to Consolidate Custody Actions Pursuant to Pa. R.C.P. 213, the Court GRANTS the motion, and DIRECTS the Prothonotary to consolidate these actions to # 01-2180. Trial shall commence on March ,2002 .m., Courtroom # 1, Cumberland County Courthouse, Carlisle, Pennsylvania. at No later than ten (10) days before the trial date, each party shall file and serve on all other parties a pretrial memorandum. BY THE COURT: J. Wesley Oler, Jr., J. "--1""'.1 --',' ~ J., _ . . 'd,'_ ,_',_ ~'I ,,_ "Y'"'''''T~-.h. ,"'_~__ SEP 0 4 2001~ CRAIG A. SEYBERT, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-2180 CML TERM KIMBERLY L. SEYBERT, Defendant. IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , on the day of , 2001 at . M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland Coull;ty 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 scheduling conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 ,. .-'-- '":,~;;,_""-__:_""'_T':,;,,,,,,_,?,,: ,- -,,,,.",_.,.,- "co, -:.'Q-;J'--.c.,-. <_~<"'f_!___;_,,!'_ ,4~' , p, __._<~_, i-'- =. ',.. , --',' - ,*---,-,-^'-~-. ""U'._ >"'- ." " CRAIG A. SEYBERT, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-2180 CML TERM KIMBERLY L. SEYBERT, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the within Petition for Special Relief, a hearing is scheduled for , 2001, at o'clock _' m., in Courtroom # _, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. BY THE COURT, J. . " , -'!":d,:-'f~~';""::::''::A'J--::':''''C'-': '(~'_ "'~, -;<~.-. +''''''''''~" '~'"-,,-,,,' ,?-,,,",,'O>' ~I'/, " ",__ ", '"- --~ - -". ,""',> "h. ~'"."",_, ",.""_.,,>..,, , ~ " _~ _,'''' "" _ _., ; ." ~- ~ ~.~ ? CRAIG A. SEYBERT, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 2001-2180 CML TERM KIMBERLY L. SEYBERT, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the within Petition for Special Relief, it is hereby ordered and directed that the parties shall maintain a week on, week off physical custody arrangement as established by Order of Court dated May 21,2001, until further Order of this Court. A hearing is scheduled for , 2001, at o'clock _' m., in Courtroom # , Cwnberland County Courthouse, Carlisle, Pennsylvania 17013. BY THE COURT, J. , _";.'.-.';~~::__~;:_~_~_"",~,~'_'::'1""'!""~?"'_"" ',"" '. ,_~ - ~ '-'0'- _ ._,~ _ _"".' _.Co '-, ,< '^''-' ~, - .' '" , _ l'u' ," '~'__'r__'~ " ~--" .~.- -.., -, . CRAIG A. SEYBERT, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001 - .1. I fa CIVIL TERM KIMBERLEY L. SEYBERT, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this lit..- day of April 2001, comes the Petitioner, Craig A. Seybert, by and through his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody, averring as follows: 1. The petitioner is Craig A. Seybert, an adult individual residing at 2601 Shingus Circle, P. O. Box 201, Grantham, Cumberland County, Pennsylvania 17027. 2. The respondent is Kimberley L. Seybert, an adult individual currently residing at 9 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of one (1) minor child, namely, Kyle H. Seybert, born August 22,1993, age 7 years. "'Co_;'"'" _,~'-J~,"'_c-'''?'_~,q', ., ''', C'"'''''" 1'-." ~7,-'Y' _, "~f'___"_'_"""_'c_"_' d,''''''",.-_,,,,, _~.- -, ~, ''C''. ~_',-" '.- 1'-" - , ,,'_~_ _'__"~2._h .-:.",.. ,-- ,,-.(.-,--' j 4. The minor child is presently staying with Respondent and Respondent's parents at their residence. 5. Respondent and her parents have limited the times that regular periods of visitation and contact with the child take place by Petitioner. 6. Petitioner transports the minor child to school every moming. Respondent's mother then picks the minor child up after school. Petitioner has only been permitted to visit with the minor child for approximately one (1) hour each evening at the Respondent's parents' home. 7. Petitioner desires joint legal custody and joint physical custody with Respondent as can be mutually arranged between the parties. 8. The best interests and permanent welfare of the child requires that the Court grant the Petitioner's request as set forth above. 9. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. . - " , 7 "_'!C-:_,_"'j'_,,~ ,~",-;~~.,7"- '~,-Y---'-"r',-",,_ .'",7 ""-',, ""_-,,,'~__ -,_, _. _ _ ,"',' , - ",,_, .'"d.""'~ _"0"" "I' . .<'.-' 'Y.',,, ,_,,, ." ..,-~_,_._ .~" . -;-"_'O~ _",~ -~,'._ ",c- ":' r'<. - ~..," ~,~,"_ ,..,- 10. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 11. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court granting him joint legal custody and joint physical custody as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~~ '/J\ ~ Douglas . Milier, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner, Craig A. Seybert Date: April-1L-, 2001 '-'~';"i. ',~",'r;',:-'i>:';''''',"''' ,_",,'." __"'" ' - ,'," __'o''','''''__~ ----$0, "", "'.< .p. "" . ->,'>..+1 )" ,""..-~,... ""',"0,,,,., "'''~ , .r,,__ 0_"'~"~_"'~T.;'~- --"" ,-" ,," - VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by my 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 unsworn falsification to authorities. c6~!j!; Date: April 11th .2000 ~ - -:'~-"-,,-,Tt_: -~~ '" - .- -____~ __:"';",,_.,_~ ";_,,,_,~ _"",_,,-,;-~,_~,_____ ,_ """__~_"^"""__~, '~, _,,_ ,. _ _ - _ _ ~ '_' _",." ,~_~_"__ _'_n_ . -'_"', "., '~_'_"''''''"_~?'',-''' _,,,,,,,,~,~, _ _, ~,_,_ _~" _,po'"~ ..-.,_, _~"", '" n ~_ CRAIG A. SEYBERT PLAINTIFF V. KlMBERLEY L. SEYBERT DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2180 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 16, 2001 at 2:30 p.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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds fOr entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. Verney. Esq.tf/ 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 1HE 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 'l'''~1l .,~. . ,.. MAY 1 8 2001fl} . CRAIG A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. CIVIL ACTION - LAW K1MBERLYL. SEYBERT, Defendant NO. 2001-2180 : IN CUSTODY ORDER OF COURT AND NOW, this~dayof ~ ,2001, upon consideration of the attached Custody Conciliation Rep rt, It IS ordered and directed as follows: 1. The Mother, Kimberly 1. Seybert and the Father, Craig A. Seybert, shall have shared legal custody of Kyle H. Seybert, born August 22, 1993. 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. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: a. Pending a psychiatric evaluation, every school morning in order to drive the child to school, two hours every weekday evening at maternal grandparents home at such times as the parties agree, and every Saturday or Sunday for eight hours. Father shall provide one week's notice to Mother as to which day of the weekend that he will exercise his eight-hour period. b. Once a psychiatric evaluation is obtained by Father, it shall be shared through counsel. Ifno questions are raised as to Father's mental health and stability, Father shall have partial physical custody on a week on week off basis once school is in summer recess. These weeks shall be from Sunday to Sunday at 6:00 p.m. and shall continue until school resumes, unless otherwise agreed by the parties. c. In the event that the psychiatric evaluation reveals problems, the schedule provided in Paragraph 3a shall continue, with the morning drive to school excepted during summer recess, unless otherwise agreed by the parties. 4. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child and shall, further, take any k~ ~ - ,A.._, 1 ""< -~ ~ ,--"~"I!' .-. - necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 5. The parties shall be entitled to reasonable telephone contact with the child, as is appropriate considering the age of the child, during the periods when the child is not in the custody of that party. 6. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 7. Transportation shall be as agreed by the parties. 8. The parties may modify the provisions ohhis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 1. cc: Douglas G. Miller, Esquire - Counsel for Father Charles Rector, Esquire - Counsel for Mother i~NI )''- _T~ -,- ". _~I ~ ""..... ,;".l'iffiO ~.,' . CRAIG A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA V. : CIVIL ACTION - LAW KIMBERLY L. SEYBERT, Defendant : NO. 2001-2180 : IN CUSTODY PRIOR JUDGE: None 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 Kyle H. Seybert August 22,1993 Mother 2. A Conciliation Conference was held in this matter on May 16,2001. Father, Craig A. Seybert, was present with counsel, Douglas G. Miller, Esquire, and Mother, Kimberly 1. Seybert, was present with counsel, Charles Rector, Esquire. 3. The parties agreed to an Order in the form attached. S--Ig-O 1_ Date ~~.b-- cq eline M. Verney, Esquire Custody Conciliator ,1J> ~_ . "! ^i - ,,:!\.~ " '-'. . " V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-2180 CRAIG A. SEYBERT, Respondent/Plaintiff KIMBERLY L. SEYBERT, Petitioner/Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Kimberly L. Seybert, by and through her attorney, Charles Rector, Esquire, and respectfully represents the following in support of the within Petition for Contempt: 1. Petitioner is Defendant, Kimberly L. Seybert, in the above-captioned matter. 2. Respondent is Plaintiff, Craig A. Seybert, in the above-captioned matter. 3. On May 21, 2001, an Order of Court was entered following Conciliation between the parties (See Exhibit "A" attached), which required inter alia that Respondent complete a psychiatric evaluation as a result of previous concerns regarding threats of suicide and aberrant behavior on his part. 4. Respondent has refused and failed to obtain a psychiatric evaluation and rather, obtained a psychological evaluation from Jeffrey Pincus, Ph.D., which includes a clinical history provided by Respondent which is false and incorrect in several respects. 5. Petitioner continues to question Respondent's mental health and stability and will do so until and unless Respondent obtains a psychiatric evaluation. ."" ','_" i'~_--,,--_ ,. ,,',-, ."" ;",- c" ,.. r!, "y %- ," \,. WHEREFORE, Petitioner respectfully requests that Your Honorable Court schedule a second Conciliation of this matter so that the issue of compliance and/or contempt can be addressed. RESPECTFULLY SUBMITTED: ~9J~ Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Petitioner/Defendant Date: __ :-n<,~" - ~,--.- '-'c""~_';~j':,:"<_~__~,_,,.., "'~";~'''''''F--'' ,_;-",".,\0_, .__",;,,,_ __ ,_,_" - -""';1' ',--- .' :,-,_ , L -"'-!.,",,-- ,. ... CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the \C\ ~ day of July, 2001, I caused a true and correct copy of the within Petition for Contempt to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Douglas C. Miller, Esquire Irwin, McKnight & Hughes 60 W Pomfret Street Carlisle, PA 17013 Date:. By:fi~Aj Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 < ,,""-'1'- ~..--',,~ ". - -1 ' . ',- 1'-" ,'''''''~~. '" '" JUL-18-2001 05:01 PM MAIS 7177917'977 .. . I verify that the stlltements made herein are true snd correot. I understand that lall. statements herein are made subject to the penllltles of 18 Pa.C,S. Ssotion 4904, relating to unsworn falsification to authorities, o.t.: . '7 hg Ie I , I " ,- ~ ~ ~~ ! , (1..,w.~l , berll/ L, S81/68 ~ P.01 " ~~ ~ " . < MAY '1 8 2ombO CRAIG A. SEYBERT, Plaintiff : IN THE COURT OF, COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA v. : CIVIL ACTION - LAW KIMBERLY L. SEYBERT, Defendant : NO. 2001.2180 : IN CUSTODY ORDER OF COURT AND NOW, this tji day of consideration of the attached Custody Conciliatlo follows: 2001,upon eport, it is ordered and directed as 1. The Mother, Kimberly L. Seybert and the Father, Craig A. Seybert, shall have shared legal custody of Kyle H. Seybert, born August 22, 1993. 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. 2. Mother shall have primary physical cust~dy of the child. 3. Father shall have periods ofpartfal phy~ical custody as follows: a. Pending a psychiatric evaluation, every school morning in order to drive the child to school, two hours every weekday evening at maternal grandparents home at such times as the parties agree, and every Saturday or Sunday for eight hours. Father shall provide one week's notice to Mother as to which day of the weekend that he will exercise his eight-hour period. b. Once a psychiatric evaluation is obtained by Father, it shall be shared through counsel. If no questions are raised as to Father's mental health and stability, Father shall have partial physical custody on a week on week off basis once school is in summer recess. These weeks shall be from Sunday to Sunday at 6:00 p.m. and shall continue until school resumes, unless otherwise agreed by the parties. c. In the event that the psychiatric evaluation reveals problems, the schedule provided in Paragraph 3a shall continue, with the morning drive to school excepted during summer recess, unless otherwise agreed by the parties. 4. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child and shall, further, take anp";""1'TI""];""'~""'.. i'( 11\ Ij I:j ~, .",~~~1;."~,,, ~ , IV ....~&i!:L:Z?,..~~.-I.:;?:1!::::r~;.::~""i>:;;:~ ~.,;:(f """,,,=0;""""___"""""'_""""""')';:'"1 ,'-~, ". - ,- - !" ~ ~ . . necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as helshe deems consistent with the proper medical care of the child. 5. The parties shall be entitled to reasonable telephone contact with the child, as is appropriate considering the age of the child, during the periods when the child is not in the custody of that party. 6. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 7. Transportation shall be as agreed by the parties. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenns of this Order shall control. cc: Douglas G. Miller, Esquire - Counsel for Father Charles Rector, Esquire - Counsel for Mother '-- ,=,. ,.- .. 0_,. , -" ~~, ,~-~ "'-'.f. ". . . CRAIG A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA v. : CML ACTION - LAW KIMBERLY L. SEYBERT, Defendant : NO. 2001-2180 : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT INACCORDANCE~THCUMBERLANDCOUNTYRULEOFClva 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 Kyle H. Seybert August 22, 1993. Mother 2. A Conciliation Conference was held in this matter on May 16, 2001. Father, Craig A. Seybert, was present with counsel, Douglas G. Miller, Esquire, and Mother, Kimberly L. Seybert, was present with counsel, Charles Rector, Esquire. 3. The parties agreed to an Order in the form attached. S--18-0 L- Date ~~.b- cq eline M. Verney, Esquire. Custody Conciliator i""'l"~" ~~''''''''''''''__, , . sc--- _:";";'W:~ "', CRAIG A. SEYBERT PLAINTIFF V. KIMBERLYL. SEYBERT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 01-2180 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 26, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeJacqueliue M. Verney, Esq. , the conciliator, at 4th Floor, Cumberlaud County Courthouse, Carlisle on Wednesday, August 29,2001 at 8:30 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. VernlO'. Esq.dJ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 :-,":Wf;~I,j..~ "f , CRAIG A. SEYBERT, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001 - 2180 CIVIL TERM KIMBERLY L. SEYBERT, , Defendant. IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CONTEMPT AND NOW, this -Jt;.ay of August, 2001, comes the Plaintiff, Craig A. Seybert, by and through his attorneys, Irwin, McKnight and Hughes, and makes the following Answer to the Petition for Contempt filed by Defendant, Kimberly L. Seybert, averring as follows: 1. The averments of fact contained in paragraph one (1) are admitted. 2. The averments offact contained in paragraph two (2) are admitted. 3. The averments contained in paragraph three (3) are denied as stated. It is admitted that an Order of Court was entered on May 21, 2001, following a conciliation between the parties, wherein Plaintiff agreed to obtain an evaluation to fully answer any questions about his health and to alleviate Defendant's alleged concerns. The remaining allegations contained in paragraph :""_' 0 -r,. -:-'!>--i;',-_~' '-'P;-~--~'..,- L," ,<_'1'- q"" ,:"1,,,,,,, ___~" '.'_ .,~"_, ". _ < _ _I .o~ ' ..' "'''_~"'' 1 - .,..,. ,-"', - ,.' - -. -I' :' three (3), including any inferences that Defendant has a history of threats of suicide or aberrant behavior, are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant, by and through her legal counsel, stated at the conciliation, and Plaintiff agreed, that either a psychiatric or a psychological evaluation would be satisfactory. 4. The averments contained in paragraph four (4) are denied as stated. It is admitted that Plaintiff, by and through his legal counsel, has refused to obtain a second evaluation in addition to the complete evaluation already performed by Jeffrey Pincus, Ph.D. The remaining allegations contained in paragraph three (3), including any inferences that Plaintiff provided false information, are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant, by and through her legal counsel, stated at the conciliation, and Plaintiff agreed, that either a psychiatric or a psychological evaluation would be satisfactory. 5. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph five (5) so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant, by and through her legal counsel, stated at the conciliation, and Plaintiff agreed, that either a psychiatric or a psychological evaluation would be satisfactory. Furthermore, Defendant does not allege in her Petition, nor have there occurred, any incidents to justifY her alleged continued concerns. '".~ ',"",-" _-'Fi' ,,';H'," ',"~ /i':f_C;'-- .'. _ '<,~-,.~'''''"f'(;"",~;_c,~_I:',, ~'O ,,> "l"-- .,..,-P'___, ',' -"";1""1' ,.f ",,,t!- -.- ~ WHEREFORE, Plaintiff, Craig A. Seybert, respectfully requests this Honorable Court to dismiss Defendant's "Petition for Contempt." Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: Dated: August k 2001 Douglas G. er, Esquire Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Craig A. Seybert " T, ~ ,. i ~ "'-"'- - 'f--.'-, ,...,_ ;_,~_,_.," ..y.. ""_ ,",,-'_ - - m _,_""..4__,_, - ,,__, t, ---~;--I-: _," ,~," ~_ "'.>:'11,"",' ,">." ",;"",,", --~,-,- ." ,'~ VERIFICATION The foregoing Complaint is based upon information which has been gathered by my 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 unsworn falsification to authorities. ~.t2~~L/ C GA. SE 1lT Date: August 16 ,2001 1;,,j'O"""'F" - -~ '-"_'O',~,'5,!:""~"-<"',7'co,,,__,,,,,"','}',, ""-"",'_:._ -___.'_,_,-~.,;,,~<__~_ '1" _' _'''''',_ < _0Ef "0', -, '-'(" -'''-'f'.' '_,', c, ",_'~_ _ ;,,_~-"'" ~_ I" - - - "'~__". '''',,-,," ,,",,",~.-' "I ","'- ","-.W:'~ . >,~ ,~, '-0' ",,-_,., - __~, c. - , ," ~-; , . CRAIG A. SEYBERT, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001 - 2180 CIVIL TERM KIMBERLY L. SEYBERT, Defendant. IN CUSTODY CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certifY that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Date: August 16,2001 IRWIN, McKNIGHT & HUGHES Douglas . Miller, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Craig A. Seybert g'" ~ " ',~,-' 0" -, '~'-".__ _"~'_7~'" ',"":-_,"~;~",",~:,_,"_"~_"_~' 'Y'~"" -'",.,__ ),'"., --1 '-"'--"-"'--''',,'- CRAIG A. SEYBERT, Petitioner : IN THE COURT OF COMMON PLEAS OF , : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-2180 CML TERM KIMBERLY L. SEYBERT, Respondent IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 3/S"day of August, 2001, comes the Petitioner, Craig A. Seybert, by and through his attorneys, Irwin, McKnight & Hughes, Esquires, and files this Petition for Special Relief making the following statement: 1. The Petitioner is Craig A. Seybert, an adult individual residing at 2601 Singus Circle, P. O. Box 201, Grantham, Cumberland County, Pennsylvania 17027. 2. The Respondent is Kimberly L. Seybert, an adult individual residing at 917 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties were married on February 6, 1993, and Respondent filed a divorce action on or about May 4, 2001 with the Court of Common Pleas of Cumberland County, Pennsylvania. Said divorce action is docketed at 2001-2716 Civil Term. < .. '~1;,'.~-- "-'"'~o-T-'1- e,-- ~ '-~_'et,." .', . . 'I'": ~- 'r--''!''__'_'~' ',.fY.,. ~"-,:_,__-,~ _ ~-,__~_ ' _,<__ - 1"'-- ,','.>; ..,....,"',"" --"",','_''h_ ~ < - - <',. "~~-~---"';"-" h'_, 4. The parties are the natural parents of one minor child, namely, Kyle H. Seybert, born August 22, 1993. 5. Petitioner filed a Petition for Custody on April 12, 2001, for which a Conciliation Hearing was held on May 16, 2001. A true and correct copy of said Petition is attached hereto and incorporated herein as Exhibit "A." 6. At said Conciliation on May 16, 2001, Respondent, by and through her legal counsel, requested that Petitioner obtain either a satisfactory psychiatric or a satisfactory psychological evaluation before she would agree to overnight custody of the parties' minor child. 7. In an effort to fully and fmally resolve Respondent's questioning of his mental health and to establish a week on, week off custody arrangement, Petitioner agreed to obtain either a psychiatric or a psychological evaluation. 8. An Order of Court was entered on May 21, 2001 setting forth the custody arrangement between the parties. A true and correct copy of said Order is attached hereto and incorporated herein as Exhibit "B." 9. Paragraph 3(b) ofthe Order dated May 21,2001, incorrectly states that Petitioner agreed only to obtain a psychiatric evaluation. ^'> N(~' __~'\~-_~"r ,"'''' c_'-<-'1~ _ ":~'f~'_ f-~"",'- ,..., M_"_' "~ O. _, _ ,- , _,"--'" -,,:::_,<_',' ?- ,,' ','T," '_'''_~_':___'_''_" .C_'_',_'.__, '_ "~",_,_,_,, ,-," -' -~ "~~,-,,. 10. Petitioner contacted several individuals and medical groups, both psychologists and psychiatrists, in an effort to obtain an evaluation. 11. Said individuals and medical groups refused to perform an evaluation because it related to a child custody matter. 12. Petitioner then contacted Rieger Shienvold & Associates and a psychological evaluation was performed by Jeffrey Pincus, Ph.D. on or about June 12, 2001. 13. Dr. Pincus's fmdings were favorable and he felt Petitioner was capable of having overnight custody of his son without placing the child in any risk of harm. Furthermore, Dr. Pincus did not recommend that Petitioner obtain additional counseling. 14. A copy of the report by Dr. Pincus dated June 26, 2001, was immediately provided to legal counsel for Respondent, and the week on, week off schedule began on or about July 8, 2001. 15. On or about July 19,2001, Respondent filed a Petition for Contempt objecting to the evaluation by Dr. Pincus, and a second Conciliation Hearing was held on August 22, 200 I. 16. Although the Conciliator did not find that Petitioner was in contempt, and although the parties did not reach an agreement regarding the future custody schedule, an Order "-~_ _ _ _ J - ,Po >;,,_, 'C'"",,",,' -~ - ,~. 'l' % .,,_ _ _"~ _"O:":"_."'c;:,:w,_"'~' _ __".''''1 "'i'',;'' " 1"~_-' - "-.'1' ~___'_ _'__r _ _~ ,M. 'H~'_ _ __,~"" .,.- ,r-' _"",_ ,H >_ , _.'_ _ _._~, ~ , of Court was entered on August 27, 2001. A true and correct copy of said Order is attached hereto and incorporated herein as Exhibit "C." 17. Despite the fact that Petitioner's psychological evaluation was favorable and that Respondent admitted that there have not been any incidents either since the parties' separation on March 25, 2001 or over the summer to warrant concern, Respondent refuses to continue the week on, week off schedule and requests that Petitioner take additional time from work and pay additional expenses to obtain a second evaluation. 18. The parties reside within the same school district, live only approximately one mile apart, and have similar work schedules. 19. Petitioner seeks an Order of Court relieving him of the unnecessary obligation of obtaining a second evaluation, and restoring the week on, week off custody arrangement pending another custody conciliation between the parties. 20. The best interests and permanent welfare of the child require that the Court grant the Petitioner's requests as set forth above. WHEREFORE, the Petitioner, Craig A. Seybert, respectfully requests that this Honorable Court enter an Order of Court relieving him of the unnecessary obligation of -~ -", '",,' ",H",_,~,__,,~:__ . _ _ ,_'< _ _"','~ ',"".ec,., _-c-.,_~ ,Co',:' '_ ~'-""~'S''''''' '""'1,, ""f':, .._ , h'" ',"7-,>"" ''';j;' ,. 'J """"_,,"^_,,~,,_,_,"_, --:~, .'--~' '''r..''_'_' obtaining a second evaluation, and restoring the week on, week off custody arrangement pending another custody conciliation between the parties. Date: August 31, 2001 '-.- '_7-F.,~.._ _-,-1-_' ._, -:_":"_-_'W___~__'~'" ".-T_"'"'_ ,~"~,_-,,,,~-__, ,,,,p. - ___oj'___ Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~-I/~. Dougla . Miller, Itsquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner, Craig A. Seybert . _," ,_v. "'" . "<''''J'>'"'''''', _,"', 0_, ,_ .,.", ,- ",,"',." _ _~__ ',,"__~ __~_ VERIFICATION The foregoing Complaint is based upon information which has been gathered by my 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 unsworn falsification to authorities. ~d'F eRAJ ~. SEYBE Date: August 31 ,2001 ;~,- T-"'_C;~., ".; ^'~<_'1i!""''''''''''V'<_, ,"" ".n !"j' ,_"_~ -'X"," '." ,_,~< ""'.n ,- .......v " 1-. ..... ..... .....,,<< ~,,,'""" .. ,'_ ~~_ __. ~<~=;_u '.'._,",.., ,,-- CRAIG A. SEYBERT, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 2001 - CIVIL TERM KIMBERLEY L. SEYBERT, Respondent IN CUSTODY PETITION FOR CUSTODY -';: , . AND NOW, this llt.- day of April 2001, comes the Petitioner, Craig A. Seybert, by and through his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody, averring as follows: 1. The petitioner is Craig A. Seybert, an adult individual residing at 260 I Shingus Circle, P. O. Box 201, Grantham, Cumberland County, Pennsylvania 17027. 2. The respondent is Kimberley L. Seybert, an adult individual currently residing at 9 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of one (1) minor child, namely, Kyle H. Seybert, born August 22,1993, age 7 years. ,l.,,~ , ,.,. , . > _ _ " ,"'i '.' ,. -~, ",~- " , ' ., d' 4. The minor child is presently staying with Respondent and Respondent's parents at their residence. 5. Respondent and her parents have limited the times that regular periods of visitation and contact with the child take place by Petitioner. 6. Petitioner transports the minor child to school every morning. Respondent's mother then picks the minor child up after school. Petitioner has only been permitted to visit with the minor child for approximately one (1) hour each evening at the Respondent's parents' home. 7. Petitioner desires joint legal custody and joint physical custody with Respondent as can be mutually arranged between the parties. 8. The best interests and permanent, welfare of the child requires that the Court grant the Petitioner's request as set forth above. 9. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. -',~ -, " ~_, I r-. . t. ,'~ ~~, ~ '~ --, "'" "' .. 10. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. II. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court granting him joint legal custody and joint physical custody as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~'A(AA/ x:i ~ Dougla~er, Esquire Supreme Court LD. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner, Craig A. Seybert Date: April---1L-, 2001 ..", ~ <-. '-"~ "," -, .-, -- , ,,- m MAY 1 S'ZOOl.fiJ CRAIG A. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. : CIVIL ACTION - LAW KIMBERLY L. SEYBERT, Defendant : NO. 2001-2180 : IN CUSTODY ORDER OF COURT .J )st AND NOW, this J- day of consideration of the attached Custody Conciliation follows: ,2001, upon eport, it is ordered and directed as 1. The Mother, Kimberly 1. Seybert and the Father, Craig A. Seybert, shall have shared legal custody of Kyle H. Seybert, born August 22, 1993. 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. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial 'physical custody as follows: a. Pending a psychiatric evaluation, every school morning in order to drive the child to school, two hours every weekday evening at maternal grandparents home at such times as the parties agree, and every Saturday or Sunday for eight hours. Father shall provide one week's notice to Mother as to which day of the weekend that he will exercise his eight-hour period. b. Once a psychiatric evaluation is obtained by Father, it shall be shared through counsel. Ifno questions are raised as to Father's mental health and stability, Father shall have partial physical custody on a week on week off basis once school is in summer recess. These weeks shall be from Sunday to Sunday at 6:00 p.m. and shall continue until school resumes, unless otherwise agreed by the parties. c. In the event that the psychiatric evaluation reveals problems, the schedule provided in Paragraph 3a shall continue, with the morning drive to school excepted during summer recess, unless otherwise agreed by the parties. 4. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child and shall, further, take any ^~~- ,-- 'I _ ~~_~_ j- '-0"'- - _ ,'. ~ necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 5. The parties shall be entitled to reasonable telephone contact with the child, as is appropriate considering the age of the child, during the periods when the child is not in the custody of that party. 6. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 7. Transportation shall be as agreed by the parties. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenus of this Order shall control. J. cc: Douglas G. Miller, Esquire - Counsel for Father Charles Rector, Esquire - Counsel for Mother - ....h....;" ~ , CRAIG A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. : CIVIL ACTION - LAW KIMBERLY L. SEYBERT, Defendant : NO. 2001-2180 : IN CUSTODY PRIOR JUDGE: None 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 Kyle H. Seybert August 22, 1993 Mother 2. A Conciliation Conference was held in this matter on May 16, 2001. Father, Craig A. Seybert, was present with counsel, Douglas G. Miller, Esquire, and Mother, Kimberly L. Seybert, was present with counsel, Charles Rector, Esquire. 3. The parties agreed to an Order in the form attached. S--18-() I Date ~ ill, tL.~_ cq eline M. Verney, Esquire Custody Conciliator "-, '-,',-,> < AUG 2 420mdJ CRAIG A. SEYBERT, RespondentlPlaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. CIVIL ACTION - LAW KIMBERLY L. SEYBERT, PetitionerlDefendant : NO. 2001-2180 : IN CUSTODY ORDER OF COURT ANDNOW,this )7~ dayof ~".J- ,2001,upon consideration of the attached Custody ConciJia . on Report, it is ordered and directed as follows: 1. The provision in the prior Order of Court dated May 21, 2001, requiring Father to obtain a psychiatric evaluation hereby remains in full force and effect. All other provisions of the prior Order are hereby vacated. 2. The Mother, Kimberly 1. Seybert and the Father, Craig A. Seybert, shall have shared legal custody of Kyle H. Seybert, born August 22, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: a. Alternating weekends, from Friday at 6:00 p.m. to Monday morning when Father shall take the child to school. b. On the off weekend from Friday at 6:00 p.m. to Saturday at times as agreed by the parties. c. One weekday evening <(very week from 5:00 p.m. to 7:30 p.m. to coincide with the child's soccer practice. Father shall advise Mother of which weekday he has selected at the beginning of the week. 5. Holidays shall be shared as agreed by the parties. 6. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. ";;,11, _ ,--- - .', -. ,~ . , .. ,. , . \ 7. The parties shall be entitled to reasonable telephone contact with the child, as is appropriate considering the age of the child, during the periods when the child is not in the custody of that party. 8. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 9. Transportation shall be as agreed by the parties. 10. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenns of this Order shall control. BY THE COURT, '~;l Lu.~/.1. (011). Q- 1. e ey Oler, J. J. ' cc: Douglas G. Miller, Esquire - Counsel for Father Charles Rector, Esquire - Counsel for Mother TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the s~1 of Said Court a.t Carlisle, Pa. This -2 f::;:;,day of ~; ~. ;2.co J .. 0. . ~ I A ~~ Prothonotarf ''" '" ';-'T ,--, , ".,-~ ,,~- , , r \ CRAIG A. SEYBERT, RespondentJPlaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. CIVIL ACTION . LAW KIMBERLY L. SEYBERT, PetitionerlDefendant : NO. 2001-2180 : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator subrnits 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 Kyle H. Seybert August 22, 1993 Mother 2. A Conciliation Conference was held in this matter on August 22, 2001. Father, Craig A. Seybert, was present with counsel, Douglas G. Miller, Esquire, and Mother, Kimberly 1. Seybert, was present with counsel, Charles Rector, Esquire. 3. The matter came before the Conciliator on a Petition for Contempt of the prior Order of Court dated May 21, 2001. I do not find that Father intentionally violated the prior Court Order in that, on the advise of counsel, he obtained a psychological evaluation instead of a psychiatric evaluation as was required by the prior Order of Court. 4. Father requested physical custody continue on a week on/week off schedule which Mother permitted during the summer despite Father's failure to abide by the letter of the Court Order. Mother objected to week on/week off during school. Father has not filed to modify the prior order, so procedurally I did not believe the modification requested by Father should be considered. Mother did agree to increased contact, but not week on/week off. Father objected in principal, but was willing to accept the additional times until a Petition to Modify and another Conciliation Conference could be scheduled. In that limited respect, the parties agreed to an Order in the form attached. f-"," , , f"A - , g-:~4-0( Date 6rQ. Ih.~' cqu ine M. Verney, Esquire Custody Conciliator . ~".-- ~ ~r", =:- ., , CRAIG A. SEYBERT, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-2180 CIVIL TERM KIMBERLY L. SEYBERT, Defendant. IN CUSTODY CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 CampHill,PA 17011-6912 IRWIN, McKNIGHT & HUGHES By: ~ 4 ;U;J/JA Douglas G . er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Craig A. Seybert Date: August 31, 2001 ';, 'ir :,~,?",>,_~__ -,,, ,,'~~_ -;-_~_ <;'__'''J~,,-'''' _~,~'" ~":7-'"'- -'".. _;-,_'c_:__'('~ ',-~. , ,-' _I ~-" - .-,'"""""_ '," ",<"-- '",e,_ -,=. f : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CRAIG A. SEYBERT, Plaintiff, v. CML ACTION - LAW 2001-2180 CIVIL TERM KIMBERLY L. SEYBERT, Defendant. IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this ~day Of~, 2001, comes the Plaintiff, Craig A. Seybert, by and through his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Modification of Custody Order, averring as follows: 1. The Plaintiff is Craig A. Seybert, an adult individual residing at 2601 Shingus Circle, P. O. Box 201, Grantham, Cumberland County, Pennsylvania 17027. 2. The Defendant is Kimberly L. Seybert, an adult individual currently residing at 917 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On May 21, 2001, an Order of Court was entered in this matter establishing a custody schedule for the parties with regard to their minor child, namely, Kyle H. Seybert, born August 22,1993. l;y .' "~-', >'::"t-~~,^,~_"1"- '_ '~'i, -,' ii-J .~o_-" ,?' -,~.-= . ". '" ",o'~_~ ., . ;, "~, "'," .,'''~. ",_""C" .' ".- _, _ "_,, "__I ,,' ",-"""._,. ", c~ , 4. The Order of Court dated May 21, 2001, provided for a physical custody schedule on a week on, week off basis during the summer recess from school. 5. The Order of Court dated May 21, 2001, did not provide for a physical custody schedule once the summer recess ends and the minor child resumes school attendance. 6. On or about July 19, 2001, Defendant filed a "Petition for Contempt" regarding only the matter of whether Plaintiff's psychological evaluation from Jeffrey Pincus, Ph.D., complies with both the Order of Court and the agreement of the parties at the conciliation held on May 16, 2001. 7. Defendant did not allege in her Petition that there have been any incidents since the conciliation conference to justify her alleged concerns. 8. The parties have in fact maintained the existing week on, week off schedule without any significant problems. 9. The parties reside within the same school district, and in fact live only several miles apart. .,:"=-~ --<]-~;_"""""c,},,,_,.,,,_;___,,, .~ ',~,,- '-,,-,__~,,";_-_:.~. -,"',J '-",.,- "c' , ,~_ " "I'" '.'-';'--~,-~ ,,,,-'. ~'._~-'- ,...-, - -' -~ "-- ._-~~-" 10. The parties also work similar hours at their respective places of employment, and have continued to use Defendant's parents as the primary source of care for their minor child when they are at work. 11. On August 27, 2001, another Order of Court was entered in this matter in which the Conciliator did not [md that the Plaintiff was in contempt, but which ended the week on, week off custody arrangement, pending another evaluation by Plaintiff. 12. On this date, Plaintiff has concurrently filed a Petition for Special Relief seeking relief from the requirement of a second evaluation with which he did not agree. 13. Plaintiff requests that the Custody Order be modified to provide that the parties share joint physical custody on a week on, week off basis through the entire year. 14. The best interests and permanent welfare of the child require that the Court grant the Plaintiff's requests as set forth above. -'.-O~-"'-'- ;'^.o,' "w_~,'___, "'>~~"'....,_ ___""_;~,__~~,,,_ ."_", ,,,_,~,./,,,,,, 1--~,,-- "-~- -,>_,:"c~"," ,~_ -""_,at-~,' ,__,,_. " .. ."0"" .-~~, __,,~ " WHEREFORE, Plaintiff respectfully seeks the entry of an Order of Court denying Defendant's "Petition for Contempt" and granting Plaintiffs petition to modify the current custody schedule as proposed herein. Date: August 31, 2001 "',"Y'"";_) , ~ - "\""-', -.,- - - - - -', ,0,. r "_"> ,-~c'~,-",'~- "___,~,> '" Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~M1!:E~~ Supreme Court LD. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Craig A. Seybert -- I -~ ~-__ ,~---"" ,', """,- <.- ---~<-,~,-,- , - "- -'" -'='-~""~-,,",,", , . VERIFICATION The foregoing Complaint is based upon information which has been gathered by my 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 unsworn falsification to authorities. ~.&VV eRA/< A. SEY~ER Date: August 31 ,2001 \ ,_.c"^ ;-":-';~-" ,'~Nc <"f""r~ - ~ -'~,"-"P"'''.''~_ ",-',<_A. :.; ,,~'~"_""';' , ,,-,"-,__._,~~ ",_~-,1-1' _ _~___"",". 11 ~"_' .e,. ,., ,p ,'~ '.'-""= '- ",,'~. '-,-, < ,"--- . . CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Charles Rector, Esquire 1104 Femwood Avenue, Suite 203 CampHill,PA 17011-6912 IRWIN, McKNIGHT & HUGHES By: D~{ES!iM^ Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner, Craig A. Seybert Date: August 31, 2001 l-'!" "'~ "J/< -',"0" . _, -"".- "" , -'''lo'_''" .' ..'-~" " - " ",,~ 1-'" - ., .,T. """~__"'_ "',"'-C-,'_,"_ , C_;".,_""", '.-" ,~,",,' --- "" -~. CRAIG A. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KIMBERLY L. SEYBERT, Defendant NO. 01-2180 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of September, 2001, upon consideration of Plaintiffs Petition for Special Relief, and it appearing that Plaintiff is requesting that the court rewrite the parties' agreement as expressed in the order of court dated August 27, 2001, the petition is denied. BY THE COURT, Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Charles Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Defendant ~ ~ q.O?o! " C}w.~ 0 0 0 c: -n <: (....') :;:1 -o()} ,.., [P.r')'l " ~...; --n t,;;::.:: Z::U :g8 zr;: I en _;,; -.J -<;.., <;--?: (:, ,<,0 :> ~'i - -'1 :Pc; (') ::.: ~,:~:~~ ~2 'P. csm z "-> ~ :<! (7"\ ~ :rc '-n,"_.,"_.'". ,__v -~____',",-'___' :-_., T,_' -,- -- -~ '," . - -- -- -~- " CRAIG A. SEYBERT PLAINTIFF V. KIMBERLY L. SEYBERT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2180 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 07, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 03, 2001 at 10:30 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Specialllelief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. VernfO'. Esq.M Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~,4)""""", '" ',- -1' ~~-~--- ';- 0' -~""-_. , " CRAIG A. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KIMBERLY L. SEYBERT, Defendant NO. 01-2180 CIVIL TERM JAMES R. MORROW and BONNIE J. MORROW, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KIMBERLY L. SEYBERT, Defendant NO. 01-6063 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of February, 2001, upon consideration of the Motion to Consolidate Custody Actions Pursuant to Pa. R.C.P. 213, and the motion for continuance, filed February 1,2002, the motion to consolidate is granted. Upon relation of Douglas G. Miller, Esq., that he opposed the continuance, the motion for continuance is denied. The custody hearing previously scheduled for February 6, 2002, shall remain as scheduled. BY THE COURT, . 1'''''1'''.'_: . -".:"-,"." .. "" . ;-'~" ~~ - ", .>. , , . /r' {, Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, P A 1710 1 Attorney for James R. Morrow al)d Bonnie J. Morrow / Douglas G. Miller, Esq. 60 West Pomfret Street 7 Carlisle, PA 17013 Attorney for Craig Seybert / Charles Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Kimberly L. Seybert :rc "-.\"-'". _ - ,. , o' " _' ,>' ". . _ , _ ,> ~ . __._~. . - n_ _, __~_'^_ , L. .~ O::.:lRY\3 "--.""' , f' Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES R. MORROW and BONNIE J. MORROW Plaintiffs v. NO. 01-6063 Civil Term KIMBERLY L. SEYBERT and CRAIG A. SEYBERT Defendants CIVIL ACTION - CUSTODY PLAINTIFFS' MOTION TO CONSOLIDATE CUSTODY ACTIONS PURSUANT TO PA. R.C.P. 213 I. On October 23, 2001, Plaintiffs James R. and Bonnie J. Morrow ("Grandparents ") instituted the instant custody action. 2. Grandparents seek partial custody of their grandson, Kyle Seybert (dob: 08/22/93) . 3. Defendants Kimberly L. Seybert ("Mother") and Craig A. Seybert ("Father") are Kyle's parents. 4. At the January 31, 2002 custody conciliation conference, Grandparents submitted to defendants and the conciliator their proposed custody order. A copy of the order is attached as Exhibit I. 5. Mother agrees with the terms of Grandparents' proposed custody order. *_..,. " -I' - "'> -" ~.. . ~ .~ , 6. Father opposes paragraphs 2, 3, and 5 of Grandparents' proposed order. 7. Because no agreement was reached at the conciliation conference, the conciliator is forwarding her conference summary to the court, and the case will be set for trial. 8. Father and Mother also are the plaintiff and the defendant, respectively, in a related custody action docketed to # 01-2180. 9. At the January 31,2002 custody conciliation conference, Grandparents requested that Mother and Father agree to consolidate the custody actions for trial. 10. Mother concurs in the consolidation request. 11. Father opposes the consolidation request. 12. The court has the authority to consolidate the custody actions under Pennsylvania Rule of Civil Procedure 213, which provides in relevant part: In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court on its own motion or on the motion of any party may order a joint hearing or trial if any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay. Pa. RC.P. 213 (a). 13. Instantly, the custody actions involve common questions of law and fact. 14. The actions involve the same parents and the same child. 15. The actions involve issues arising from the same occurrence, i.e., Father's threat, made directly to Grandparents, to commit suicide last year. See also infra' 19. 2 ...,JlW r '''.._~_,_ 1 ", 16. Mother will call Grandparents to testify on her behalf at trial of the parents' action, which is set for February 6, 2002. 17. Grandparents intend to call Mother to testify in their case- in-chief. 18. Trying the custody actions together is sound judicial administration, and will further judicial economy. See also the Comment to Rule 213: Rule 213 as amended applies where the actions involve the same or different persons and the court may provide for a joint trial, consolidate the actions or make such other order as it deems appropriate. Whereas Rule 1020(d)(1) is mandatory, Rule 213 will be permissive and any action taken by the court will be discretion- ary. But the basis of both rules is the avoidance of multiple trials and proceedings involving common facts or issues arising from the same transaction or occurrence. The avoidance of duplication of effort is a benefit to both parties and the courts. 1990 Explanatory Comment to Rule 213(a) (emphasis added). 19. Assuming that the court consolidates the custody actions for trial, Grandparents cannot try their case properly on February 6, 2002, in part because Father has not secured the psychiatric evaluation ordered by the court in the parents' action. 20. Additionally, Grandparent James R. Morrow is self-employed, and under contract to perform services for the Commonwealth at 10:00 a.m. on February 6, 2002. 21. Mother's and Father's periods of custody are governed presently by the interim custody order in place in the parent's actions. 22. Consolidation of the custody actions will not prejudice any substantial right of any party to the actions. 3 'k~'_)l:llI_pr_,~_r . 1 .~ - Wherefore, Plaintiffs respectfully request the court to grant their motion to consolidate the custody actions at # 01-6063 and # 01-2180 for trial, and to set a trial date after March 1, 2002. f4~~~ Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiffs Date: January 31, 2002 4 :1:" --.1-0-,' ' , ,C _ ~_ .. , . , PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service via fax and first class mail addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 Attorney for Defendant Kimberly L. Seybert Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Craig A. Seybert fh~~~ Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiffs Date: February 1, 2002 "\L'!filWl~~ ".~ ~'_"" '1'" ~ , '"," - _" . n_ < . . ,-. J " ~. CRAIG A. SEYBERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KlMBERL[ ]Y L. SEYBERT, Defendant -'NO. 01-2180 CIVIL TERM JAMES R. MORROW and BONNIE J. MORROW, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW KlMBERL Y L. SEYBERT and CRAIG A. : SEYBERT, Defendants NO. 01-6063 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of February, 2001, upon consideration of Plaintiffs' custody complaints in the above-captioned matters with respect to custody of Kyle H. Seybert (d.o.b. August 22, 1993), who is the child of Craig A. Seybert and Kimberly L. Seybert and the maternal grandchild of James A. Morrow and Bonnie J. Morrow, and following a hearing held on February 6, 2002, and based upon the best interests of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parents. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the father at the following times: a. During the school year, >o!.i~ ~-, ~ , -~- - ,. 1 _Wi ." , (1) On alternating weekends, from Friday at 6:00 p.m. until Monday morning when the father shall take the child to school; provided, that when the Monday of such a weekend is a federal holiday the period of temporary or partial physical custody shall extend to Tuesday morning; (2) On the off weekend from Friday at 6:00 p.m. to Saturday at 6:00 p.m. (3) On Wednesday evenings from 5:00 p.m. to 7:30 p.m. (4) During Christmas vacation from Christmas Day at 2:00 p.m. until December 31 at 2:00 p.m. (5) On Thanksgiving Day from 3:00 p.m. until 7:30 p.m. b. During the summer, for three consecutive weeks at the beginning of the summer and three consecutive weeks at the conclusion of the summer. c. ,Notwithstanding the foregoing, the father shall have physical custody of the child on Father's Day and the mother shall have physical custody of the child on Mother's Day. 4. The parents shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each parent shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 5. In the absence of any evidence of estrangement between the mother and maternal grandparents of the child, and in view of the award herein of primary physical custody of the child to the mother, an award of physical custody of the child to the maternal grandparents is not deemed necessary or appropriate to the best interests of the child. 6. Nothing herein is intended to preclude the parents from deviating from the terms of this agreement by mutual agreement. ''''"_','',"_e~_,'',,"''''''-''f!'F'''!''_~~ nlll, ..... . 0 ~,_,_ " Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for James R. Morrow and Bonnie J. Morrow Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Craig Seybert Charles Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Kimberly L. Seybert :rc ,~,-"",-"-,,,,,,,~,-,,,,,,,,,",,,,,,,~"I"~~ ~, ..., ~ ....._~. BY THE COURT, ",OV . ).0 ~~ ,-,%t~!':'\),\~jf;:i '.;~ :,"i " . AUG 242001tP CRAIG A. SEYBERT, RespondentIPIaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA V. , , : CIVIL ACTION - LAW KIMBERLY L. SEYBERT, PetitionerlDefendant : NO. 2001-2180 : IN CUSTODY ORDER OF COURT , ANDNOW,this .:l7g..- daYOf~A'..r ' ,,',200I,upon consideration of the attached Custody ConciIia on Report, it is ordered and directed as follows: I. The provision in the prior Order of Court dated May 21, 2001, requiring Father to obtain a psychiatric evaluation hereby remains in full force and effect. All other provisions of the prior Order are hereby vacated. '. 2. The Mother, Kimberly L. Seybert and the Father, Craig A. Seybert, shall have shared legal custody of Kyle H. Seybert, born August 22, 1993. Eachparent shall 'have an equal right, to be exercised jointly with the other p;trent, to make all niajor non- emergency decisions affecting the child's general well-being including, but not liinited to, all decisions regarding his health, education and religion. 3. Mother shall have primary physical custody of the child. 4. Fathershall have periods of partial physical custody as follows: a. Alternating weekends, from Friday at 6:00 p.m. to Monday morning when Father shall take the child to school. b. On the off weekend from Friday at 6:00 p.m. to Saturday at times as agreed by the parties. ' c. One weekday evening every week from 5:00 p.m. to 7:30 p.m. to" coincide with the child's soccer practice. Father shall advise Mother of which weekday he has selected at the beginning of the week. 5. Holidays shall be shared as agreed by the parties. 6. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as helshe deems consistent with the proper medical care of the child. · " J/CIilor ~ ":t~;"'I!fI;";rj';oi'1!JI!'~~,-' ,- ~ ~ ~, ~" r ~ g;~s,.~:4::~;nj;Y'$'f !ii. 7. The parties shall be entitled to reasonable telephone contact with the child, as is appropriate considering the age of the child, during the periods when the child is not - in the custody of that party.. . 8. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 9. . Transportation shall be as agreed by the parties. . 10. The parties may modify the provisions of this Order by mutual consent. In the absence ofmutuaI consent, the terms of this Order shall control. BY THE COURT; Isla lUp-J'1f (PJ,,~C). j, Wesfey Oler, It. I. -. cc: Douglas G. Miller, Esquire - Counsel for Father Charles Rector, Esquire - Counsel for Mother . fRye COpy FROM RECORD I n TestImony whereof, I here uoto set my haM and the seal of saId Coort at CarlIsle Pa ThO ,,2.8'\;- () -' . IS. day of '';;';:~~~ ~JI (kr~ G - ,. . ,_. Prothonlltarj ;~ ~> " ,an 81 02 04:26p Riegler, Shienvold LAsso 717-540-1416 p.2 Cuniculum Vitae JEFFREY PINCUS PERSONAL DATA Residence: 2020 Rock Fall Road Harrisburg, Pennsylvania 17110 (717) 652-6109 Office: 2151 Linglestown Road, Suite 200 Harrisburg, Pennsylvania 17110 (717) 540-1313 EDUCATION B.A. Psychology/Sociology, State University of New York at Buffalo, Buffalo, New York. 1972. M.A. Psychology, Kent State University, Kent, Ohio. 1975. Ph.D. Psychology, Kent State University, Kent, Ohio. 1977. LICENSURE AND CERTIFICATION Pennsylvania Psychology License, No. PS-003472-L. Certificate of Proficiency in the Treatment of Alcohol and Other Psychoactive Substance Use Disorders, No. ADOOI076, American Psychological Association College of Professional Psychology. Certificate of Professional Qualification in Psychology, No. 391, Association of State and Provincial Psychology Boards. PROFESSIONAL ASSOCIATIONS American Psychological Association Eastern Psychological Association Pennsylvania Psychological Association (Fellow) President (1996-1997) President, Public Sector Division (1993-1995) PlAINTIFPS EXHIBIT 'd-Iulo f /'7'-< .~ - _ c -.-, , ~al') ~1 02 04:26p . 1 Shienvold LAsso Rleg er, 717-540-1416 p.3 1 BOARD OF DIRECTORS MEMBERSHIPS Treatment Resources Collaborative (1988-1990) Dauphin County Counseling Center, President (1991-1994) Pennsylvania Psychological Political Action Committee (199 I-Present) Pennsylvania Psychological Foundation (1997-Present) CLINICAL EXPERIENCE Psychologist, Riegler, Shienvold & Associates, Harrisburg, PA (Jan., 2000-Present). Individual, fanuly, couples therapy and consultations in an independent psychology practice. Psychologist, Hoffman Psychological Associates, Harrisburg, P A. (May, 1986-Jan., 2000). Individual, family, couples and group therapy, evaluations and consultations in an independent psychology practice. . Psycbologist, Holy Spirit Hospital Community Mental Health Center, Camp Hill, PA. (Sept., 1978-Feb., 1998). Individual, family, adult and children's group therapy, clinical supervision, psychological assessment, peer review and consultation in a comprehensive community mental health center. Psychologist, Holy Spirit Hospital Drug and Alcohol Outpatient Service, Camp Hill, PA. (Dec., 1986-Dec., 1999). Case consultation, evaluation, supervision, and in-service training in an outpatient drug and alcohol treatment setting. Acting Director, Dauphin County Counseling Center, Harrisburg, PA. (Dec., 1994-June, 1995). Acting CEO ofa publicly funded community mental health center during an organizational transition period. Consultant, Blizabethtown Counseling Center, Elizabethtown, PA. (July, 1985-Dec., 1991). Case consultation and psychological evaluations in a private outpatient counseling setting. Psychologist, Susquehanna Valley Center, Harrisburg, PA. (Nov. 1983-May, 1986). Psychological evaluation, group therapy, patient and staff education and supervision in an inpatient drug and alcohol treatment facility. .,... 1 -- 8a!", ",1 02 04:26p - ld LAsso Riegler, Shlenvo 717-540-1416 p.4 Independent Practice, Harrisburg, PA. (Nov. 1982-Dec., 1983). Individual, family, couples therapy, psychological assessment. Psychologist, TaIhot Hall, Jonestown, P A. (Sept., 1977- Aug. 1978). Clinical Coordinator, (May, 1978-Aug., 1978). Individual, and group therapy, psychological assessment, staff and program development and liaison with referral agencies in a residential treatment faqility for adolescents. Psychology Intern, Portage County Children's Services Center, Kent, Ohio. (Sept., 1976-Aug., 1977)0 Half-time. Family and individual assessment and school consuhation in a children's community mental health center. Psychological Assistant, Wayne-Holmes Mental Health Center, Wooster, Ohio. (June, 1976-Augo, 1976). Half-time. Individual and couples therapy, psychological assessment and program evaluation in an outpatient community mental health center. Psychology Trainee, Drug Dependence Unit, Veterans Administration Hospital, Brecksville, Ohio. (Sept., 1975-Sept., 1976)0 3/5-time. Group, individual and couples therapy, psychological assessment with substance dependent patients on both an inpatient and outpatient basis. Psychological Intern, Walter G. Nord Center, Elyria, Ohio. (June, 1974- Aug., 1975). Half-time. Member of an interdisciplinary team which provided both preventive and treatment oriented interventions to a semi-rural county. Individual, couples and group therapy, psychological assessment and consultation. Practicum Student, Psychological Clinic, Kent State University, Kent, Ohio. (June, 1973-June, 1974). Individual and family therapy with adults and children from both the university and its surrounding community_ Summer Intern, Hawthomden State Hospital, Northfield, Ohio. (June, 1973- Aug., 1973). Part-time assignment to Psychology department where duties included assessment and group therapy, part-time assignment to token economy adolescent ward. -,,,, '1 ';an :;11 02 04:27p Riegler, Shienvold & Asso 717 540 1416 p.5 RESEARCH AND PUBLICATIONS Research Assistant, Department ofPsycho1ogy, Kent State University, Kent, Ohio. (Sept., 1972-June, 1974). Participation in the planning, execution and analysis of research into group behavior and interpersonal tmst and Cooperation. Publications: Knapp, S. & Pincus, 1. (1999 September). Self-c/lJ"e and ethical theories. The Pennsvlvania Psychologist. 59(9),10. Pincus, J. (1998 May). Self-c/lJ"e and ethical practice. The Pennsylvania Psych010l!ist. 58(5), 18. . Pincus, 1. (1998 August). Avoiding self-defeating behaviors among psychologists. The PennSVlvania PsvcholOlrist, 58(8), pp. 11,23. Pincus, J. (1999). Self-c/lJ"e and ethical practice: Survey responses. The PennsYlvania Psycholol!ist. 59(5), 16. Pincus, J. and Bixenstine, V. E. (1977). Cooperation in the decomposed Prisoner's Dilemma: A question of revealing or concealing . information? Journal of Conflict Resolution. 21. 519-530. Pincus, J. and Bixenstine, V. E. (1979). Cognitive factors and cooperation in the Prisoner's Dilemma Game. The Psvchological Record. 29. 463-471. Pincus, 1. and Ramirez, J. (1997). Dual diagnosis: Issues in the treatment of comorbid mental health and substance abuse disorders. In L. VandeCreek, S. Knapp and T. L. Jackson (Eds.), Innovations in clinical practice: A source book: Vol. 15. (pp 71- 82). S/lJ"asota, Fl: Professional Resource Press. -"''*''"7''''''''''~~,~ ~ -'~ ,'"" ~ .'::'a~. ;;11 02 04:27p Riegler, Shienvold LAsso 717 540 1416 TEACBlNG EXPERIENCE Instructor, Department of Behavioral Sciences and Education, The Pennsylvania State University, Harrisburg, PA. (l997-Present). T caching undergraduate and graduate psychology courses, including Ethics, Abnonnal Psychology, History and Systems of PSYchology and Adult Development. Instructor, Department of Psychology, Millersville University, MiI1ersville, PA. (I 999-present). Teaching graduate courses, Group Process and Personality, The Study of the Individualo Adjunct Professor, The Union for Experimenting Colleges and Universities, . (1988-1990). Assisting dissertation research and serving on doctoral committee in graduate program. Instructor, Department of Psychology, Kent State University, Kent, Ohio. Winter and Spring Quarters, 1977. Teaching communication and basic therapy skills to first year, pre-practicum clinical psychology graduate students. Practicum Supervisor, Kent State University, Kent, Ohio. (1976-1977). Supervision and training of clinical psychology graduate students enrolled in Practicum. Teaching Assistant, Kent Sate University, Kent, Ohio. (1976). Course: "The Institutionalized Patient. " Duties included teaching/supervision of active listening and helping skills to undergraduate volunteers. -F ~..,.,.e"..,_~ V,^ r~~_', " . ~ 1 p.6 . -<~, ~,~ '" I.. PSYCHOLOGICAL EVALUATION Elliot Riegler. Ph.D. (1948-1999) Arnold T. Shienvo1d, Ph.D. Melinda Eash, MS James Eash, LSW Michael 1. Asken, Ph.D. Bonnie Howard, Ph.D. Amy K. Keislingo ACSW, LCSW, BCD Tracy Richards, QCSW, LCSW Don Lawrence, LSW Dyanne Seymore, QCSW, LSW Jeftfey Pincus. Ph.D. Ann Vergales, ACSW, LSW, BCD Lisa R. Paponetti, MA ~~l Riegler. Shienvold 'illl & Associates PLAINTIFPS EXHIBIT r ri((fI(oq- ~ Name: Craig A. Seybert Date of Birth: 4/5/69 Date of Evaluation: 6/12/01 Referral: Mr. Seybert was referred for psychological evaluation as part of a court-ordered process to detennine his suitability to have overnight custody of his son. Mr. Seybert was evaluated by means of a clinical interview and the Minnesota Multiphasic Personality Inventory -2 (MMPI-2). Observations: Mr. Seybert was on time for his evaluation. He was pleasant, well-groomed and cooperative. He was oriented to person, place and time. His affect was nonnal and appropriate to the evaluation situation. Motor activity was caIrn, speech was nonnal and coherent. 1'I\ought process and thought content were nonnal, memory was intact. Judgment and insight were intact. No evidence ofthought disorder or affectiVe di~order was elicited. Background: Mr. Seybert reported that he has been manied to Kim for eight years. They have a seven year old son, Kyle. In March 2001, Kim told him she wanted a marital separation for reasons that were unclear to Craigo Kim and Kyle are currently living with Kim's parents. Craig can only see Kyle on weeknights at Kim's parents' house and for eight hours on weekends with no overnight visits. Kim reportedly has alleged tliat Craig is potentially violent and suicidal. When asked about Kim's concerns about violent and suicidal potential, Craig came up with four possible sources for her concern. He stated that once, during an argument several years ago, Kim said some things critical to him and turned to walk away as he began to respond. He says he 2151 LinglestownRoad, Suite 200 . Harrisburg, Pennsylvania 17110 (717) 540-1313 . Fax: (717) 540-1416 n_ "=, '1'~"',"~ " ,'-f - ~,.~- ,- or- ..... Page 2 Re: Craig A. Seybert grabbed her by the arm to keep her from walking away. Once when he and Kyle were playing, Kyle's pinkie finger was accidentally broken. In March 2001, Craig came home on one occasion after a 16 hour double work shift, feeling tired. He says Kim confronted him with the fact that she had unilaterally decided that Craig would need to move out and assume all their debt. As part of that confrontation he threw a soda bottle against a wall. He stated Kyle was not present and no aggression was directed at Kim He denies any other aggressive acts in the maniage. As far as the suicidal concern, he said that in the midst of the Mardi 200 I confrontatipns, he spoke with Kim's parents on the telephone and he was asked what his plans were. He stated in frustration that maybe he would jump offa bridge. He denied that he was actually suicidal or had any intention to jump off a bridge or take any other self-destructive action. He denied that he has ever been suicidal. Test Results: Results of the MMPI-2 suggest that Mr. Seybert wants to present himselfin a favorable light but not to a degree that would invalidate the results. lbis is common in evaluations of this type. The resulting MMPI- 2 profile is considered to be a valid representation. Overall, Mr. Seybert comes across as emotionally stable and relatively free of substantial fears, anxieties or subjective distress. There is no evidence of major depression or a pattern of aggressive or anti-social behavior. Others are likely to view him as responsible, stable, well-adjusted and capable. He appears self- assured and confident and not unduly influenced by the negative reactions of others. His relationships may be characterized by some emotional aloofuess and lack of depth and a tendency to blame others for his problems and negative feelings. lbis may be exacerbated by current situational factors with his wife and children living at his in-Iawso However, he likely has some difficulty expressing intimate feelings and may not recognize potential problems in relationships until they build to a level that elicits a strong reaction. There is nothing in the profile to suggest problems with emotional or behavioral control to a degree that would place others in danger of serious harm. Summary and Recommendations: Craig Seybert is a fairly well-adjusted individual with no indications of serious psychotherapy, major depression or antisocial conduct. There are no indications of excessive anger or propensity -'""11>"\1 " ,,~ . I .r ..... Page 3 Re: Craig A. Seybert to violence. He appears capable ofhavfug overnight custody of his son without placing the child in any risk ofhann. Jfa/dIU,,"IJ/} Jeffrey Pincus, Ph.D. Clinical Psychologist +''E\!_ --I -.. ."4",,' _,"'._" ' ~ 1'~_ , . ~ . : Riegler' Shienvold & Assoeiates (717) 540-1313 . 2151 UnglestownRoad, Suite 200 . Harrisburg, Pennsylvania 17110 Initial Assessment PatientName:~t!..~ . . IDitiaIAssessmentDate: ';/~I ,/./ M1 First ~r PatientDOB: 1;11(;1 . Gender:~F~ Patient ID #: InsntaJlee: /j/17 ~ ./;;?Zj~~ Physician: , History of Present Illness: ,A,ds I: Primary Secondary Client's Presenting ConcernlSymptoms: Axis ll: Code: II i/ 0 Sj Axis ill: Condition: /)( flL Axis IV: (psychosocial/EnvironmentProblems) ~ ~ ~ o Mild ,..,BrModerate 0 re Axis V: (GAF): Current: 7 0 Past Year: "jtJ Diagnosis: ~ - Treatment Recommendations: T e of Treatment ~ Timeframe to Com lete Clinician Signature: Date: _'II 210..L NamelDegree: o Client consents, and copy of this initial assessment sent to physician o Client declines consent, so no initial ass-....ent sent to physician Date Sent:_-" _ -" __ '~i:''''1''3''''"C'?''"'''''''~I~ ,~_'~= ' ~'''''''''''~~' ,..,.,.. ~ -~ 'I ' . . T_~ , . Patient Name: (1~ II- _~ ID#: Current Medications: Condition Medication Dose Freauencv /lJdltJ€ List known aUergies and lIlIItowanl reaetions to drugs: PrevioDS :Mental Heahh and Substauee Abuse TreatmeDt: Date of Service Provider Name NrJt4 Level of Care Duration MH SA Outcome . Mental Status Exam: General Appearance: ....g-Well-Groomed 0 Casually Groomed 0 Disheveled 0 Bizarre 0 Inappropriate o OlderlYounger DOther Motor Aetivity:...estCalm 0 Hyperactive 0 Agitated 0 TremorslTics 0 Muscle Spasm 0 TenselRigid o Underactive 0 Aggressive 0 Other Mood: --e9'Normal 0 Flat 0 Depressed 0 Anxious 0 Euphoric 0 Cheerful 0 AngrylIrritable . o Other AfTect: ...m- Appropriate 0 Labile 0 Expansive 0 Blunted 0 Constricted 0 Tense 0 Inappropriate o Other Speech: ,)!itNormal 0 Hesitant 0 Soft 0 Loud 0 Slurred 0 Verbose 0 Pressured 0 Incoherent o Other Thought Process: --fStNormal 0 Tangential 0 Circumstantial 0 Flight ofIdeas 0 Loose Associations Thought CooteDt: BNonnal 0 Delusions (speciJy type) 0 Phobias (speciJY type) o DepersonalizationlDerealization 0 Obsessions 0 Other Perception: ,5itNormal 0 Auditory Hallucinations 0 Visual Hallucinations 0 Other Orientation: JRFully Oriented. 0 Disoriented: Always Sometimes Time Place Person Memory: i?Intact 0 IinpairedCognitive Function: General Knowl~ Intact 0 Impaired Concentration/Attention: ...&Good 0 Variable 0 Distractlble 0 Other JlIdgement: . ~tact OImpaired Insight: .. .Avntact 0 Impaired Sleep: ;gNormal 0 Insomnia OFreqAwakening ONiglitmares Appetite: QNormal 0 Increased 0 Decreased 0 Binging 0 Purging 0 Gain/Loss of_lbs Using the fullowing scale: O=none 1 =yes 2=suspected 3=unknown * Is there evidence of suicidal 0 ideation D intent ...clP1an J2. currentattempt ~istory ofattempt Describe: * Is there evidenee of homicidal d ideation 0 intent 0 plan -CL current attempt .cL history of attempt Describe: -- Page 2 DEFENOANT'S EXHIBIT 'd-/r..{ err ~ ./)-"'l-Z ~:.~- ~ ~ T_r, ,,^ ~~ ..... . '1 Patient Name: ~ ~ F i1y1E' tal ID#: ann nVll'OnJDeIll : Is there anv history of the followin oses in Datient's fiunily? 0 Yes No o Unknown Diagnosis Mother Father Sibling Spouse/SO . Child Other Mental Health Subs Abuse Additional information: /Uti ~J %{'~-t~tP/{M- Tobacco Use History: Cigarette use: ~one o Current Amount daily: o Past Length of abstinence: Other tobacco use: 0 Cigar 0 Pipe 0 Chew Amount daily: Additional information: Duration of use: Duration of use: years years Duration of use: years Substance Abuse Histon: Substance Amount Route Frequency Date Last Used Duration of Use /lJ(Jf./t:: If" Substance AbuselDependency History is present: )//11 How long ago did it end? (01 ",~VJf r ) Has the patient ever experienced any of the following withdrawal sympt Ins: 0 None 0 Seizures o Hallucinations How long was the patient's most recent period of abstinence? (O/W!M/Y) o DT's Is there evidence that an active addict lives in the house? 0 Yes N() Does the patient have non-chemically dependent social contacts who '" lUld be available to provide meaningful support during recovery? 0 Yes 0 No Other relevant information: Page 3 Fi>li\f).,~l'1.. ~~'\jZ_11 ._, ~, I ~- 1 ~ , ~, .1 Patient Name: ~ ~Je1( ID#: Central Life Role .Fnnctioil Assessment: How impaired are pati~ current 1lationshi~ilY fur child/adOI)LJJ-None Describe: "-("~AA /iflJA #' fd/l4 "/(iJIV-. What is the attitude of the patient's primary social supports re: treatment? ON! A a Supportive a Willing to be involved a Passively Opposed a Mild 0 Moderate a Severe a Actively Opposed To what extent does patient have a problem affecting the clinical conditions in any of the fullowing areas? Occupation ~None OMild a Moderate a Severe Describe: Education "t/~ None a MildD Moderate a Severe Describe: . . . MaritallFamil.y aNone aMildJ!ilModerate a Severe Describe: ~;;(;l4/I-'Ai .tr~ Interpersonal/Social ~None a Mild a Moderate a Severe Describe:. I Self-Maintenance ~None a Mild a Moderate a Severe Describe: Behavioral JS(None a Mild a Moderate t:I Severe Describe: Legal ..I'i('None 0 Mild a Moderate. a Severe Describe: Financial--f'g"None a Mild a Moderate a Severe Describe: Spiritual/CulturaI 9-None a Mild 0 Moderate a Severe Describe: ~./x1&,~~~~cr . ~~ tt~~ddI~d.iJvk1./C /tI4:;~. 4'-.'#fW ~, ~~~. .~/7~ &Wt& ~;~{l ~ ~.~J;:;;~jt0 ~ ;/irlfb. K iYtJ5lt1( , #e ~ ~ - ~ _ /<T em II ~ ~t&--tk~ ci/~A/h- ~ ~ ~~ '''?~-''-'~'''''"~''''F~''~I''ll'''''I"''rA'''"''~''''''''''''''''-_''1~~~!III'l'I~r'''''1'!!'1'''Plil'!11lI""'1 ~~1 ,- 1- , ", ~= ,''''''''''~~III''1>1'''1~I! . , "'l~~~"'r'I"--' "'F'" ~'1" ~ , ,- ,~" ~- ,''''' ~ /I #:7/: I ~ . '~?Y-"""~-""~T5',~.~,_ - 'r"=-_ -- - ~ , , I Patient Name: ~ ~ ID#: TREATMENT PLAN GOALS (what client wants, behaviors to be changed) Date Identified Timeframe to Completion 1. IAMf :J-~_ 2. 3. OBJECTIVES (when the problem is improved or resolved, the client will be doing what?) Interventions 1. ;J / It- 2. 3. ;t/ //f Frequency of appointments will occur on a bash!. Disebllrge will OCCIIr upon attainment of goals. Client Signature: Date: Clinician Signature: (Opti~.4 f 1)4 Date:C(/~/ Page 5 '.'i~ ~ <s. ',_'~" ,~ _",,I. " . U" r ~ ". ,~. .~_.......,"- , JrvV\ DIU' I{) 4 2001 CRAIG A. SEYBERT, Plaintiff : IN THE CURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KIMBERLY L. SEYBERT, Defendant : NO. 2001-2180 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ~{L dayof Ol..t.Lt"f , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room Noo I of the Cumberland County Court House, on the 61/v day of :::f~~ ,2001, at <1: &? o'clock A.M., at which time testimony will be takeno For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimonyo Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testifY at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court, dated August 27, 2001 shall remain in full force and effect. BY THE COURT, J ~;:;.(JI cc: Douglas G. Miller, Esquire - Counsel for Father Charles Rector. Esquire - Counsel for Mother ~ )1~d II/~ r'-":'~~"m ~~ r - ~ CRAIG A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW KIMBERLY L. SEYBERT, Defendant : NO. 2001-2180 CIVIL TERM : IN CUSTODY PRIOR JUDGE: J. WESLEY OLER, JR. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 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 Kyle H. Seybert August 22, 1993 Mother 20 The third Conciliation Conference was held October 3, 2001 with the following individuals in attendance: The Father, Craig A. Seybert, with his counsel, Douglas G. Miller, Esquire, and the Mother, Kimberly 1. Seybert, with her counsel, Charles Rector, Esquire. 3. The Court previously entered Orders following Conciliation Conferences. The first Order of Court agreed to by the parties is dated May 21, 2001. It provided for the parties to have shared legal custody; Mother to have primary physical custody and Father to have partial physical custody of the child before and after school and eight hours every weekend. It further provided for Father to receive a psychiatric evaluation because of a previous threatened suicide attempt. If the psy.chiatric did not raise any mental health or stability questions, week on/week off physical custody was to begin during the sununer. Father never received a psychiatric evaluation. He instead received a psychological evaluation. Nevertheless, sununer week on/week off physical custody commenced. Mother filed a Petition for Contempt on July 24, 200, alleging Father's failure to obtain the psychiatric evaluation. The second Order of Court, dated August 27, 2001, followed the Conciliation Conference held on the Contempt Petition. Contempt was not found. The August 27, 2001 Order of Court vacated the prior Order except for the requirement of the psychiatric evaluation. Mother maintained primary physical _^l':-""'" , %'r ~,,"'" - "F!" . 1 ~ . ~" custody and Father had partial physical custody on alternating weekends Friday to Monday, every Friday to Saturday and one evening per week. Father thereafter filed a Petition for Special Relief. By Order dated September 6, 2001, the Court denied the Petition for Special Relief. Father also filed a Petition to Modify the prior Orders which went before the Conciliator on October 3, 2001. The conciliator has also received correspondence from Theresa Barrett Male, Esquire indicating that she intends to file a Petition to Intervene in the matter on behalf of the matemal grandparents, although as of October 3, 2001 no Petition had been filed. 4. Father's position on custody is as follows: He is seeking shared legal custody and shared physical custody. He maintains that the psychological evaluation supports his mental health and stability. He indicates that he is unable to obtain a psychiatric evaluation when he advises the psychiatrist that it involves a custody matter. The parties live only one mile apart in the same school district. Unlike prior to the marital separation, the parties presently have approximately the same work scheduleo Father has a desire to spend as much time with the child as possibleo Father believes these factors support his requested shared physical custody arrangement. 50 Mother's position on custody is as follows: She is seeking shared legal custody and primary physical custody with Father having partial physical custody on alternating weekends. She maintains that a psychiatric evaluation is necessary to overcome her fears of Father's mental health and stability issues which put the child at risk when in Father's custody. Mother claims that prior to their marital separation, Father spent little time with the childo Mother also believes that a shared physical custody arrangement is disruptive to the child during the school year. She believes that child will be more stable and do better in school ifhe remains in her primary physical care during the school yearo 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the prior Order of Court, dated August 27, 2001. It is expected that the Hearing will require one day. /D- 1./-0/ Date 9h, y; cq line M. Verney, Esquire Custody Conciliator "f'''~J_'''I~ ,. I!!I!lIif ._