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HomeMy WebLinkAbout99-05457a . r n• s V scict complaint lour custody August 24,1977 JAMES E. SEITZ, Plaintiff VS. LAURIE HELM SEITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 -5857 CIVIL TERM IN CUSTODY ORDER OF COURT AND now, this ly day of jPplrLr? f , 1999, upon consideration of the attached Motion, it is here y Ire-cte that the pTs ann their respective counsel appear before the conciliator, at \..), Qt {, , on the k LA day o ??( -Vn?1?.c C , at ;-) C-) o c oc c . m. or a pre-hearing custody conference.such conference, an effort will Leo resolve t e issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By: custc ty concnlaV V (Cb) 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 4 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, 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. By the Court, Date: J. y is 99 eel OK ?r? Seitz complaint for custody August 26,1999 JAMES E. SEITZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - CIVIL TERM LAURIE HELM SEITZ, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is JAMES E. SEITZ, residing at 361 Mt. View Road, Shermansdale, Perry County, Pennsylvania. 2. The Defendant is LAURIE HELM SEITZ, residing at 148 A Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Nathaniel James Seitz, born January 23, 1992; and Davin Gordon Seitz, born August 3, 1994, and who currently resides at 148 A Street, Carlisle, Cumberland County, Pennsylvania. 4. The children were born out of wedlock. 5. The children are presently in the custody of mother, who resides at 148 A Street, Carlisle, Cumberland County, Pennsylvania. 6. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS FROMITO Laurie Helm 148 A Street 6-98 to present Max Carlisle, Pennsylvania Laurie Helm Collage Park Apartments 1/98 to 6/98 Carlisle, Pennsylvania Laurie Helm Seitz 4 Larken Lane 10/96 tot/98 James E. Seitz Mt. Holly Springs, Pennsylvania c0ap51\hydckomplaint cus file #5310-97-01 August 24,1999 NAME ADDRESS FROM/TO Laurie Helm Seitz James E. Seitz Laurie Helm Seitz James E. Seitz 6 Earl Street Boiling Springs, Pennsylvania 59 Peachy Ann Drive Newville, Pennsylvania 4/95 to 10/96 4/92 to 4/95 7. The mother of the children is Laurie Helm Seitz, currently residing at 148 A Street, Carlisle, Cumberland, Pennsylvania. She is married. 8. The father of the children is James E. Seitz, currently residing at 215 Hunters Road, Newville, Cumberland County, Pennsylvania. He is married. 9. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with Laura Seitz. 10. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with Max (husband), Nathaniel James Seitz, and Davin Gordon Seitz. 11. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 12. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of the Commonwealth. 13. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: 2 cdwp5 1Uyd6complaint.cus lilca5310-97-01 August 24.1999 a) The Plaintiff has had a good relationship with his children; and b) It is in the best interest of the children to maintain their relationship with their father. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. 16. Father seeks partial custody of the children every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m; alternating holidays; alternating periods of time at Christmas and Easter; and partial custody of the children for a period of time on their birthdays. WHEREFORE, the Plaintiff requests this Court to grant partial physical custody of the children to the Plaintiff. Respectfully submitted, FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Date: 11 East High Street Carlisle, PA 17013 (717) 243-5513 Seitz custody complaint August 7, 1999 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: d p. 5 rl) JAMES E. SEITZ, Plain tiff/Respondent v_ LAURIE ANN SILVIS, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5457 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of ?_rC_ , 1999, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before 1,2 Esquire, the conciliator, at R W . on theV,",_dayof. )Qr, at M. for a Pre-Hearing t3 stody 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 permanent order. By the Court, By-?(?1, lift\P4ry a , 1 Custody Conciliator ((p? YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO'r0 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 S9? .? 3•;: is i3.9y' ?? !/? % 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. JAMES E. SEITZ, Plaintiff/Respondent V. LAURIE ANN SILVIS, Defendant/Petitioner CIVIL ACTION - LAW 99-5457 CIVIL TERM IN CUSTODY PETITION FOR CUSTODY AND NOW, this _ day of December 1999, comes the Petitioner, Laurie Ann Silvis, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. The petitioner is Laurie Ann Silvis, an adult individual residing at 148 "A" Street, Carlisle, Cumberland County, Pennsylvania 17013. : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA 1) The respondent is James E. Seitz, an adult individual residing in 215 Hunters Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of two minor children, namely, Nathaniel James Seitz, bom January 23, 1992, and Gordon Seitz, born August 11, 1994. 4. Petitioner has primary physical custody of the children and joint legal custody with periods of visitation to respondent. The petitioner seeks that all contact with the paternal grandparents, James B. Seitz and Cathy Seitz be prohibited. 5. Children and Youth Services are currently investigating the evidence of abuse of Nathanial Seitz. 6. The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Marcus A. McK ' ht, 1I Esquire Attorney for Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court 1. D. No. 25476 December 3, 1999 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head 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 unswom falsification to authorities. AURIE HELM SILVIS Date:n o mt,Pr 1, 1999 JAMES E. SEITZ, Plaintiff/Respondent V. LAURIE ANN SILVIS, Defendant/Petitioner CIVIL ACTION - LAW 99-5457 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Custody was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Carol J. Lindsay, Esq. Flower, Flower & Lindsay I I East High Street Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES By: Marcus A. McKni ht, III, Es 60 West Pomfret St Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Date: December 3, 1999 Cl- c' F-. ly ': iJ q c. t'a4 "- ?s ti of A* V, i lUr.3 Ile I., „ i/ Ut4?6? Cumberland County Children & Youth Services January 4, 2000 •?rrawxh,:rer? .fa nor/moo. James B. Seitz 215 Hunters Road Newville, PA 17241 Re: Cl.a: 21-0005065 Dear Mr. Seitz, In compliance with the Child Protective Services Law of Pennsylvania, Admt trator Chapter 63, the Cumberland County Children and Youth Services is hereby 0" Snug Lsw notifying you that the report of suspected child abuse received by this Agency on November 19, 1999 regarding Nathaniel J. Seitz has been determined to be "Unfounded" and your case with this Agency will be closed. According to the §6337 of the Child Protective Services Law, all "Unfounded" reports of child abuse shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received since the case was not accepted f'or s(.rvices. County Commissioners Nancy A ftsce This determination does riot reflect the status or findings surrounding any r:wRLyI police investigation. Whenever a referral has been made to police, you will need to contact the appropriate police department regarding the status and outcome of their investigation. I f you have any questions regarding this matter, please contact me during regular husiness hours. If I am not available when you call, please leave your name and a telephone number where you can be reached and I will return your call. ntcerely, Suite 200 1b&, tk,w(e"a,,2vy Human Services Building Audra I lennessey 16 West High Street Caseworker Carlisle, PA 17013-2961 ijlc (717)240.6120 (717) 697.0371, Ext. 6120 (717) 532.7286, Ext. 6120 1 a Cumberland County Children & Youth Services ?nalee!{.n? ?i?ei.?iLrax. .?reterTwn? .fawn?.((Cea. James B. Seitz 215 Hunters Road Newville, PA 17241 Dear Mr. Seitz: November 23, 1999 RE: Nathaniel J. Seitz A report of suspected child abuse concerning the above named child has been made to our Agency and the Pennsylvania Department of Public Welfare. Under the law, our Agency must conduct an investigation to determine whether or not the child was Agency abused. Also, we are required by law to report certain types of suspected abuse to the Administrator police. Cumberland County Children and Youth Services and the police will coordinate our 1. snu.r, Lew and cooperate throughout the investigation, but the investigations are separate and different determinations can be reached. County Commissioners Neney A Belli Eed M Koller Nerele L" Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013.2961 (717)240.6120 (717) 697.0371, Ext. 6120 (717) 532.7286, Ext. 6120 You are receiving this letter because as the subject of a suspected child abuse report, that is, as a parent and/or alleged perpetrator of abuse of the above named child the Child Protective Services Law (CPSL) and Department of Public Welfare regulations require the county children and youth agency to notify all subjects in a report of suspected child abuse about the existence of the report, the nature of the allegations, their right to receive a copy of the report, their legal rights, the possible impact of a confirmed report on future employment, and the social services available to protect children. According to the report, the type of suspected abuse was: sexual abuse or exploitation. The Agency is required to complete the investigation within 30 days. If additional information is necessary to complete a thorough and complete investigation, the Agency has an additional 30 days to complete the investigation. The Agency needs to determine if the report is "unfounded", "indicated", or "founded". An unfounded report is any report in which there is no evidence of child abuse as defined by the law. An indicated report is a report in which the county agency determines that the child was abused. A founded report is a report in which a court determines that the child was abused. As a subject of the report, you may receive a copy of the report by writing to this Agency or to the ChildLine and Abuse Registry, Hilicrest, 2".a Fioor, P. O. Box 2675, Harrisburg, PA 17105-2675. Cumberland County Children and Youth Services Page 2 The name of the person who made the report or any other person who cooperated in the investigation may not be released except by the Secretary of Public Welfare upon written request. Such request should be sent to Secretary of Public Welfare in care of the ChildLine and Abuse Registry, p. Co. Box 2675, Ilanjsburg, PA 17105-2675. If the report is determined to be unfounded, the report shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received. However, il'Ihe it, ill reveals that the child and family need social services provided by or arranged by our Agency, the records will be, retained and indicate that the report of suspected child abuse was unfounded. If the report is determined to be indicated, the person responsible for the nbusc uuly request that file report be amended or expunged if he or she feels the report is not accurate. Such requests mull be mndr ul the Secretnry of Public Welfare at the above address within 45 days after being notified that the report is indicated Not all abuse matters go to Juvenile Court. However, where there is no child, Cumberland County Children and Youth Services will petition ctmpernuon It, assure w July ullh¢ d' Juvenile court, If the cast goes to July Juvenile Court, you have the right to have an attorney, introduce evidence and cross-rxnmine wiu,essrs. If yon an attorney, the Court may appoint an attorney to represent you at nu cost. Iflhe clonal nllilyd C'oun lands n perprtrntor Is t abuser, that finding may not be appealed to the Department of Public Weifhfe. A person responsible for the abuse in a founded report truly 1101 be employed In any child care service, public or private school, or be a foster or adoptive parent within five (5) years ol'when the nbuu• was crmlmitted A person convicted of any of the crimes listed in Section 6344 of the Child Protective Service Low (SS I'll. C.S.A. §6344) may never be employed in any child care service, public or private school, or Ill` 11 Ulster or adoptive parent. The goal of our Agency is to protect children from hams and where pux.sible to beep tlleo, in the Ir own homes. To help parents and other caregivers to keep children in their own homes, our Agency provides or arranges for social services for the child and family. I will gladly discuss will, you services tlua it,, nvnih,hle If you have any questions during the investigation, please call tire. 'I he Agency telephone number is 240.6120; 697-0371 ext. 6120 or 532-7286 ext. 6120. Sincerely, -?Udca 1 f ??n?oa, 1 Audm flrnnessey Caseworker I acknowledge)o eipt of a o tl r. Signature: Date: CCC YS CPS-7 Rev. 5/99 !? / Cumberland County Children & Youth Services ?ovaesai?e? .?rvnu.'?ias. James E. Seitz 361 Mountain View Road Shermansdale, PA 17090 Dear Mr. Seitz: December 30, 1999 RE: Nathaniel J. Seitz CLk: 21-0005065 A report of suspected child abuse concerning the above named child has been made to our Agency and the Pennsylvania Department of Public Welfare. Under the law, Agency our Agency must conduct an investigation to determine whether or not the child was Administrator abused. Also, we are required by law to report certain types of suspected abuse to the eMy r. St". rsw police. Cumberland County Children and Youth Services and the police will coordinate and cooperate throughout the investigation, but the investigations are separate and different determinations can be reached. You are receiving this letter because as the subject of a suspected child abuse report, that is, as a parent and/or alleged perpetrator of abuse of the above named child the Child Protective Services Law (CPSL) and Department of Public Welfare regulations require the county children and youth agency to notify all subjects in a report of county suspected child abuse about the existence of the report, the nature of the allegations, their commbetoners right to receive a copy of the report, their legal rights, the possible impact of a confirmed report on future employment, and the social services available to protect children. Ewi R. KORV Mods L Mien According to the report, the type of suspected abuse was: physical abuse. The Agency is required to complete the investigation within 30 days. If additional information is necessary to complete a thorough and complete investigation, the Agency has an additional 30 days to complete the investigation. The Agency needs to determine if the report is "unfounded", "indicated", or "founded". An unfounded report is any report in which there is no evidence of child abuse as defined by the law. An indicated report is a report in which the county agency determines that the child was abused. A founded report is a report in which a court determines that the child was abused. As a subject of the report, you may receive a copy of the report by writing to this Suite 200 Agency or to the ChildLine and Abuse Registry, Hillcrest, 2nd Floor, P. O. Box 2675, Human Services Building Harrisburg, PA 1 7 1 05-2675. 16 West High Street Carlisle, PA 17013.2961 (717) 240-6120 (717) 697-0371, Ext. 6120 (717) 532-7286, Ext. 6120 Cumberland County Children and Youth Services Page 2 The name of the person who made the report or any other person who cooperated in the investigation may not be released except by the Secretary of Public welfare upon written request. Such request should be sent to Secretary of Public Welfare in care of the ChildLine and Abuse Registry, P. O. Box 2675, Harrisburg, PA 17105.2675. If the report is determined to be unfounded, the report shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received. However, if the investigation reveals that the child and family need social services provided by or arranged by our Agency, the records will be retained and indicate that the report of suspected child abuse was unfounded. If the report is determined to be indicated, the person responsible for the abuse may request that the report be amended or expunged if he or she feels the report is not accurate. Such requests must be made to the Secretary of Public Welfare at the above address within 45 days after being notified that the report is indicated. Not all abuse matters go to Juvenile Court. However, where there is no cooperation to assure safety of the child, Cumberland County Children and Youth Services will petition Juvenile Court. If the case goes to Juvenile Court, you have the right to have an attorney, introduce evidence and cross-examine witnesses. If you cannot afford an attorney, the Court may appoint an attorney to represent you at no cost. If the Court finds a perpetrator is an abuser, that finding may not be appealed to the Department of Public Welfare. A person responsible for the abuse in a founded report may not be employed in any child care service, public or private school, or be a foster or adoptive parent within five (5) years of when the abuse was committed. A person convicted of any of the crimes listed in Section 6344 of the Child Protective Service Law (SS Pa. C.S.A. §6344) may never be employed in any child care service, public or private school, or be a foster or adoptive parent. The goal of our Agency is to protect children from harm and where possible to keep them in their own homes. To help parents and other caregivers to keep children in their own homes, our Agency provides or arranges for social services for the child and family. 1 will gladly discuss with you services that are available. If you have any questions during the investigation, please call me. The Agency telephone number is 240-6120; 697-0371 ext. 6120 or 532-7286 ext. 6120. Sincerely, +" ??,?ti ALLdra Hennessey Caseworker I acknowledge receipt of a copy of this letter. Signature: Date: CCC&YS CPS-7 Rev. 11/99 JAMES E. SEITZ, Plaintiff/Respondent V. LAURIE ANN SILVIS, Defend ant/Petitioner IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 99-5457 CIVIL TERM IN CUSTODY PRE-HEARING CUSTODY MEMORANDUM OF DEFENDANT LAURIE ANN SILVIS I. Statement of Case: This case involves the welfare of Nathaniel James Seitz, born January 23, 1992, and Devin Gordon Seitz, born August 11, 1994. The father has by Order of Court of November 17, 1999, shared legal custody of the children with specific times of partial custody as set forth in the order of Court of that date. The mother, Laurie Helm Silvis, has primary physical custody of the children. II. Issue: The primary issue involves the parents of the father, the paternal grandparents of the children. There have been past incidents of improper touching involving both children. There has been a recent allegation by the oldest child, Nathaniel Seitz, of improper touching by his paternal grandfather. The father, James Seitz, has not been able to adequately supervise the children when they are with his parents. The mother, Laurie Ann Silvis, seeks an Order of Court prohibiting the paternal grandparents from contact with the children pending further Order of Court. HL List of Witnesses: Laurie Ann Silvis, defendant, will testify as to the problems with the children and the paternal grandparents. 2. Audrey Hennessey, Children and Youth Services, will testify regarding the status of the current allegations. 3. Laura Seitz, plaintiffs wife, as on cross examination, will testify as to the care and safety of the children while plaintiff has custody of the children. 4. Kathy Seitz, plaintiffs mother, as on cross examination, will testify as to the care and safety of the children while plaintiff has custody of the children. Nathaniel James Seitz and Devin Gordon Seitz, the children of plaintiff and defendant, will testify regarding their periods of custody with their father and his parents. IV. Position of the Mother: The mother seeks an Order of Court prohibiting contact with the children and father's parents until further Order of Court. Counseling and a psychological evaluation may be required of the paternal grandfather before contact with the children could occur in even a supervised manner. V. Estimated Length of Trial: The estimated length of trial is one-half (1/2) day. Respectfully Submitted, HUGHES By: 61ar?us A. Mc t, III, sq. 60 West Pomfret Street Carlisle, PA 17103 (717) 249-2353 Date: December 29, 1999 Supreme Court I.D. No. 25476 Attorney for defendant, Laurie Ann Silvis JAMES E. SEITZ, Plaintiff/Respondent V. LAURIE ANN SILVIS, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5457 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE 1, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct copy of the Pre-Hearing Custody Memorandum of Defendant, Laurie Ann Silvis, was served by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, upon the following: Carol J. Lindsay, Esq. FLOWER, FLOWER & LINDSAY 1 I East High Street Carlisle, PA 17013 IRWIN, By: 60 West Pomfret Street Carlisle, I Ivania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Defendant Laurie Ann Silvis Date: December 29, 1999 ZF ( t r 4 i s s i a ptf??' V (f 1''F s f T 'hjj(, I S , rt y t?} "a ,i Aill?w.1?$ . # r 'it's ?" N u r° 1 777117 ( ? F yj,?.y{[?w ? K$. C ` r1 h H ? w z !Tl „? x, gym/!{1 t P A f 41' ? ? • " A ? Svc `: i h 3'? x s sib( lr ? h Pi ?g i`aP? ^k?' w z r -?7 h ?ti 1xw? ?pv , i.?0 ?d C q '.t f k ,1 t r. f i qb- f ? f (., v6 a S 1 LAW OFFICES IRWIN MCKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGERR/RIfIN CARLISLE, PENNSYLVANIA 17013.3222 MARCUSA. UcKNIGHT, III JAMES D. HUGNE:S (717) 249-2353 REBECCA R. I/UGIIE.S ' FAX (717) 249-6354 MARK D. 5 (71W'ART! EMAIL: IMHLAWOSUPERNETCOM DOUG'LASG. AIILGER December 29, 1999 The Honorable Edward E. Guido Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA. 17013 Re: James E. Seitz v. Laurie Ann Silvis 99-5457 In Custody Dear Judge Guido: IUROLDS. IRIVIN (1925-1477) IIAROLDS. IRWIN, JR. (1454-1986) IRWIMIRIVINdIRWIN (14541986) IRI9I,V, 1RWINd M[KNIGIIr (1986.1994) IRIV1N,,M,KNIG'Ilyd11U(iNES(1994- ) 1 have enclosed the Pre-Hearing Custody Memorandum which I have prepared on behalf of the defendant in this case, Laurie Ann Silvis. This is for the Custody Hearing set for January 7, 2000, at 8:30 a.m. Very truly yours, IRWIN, IINIG T & HUGHES Marcu A. McKnight, III, Esq. MAM/min Encl. cc: Carol J. Lindsay, Esq. Ms. Laurie Ann Silvis JAMES E. SEITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5457 CIVIL TERM LAURIE ANN SILVIS, Defendant/Petitioner IN CUSTODY PRAECIPE TO ENTER APPEARANCE To Curtis E. Long, Prothonotary: Please enter my appearance on behalf of the defendant, Laurie Ann Silvis. Respectfully Submitted: IRWIN, McKNIGHT & HUGHES By: Supreme Court I.D. No. 25476 Attorney for Defendant, Laurie Ann Silvis Date: December 3, 1999 McKmgt,111, i Marcus Carlisle, A. PA 17013 60 (717) West 249-2353 Pomfret Stree L; 01 J ]' 4 f? F LU a? U a y1,4 'C)y t ?'P 1 r ?? C,j y t' t??rrtrtr'' t r 1 t Y ? { M 1.., ? Yf ??Yi'4 2?1 u Tj 1 l?T '^ tin ?N' t t ?{ l ?j 1 4Ay r S8, Vf J N. J ?'? ll +- Y., , h D' F?iq NNNQ ? 3 ?, 1 Yr?6 tQ'Yj ? FF Y tl t% /` - hY 4t ?yt" ? ?Y1 iyvq ??Y 1 4? 1§' at / 2 k1 yA ?Y r44i W fc/ I S ? Yr a ?`' LAW OFFICES FLOWER, FLOWER & I.INDISAY A PROFESSIONAL CORPORATION I I EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013.3016 JAMES D. FLOWER JAMES D. FLOWER,JR. CAROL J. LINDSAY THOMAS E. FLOWER December 30, 1999 The Honorable Edward E. Guido One Courthouse Square Carlisle, PA 17013 RE: SEITZ vs. SEITZ Dear Judge Guido: (717) 213-5513 PA36(717) 2436510 PPLE,q®aoLcom The captioned case is scheduled for a hearing on January 7, 2000, at 8:30 a.m. It has a single issue, that is whether there should be any restrictions placed on the father's ability to leave the children in the unsupervised care of the paternal grandparents. I have been advised by my client that he wishes to represent himself at the hearing and he has relieved me of the obligation of counsel. I have contacted Mr. McKnight who had no objection had it been necessary for me to Petition the Court to withdraw as counsel. The purpose of this letter is simply to advise the Court that I will not be representing Mr. Seitz on January 7, 2000. 1 have advised Mr. Seitz that he will need to file a Pre-trial Memorandum listing the witnesses he wishes to present at the hearing. Thank you very much for your assistance. Very truly yours, FLOWER, FLO E LINDSAY, P.C. Carol J. Lin ay CJL/Ijj cc: Mr. James Seitz Marcus McKnight, Esquire JAMES E. SEITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-5457 CIVIL TERM LAURIE HELM SILVIS, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this/7-64-day of _.A10V &-yJ , 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in court Room No. -_, of the Cumberland County Court House, on the ? day of t/AA/uA,t_1 , OD , at 0:36 o'clock ,_.m., at which time testimony will be taken. The Hearing shall be limited to the issue of whether any restrictions should be placed on the Father's ability to leave the Children in the unsupervised care of the paternal grandparents. For purposes of this Hearing, the Mother, Laurie Helm Silvis, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on the issue, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2. The Father, James E. Seitz, and the Mother, Laurie Helm Silvis, shall have shared legal custody of Nathaniel James Seitz, born January 23, 1992, and Devin Gordon Seitz, born August 11, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:30 p.m. until Sunday at 7:30 p.m. The alternating weekend schedule shall begin with the Father having custody of the Children on November 5, 1999. In addition, the Father shall also have custody of the Children on Tuesday evening of each week from 5:00 p.m. until 8:30 p.m. unless the parties agree on a different weekday evening. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CBRISVMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. EASTER: The Easter holiday shall be divided into segment A, which shall run from the Saturday before Faster at 6:00 p.m. through Easter Sunday at 2:00 p.m. and Segment B, which shall run from 2:00 p.m. until 7:00 p.m. on Easter Sunday. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. C. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Children on New Years Day, Memorial Day, July 4th, Labor Day and Thanksgiving. With the exception of Thanksgiving, the period of holiday custody shall begin at 6:00 p.m. on the day before the holiday and shall end at 7:30 p.m. on the holiday. The Thanksgiving holiday shall begin after school on the Wednesday before Thanksgiving and end on the Monday following Thanksgiving at 7:30 p.m. The alternating holiday schedule shall begin with the Mother having custody of the Children on Thanksgiving. D. FATHER'S DAY/MOTHER'S DAY: In every year, the Father shall have custody of the Children on Father's Day and the Mother shall have custody of the Children on Mother's Day. The holiday under this provision shall begin at 6:00 p.m. on Saturday and end at 7:30 p.m. on Sunday. E. CHILDREN'S BIRTHDAYS: The party who otherwise has custody of the Children on their birthdays under the regular custody schedule shall retain custody for the birthdays. The non-custodial parent shall have custody of both Children for each of the Children's birthdays on either the day before or the day after each Child's birthday, in accordance with that party's preference. 6. The Father shall be entitled to have custody of the Children for summer vacation each year for up to 3 weeks, which can be scheduled as separate days or entire weeks, in accordance with the Father's preference. For a 1 week period of custody under this provision, the Father shall provide at least 30 days advance notice to the Mother. For a single day of custody under this provision, the Father shall provide at least 5 days advance notice to the mother. 7. The party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception that the Father shall provide all transportation for his weekday evening periods of custody. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE , J. cc: Carol J. Lindsay, Esquire - Counsel for Father _? ???j8?99• Laurie Silvis, Mother 6 .. -,? • ci ;l' ._ . c',,. ._. JAMES E. SEITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 99-5457 CIVIL TERM LAURIE HELM SILVIS, : CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CU BERLAND OXtM RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathaniel James Seitz January 23, 1992 Mother Devin Gordon Seitz August 11, 1994 Mother 2. A Conciliation Conference was held on October 27, 1999, with the following individuals in attendance: The Father, James E. Seitz, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Laurie Helm Silvis, who appeared at the Conference without legal counsel. 3. The parties were able to reach an agreement as to ongoing custody arrangements at the Conference and a custody schedule is set forth in the attached proposed Order. At the Conference, the Mother requested a provision in the order prohibiting the Father from leaving the Children in the unsupervised care of the paternal grandparents. The Father adamantly opposed inclusion of such a provision. Although a variety of alternatives were discussed at the Conference, the parties were not able to reach an agreement on this one issue and it will be necessary to schedule a Hearing for this limited purpose. The parties agreed that no other issues would be addressed at the Hearing as all other custody matters have been resolved as stated in the attached Order. 4. The Mother's position is as follows: The Mother stated that when the Children were ages 4 and 2, they separately described incidents of sexual abuse by the paternal grandfather. According to the Mother, the matter was investigated by Children and Youth and the state police were notified. Although the investigation was concluded as unfounded, the Mother stated that the investigator involved explained to her that it did not necessarily mean that no abuse had occurred and that these types of allegations were difficult to prove. The Mother believes the Children's accounts were reliable and feels that the Children would be placed in danger of a reoccurring incident if left alone with the paternal grandparents. 5. The Father's position is as follows: The Father stated that he does not believe the alleged incidents of abuse ever occurred and assured the mother that he would never place the Children at risk. The Father feels that such a restriction on his custodial rights is completely unwarranted. The Father, through counsel, indicated that the paternal grandparents strenuously deny all allegations and were indignant at their treatment throughout the investigation. The Father objects to any restriction on his ability to leave the Children in their paternal grandparents care for any period of time during his periods of custody. The Father believes a Hearing is necessary in order to finally conclude this natter. 6. The Conciliator recommends an Order in the form as attached providing for an ongoing custody schedule and also scheduling a Hearing on the sole issue of whether the Children's contact with the paternal grandparents should be supervised or unsupervised. It is expected that the Hearing will require approximately 2 hours. (Oct-o bwr .17 mg Date Dawn S. Sunday, Esquire Custody Conciliator ?I?'1 ?? , :,?? E W 2 o g WM H N ? 4 Q H H = p 9 v o e U Q ? i .4 C n?i ,?7 V l C5 `7 q R ?P1 vi¢ i? c 1 p ?? yy M w ? ? Ln ,nom H4 H Vi H U n m F 2 41 W ~ g JAMES E. SEITZ, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LAURIE ANN SILVIS, Defendant/Petitioner 99-5957 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of January, 2000, after hearing, this matter is continued in order that Dr. Arnold Shienvold may conduct an evaluation of the children and present testimony, if necessary, at a further hearing. The grandfather is requested to participate in that evaluation with Dr. Shienvold. In the interim, it is specifically ordered and directed that father is never, under any circumstances, to allow the children to be alone in a room or in a corner of the room with the grandfather. In all other respects, our order of November 17th, 1999, shall remain in full force and effect. The costs of Dr Shinevold's evaluation are to be paid by petitioner/defendant. Marcus A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 For the Plaintiff James E. Seitz, Pro Se 9 Larken Lane Mt. Holly Springs, PA 17065 By the Court 1-/3-00 g}5 It f'tFU,-0-FCE '..i7l9Y 00 JAN 13 A:1 9:07 CU;•6iii ; lv COUNTY FENNSYL!,A IIA JAN 14 200k1 JAMES E. SEITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : N0. 99-5457 LAURIE ANN SILVIS, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 11th day of January, 2000, the Conciliator, being advised by counsel that a Hearing was held before the Court on January 7, 2000, at which time all outstanding custody issues were resolved, hereby relinquishes jurisdiction in this matter. The Custody Conciliation Conference scheduled for January 13, 2000, is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator cr o? CC) S 7 Q U J U