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HomeMy WebLinkAbout01-6063Theresa 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 KIMBERLY L. SEYBERT and CRAIG A. SEYBERT Defendants NO. 2001- CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY The plaintiffs are James R. Morrow and Bonnie J. Morrow, residing at 917 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendams are Kimberly L. Seybert and Craig A. Seybert, residing at 917 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, and 21 Shingus Circle, Grantham, PA 17027, respectively. 3. Plaintiffs seek custody of the following child: Name Present Residence Date of Birth Kyle Seybert 917 Sheffield Avenue 08/22/93 Mechanicsburg, PA The child was not born out of wedlock. The child presently is in the custody of Kimberly Seybert, who resides at 917 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past five (5) years, the child has resided with the following persons at the following addresses: Name James & Bonnie Morrow Kimberly Seybert Kimberly & Craig Seybe~t Address 917 Sheffield Avenue Mechanicsburg, PA 21 Shingus Circle Grantham, PA Dates 03/23/01 to date 08/22/93 - 03/23/01 The mother of the child is Kimberly L. Seybert, currently residing at 917 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is married. The father of the child is Craig A. Seybert, currently residing at ADDRESS. He is married. 4. The relationship of plaintiffs to the child is that of maternal grandparents. The plaintiffs currently reside with the following persons: Name Relationship Kimberly Seybert daughter Kyle Seybert grand-son 5. The relationship of defendant Kimberly L. Seybert to the child is that of mother. Defendant Kimberly L. Seybert currently resides with the following persons: 2 Nanle James & Bonnie Morrow Kyle Seybert Relationship parents son The relationship of defendant Craig A. Seybert to the child is that of father. Defendam Craig A. Seybert currently resides with the following persons: No one. 6. Plaintiffs have not participated as parties or witnesses, or in another capacity, as yet, in other litigation concerning the custody of the child in this or in another court. There is a custody action pending in this court docketed as: Craig A. Seybert v. Kimberly L. Seybert, Cumberland County # 2001-2180. Since Craig A. Seybert instituted that action, the court has entered the following orders: a. 05/21/01: This order awarded primary custody to Kimberly Seybert and partial custody to Craig Seybert. The order also required Craig Seybert to secure a psychiatric evaluation. A copy of the order is attached as Exhibit 1. b. 08/27/01: This order vacated the terms of the May 21 order in all respects except the requirement that Craig Seybert secure a psychiatric evaluation. The order awarded primary custody to Kimberly Seybert and partial custody to Craig Seybert. A copy of the order is attached as Exhibit 2. c. 09/06/01: This order denied Craig Seybert's special relief petition, which sought relief from the requirement that Craig Seybert undergo a psychiatric evaluation. A copy of the order is attached as Exhibit 3. Plaintiffs have information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: Craig A. Seybert v. Kimberly L. Seybert, Cumberland County # 2001-2180. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. plaintiffs have provided daily care, custody, control and nurturing for Kyle since he was 6 weeks old; b. Kyle has spent over half his life with plaintiffs; c. Kyle has benefitted socially, emotionally and psychological- ly from his time with plaintiffs; d. plaintiffs want to ensure that Kyle continues to benefit from from his time with plaintiffs, particularly now that his parents are separated and going through a divorce. 8. 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. 4 Wherefore, plaintiffs request the court grant them custody of the child, as more particularly set forth on their proposed order, which is attached to this complaint as Exhibit 4. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiffs Date: October 21, 2001 5 Exhibit 1 CRAIG A, SEYBERT, Plaintiff . KIMBERLY L. SEYBERT, Ddeudsnt : IN TH~ cOURT OF COMMON pLEAS OF : CUMBERLAND COUiFry,PENNSYL%'A-WlA '- NO. ~001-~180 : IN CUSTODY 1. Tho Mother, K!mberly L. Seyber~ and the Father, Craig A. Seyber~, sliall have shard, legal custody ogKyle H. Seyber~ bom Au~ats~ 22, 1993. Each parent shall - have an cqual'~ight, to be cxet~-i.sed jointly with the other parent, lo make all major non- emergency cleei~o~s affecting thc ~_S;~d's Sancml well-boin8 including, bu~ not,limited ~o, all decisions rc~din~ bls boalth, education and ~eligio~. 2. Mother. shall have primary physical cuslo, dy of the c~dld. 3. Father shall have p~iods of partiall~hyiical custody as follows: drive the child lo school, t~vo hou~ every weet~ay even~ ax maum~ lp~ndpa~ents homc ~ such times as the parties a~ree, and every Saixu'day or Sunday for eight bouts. Fath~ _'h*I1 p~ovide one week's notice to Mother a~ lo which day of the weekend ~ he will exercise his eight-hour period. b. Once a pi~/chlatric evaluation is obl~in~d by Father, it shall be shared through cour~el. If no questions a~e raised as lo Father's mental health and stability. Father shall have partial physical custody on a week on week offbasis once schoo! is in ~,m,~r racess. These weeks shall be from Sunday to $~mday at 6:00 p.m. and shall continue'until school resumes, unless otherwise al~eed by the parties. c. In the ~ent ~hat the psychiatric evaluation reveals problemi, schedule provided in Paraf~raph 3a shall continue, with tht rnor~g drive to school excepted durin~ s,~mmer recess, unless otherwise air, cd by the parties. 4. The par~ies shall keep each od~r advised hnmedia~ely relative to any emergencies, medical or otherwise, concerning the child and shall, further. ncccs~a~, steps to ensure that thc health arid well being of the child is pro~ected. During such illness or n,.cdical emergency, each party shall have the rigl~t ~o vis{t the child as often as he/she deems consistent with l~e proper medical care of the child. 5. The parties ;~,~11 be entitled :o ~-asonable telephone conmc~ with the child, as is appropriale con.sidc~g the age of the child, durin~ the pericd~ when the child is not in ~ custody of rt~ party. pefly, or inju~'e ~ opinion of the child as ~o the other party, or may ~mper me nee aaa ~ devclopmaat of the child's love or affection for the othe~ pafly. 7. Traaspcnalion Shall be ~s ag~cd by the par~ies. S. The par~ies may modif~ d~e provisions of this Order by mutual consaar. In ~ absence of mutual consent, ,.he terms of this Order shall conirol. cc: Douglas G. lVfiller, Esquire - Counsel for Failer Charles P, ec~or, E.squire - Counsel for Mother TRUE COPY I~OM RECORD In Te~.¥ where~J,heFe unto ~ ~ ~nd Exhibit 2 CRAIG A. SEYBERT, Respondent/Plaintiff KIMBERLY L. SEYBERT, Petitioner/Defendant IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-2180 IN CUSTODY ORDER OF COURT · A~. NOW, this '27~'~ dayof ~.~r .2001, upon consideration of the attached Custody Concilial~°n Report, it is ordered and directed as folloWS: 1. Tha provision in the prior Order of Court dated May 21,2001, requiring Father to obtain a psychiatric evaluation hereby remains in full rome 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, bom August 22, 1993. Each parent shall have an equal right, to be exercised jointiy 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 offWeekend 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. t~' 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 olden as he/she deems consistent with the proper medical care of the child. 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 terms of this Order shall control. BY THE COURT,' ~. Wesley Oler, Iit. ,l. ' ' cc: Douglas G. Miller, Esquire - Counsel for Father Charles Rector, Esquire - Counsel for Mother tRuE coPY FROM RECO~D In Testimony whereof, I hers unt~ set my ka~d and t~ s~l of said Coo~ at Carlbie, Fa. rhi~.~, day of ~ .... ,.~ ~ Prothono~rf Exhibit 3 FROM : Charles Rector, ESR. PHONE NO. : 717+761+2161 Oct. 01 2001 04:51PM CRAIG A, SEYBEKT, Plaintiff KIMBERLY L. SEYBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAlXrIA CIVIL ACTION - LAW NO. 01-2180 CIVIL TERM AND NOW, this 6t~ day of September, 2001, upon consideration of Plaintiff's 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 Ausust 27, 2001, the petition is denied. BY THE COURT, J?esley (3~r,4r., ~ J. Dougla~ {3. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff C~"~s Rector, Esq. /1't04 Femwood Avenue J Suite 203 Cra'rip Hill, PA 17011 Attorney for Defendant In Textlmony ~her'~f, i here un[o sot m~ rhi~day o~ P~hono~r~ Exhibit 4 Theresa Barrett Malethe 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 KIMBERLY L. SEYBERT and CRAIG A. SEYBERT Defendants NO. 2001 - CIVIL ACTION - CUSTODY ORDER OF COURT ,2001, pursuant to agreement of the parties, the Court enters AND NOW, October the following Order for Custody: 1. Plaintiffs James R. Morrow and Bonnie J. Morrow ("Grandparents") shall have partial custody as set forth below: a. beginning Friday, October 26, 2001, the fourth (4th) weekend of each month from Friday after school until Monday at 7:00 a.m. b. during the school year, every Monday through Friday from 7:00 a.m. until school begins, and from after school until 5:00 c. during the school year, from 7:00 a.m. until 5:00 p.m. on every school holiday, in-service day, snow day, etc. when classes are not in session and Defendants are unavailable to have custody of Kyle, including that Defendants are at work. d. during the summer break from school, every Monday through Friday from 7:00 a.m. until 5:00 p.m. with the exception of those periods in which either Defendant takes Kyle for a vacation. e. during the summer, two non-consecutive uninterrupted seven-day periods for vacation which Grandparents will take on either end of their regularly-scheduled weekend. Grandparents shall notify Defendants in writing by April 1 of each year of the dates they choose for this period of custody. Grandparents will advise Defendants of Kyle's whereabouts and provide a telephone number where he can be reached. 2 2. Defendants shall have reasonable telephone access to Kyle when he is in the custody of grandparents. BY THE COURT: J. Wesley Oler, Jr., J Distribution: Theresa Barrett Male, Esquire for Plaintiffs Charles Rector, Esquire for Defendant Kimberly L. Seybert Douglas A. Miller, Esquire for Defendant Craig A. Seybert VERIFICATION We, James R. Morrow ar~ Bonnie J. Morrow, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are tree. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Bonnie J. Mor~w Date: October ~ , 2001 JAMES R. MORROW AND BONNIE J. MORROW PLAINTIFF KIMBERLY L. SEYBERT AND CRAIG A. SEYBERT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6063 CIVIL ACTION LAW IN CUSTODY AND NOW, Tuesday, October 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, December 03, 2001 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: /s/ Melissa P. Greevy. Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINV/t'I~$NF, t~d 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 KIMBERLY L. SEYBERT and CRAIG A. SEYBERT Defendants NO. 01-6063 Civil Term CIVIL ACTION - CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody. I certify that I am authorized to accept service on behalf of Defendant Craig A. Seybert. Date: November ,2001 Douglas G. ~vliller,' Esquire 51 3 NORTH SECOND STREET HARRISBURG; PENNSYLVANIA 17101 (7!7) 23,3-3220 Theresa Barrett Male, Esquire Supreme Court/7 46439 513 North Second Street llalrisburg, PA 17101 (717) 233 3220 Counsel lot Plaintilfs CO[IRT OF COMMON PLEAS OF CUMBER1.AND COUNTY, PENNSYI.VANIA JAMES R. MORROW and BONNIE J. rvlORROW Plaintil:fs KIMBERLY L. SEYBERT and CRAIG A. SEYBERT Defendants NO. 01 6063 Civil Tci'iB CIVIL ACTION CUSTODY ACCEPTANCE OF SERVICE accept service of the Complaint fi~r Custody. I certify that I am authorized to accept service on behalf of Defendant Kimberly L. Seybert. Date: November /9 ,2001 Cl~arlcs Rector, ,~sc~ire CRAIG A. SEYBERT, Plaimiff V. KIMBERL[ ]Y L. SEYBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW *NO. 01-2180 CIVIL TERM JAMES R. MORROW and BONNIE J. MORROW, Plaintiffs KIMBERLY L. SEYBERT and CRAIG A. SEYBERT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW -'~O. 01-6063 CIVIL TERM ORDER OF COURT AND NOW, this 8m 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 inthe mother. 3. Temporary or partial physical custody of the child shall be in the father at the following times: a. During the school year, (1) On alternating weekends, f~om 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. BY THE COURT, Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for James R. Morrow and Bonnie J. Morrow J~V"esley Ole ,~r., J. Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Craig Seybert Charles Rector, Esq. 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Kimberly L. Seybert