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HomeMy WebLinkAbout01-2180 : IN TIlE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA ¥. : CIVIL ACTION-- LAW : 2001 - -~/£~ CIVIL TERM KIMBERLEY L. SEYBERT, : Respondent : IN CUSTODY PETITION FOR CUSTODY AND NOW, this ~ 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: le The petitioner is Craig A. Seybert, an adult individual residing at 2601 Shingus Circle, P. O. Box 201, Grantham, Cumberland County, Pennsylvania 17027. The respondent is Kimberley L. Seybert, an adult individual currently residing at 9 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. o The parties are the natural parents of one (1) minor child, namely, Kyle H. Seybert, bom August 22, 1993, age 7 years. The minor child is presently staying with Respondent and Respondent's parents at their residence. Respondent and her parents have limited the times that regular periods of visitation and contact with the child take place by Petitioner. . 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. . Petitioner desires joint legal custody and joint physical custody with Respondent as can be mutually arranged between the parties. The best interests and permanent welfare of the child requires that the Court grant the Petitioner's request as set forth above. , Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 fights 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 Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner, Craig A. Seybert Date: April !1 _,2001 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by my counsel and myself in thc preparation of this action. I have read thc statements macic in this document and they arc true and correct to thc best of my knowledge, information and belief. I understand that false statements herein made are subject to thc penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to author/ties. Date: ---~E_~.~~:h ~, 2000 . IN THE COURT OF COMMON PLEAS OF CRAIG A. SEYBERT : CUMBERLAND cOUNTY, PENNSYLVANIA PLAINTIFF V. KIMBERLEY L. SEYBERT : 01-2150 CIVIL ACTION LAW DEFENDANT : : IN CUSTODY ORDER OF COURT · AND NOW, Friday, A~ 2001 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaeq______ueline M. Verney, Es__~_~q:~, the conciliator, Wednesday, May 16, 2001 _ at 2:30 p.m. at 4th Floor, Cumberl~ Courthouse, Carlisle on for a Pre-Heating 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 THE COURT, By: 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 CRAIG A. SEYBERT, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY,PENNSYLVANIA V. · CIVIL ACTION - LAW · NO. 2001-2180 KIMBERLY L. SEYBERT, Defendant ' · IN CUSTODY ORDER OF COURT AND NOW, this ~1.~ day of_ V~ ? ~ _, 2001, upon consideration of the attach-ed-Ct/stody Conciliation RepOrt, it is ordered and directed as follows' 1. 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 parem shall have an equal right, to be exercised jointly with the other parem, 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. 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 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 fight 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 ch/Id 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 terms of this Order shall control. BY THE COURT, cc: Douglas G. Miller, Esquire ._ Counsel for Father Charles Rector, Esquire __ Counsel for Mother CRAIG A. SEYBERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANiA ~. ' · CIVIL ACT/ON. LAW KIMBERLY L. SEYBERT, ' Defendant : NO. 2001-2180 · IN CUSTODY PRIOR JUDGE: None 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 thc 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, Char/es Rector, Esquire. 3. The part/es agreed to an Order in the form attached. Date Custody Conciliator CRAIG A. SEYBERT, . · IN THE COURT OF COMMON PLEAS Respondent/Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA · V. 'NO. 2001-2180 · KIMBERLY L. SEYBERT, · CIVIL ACTION - LAW " Petitioner/Defendant · 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. 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: Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Petitioner/Defendant Date: "'I~,\C{~,~ CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the ~)(~ '~ 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 Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: I Yer/~ f/~ ~he tt"temertte r~ac/e ~em/r~ ~re t/'~e anc~ oOrreot. / u/~c~erstar~ t'a/~e etate~en~e/~erelr~ are r, ac/e aC/b./e~ to the ~er~a/t/e= o~' ~$ Pa.¢.$. Seotior~ 4904, CRAIG A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNT¥,PENNSYLYANIA V. : : CIVIL ACTION. LAW KIMBERLY L. SEYBERT, : NO. 2001-2180 Defendant : : IN CUSTODY ORDER OF COURT AND NOW, this_f~]~ day ofno.~," follows: directed as 1. The Mother, KimbeHy L. Seybert and the Father, Craig A. 8eybert, shall have shared legal custody of Kyle H. Seybert, bom 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 genera/well-being including, but not limited to, all decisions regarding his hca[th, education and religion. 2. Mother shall have primary physical custody of the cl~ild. ., 3. .ve pe od ofp . tody follows: a. Pending a psychiatric evaluation, every school morning in order to drive the ckild 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 rais , , health and stability o+,....~_, ed _as to Father s mental -,, F,,,,,~, ~a~l have nart;.~ ,,~,.,..:__, . . week on week off basis once school is in summer recess. These weeks r---~-,,~ pssyal~;a,l CLISIOC[y 011 a shall be from Sunday to SUnday at 6:00 p.m. and shall continue until school resumes, unless otherwise agreed by the parties. ¢. 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 an.y.,.~:....., .......... ~ i'.!!' : ................... :.. '' . .~..... ' ,'~ · .. ,.. ..., ;: 'i · : .-:.:..:. .... .......... . ....... :..~. ... ' o . necessary steps to ensure that the health and well being of the child ~s 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. S. 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 terms of this Order shall control. cc: Douglas G. Miller, Esquire- Counsel for Father Charles Rector, Esquire- Counsel for Mother TRUE COPY RECORD In Te~ti here unto set my hand and of said Pa. CRAIG A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYI. NANIA V. : CIVIL ACTION - LAW : NO. 2001-2180 KIMBERLY L. SEYBERT, Defendant ' : IN CUSTODY PRIOR JUDGE: None 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 BIK~ CU.R.i~NTLY IN CUSTODY OF · Kyle H. Scybert 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. Scybert, was present with counsel, Charles Rector, Esquire. 3. The parties agreed to an Order in the form attached. Date Custody Conciliator ...... CRAIG A. SEYBERT ' IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY L. SEYBERT : DEFENDANT ' 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 before Jacqueline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland Count~ 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 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 THE COURT, By: /s/ Jacqueline M. Verney, Esa./6,Y _ 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 heating or business before the court. You must attend the scheduled conference or heating. 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 · CRAIG A. SEYBERT, · IN THE COURT OF COMMON PLEAS OF Plaintiff, · 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 __~~day 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: le The averments of fact contained in paragraph one (1) are admitted. e The averments of fact contained in paragraph two (2) are admitted. e 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 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. o 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. o 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 fu~¢r 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. WHEREFORE, Plaintiff, Craig A. Seybert, respectfully requests this Honorable Court to dismiss Defendant's "Petition for Contempt." Respectfully Submitted, IRWIN, MeKNIGHT & HUGHES By: Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfi'et Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: August __~, 2001 Attorney for Plaintiff, Craig A. Seybert 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 here/n made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to UnSWorn falsification to authorities. Date: ~, 2001 CRAIG A. SF~YBF~RT, Plaintiff, ' IN THE COURT OF COMMON PLEAs OF · CUMBERLAND COUNTY, PENNSYLvANiA '. CIVIL ACTiON LAW KIMBE~y L. SEYBERT, ' 2001 . 2180 Defendant. ' CIVIL TERM IN CUSTODy 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 c/ass United States mail, postage paid/n 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, MeKNIGHT & HUGHEs Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pornfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Craig A. Seybert CRAIG A. SEYBERT, ' IN THE COURT OF COMMON PLEAS OF Petitioner : · CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION- LAW : 2001-2180 CIVIL TERM KIMBERLY L. SEYBERT, ' Respondent · IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 3/Srday 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. 4. The parties are the natural parents of one minor child, namely, Kyle H. Seybert, bom 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 tree 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 finally 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) of the Order dated May 21, 2001, incorrectly states that Petitioner agreed only to obtain a psychiatric evaluation. 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 findings 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, 2001. 16. Although the Conciliator did not find that Petitioner was in contempt, and although the parties did not reach an agreement regarding the furore custody schedule, an Order of Court was entered on August 27, 2001. A tree 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 obtaining a second evaluation, and restoring the week on, week off custody arrangement pending another custody conciliation between the parties. Respectfully submitted, IRWIN, MeKNIGHT & HUGHES Dougla~(~. Miller, E'squire--- Supreme Court I.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 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 unswom falsification to authorities. Date: August 31 ,2001 EXHIBIT "A" CRAIG A. SEYBERT, · IN THE COURT OF COMMON PLEAS OF Petitioner · CUMBERLAND COUNTY, PENNSYLVANIA v. · CIVIL ACTION- LAW · 2001 - CIVIL TERM . KIMBERLEY L. SEYBERT, · -.. Respondent · IN CUSTODY · .... · PETITION FOR CUSTODY. " .'- _. AND NOW, this I!~/~ day of April 2001, comes the Petitioner, Craig A. Seybert, by and through his attorneys, Irwin, McKnJght and Hughes, and presents the following Petition for Custody, averring as follows: . The petitioner is Craig A. Seybert, an adult individual residing at 2601 Shingus Circle, P. O. Box 20 l, Grantham, Cumberland County, Pennsylvania 17027. The respondent is Kimberley L. Seybert, an adult individual currently residing at 9 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. e The parties are the natural parents of one (1) minor child, namely, Kyle H. Seybert, bom August 22, 1993, age 7 years. 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. Si 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. e Petitioner desires joint legal custody and joint physical custody with Respondent as can be mutually arranged between the parties. t The best interests and permanent, welfare of the child requires that the Court grant the petitioner's request as set forth above. e Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 fights 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. WltEREFORE, 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, McKNIGI:IT & HUGHES · Do'~"~h's ~: ~'lffi'e~',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 !l ,2001 '1 EXHIBIT "B" CRAIG A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION - LAW KIMBERLY L. SEYBERT, : NO. 2001-2180 Defendant : : IN CUSTODY ORDER OF COURT consideration of the attached Custody Conciliation ~¢port, it is ordered and directed as follows: 1. The Mother, Kimbcrly L. Scybcrt and the Father, Craig A. Seybcrt, shall have shared legal custody of Kyle H. Scybcrt, bom 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. 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 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. 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 terms of this Order shall control. BY , './// J. · cc' Douglas G. Miller, Esquire- Counsel for Father Charles Rector, Esquire - Counsel for Mother CRAIG A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYI.:VANIA V. : CIVIL ACTION- LAW KIMBERLY L. SEYBERT, : NO. 2001-2180 Defendant : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191 $.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. Date ~acq~eline M. Vemey, Esquire~'~ Custody Conciliator EXHIBIT "C" CRAIG A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION - LAW KIMBERLY L. SEYBERT, · NO. 2001-2180 Petitioner/Defendant · : IN CUSTODY ORDER OF COURT AND NOW, this ,~'; ~'' day of ~.~,~,. ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows' ' . 1. The provision in the prior Order of Court dated May 21,2001, requiting 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, bom 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 e, 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. 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 fi'om 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, cc' Douglas G. Miller, Esquire- Counsel for Father Charles Rector, Esquire- Counsel for Mother TRUE COPY In Testimony who. reef, I ~'.~... and the, seal of said Court at Carlisle, This_~ z'..~,__day of_.~_ Prothonol,~rl CRAIG A. SEYBERT, :IN THE COURT OF COMMON PLEAS OF Respondent/Plaintiff ·CUMBE~AND COUNTY, PENNSYLVANiA V. :CIVIL ACTION- LAW KIMBERLY L. SEYBERT, :NO. 2001-2180 Petitioner/Defendant : · : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 August 22, 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 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 flied 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. · Date - Custody Conciliator CRAIG A. SEYBERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, · 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 IRWIN, McKNIGHT & HUGHES GJ~liller~ ' ~ - ~ Douglas 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 II CRAIG A. SEYBERT, · IN THE COURT OF COMMON PLEAS OF Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW V. · 2001'2180 CIVIL TERM KIMBERLY L. SEYBERT, ' Defendant. ' IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this ~~day of _~g~~_, 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. e The Defendant is Kimberly L. Seybert, an adult individual currently residing at 917 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. e 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. , 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. e 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. e 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. e Defendant did not allege in her Petition that there have been any incidents since the conciliation conference to justify her alleged concerns. , The parties have in fact maintained the existing week on, week off schedule without any significant problems. e The parties reside within the same school district, and in fact live only several miles apart. 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 f'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 offbasis 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. 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. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Craig A. Seybert Date: August 31, 2001 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 unswom falsification to authorities. . SEYBERF Date: August 31 _, 2001 · i · · i d · · 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 Camp Hill, PA 17011-6912 IRWIN, McKNIGHT & HUGHES Douglas~. ~Vlille'r, Esquire- Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfi'et Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner, Craig A. Seybert Date: August 31, 2001 CRAIG A. SEYBERT, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA 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 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 August 27, 2001, the petition is denied. B Y THE COURT, JJ~resley ~,~Jr., ~:, J. Douglas G. Miller, Esq. 60 West P omfret Street Carlisle, PA 17013 Attorney for Plaintiff "C) C::: ........ :'~ Charles Rector, Esq. .z~ ~ 9-o'~-o/ -~::':: .... ~..,> ...~  ~ ' ~i":" 1104 F emwood Avenue ~ :;.:, , _,.., ......~ Suite 203 Camp Hill, PA 17011 Attorney for Defendant :rc CRAIG A. SEYBERT : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : KIMBERLY L. SEYBERT : 01-2180 CIVIL ACTION LAW DEFENDANT · . 1N 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 Jaequeline M. Verney, Esq. , thc 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 bc made to resolve thc issues in dispute; or if this cannot bc accomplished, to define and narrow thc issues to bc heard by thc court, and to enter into a temporary order. All children age five or older may also bc present at the conference. Failure to appear at thc conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, 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 heating or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATrORNEY 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 CRAIG A. SEYBERT, · 1N THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. ' CIVIL ACTION- LAW KIMBERLY L. · SEYBERT, . Defendant · NO. 01-2180 CIVIL TERM JAMES R. MORROW · IN THE COURT OF COMMON PLEAS OF and BONNIE J. ' CUMBERLAND COUNTY, PENNSYLVANIA MORROW, . Plaintiffs · v. ' CIVIL ACTION- LAW KIMBERLY L. · SEYBERT, . Defendant ' NO. 01-6063 CIVIL TERM ORDER OF COURT AND NOW, this 2na 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, '"" '?i'heresa 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 O "~-t0 t/- Attorney for Craig Seybert Charles Rector, Esq. 1104 F emwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Kimberly L. Seybert :rc 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 : Plaimiffs · v. : NO. 01-6063 Civil Term · KIMBERLY L. SEYBERT and : CRAIG A. SEYBERT : Defendams · CIVIL ACTION - CUSTODY PLAINTIFFS' MOTION TO CONSOLIDATE CUSTODY ACTIONS PURSUANT TO PA. R.C.P. 213 1. On October 23, 2001, Plaintiffs James R. and Bonnie J. Morrow ("Grandparents") instituted the instant custody action. 2. Grandparems seek partial custody of their grandson, Kyle Seybert (dob' 08/22/93). 3. Defendams Kimberly L. Seybert ("Mother") and Craig A. Seybert ("Father") are Kyle's parems. 4. At the January 31, 2002 custody conciliation conference, Grandparents submitted to defendams and the conciliator their proposed custody order. A copy of the order is attached as Exhibit 1. 5. Mother agrees with the terms of Grandparents' proposed custody order. 6. Father opposes paragraphs 2, 3, and 5 of Grandparems' 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 plaimiff and the defendam, 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 relevam 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. R.C.P. 213 (a). 13. Instantly, the custody actions involve common questions of law and fact. 14. The actions involve the same parems 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. 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. 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. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiffs Date: January 31, 2002 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 Femwood 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 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiffs Date' February 1, 2002 CRAIG A. SEYBERT, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · v. ' CIVIL ACTION- LAW KIMBERL[ ]y L. . ' SEYBERT, . Defendant ' /No. 01-2180 CIVIL TERM JAMES R. MORROW · IN THE COURT OF COMMON PLEAS OF and BONNIE J. ' CUMBERLAND COUNTY, PENNSYLVANIA MORROW, . Plaintiffs . v. ' CIVIL ACTION- LAW KIMBERLY L. . SEYBERT and CRAIG A. · SEYBERT, . Defendants ' NO. 01-6063 CIVIL TERM ORDER OF COURT AND NOW, this 8t~ 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, (1) On alternating weekends, from Friday at 6:00 p.m. until Monday moming 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 moming; (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 Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Craig Seybert ~ .,~)-'~ ) ' °~ o z) Charles Rector, Esq. ' ~ 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Kimberly L. Seybert :rc : cRAIG A. SEYBERT, : ~ r~ C0~T OF CO~ON PLE~ OF Responden~la~tiff : C~E~~ CO~Y, PE~S~V~ V. : C~ ACTION- LAW ~ ~~E~Y L. sE~ERT' : NO. 2001-2180 Pefifioner~efendant : ' : IN CUSTODY .- .. , ANDNOW, th/s -77~z-' day ~ upOn · of' ' ' ' '20 ' consideration of the attached Custody Concnia eport, 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 L. Seybert and the Father, Craig A. Seybert, shall have shared legal custody of Kyle II. Seybert, born August 22, 1993. Each'parent shall · have an equal r/ght, to be'exercised jointly with the other parent, :to make all major non- emergenCy decisions, affecting the ch/ld's general well-be/ng including, but not I/m/ted ' · to, all decisions regarding Ms health, education and ml/g/on, 3. Mother shal! have pr/mary physical custody of the child. 4. 'Father shall have per/ods of partial Physical custody as follows- a. Alternating weekends, from Friday at 6:00 p.m. to Monday morn/ng 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 7:3'0 p.m. t8''' . ' " co/ncide with the ch/Id s soccer practice. Father shall advise Mother of'wkich weekday he has selected at the beginning of the week. 5. Holidays shall be shared as agreed by the part/es. .. 6. The parties shall keep each other advised immediately relative to any emergencies, medical or otherw/se, c°nCeming the ch/Id and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. Dur/ng such illness or medical emergency, each party shall have the fight to v/sit the ch/Id as often as he/she deems consistent with the proper medical Care of the ch/id. .ll .: the periods when the child is not.. · as is apTpropriate considerin~ the ase of t~e cram, ~,~,,,,e · in the custody of that party.. ' ' 8. Neither party shall do anythin$ 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. - . · " xes ms' modify the provisions of this Order by mutual consent. In . 10. The part' Y . · I control. .the absence Of mutual consent, the terms of this Order shal · . · BY ~ COURT, .. · . . .' cc: Douglas G. Miller, Esquire - Counsel for Father Charles Rector; Esquire - Counsel for Mother .. I'R JE COPY in Test{mon¥ whereof, I here un~ set ~y ~and a~d the'seal of said Cou~ at Carlisle, ~a. This ~~daY of~,-3~ ~ ;.an .3! 02 04:26p I~ieg~!er, Shienvo!d & Rsso ?!?-540-14!6p.2 Curriculun~ Vitae JZ ¥ PINCUS PERSONAL DATA Residence: 2020 Rock F~ Road H~Sbur~ Pe~sylv~a 17110 (717) 652-6109 Office: 2151 L~glesto~ Road,/~te 200 ~sburg, Pe~lv~a 17110 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. Ps'ycholo~, Kent State Un/versity, Kent, Ohio. 1977. LICENSURE AND CERTIF/CATION Pennsylvania Psychology License, No. PS-003472.L. Cer~cate of Pro~ciency in the Treatment of Aleoho! sad Or&er Psychoaci/ve Substance Use D/sorders, No. AD001076, American Psychologica/ Assodation College °fProfessional Psychology. Certificate °£Professional Quali~c~on in Psychology, No. 391, Associalion of State and Provincial Psychology Boards. PROFESSIONAL ASSOCIATIONS American Psychological Association Eastern Psychological Association Pennsylvania psycholosical Association (Fellow) President (1996-1997) President, Public Sector D/v/sion (i 993-1995) mm er-, Shienvo!d & Rsso '7!'7-5~0_!4.!6 p.3 ~OARv 01~ D/R~CToR~ Treatment Reso~ccs Co~a - Daup~ Count, Co- , b~a~ve (1988 CL~Ic~ ~~~~C~ Psycaoto~~ ~egler, S~enVold & ~sociates, (~', 2000-Present). ~di~ . ~Sbur8, ~a~, ] gS&J~., 2000). ~~d~, f~y, COuples and ~oup tb~apy, eV~uadons ~d coasuka~oas Pra~ice. P~cbolo~sL ~oly Spi~t ' C~p ~, PA. ~ospit~ Co~u~ Ment~ He~ Center, (Sept., 1978-Feb., 1998). ~di~du~ · C~dren s ~oup ~crapy, CU~c~ Supe~sion peer renew ~d CO~ultafion ~ '~ y~ycao~o~c~ assessment, he~ cent~, a COmprehe~ive CO~u~ty ment~ P~cbolo~L Holy Sp~t Hospir~ D C~p ~, PA. u~g ~a ~cohol . ACing Director, Daup~ Coun~ Counsding Center, ~~sburg, (Dec., ] 994_/~e, 1995). A~g CEO ora pubficly ~ded co~u~ men~ he~ center dung ~ org~ation~ tr~~on pe~od. Consulter, ~U~be~to~ Co~se~ng Center, El~abethto~ PA. ?~Y, 1985-Dec., 1991). C~e consuka~on ~d psycholo~c~ m a P~v~e OU~afient cou~eUng se~g. eV~ua~o~ Psycbolo~L Susqueh~a V~ey C~t~, H~bur~ PA. ~ov. 1983-~y, ~ 986). Psycholo~c~ cV~ua~oR ~oup th~py, pa~ent ~d ~~educa~on ~d supe~sion ~ ~pa~ent d~g ~d ~cohol treatment f~~. ~an ~'1 02 04:26p Ri~!~r, Shi~nvold & Rsso ?17-540 Independent Practice, ~arr~bu~g, PA. (~ov. ! 982-Dcc., 1993). ~d~dua~ f~Y, couples therapy, p~choIo~c~ ~sessm~t. Psychologist, T~bot ~, ]one~o~ p~ Aug. 1978). Clinical C~~inator, (~~, 1977- 1978-Aug., 197~). Indi~du~, ~d ~oup ~apy, psycholo~c~ ~seSsment, st~~d pro~~ development ~d U~son ~~ refe~ ~cncies E a reside~~ treatment Ca~~ for adolescents. P~cbolo~ ~tem, Po~c Co~~ CMl~en's Se~ces Center, Ken~, 0~o. (S~t., 1976-Aug., 1977). H~.~e' F~ly ~d ~di~du~ ~sessment ~d school consultation ~ a c~Idren's co~~ty ment~ ~e~ center. Psycbologic~ As~is~nt, Wa~e-Holmes Ment~ He~th Center, Woofer, O~o. (]une, 1976.Au8.' 1976). H~f-t~e. ~di~du~ ~d couples ~erapy, P~cholo~c~ ~sessm~t ~d pro~~ ~ua~on E ~ outpatient c°~~tY men~ he~ C~ter. P~cbolo~ T~iaee, Drag Dependence U~ V~er~ Ad~~ar~on Hospit~ BreeZe, O~o. (Sept., 1975-Sep~., 1976). 3/~-fime. ~oup, ~di~du~ ~d couples therapy, psycholo~c~ assessment ~th mba~ce dependent Patients on bo~ ~ ~pafient ~d outpatient ba~s. PsYch°l°gic~ ~te~, W~ter G. Nord C~ter, ~l~~ O~o. (J~e, 197~ Aug., 1975). H~_~e' Member of~ ~ · · · prodded bo~ prev~five ~d ~rd~p~~ te~ w~ch Veatment oriented mtc~cnfio~ to a se~-mr~ count, hdi~du~, ~uples ~d ~oup therapy, psycholosic~ ass~sment ~d consultation. Practicum Student~ Psycholo~c~ C~c, Kent State U~ver~, Ken~ OMo. (J~e, 1973-~e, 1974). ~~d~ ~d f~y therapy ~~ adults ~d c~dren ~om bo~ ~e ~versi~ ~d its su~o~~ co~u~. SUmmer ~te~, Ha~omden Stac Hospi~ No,eld, O~o. (June, 1973- Aug., 1973). P~-~e ~si~ent to Psycholo~ dep~en~ where dufi~ ~cluded ~s~sment ~d ~oup therapy, P~-time ~~ent to token economy adolescent w~d. . i~s, ~-k~ _.-~4.o~~' ' · p~c~s, 1. 09v · ' ~o~a6oa~ ~ ~c {actors ~d ] ~SB~e~st~' -~~' 's co ~.~ ~9.~63-49~. D~ ~~o~S: ~ssueS ~ ~ 5%~~ abuse . i99~). ~d sub on ~s.J, ~ ' ~ OUt ~ ~ Rie~ler' Shienv°ld & Rsso 717-540- 2.an. ~'1 02 04:27P TEACHING EXPE~NCE Ins~ructor~ Department of Behavioral Sciences and Education, The Pennsylvania State University, Harrisburg, PA. (199?-Present). Teaching undergraduate and graduate psychology courses, including Ethics, Abnormal Psychology, History' and Systems of Psychology and Adult Development. Instructor, Departmen~ of Psychology, ~filiersville Un/versity, Mille~e, PA. (199~-present). Teaching graduate courses, Group Process and Persona]/ty, The Study of the Individual. Adjunct Professor, The Union for ExPerimenting Colleges and Universities, (1988-1990). Assisting dissertation research, and serving on doctoral comnU'ttee 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 earo~ed in Practicum. Teaching Assistant, Kent Sate University, Kent, Ohio. (1976). Course: "The Institutionalized Patient." Duties included teaching/supex~sion of active .listening and helping skills to undergraduate volunteers. Elliot Riegler. Ph.D. (1948- 1999) Arnold T. Shienvold. Ph.D. Melinda Eash, MS James Eash. LSW · Michael J. Asken, Ph.D. & Associates Bonnie Howard, Ph.D. Amy K. Keisling, AcSW, LcsW, BCD Tracy Richards, QcSW, LCSW Don Lawrence, LSW Dyanne Seymore, QcSW, LSW Jeffrey Pincus, Ph.D. Ann Yergales, AcSW, LSW, BCD Lisa R. Paponetti, MA PSYCHOLOGICAL EVAL UA rlo Name: Craig A. Seybert ~ l)ate 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 determine his suitability to have overnight custody of his son. Mr. Seybert was evaluated by means of a clinical interview and the ~esota Multiphasic Personality Inventory, -2 (MMPb2). rvations: - ----omed and cooperative- He Obse . · -*:---, He was pleasant, wen.'~_....,4o, e to the evaluation · · for his evatuauu~- rmal anct . Se bert was on tune ___j ,:..~o His affect was no _ _. ~r~,,,o_ht orocess and 1~11'. ;Y ...... .nl Ge aim - -dented to p~t~u~, r-a was tm ...... ,~,~v was cairn, sp~ ludgrnent and insight Were intact. No situation. Mom, -~- ....~ intact. thought content were normal, memory was evidence ofthought disorder or affective disorder was elicited. Background: Mx. Seybert reported that he has been. married to 'Kim for eight years. They have a seven year old marital separation for reasons that were ~'-'- Kim's parents. Craig can only see Kyle son, Kyle. In March 2001, Klm told him she wanted a urrently' living w~tu ..... t-rai~ Klm and Kyle a_re c __~ c,,t eio_ht hours on week~d.s with no overnight visits. Cl¢flI to x., :=- , ¢ auu ~t, ~ · · un ..... ~;,-,' s narents hous .--- · violent and smcidat. on weekmgUts a_t ~_~,-~Joa mat Craig is potenuany Klm reportedly has au~ · I otential Craig came up with four suicida P o Kim · , concerns about violent and - ' an argument several years ag , ' asked about _I~ s _ ' ated that once, during ...... ~,, d He says he Wh~_ __ concern. He st . __ s he began to ~ovon · ..,,~dh sources for her ._. __J ~.l,~e to walk away a ~aid some things cnu~a, '" ~ 2151 LinglestoWn Road, Suite 200 ' Harrisburg. pennsylvania '17l 10 ' (.717) 540-1313 · Fax' (717) 54' l~ageo" Re: Craig A. Seybert .to violence. He appears capable u~ any r/sk of hartt~.~..~, ofhaving Overnight custody of/tis son *vithout placing the child '-' ,' Jel~ey P/ncus, Ph.D. Cl/nical Psycholog/st Riegler · Shienvold & Associates (717) 540-1313 · 2151LinglestownR_oad, Suite 200 · Harrisburg, Pennsyivnnia 17110 Initial Assessment Patient DOB: ' Gender: Patient ID #: I I I 1 History 0f Present Illness: Axis I: Code Name Secondary Client's Presenting Concern/Symptoms: /m /~J' i Clinician Signature: Date: ~'// ~2/__~~/ Name/Dep*ee: ,/h (~.. U ~_ C3 Client consents, and cop), of this initial assessment sent to physician Date Sent: / / C3 Client declines consent, so no initial assessment sent to physician Pnfient Name: /~ ID #: . Current Medieations: ~.onditio.. M_~i~_t_ion Dose Frequency List known allergies and untoward retetions to dru~: - · Previous Mental Health and Substance Abuse Treatment: _~_te of Servi~ Provid~ N_nme Level of Care' Duration MH SA Outcome Mental Status Exam: General Appearance: ~Well-~oomed l~i Casually Groomed !"1 Disheveled UI Bizarre f=i Inappropriate E! Older/Younger El Other Motor Activity:,d~Cakn [-! Hyperactive !"! Agitnted !-I Tremors/Tics l"l Muscle Spasm f=! Tense/Rigid !"1 Underactive !=] Aggressive !"! Other Mood: --[~l'Nmmal i"1 Flat I-! Depres~ !-I Anxious I"1 Euphoric I-I Cheerful I-I Angry/Irritable ' Affect: ~i'Appropriate I-! Labile !"i Expansive I"1 Blunted C] Constricted El Tense !-I Inappropriate Speech: /l~Normal f=l Hesitant f=! SoR t"l Loud I-I Slurred f=! Verbose !"1 Pressured I"1 Incoherent Thought Process: .-~Normal f=l Tangential El Circumstantial [=1 Flight ofldeas .fl Loose Associations Thought Content: t~:~ormal E! Delusions (specify type) ["1 Phobias (specify type) I"1 Depersonnlizati~enlization .fl Obsessions I':! Other Perception: ~]'Nm3nal I-I Auditory Hallucinations E! Visual Hallucinations f=l Other Orientation: ~Fully Oriented. !"! Disoriented: Always Sometimes Time Place Person Memory: ]~J'Intnct f=! Impaired Copfitive Funct~n: General Knowledge~Intact '1-1 Impaired Concentration/Attention: ~[~Good I"i Variable !"1 Distractible I"1 Other Judgement: .J~tnct .!"1 Impaired Insight: .~]'Intnct i"! Impaired Sleep: ~ Normal I-I Insomnia I"!' Freq Awakening .FI Nightmares Appetite: ~[~N~al [=1 Increased !-I Decrensed f=! Binging !-I Purging !"1 Gnin/Loss of lbs Using the following scale: {)=nme 1~ 2---suspected 3--tmk~own *. Is there evidence of suicidal ~ ideation ~ intent ~lnn ~53current attempt ~lzi~~ of attempt * Is there evidence of homicMal 5J..ideation ~? ..intent ~? plan ~__current attempt ~ history of attempt Describe: Pnge 2 l'atient Name ' ' ID #:~_~--~~~~~~~ Family/Environmental: ~ Unknown Sibling ..--.- .. Additional tn · Tobacco Use History: cig~~ o~: o~.~c~,' r~-~tio, of ~: - ~ ent Amount daily: -- - - Dmation of use:_ _years El Past Length of abstinence: _ -- years Other tobacco use: [~ Cigar [] Pipe E] Chew Amount daily:_ _ Duration of use: __------- Additional information:_______---------~ Substance Abnse Duration of Use Substnnce Amount Route Frequency Date Last Used If Substance Abme/Dependency History ~s present. /.f,/~ _ · _ How long was the.patient's most recent period of ~ence-: ~ , How long ago did it en.clg. ~' ~~'~-sy~?c~ -' U None Ci Seizures I-! DTs 'e~c~[ 8.ri o~tl~¢ IOllOWml~ ' Has the patient ever expert Y . '--- -[--~l.. [3 Hallucinations there 'dence that an active addict lives i~. the h.o~? __ ~ Yes Na°~. available to provide meaningful l__s .. evl'_.~_, t' ..... -- icallv d dent soonl contncts~v~n°~~t~e '' - support Does mo paucm.tm-~ non-chem .. epen during recovet~ C! Yes Ot~er relevant inform ' ' Page 3 · GOALS (what client wants, behaviors to be changed) Date Identified Timeframe to Completion 2. OBJECTIVES (when the problem is improved or resolved, Interventions · . · · Frequency ofappointmenls will oeenr on a =--=---=-=-=_=~.~___ basis. Discharge will occur upon attainment ofgonis. Client Signatu~: (Opti~~is form) Date.-~ _ Page 5 CRAIG A. SEYBERT, · IN THE CURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA V. · CIVIL ACTION- LAW KIMBERLY L. SEYBERT, · NO. 2001-2180 CIVIL TERM Defendant : · IN CUSTODY ORDER OF COURT AND NOW, this ~; ~ day f~ consideration o£ the attached Custody ~ ,2001, upon follows: onc~fiation Report, it is ordered and directed as 1. A Hearing is s~.h~e~ule,cl in C~o~._~Roo~m No. __j___ of the Cumberland County.Court House, on the ~ ~.,-~, aay oI -7".i_~.a~, .~.,,J_ 2""' ' "° ' '~ o'clock A.M., at which time testimony will be taken. For purposes~f this Hearing, the '~- -- _~ ~---~------f- , uu ~, at _y. ,.~ Father shall be deemed to be the moving party and shall proceed initially with testimony. 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. THE COURT, J Oler, Jr. cc: Douglas G. Miller, Esquire- Counsel for Father ~ 0~ Charles Rector, Esquire- Counsel for Mother ....... CRAIG A. SEYIgF~RT, Plaintiff : IN THE COURT OF COMMON PLF~AS OF : CUMB/~RLAND COUNTy, PENNSYLVANIA V. : · CIVIL ACTION . LAW KIMB~RL y L. SEYIgF~RT ' Defendant ' ' NO. 2001-2180 CIVIL TERM 'IN CUSTODy PR/OR JUDGE: ,I. WF-,SLEy OLER, dR. IN ACCORDANCE WITH CUMBERLAND COUNTy RUL/~ 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: Kyle H. Seybert ~ August 22, 1993 CU-q..~URRENT~ Mother 2. The third Conciliation Conference was held October 3, 2001 with the following individuals in attendance: The Father, Craig A. Seybert, Douglas G. Miller, Esquire, and the Mother, with his Counsel, Char/es Rector, Esquire. Kirnberly L. Seyben, with her Counsel, 3. The Court previously entered The first Order of Court Orders following Conciliation Conferences. the Pan/es to have share agreed to by the Pan/es is dated Father to have ,,o~:~, .d legal custody. ~,~.._. May 21 2001 ~-,,, ~a~ t~t~w;..~ ...."'"",,,~ to ' · It provided for have pr/mary physical eu hours every weekend. ~- .,o,,.a, custody of the child before and a~,,~ ~,- . stody and It further provided for Father to receive a psychiatric evaluation '"~, ~:noo~ and eight because of a previous threatened suicide attempt. If the psy. ehiatrie did not raise any mental health or stability questions, week on/week °ff physieal custody was to begin during the summer. Father never received a psychiatric evaluation. He instead received a psychological evaluation. Nevertheless, summer week on/week off physiea1 custody commenced. Mother filed a Pet/t/on for Contempt on July 24, 200, alleging Father's failure to obtain the psychiatric evaluation. The second Order 2001, followed the Conciliation Confere of Court, dated August 27, was not found. the requirement The Au us .~ .,^,,.._ nee held on the Contempt Pet/t/on. Contempt of the g t 2, ~t~ Order of Court vacated the prior Order except for psychiatric evaluation. Mother maintained primary physical 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 maternal 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 schedule. Father has a desire to spend as much time with the child as possible. Father believes these factors support his requested shared physical custody arrangement. 5. 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 child. 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 if he remains in her primary physical care during the school year. 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. Date 0'acq~line M. Vemey, Esq-~re ff~- Custody Conciliator