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HomeMy WebLinkAbout01-5239DEBORAH K. DiMEMMO, Plaintiff VS. JOSEPH DiMEMMO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- ,.q'gOSP CIVIL TERM : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, DEBORAH K. DiMEMMO, by her attomey, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is DEBORAH K. DiMEMMO, who resides at 105 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is JOSEPH DiMEMMO, who resides at 105 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are married and are the natural parents of three children, GABRIELLE M. DiMEMMO, bom January 28, 1984, NATHANIEL J. DiMEMMO, bom September 20, 1985 and ANTHONY V. DiMEMMO, bom August 13, 1987. 4. The best interests and welfare of the minor children would be served by placing primary physical custody and shared legal custody of the children with Plaintiff, subject to reasonable partial custody privileges with Defendant as the court may deem appropriate. 5. The minor children have resided at 105 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania with both parents for at least the past five (5) years. I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ¥ l!q!qx3 Riegler · Shienvold Associates Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Easla, MS James Eash. LSW Michae[ J. Asken, Ph.D. 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 Vergales, ACSW. LSW. BCE) Lisa R. Paponetti. MA Custody Evaluation Deborah DiMemmo v. Joseph DiMemmo Referred By: Referral Reason: Individual Interviews: Psychological Testing: Home Studies: Additional Information: Mutual Consent of the parties To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial arrangements for Gabrielle Marie DiMemmo, DOB 1/28/84, Nathaniel Joseph DiMemmo, DOB 9/20/85, and Anthony Vincent DiMemmo 8/13/87. Joseph DiMemmo Deborah DiMemmo Gabrielle DiMemmo Nathaniel DiMemmo Anthony DiMemmo 3/19/01, 4/13/01, 5/21/01 3/13/01, 4/12/01, 4/24/01 4/16/01, 5/31/01 4/18/01, 5/1/01 4/18/01, 5/1/01 Minnesota Multiphasic Personality Inventory-2 (MMPI-2) *Joseph DiMemmo * Deborah DiMemmo Millon Clinical Multiaxial Inventory-III (MCMI-III) *Joseph DiMemmo *Deborah DiMemmo Although the parents live in the same residence, the children were observed with each parent within the home setting. 1. Therapy notes from Frank DiPrima, M.S., therapist for Joseph DiMemmo 2. School Records for all of the children 2151 Linglestown Road, Suite 200 · Harrisburg, Pennsylvania 17110 · (717) 540-1313 · Fax: (717) 540-1416 DiMemmo v. DiMemmo Page 2 The recommendations at the conclusion of this report are based on all of these sources of information. Background: Joseph and Deborah DiMemmo have known each other since high school. They married in 1977, but according to Joseph were "friends for 30 years." After graduating high school, Deborah went to nursing school and became a nurse anesthetist. Joseph attended Penn State University and became a CPA. They have been together ever since. Joseph currently works for the Commonwealth and Deborah works at Holy Spirit Hospital. It was Deborah who filed for divorce approximately two years ago. Since the time of the filing they have been separated in the same household. Deborah feels that Joe is "mentally unstable." She reported that he has been to multiple therapists and has been diagnosed with such disorders as Social Phobia and Reactive Disorder. However, since she announced her intentions to divorce, Joe has "choked me and physically attacked Gabrielle, scaring her so badly that she hid from the house for a week." The children had been reporting that their father was scaring them because he acts so "strange." He has appeared "distant, cold and slow in his thinking." Deborah reported that Joe has been accusing her of sleeping with physicians, truck drivers, and teenagers. She indicated that he has monitored her calls and threatened to call physicians with his accusations. Deborah stated that approximately three years ago Joe awakened the children to tell them that their mother had "slept with a big black nigger." He also told them that she was on drugs and worshiped Satan. He has accused her of belonging to a cult. Deborah stated that although the most outrageous behavior has stopped, he remains distant from her and the family. Deborah believes that Joe's allegations come from his own guilt about actions in his own life. Deborah is very concerned about the unpredictability of his behavior. She repotted that he has been drinking and viewing pornography on the computer. He appears to be obsessed with the belief that she is Bi-Polar and he has shown a movie to Anthony depicting a mother having sex with teenagers. Because they have been living together, the situation has deteriorated. Deborah reported that Joe has threatened her with abuse when she has disciplined the children. Because of his behavior, lack of help for that behavior and unavailability throughout the marriage, Deborah wants a divorce. Joe has a totally different perception of what has occurred in the marriage. He reported that he does not see the marital problems as being all his wife's fault. Nonetheless, he feels that there is "something psychological or physical going on that she refuses to discuss." Joe denies that he has ever had an affair. He noted that he has tried to be a good parent who helped with cub DiMemmo v. DiMemmo Page 3 scouts, baseball and household chores. He indicated that he did things for the family for 15 years without being appreciated for his contributions. Joe believes that Deborah is either Bi-Polar or Borderline. He reported that for a period of time he was getting repeated phone messages asking if Deborah was going to a hotel. He noted that these were from "different men." Joe indicated that 1. "At night, she has moved my clothes out of the bedroom," 2. He sleeps on the couch, 3. "She has purposely changed my alarm," 4. "I had Steve Covey tapes and she took them," 5. She took his books "Who moved my Cheese," "Man's Search For Meaning," his ring and watch, but denies she did it. Joe made other allegations. He reported that at one point Deborah admitted to him that she was involved with a younger man, but that she now denies that. He reported that she has had increased levels of testosterone, but won't answer his questions about that. Deborah has left him locked out of the house, forcing him to sleep in his car. He complained that Deborah has had an array of jobs since moving to Harrisburg, while his position is both stable and flexible. Joe indicated that for the last 5 years Deborah has treated him and the children "very badly." He stated that she once choked Anthony. When he intervened she accused him of betraying her. Joe believes that there is a biological basis to Deborah's problems. He indicated that she had a very bad childhood, but Deborah escaped that and learned to survive. According to Joe, his daughter is depressed and has an abnormal EEG, which would be consistent with a disorder being genetically passed on from mother. Anthony also shows behavior consistent with mood swings. Joe noted that Deborah stopped attending church approximately 5 years ago. He also reported she told him that she does not believe in forgiveness, she talked about the Devil and lit a black candle. He ultimately hid the candle. However, Deborah admitted to none of these things. Joe believes that the children are confused by all of this. He hopes that they will be ok, but "it would take a miracle to make mom and dad ok." He sees the children getting into the middle of their conflicts and believes that "sucks." Joe indicated that he would like the children to be with him, but short of that, he wants the kids to have ways of dealing with their mother and requesting support. Recommendations and Analysis: The DiMemmo children range in age between 14 and 17 years old. Gabrielle is the oldest child. She is described as a sweet, sensitive youngster who is old enough to be able to escape some of the conflict of her parents. There seems to be little question that Gahrielle has always been more aligned with her mother than her father. However, she loves them both. Gabrielle is in regular classes at school. She appears to suffer with a learning disability that forces her to have to work harder. Nonetheless, she has succeeded in school and maintained DiMemmo v. DiMemmo Page 4 a cumulative GPA of 90.49. She is debating whether or not she would like to attend college. She will be beginning 12~ grade this coming school year. Gabrielle's preference is to live primarily with her mother and spend time with her father each week. Given that she is 17 and driving, Gabrielle will be able to move herself from location to location. Gabrielle indicated that she was physically accosted by her father during an argument over music. She appears to have put that incident behind her, but she does not down-play it to the extent that her father does. Gabrielle indicated that she dislikes being around her parents conflict, but as mentioned above, she has been able to escape it by leaving the house. In many ways the children have "gotten use to it." Gabrielle indicated that her father appeared to be acting very strange for a while. He woke them in the middle of the night and began shouting crazy things about her mother. For example, their father told them that their mother was being run by a pimp. He told them she was in a cult and worshiped the Devil. However, Gabrielle likes spending time with her father and describes him as a good father. Her mother was generally more involved in her everyday care and activities. Nathaniel is described as a very good boy who is bright and athletic. His father believes that he underachieves given his level of skills. Nathaniel's grades have declined during the periods of unrest between his parents. His overall cumulative average is 81.19. He has tended to not hand in assignments in some of his classes. While his father sees him as underachieving, his mother believes that he holds back due to nervousness. Nathaniel has been able to maintain good relationships with each of his parents. He is a child who does not like to "rock the boat." Nathaniel will soon be 16 years old. He likes to play soccer and baseball, but not for the school teams. Nathaniel related that the situation at home "doesn't bother me that much." He found out there were problems when his mother told him she wanted a divorce. It did not surprise him because his parents "fought all the time." Nathaniel reported that his father told him his mother was part of a cult. He also accused her of being out with other men. According to Nathaniel, that lasted for several months. Nathaniel likes his current home and would rather not move. He would rather see his father move out than his mother. In many ways, Nathaniel indicated that he is more comfortable with his mother than his father. He, like Gabrielle, indicated that he would want to spend time with his father on weekends and during the week. Neither parent has asked him where he would like to live. Anthony recently turned 14 years old. He appears to be the most fragile of the three children and was the most reluctant to talk about s parent s s~tuat~on. He does not like school. He finds it to be boring. Anthony likes sports, especially baseball, football and wrestling. He is DiMemmo v. DiMemmo Page 5 angry about his parents separation, but starting to get use to it. He has many interests in common with his father, especially around sports. Anthony indicated that he would get very "pissed" if he could not live in his house. It appears that Anthony is less concerned about who he lives with and more concerned about where he will live. He does not want any more of his life or world intruded upon by his parents situation. Anthony has been exposed to his father's feelings about his mother. He knows that his father thinks there is something wrong with his mother. He, too, heard many of the allegations that his sister and brother have heard. Anthony feels very close to Nathaniel. He reported that he is more able to talk with his brother than anyone else. Anthony appears to be the most affected by his parents situation. He has directed much of his anger towards his mother. He has made many mean, nasty comments to her. Anthony is the most direct of the children and the one who has the hottest temper. Anthony is also the most social of all of the siblings. He has many friends and likes to spend weekends with them. Joseph DiMemmo presents as a quiet, conservative individual. He was always well dressed and well groomed for his appointments. Joseph spoke in a low voice, but maintained good eye-contact. He seemed willing to do some self-speculation, but was relatively convinced that his theories about his wife were correct. He postulated that she suffered so much abuse during her childhood that she was now experiencing psychological problems. He could offer no facts to verify any of his beliefs. Joseph's psychological records indicated no diagnoses in them. If he was diagnosed with social phobia or depression, it was not by Mr. DiPrima. However, Joe had taken anti-depressant medication in the past. His therapy centered around his marital concerns and coping with his wife's decision to divorce. He also used his therapy to explore possible diagnoses of his wife. There was no mention of anger management training in these notes. Joseph's mood during the sessions was subdued. He appears to be a man of above average intellectual ability who is very invested in his work. However, he has few outside friends or activities. He appeared mildly depressed and appears to live a somewhat schizoid lifestyle. There were no particular signs of anxiety present during these interviews. Besides the beliefs he holds about his wife's behavior, there were no signs of other delusions or cogmt~ve ~mpa~rments. Furthermore, although there were two separate incidents of physical violence, one with Deborah and one with Gabrielle, Joseph is not, in general, a violent man. In fact, his children noted that their mother's temper is actually worse than their father's. Joseph's MMPI-2 testing was mildly defensive. However, none of his clinical scales reached beyond normal limits. Individuals with his profile tend to exhibit low energy levels. They are described as dependable and reliable. They exhibit a conventional approach to problem DiMemmo v. DiMemmo Page 6 solving and they tend to be somewhat dependent. They see themselves as quite masculine. However, they may possess doubts about their own masculinity. These men tend to be seclusive and withdrawn. They tend to exhibit a narrow range of interests and minimal insight. The MCMI-III results are consistent with the tendency to be defensive about admitting psychological problems. The profile suggests an anxious conformity to the expectations of others. These men may fear expressing emotions and losing control. They appear grim, cheerless and serious minded. They often possess marked feelings of personal inadequacy and insecurity. He is likely to limit his activities so as not to experience criticism if he makes mistakes. Social withdrawal is common as is dependency on a supportive institution such as his church or workplace. Consistency and rigidity are common characteristics. This individual is likely to focus on minor irrelevancies in order to distract himself from feelings of anxiety, inadequacy and anticipated derogation. Although he hides his anger well, surges of resentment may occasionally break through. He is prone to make punitive judgements on himself and experience prolonged periods of stressful tension. The profile is consistent with Obsessive Compulsive Personality Traits and Schizoid Personality Features. Deborah DiMemmo is 47 years old. She presented as a serious minded, anxious woman who was very troubled by the current situation. She appeared for all her sessions well groomed and dressed. However, she often seemed distracted and hopeless. Deborah seemed to be experiencing situational depression and anxiety. Nonetheless, she was able to maintain her work performance on the job and functioned in her role as mother. Deborah denied being diagnosed as Bi-Polar or Borderline and she did not feel that she had either of those disorders. There was nothing within Deborah's history, or symptom presentation to suggest that she was Bi-Polar. Additionally, her denial of the accusations of Joseph implied that she did not have symptoms consistent with Borderline Personality Disorder or Dissociative Disorder. While true that Deborah suffered abuse in her childhood, she denied that she experienced any blackouts, periods of time that she could not remember or any fugue episodes. As mentioned above, Joseph could produce no evidence of any of these allegations. Deborah appears to be somewhat more social than Joseph. However, she too appeared to be withdrawn during this evaluation. She is a bright and articulate woman. There was no evidence of cognitive impairment or a thought disorder. She denied alcohol or drug use, and also denied significant problems with anxiety or depression. Deborah completed the MMPI-2. Deborah's results also reflect a tendency to deny any psychological problems. She views herself as virtuous, scrupulous and controlled. None of Deborah's scales went beyond normal limits in the profile. However, women with this profile tend to be somewhat naive, optimistic and self-centered. They may be perceived as rigid and oversensitive. They also appear to be fair minded, frank and submissive. Many women with this DiMemmo v. DiMemmo Page 7 profile have rejected traditional woman values and stereotypes. Often these women are predisposed to avoid unpleasant issues. They may exhibit a lack of insight and an over use of denial. Nonetheless, for the most part they are clear thinking. Deborah's MCMI-III results further validate her tendency to deny psychological problems. She tends to use denial and conformity to deal with tension and conflictual feelings. She does not feel comfortable expressing strong feelings for fear of losing emotional control. She, too, experiences feelings of insecurity and inadequacy. Major characteristics include a dependent conformity and the inhibition of behavior that could evoke ridicule or contempt. She has a tendency to be over concerned with minor details, a preoccupation that may serve to distract her from her occasional feelings of minor anxiety and inadequacy. Women with this profile are frequently given diagnoses of Obsessive Compulsive Personality Traits Disorder. The situation within the DiMemmo household must change. By trying to remain in the house together, the parents have exposed their children to on-going conflict and tension. The result has been a withdrawal by the older children from the family. For Anthony, it has created angry feelings and empowered him to manipulate his parents to avoid discipline. The children have experienced deteriorating grades. They have also had to listen to their father's innuendos and allegations against their mother. The resuk of that is to lead to ambivalence about both parents. Gabrielle and Nathan would prefer to spend more time with their mother. Anthony would probably prefer to be with his father, but his close relationship with his brother is extremely important. Additionally, in the absence of any confirmatory evidence, Joseph's claims appear to be obsessive conjecture. They may, in fact, be representative of paranoid thinking. Although both parents have been good parents in the past for these children, at this time it is recommended that the children be in the primary residential custody of their mother, where ever she may live. They should be allowed frequent contact with their father. It is strongly recommended that Joseph remain in his therapy. It is also felt that the family could benefit from family intervention by a trained family counselor. Dated Arnold T. Shienvold, Ph.D. DEBORAH K. DiMEMMO, Plaintiff VS. JOSEPH DiMEMMO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- CIVIL CWIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ day of September, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint for Custody by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Howett, Kissinger & Miles, P.C. Attn: Cindy S. Conley, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY xxe P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DEBORAH K. DIMEMMO, Plaintiff/Petitioner VS. JOSEPH DIMEMMO, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5239 : : CIVIL ACTION - LAW : CUSTODY PETITION FOR CONTEMPT FOR FAILURE TO COMPLY WITH CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF ~ SAID COURT: AND NOW COMES the Plaintiff/Petitioner, DEBORAH K. BIDDLE, formerly DEBORAH K. DIMEMMO, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully represents that: 1. Petitioner is DEBORAH K. BIDDLE, who resides at 1108 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is JOSEPH DIMEMMO, who resides at 3818 Leyland Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are divorced, and are the natural parents of GABRIEl J.E M. DiMEMMO, bom January 28, 1984, NATHANIEL J. DiMEMMO, bom September 20, 1985 and ANTHONY V. DiMEMMO, bom August 13, 1987. 4. On October 9, 2001, a Temporary Order of Court was entered by the Honorable Kevin A. Hess, a true and correct copy of which is attached as Exhibit "A", and made part hereof. 5. Said Order provides, inter alia, that Petitioner is to have primary physical custody of said children, subject to Respondent's rights of partial physical custody. 6. Respondent has breached paragraph 1 of said Temporary Order of Court by failing to enter therapy as recommended in Dr. Skienvold's report dated August 13, 2001 (see Exhibit 7. Respondent has breached paragraph 2 of said Temporary Order of Court by failing to enter family therapy as recommended by Dr. Shienvold (see Exhibit "A"). espondent s actions as detailed hereto are contemptuous and in willful disregard of the aforesaid Order of Court. 9. As a result of having to institute this contempt/enforcement action, Petitioner has been forced to incur legal fees and expenses, for which Respondent should be solely responsible due to his contemptuous actions. WHEREFORE, Petitioner respectfully prays your Honorable Court grant a nde upon Respondent to show cause why he should not be held in contempt for violation of the Temporary Order of Court dated October 9, 2001, and to issue appropriate purdshment to g¢arantee future compliance with this Court's Order, including awarding attorney fees and costs to Petitioner. Date: Febrna~y ~/~ , 2002 Respectfully submitted, James, Smith, Durkin & Connelly, L~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 82/8e/2882 88:37 7:79758777 DURK[N & CONNELLY 'Tgb:71? 533 3290 PAGE i wril5, th,at the stat~meatt~ made in th~ Petit'toll are true ~nd correct. I understard that I'ase ,qtate..meat~ h. emin are maria ..... ~ ~.,,~.,,-,.[ to the penalties of 18 Pa. 0,$, $~tion 4904, mlatillg to unSwom ra~ification to authoriti~e~. ~2 P, O02 DEBORAI-I K. BIDDLE Exhibit A DEBORAH K, DIMEMMO, Plaintiff VS. JOSEPH DIMEMMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5239 CIVIL ACTION - LAW CUSTODY TEMPORARY ORDER OF COURT Hess, J. - AND NOW, this ¢ '/-]1 day of October, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Father shall enter therapy as recommended in the final paragraph of Dr. Shienvold's report of August 13, 2001. Father shall sign consent for the therapist to release a progress report which shall be provided to counsel for both parties at two-month intervals until such time as the therapist has determined that Father is no longer in need of psychotherapy. 2. The parties shall cooperate to identify a family therapist to assist the parties and their Children in family therapy as recommended by Dr. Shienvold. The selection of a therapist shall be made jointly by the parties and in consideration of participating providers available through Father's health insurance coverage.. 3. It is further Ordered and directed that the Prothonotary seal this Order along with the following documents pertinent to this case with the direction that it not be opened, pending further Order of Court. Those documents to be sealed are: this Order, the Complaint for Custody and~the attached Exhibit A. BY THE COURT, KevitA. Hess, J. Dist; Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 Max J. Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033-0650 In Testimony whereoJt, f here unto set my hand and th~eal of said~oud at~arii~le, Pa. Fro/honotaW / ~ DEBORAH K. DIM]E~O, Plaintiff/Petitioner VS. JOSEPH DIM]E~O, Defendan~espondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5239 : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE ~ NOW, ~ ~ day of February, 2002, I, ~ J. S~, JR., Esquire, Attorney for Plaintiff/Petitioner, ~reby certify that I have ~ day sent a copy of Petition for Contempt for F~ure to Comply with Custody Order by delmsiting a certifi~ copy of the same in the Uffit~ States mail, postage prepaid, at Her~ey, Pennsylva~fia, address~ to: Howett, Kissinger & M. iles, P.C. Arm: Donald T. ~ssinger, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DEBORAH K. DIMEMMO PLAINTIFF V. JOSEPH DIMEMMO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-5239 CIVIL ACTION LAW : : 1N CUSTODY AND NOW, Friday, February 15, 2002 , 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 301 Market Street, Lemoyne, PA 17043 on Monday, March II, 2002 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 THE 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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F 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 APR 2 6 DEBORAH K. DIMEMMO, Plaintiff V. JOSEPH DIMEMMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5239 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY HESS, J. --- ORDER OF COURT AND NOW, this ,g ~' ~ day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, and it appearing that the parties are in need of a hearing on contempt, it is hereby ordered and directed as follows: 1. That Father shall continue therapy as recommended in the final paragraph of Dr. Shienvold's report of August 13, 2001. Father shall sign the consent for the therapist, Frank DiPrima, to release a progress report which shall be provided to counsel for both parties at two (2) month intervals until such time as the therapist determines that the Father is no longer in need of psychotherapy. The report shall include the diagnosis, prognosis treatment plan and recommendations of the therapist. 2. The parties shall continue in family therapy to assist themselves and their children as recommended by Dr. Shienvold. 3. The October 9, 2001 Order outlining the schedule of physical custody for the parties shall remain in full force and effect. 4. The Custody Conciliation Conference previously scheduled for April 22, 2002 is continued. The Custody Conciliation Conference shall reconvene on June 11, 2002 at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, Pennsylvania 17043. J. 's: ~VlanXa~l~;,;,,;, ~r., Esquire, PO Box 650, Hershey~'A ,,u33 . 'ss'nger, Esquire, 130 Walnut Street,'Harrisburg, PA 17101 DEBORAH K. DIMEMMO, Plaintiff V. JOSEPH DIMEMMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5239 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME Gabrielle M. DiMemmo Nathaniel J. DiMemmo Anthony D. DiMemmo DATE OF BIRTH CURRENTLY IN THE CUSTODY OF January 28, 1984 Mother September 20, 1985 Mother August 13, 1987 Mother 2. A Custody Conciliation Conference was held on March 11,2002 pursuant to a Petition for Contempt filed by Mother on February 11, 2002. Present for the conference were the Mother, Deborah K. DiMemmo, and her counsel, Max J. Smith, Jr., Esquire; the Father, Joseph DiMemmo, who appeared pro se. Although Father attended pro se he claims to continue to be represented by Donald Kissinger, Esquire and requested that a copy of the Order be sent to him following the conference. 3. The parties were able to reach an agreement for Father to continue individual therapy and for the parents to participate in family therapy with whatever combination of participants the therapist would deem appropriate to include. Father also agreed to sign a release of information form for his therapist to provide more specific progress reports at two (2) month intervals and to sign this form on or before March 21,2002. te Melissa Peel Greevy, Es~quire Custody Conciliato~,,,~ :157088 DEBORAH K. DIMEMMO, Plaintiff V. JOSEPH DIMEMMO, Defendant IN THE COURT OF COMMON I~OL~l~2 CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-{ CIVIL, IN CUSTODY CONCILIATION SUMMARY REPI IN ACCORDANCE WITH CUMBERLAND COUNTY RULE 1915.3-8, the undersigned Custody Conciliator submits the followin 1. The pertinent information concerning the children wt litigation is as follows: NAME DATE OF BIRTH CURRENTLY Gabrielle M. DiMemmo Nathaniel J. DiMemmo Anthony V. DiMemmo January 28, 1984 Mother September 20, 1985 Mother August 13, 1987 Mother 2. a Custody Conciliation Conference was held on Jun~ plan made at the March 11, 2002 Conciliation Conference. The p~ was to assess whether Father was in compliance with the parts ol individual therapy and progress reports. Present for the conf Deborah K. DiMemmo, and her counsel, Max J. Smith, Jr., Es( DiMemmo, appeared pro se. 3. Counsel for Mother reports that Father has been corr with Mr. DiPrima and with the signing of the Consent for the progress reports. Therefore, the Contempt Petition filed by Moth~ shall be withdrawn. No additional Custody Conciliation Conference 4. Father attempted to gain Mother's cooperation in modifications to the existing Order. However, no pleadings were fi Mother would not agree to the modifications that Father was.se~ ph. ysical custody schedule. Melissa Peel Custody Con~ Dist: Max J. Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 :159412 239 CIVIL TERM ~CTION - LAW 3USTODY ~RT OF CIVIL PROCEDURE report: are the subject of this IN THE CUSTODY OF ; 11, 2002 pursuant to a irpose of the conference the Order related to his rence were the Mother, Jire; the Father, Joseph )liant with the counseling :herapist to release the ~r on February 11, 2002 was scheduled. naking numerous small ed before the Court and _.~g with regard to the Greevy, Esquire"-......._ :iliator