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HomeMy WebLinkAbout06-070002/03/2006 13:27 FAX JDsWk 16001/001 MARISSA SEEGER, IN THE COURT OF COMMON PLEi4S OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 7OO V. CIVIL ACTION - LAW GEORGE E. SEEGER, JR. IN CUSTODY Defendant NOTICE TO DEFEND The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business mefore 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MARISSA SEEGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, N 0. 0& V. CIVIL ACTION - LAW GEORGE E. SEEGER, JR. IN CUSTODY Defendant COMPLAINT FOR CUSTODY AND NOW, this Aay of February, 2006, comes Plaintiff, MARISSA SEEGER, by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff, Marissa Seeger, resides at 775 Erford Road Camp Hill, Pennsylvania, 17011. 2. The Defendant, George E. Seeger, Jr. resides at 69 Fairview Street Carlisle, Pennsylvania 17013. 3. The Plaintiff and Defendant are the biological parents of the minor child, Caedon Riley Seeger born May 1, 2003. 4. The child was born in wedlock. 5. Plaintiff seeks custody or partial custody of the following child: Caedon Riley Seeger, who currently resides at 775 Erford Road, Camp Hill, Pennsylvania 17011. 6. Plaintiff/Mother and child have resided at the above address since November 8, 2005. 7. Since birth, the child has resided with the following persons at the following addresses: A. For the period from birth to 11/8/05, Mother and Father, at 69 Fairview Street, Carlisle, Pennsylvania 17013. B. For the period of 11/8/05 to present, Mother, at 775 Erford Road, Camp Hill, Pennsylvania 17011. 8. Since the parties' separation, they have created their own parenting plan for their son which is memorialized in the Stipulation attached hereto. 9. The Stipulation provides that the agreement shall be entered as an Order of Court, therefore, no hearing or Custody Conciliation Conference is necessary. 10. Neither the Plaintiff nor the Defendant have participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to this child. 12. The best interest and permanent welfare of the child will be served by granting the Plaintiffs request to enter an Order based on the Custody Stipulation because it provides frequent and continuing contact with both parents, who are in the best position to make decisions regarding their child. 11 Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. WHEREFORE, the Plaintiff, requests the Court enter an Order consistent with the terms of the Stipulation attached hereto. Respectfully submitted, Date: JA R-; 2-D dL :268005 JOHNSON, DUFFIE, STEWART & WEIDNER VERIFICATION I, Marissa Seeger, do verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. arissa S er Dated: February 2, 2006 CERTIFICATE OF SERVICE AND NOW, this y of February, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing Complaint for Custody upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: George E. Seeger, Jr. 69 Fairview Street Carlisle, PA 17013 STEWART & WEIDNER Peel r-? t.? .. i "? `? EE "t5 L -n > ? ? ?? ® ? i: W , ,' ??, ? ? '? i 6. ? %1 ? ?? .yy "?+• f? IN F ?+ i ?4 ??c f CUSTODY STIPULATION This Agreement, made this day of /I/7y"- , 2006, between George E. 2 Seeger, Jr., hereinafter called "Father" and Marissa Seeger, hereinafter called "Mother" WITNESSETH: WHEREAS, the parties hereto, are the parents of one child, Caedon Riley Seeger, born May 1, 2003. WHEREAS, the parties agree that it is in the best interest of the child that they, as parents, make decisions regarding the parenting plan for their child; WHEREAS, the parties separated on or about November 7, 2005; WHEREAS, the parties created their own parenting plan which they have followed since separation; WHEREAS, the parties wish to confirm their agreement with regard to the parenting schedule and shared responsibilities for their child; and WHEREAS, the parties intend that their agreement be formalized into an Order of Court; NOW THEREFORE, Mother and Father, each intending to be legally bound hereby, covenant and agree as follows: 1. The above stated background is incorporated herein by reference and made a part of this Stipulation. 2. Leaal Custody. The parents, Marissa Seeger and George E. Seeger, Jr. shall have shared legal custody of the minor child, Caedon Riley Seeger, born May 1, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major y non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Mother and Father agree that they will continue the schedule set forth below and that the schedule is in the best interest of the child: A. Father will have custody each Wednesday from 8:00 a.m. to 5:30 p.m. B. Commencing February 3 2006, Father will have custody on alternating weekends from 5:30 p.m. on Friday until Monday morning at 9:00 a.m. C. Commencing February I u , 2006, Mother will have custody on alternating weekends from Friday at 5:30 p.m. until Monday at 9:00 a.m. and on Monday, Tuesday, Wednesday and Thursday at 5:30 p.m. until the following morning. D. The parties stipulate and agree that the paternal grandmother will be the daycare provider on Monday and Tuesday and the maternal grandmother will be the daycare provider on Thursday and Friday. 4. In the event either party is unavailable to provide care for the child during his or her period of custody for periods of four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 5. Holida s. The parties agree the following attached holiday schedule shall supersede the regular schedule. 6. Vacation. Each parent shall be entitled to two (2) non-consecutive weeks of vacation each year to include the vacationing parent's custodial weekend. For purposes of this Agreement a week shall be defined as eight (8) days. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. The parties agree that they may make adjustments and vary the schedule by their mutual agreement. However, in the event they do not agree, the terms of the agreement shall control. 8. The parties agree and intend that this Agreement be entered into an Order of Court based on their mutual consent. Da? 1 z c L- Date :267427 George E. Seeger, Jr. HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 151 Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1s1 Half From 5:00 pm on 12/24 to 12:30pm on Father Father 12/25 Christmas 2nd Half From 12:30 pm on 12/25 to 8:00 am Mother Mother on 12/26 Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :267571 ? GYM T? n \ CA:' ? i. 't) MARISSA SEEGER, V. Plaintiff GEORGE E. SEEGER, JR F _"? , IN THE COURT OF COMMON PLEAS OF 9 CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol7G/)o ea?W CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 7A . day of February, 2006 upon review of the attached Custody Stipulation dated January 25, 2006, the Stipulation is incorporated in its entirety as an Order of Court. Distribution: Melissa Peel Greevy, Esquire P. O. Box 109 Lemoyne, PA 17043-0109 George E. Seeger, Jr. 69 Fairview Street Carlisle, PA 17013 ?rh-n,c?2cL_. Defendant y BY THE COURT, UVG ..1ii .j MARISSA SEEGER v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GEORGE E. SEEGER, JR., Defendant TO THE PROTHONOTARY: NO. 06-00700 CIVIL TERM IN CUSTODY PRAECIPE WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. y subm Date: l I ` r 6 (? Melissa : CIVIL ACTION - LAW ENTRY OF APPEARANCE , Esquire Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Date: I I I L} 6 (a e v.t ff 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Respectfully submitted, L. rriffie, Esquir A erne or Plainti t?? t-- ._a ? ? t ? -?ti .? y ?-. ?.?- ? -, c ?°; ;??' ,?? ?-- '?:.. .(?, ?- -? MARISSA SEEGER, Plaintiff/Respondent V. GEORGE E. SEEGER, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-700 Civil CIVIL ACTION -LAW CHILD CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MARISSA SEEGER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-700 Civil GEORGE E. SEEGER, JR., CIVIL ACTION -LAW Defendant/Petitioner CHILD CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes the Petitioner, George E. Seeger, Jr., by and through his attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court award him custody of the subject minor child, and in support thereto, avers the following: 1. Petitioner is George E. Seeger, Jr., an adult individual residing at 212 East Second Street, Hummelstown, Dauphin County, Pennsylvania. 17036. 2. Respondent is Marissa Seeger, an adult individual residing at 775 Erford Road, Camp Hill, Cumberland County, Pennsylvania. 17011. 3. The subject child is Caedon R. Seeger, born May 1, 2003. 4. The relationship of the Petitioner to the subject minor child is that of natural father. 5. The relationship of the Respondent to the subject minor child is that of natural mother. 6. The minor child has resided at the following addresses, in the custody of the following individuals: a. From November 2005 to Present, the subject minor child resides at 775 Erford Road, Camp Hill, Cumberland County, Pennsylvania, in the care and custody of the natural mother, Marissa Seeger. b. From on or about November 2003 to November 2005, the subject minor child resided at 69 Fairview Street, Carlisle, Cumberland County, Pennsylvania, in the care and custody of the natural mother and natural father. 7. There has been a prior action for custody of this Honorable Court. A copy of the Order, dated February 7, 2006, is attached hereto and marked Exhibit "A". 8. The Petitioner is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 9. The Petitioner desires custody and/or additional periods of partial custody because he feels that he can be a positive influence in the life of the subject minor child, and that the subject minor child will benefit from spending additional periods of time with him. WHEREFORE, Petitioner, George E. Seeger, Jr. respectfully requests this Honorable Court award him custody and/or additional periods of partial custody of the subject minor child. Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mar T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Defendant/Petitioner AFFIDAVIT I, George E. Seeger, Jr., hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: 2 George E. Seeger, Jr. s' a MARISSA SEEGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GEORGE E. SEEGER, JR. DEFENDANT 2006-700 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 06, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 11, 2008 at 9:30 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. 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/ Hubert X. Gilroy, Esq., Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street 'Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,?54;7y 0.1.)1 60 :C Wd 9 -- AON BQQZ MARISSA SEEGER, Plaintiff/Respondent v. GEORGE E. SEEGER, JR., Defendant/Petitioner : IN THE COURT OF COMMON PLEAS . 44AJ4PH4N-COUNTY, PENNSYLVANIA Cumb<.rland NO. 06-700 CIVIL CIVIL ACTION -LAW CHILD CUSTODY ACCEPTANCE OF SERVICE I, Bradley L. Griffie, Esquire, attorney of record for the Plaintiff/ Respondent, Marissa Seeger, hereby certify that I accept service on her behalf of a Petition to Modify Custody Order in the above-captioned matter on i cry.- 1 , 2008, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: t ! I fI M Grif , Esquire TI - -e -.-s c.; MARISSA SEEGER, Plaintiff VS. GEORGE E. SEEGER, JR., Defendant PRIOR JUDGE: J. Wesley OlerI Tr FEB ' 0 2M c4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2006-700 IN CUSTODY COURT ORDER AND NOW, this ?Iday of February , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the ONA day of QIAe - & , 2009 at ?.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of February 7, 2006, shall remain in place. cc: Mark T. Silliker, Esquire Bradley L. Griffie, Esquire ,Z 13- v 9 BY THE COURT, LINn, 9'1 :Z d C 1833 6002 3Hi JO MARISSA SEEGER, Plaintiff VS. GEORGE E. SEEGER, JR., Defendant PRIOR JUDGE: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2006-700 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Caedon R. Seeger, born May 1, 2003. 2. A Conciliation Conference was held on February 6, 2009, with the following individuals in attendance: The mother, Marissa Seeger, who appeared with her counsel, Bradley L. Griffie, Esquire, and the father, George E. Seeger, with his counsel, Mark T. Silliker, Esquire. 3. The parties have an existing Order with mother having primary physical custody and father having periods of temporary physical custody which has generally worked out to be every other weekend. Father is now seeking primary physical custody. Mother is not willing to agree on any modification and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: a , 2009 MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GEORGE E. SEEGER, JR.: NO. 06-700 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of April, 2009, upon consideration of Defendant Father's Petition to Modify Custody Order with respect to the parties' child, Caedon R. Seeger (d.o.b. May 1, 2003), and following a hearing held on April 30, 2009, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the child. 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. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. to the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Primary physical custody of the child shall be in Plaintiff, the mother. 3. Temporary or partial physical custody of the child shall be in Defendant, the father, at the following times: a. During the school year, (1) Every other weekend, from Friday at 4:45 p.m. to Monday at 8:00 a.m.; provided, that where such a Monday is a federal holiday the father's period of partial shall extend to Tuesday at 8:00 a.m.; ?/ ? ?!1 F ?? Yi` , i ?? ? ?. ?£ ?`? i ?! i? JA r.. ; L 71:.?.? .? oLL Fu 4 ,nyV.;,?`?I?,??? .?? . 1% (2) During Christmas vacation, from Christmas Day at 3:00 p.m. until December 27 at 7:30 p.m. (3) On Thanksgiving Day, from 3:00 p.m. until 7:30 p.m.; b. During the summer, for three 10-day periods at the beginning of June, July and August. 4. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ZMark T. Silliker, Esq. 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant PS mitt LL BY THE COURT, MARISSA SEEGER, Plaintiff v GEORGE E. SEEGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-0700 CIVIL TERM IN CUSTODY IN RE: RECORD DECLARED CLOSED ORDER OF COURT AND NOW, this 24th day of April, 2009, upon consideration of the Defendant's Petition To Modify Custody Order with respect to the parties child, Caedon R. Seeger, (Date of birth, May 1, 2003), and following a hearing, the record is declared closed, and the matter is taken under advisement. Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 For Plaintiff •/ Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 For Defendant :mae Coy(a !? ,IBC By the Court, cc WC, C\j JU Lzw O-C W-Z f? W r MARISSA SEEGER, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GEORGE E. SEEGER, JR., Defendant : NO. 06-700 Civil CIVIL ACTION -LAW CHILD CUSTODY NOTICE OF APPEAL Notice is hereby given that George E. Seeger, Jr., Defendant above named, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the 27th day of April, 2009. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Date: - 1Z.1 7/A I Respectfully Submitted, THE LAW OFFICES OF SILLIKER & REINHOLD M4k' T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for George E. Seeger, Jr. 16110005262009 Cumberland County Prothonotary's Office PYS510 Civil Case Print Page 1 2001-05322 PA STATE EMPLOYEES CREDIT UN (vs) SHAFFER KAREN ET AL Reference No... Filed......... 9/11/2001 Case Type...... JUDGMENT - DJ Time.......... 3:40 Judgment...... 8142.82 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info PA STATE EMPLOYEES CREDIT PLAINTIFF VAN ECK MELISSA L UNION ONE CREDIT UNION PLACE HARRISBURG PA 17110 SHAFFER KAREN DEFENDANT 4414 CHESTNUT ST MT HOLLY SPRINGS PA 17065 WILLIAMS KAREN DEFENDANT 4414 CHESTNUT ST MT HOLLY SPRINGS PA 17065 Judgment Index Amount Date Desc SFFER KAREN WILLIAMS KAREN 8,142.82 9/11/2001 TRANSCRIPT JUDGMENT ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - - - - - - - - - - - 9/11/2001 JUDGMENT FROM DISTRICT JUSTICE DATED AUGUST 6, 2001 ------------------------------------------------------------------- 9/11/2001 NOTICE MAILED TO DEFENDANTS ------------------------------------------------------------------- 10/24/2001 ENTRY OF APPEARANCE FOR PLFF BY STEVEN C COURTNEY ES FOR PLFF ------------------------------------------------------------------- 10/22/2003 PRAECIPE TO WITHDRAW APPEARANCE FOR STEVEN C COURTNEY ESQ OF METZGER WICKERSHAM AS COUNSEL OF RECORD FOR PLFF AND ENTER APPEARANCE FOR STEVEN C COURTNEY ESQ OF GODFREY & COURTNEY PC - BY STEVEN C COURTNEY ESQ FOR PLFF ------------------------------------------------------------------- 12/02/2005 PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR PLFF BY STEVEN C COURTNEY AND ENTER APPEARANCE FOR MELISSA L VAN ECK ESQ FOR PLFF - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*Bal***P*ymts/Add End Bal ******************************** **** ****** ******************************* JDMT/DJ 9.00 9.00 .00 TAX ON JDMT/DJ .25 .25 .00 SATISFACTION 5.00 5.00 .00 ------------------------ ------------ 14.25 14.25 .00 ******************************************************************************** * End of Case Information ******************************************************************************** E t?}? FROM RECORD In TOM" Wwad, I hers unto od my hard *a so d UN Cmd is Car". ft. 083506C5272009 Cumberland County Prothonotary's Office Page 1 PYS510 Civil Case Print 2006-00700 SEEGER MARISSA (vs) SEEGER GEORGE E JR Reference No... Filed......... 2/03/206 Case Type...... COMPLAINT - CUSTODY Time......... 1:035 Judgment 00 Execution Date 0/00/0000 Judge Assigned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info SEEGER MARISSA PLAINTIFF GRIFFIE BRADLEY L 775 ERFORD ROAD CAMP HILL PA 17011 SEEGER GEORGE E JR DEFENDANT 114P.. C AY RECORD 69 FAIRVIEW STREET ?T" , o 0 CARLISLE PA 17013 «g b. P& V ************************************************* * * ** ******** * Date Entries **************************************************************** ****** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 2/03/2006 COMPLAINT - CUSTODY uv?, ------------------------------------------------------------------- 2/03/2006 CUSTODY STIPULATION ------------------------------------------------------------------- 2/08/2006 ORDER OF COURT - DATED 7/06 - UPON REVIEW OF THE ATTACHED CUSTODY STIPULATION DATED 1/25/06 THE STIPULATION IS INCORPORATED IN ITS ENTIRETY AS AN ORDER OF COURT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 2/8/06 ------------------------------------------------------------------- 11/06/2006 PRAECIPE FOR WITHDRAWAL OF APPEARANCE - BY MELISSA P GREEVY ATTY FOR PLFF ------------------------------------------------------------------- 11/06/2006 PRAECIPE TO ENTER APPEARANCE - BY BRADLEY L GRIFFIE ATTY FOR PLFF ------------------------------------------------------------------- 10/30/2008 PETITION TO MODIFY CUSTODY ORDER - BY MARK T SILLIKER ATTY FOR DEFT ------------------------------------------------------------------- 11/06/2008 OORDER OF COURT - RDER - PREHEARINGA 11/6/08 - IN RE PETITION TO MODIFY CUSTODY CUMBERLAND COUNTY COURTHOUSE - BY HUBERT X GILROY ATTY CUSTODY CONCILIATOR - COPIES MAILED 11/6/08 ------------------------------------------------------------------- 11/25/2008 ACCEPTANCE OF SERVICE - PETITION TO MODIFY CUSTODY ORDER - BY BRADLEY L GRIFFIE ESQ ON BEHALF OF PLFF -------------------------------------------------------------------IN RE 2/13/2009 HEARING 2/24/09/ AT/ 9:30 AM CR 1CCUMBDCOCCCOURTHOUSEN-RBYOJTWESLEY OLER JR J//- COPIES MAILED 2/13/09 ------------------------------------------------------------------- 4/27/2009 ORRDER-OF COU TM- DATED 4/20909 - IN RE CUSTODY - BY J WESLEY OLER ------------------------------------------------------------------- 4/27/2009 ORDER OF COURT - DATED 4/24/09 - IN RE RECORD DECLARED CLOSED - MATTER IS TAKEN UNDER ADVISEMENT - BY J WESLEY OLER JR J - COPIES MAILED 4/27/09 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*Bal Py*mts/Ad! End Bal ******************************** ******* ****** ******************************* CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 CUSTODY FEE 5.20 5.20 .00 CUSTODY FEE-CO 1.30 1.30 .00 08350605272009 Cumberland County Prothonotary' s Office Page 2 PYS510 Civil Case Print 2006-00700 SEEGER MARISSA (vs) SEEGER GEORGE E JR Reference No... Filed......... 2/03/2006 Case Type...... COMPLAINT - CUSTODY Time.......... 1:35 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: OLER J WESLEY JR Disposed Desc.: Jury Trial.... Disposed Date. t 1 C i 0/00/0000 ------------ Case Comments ----------- -- .: gher r H Higher Crt 2.: MODIFICATION CU 70.00 70.00 .00 SUBPOENA 18.00 18.00 --- -- .00 ---------- -------------- 200.00 ------- 200.00 .00 *************************************** ************* **************************** * End of Case Information *************************************** ************* **************************** wo 9d my Ate, Pa. ,?, ADCq .• MARISSA SEEGER, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA GEORGE E. SEEGER, JR., Defendant CERTIFICATE OF SERVICE The undersigned, Mark T. Silliker, Esquire, hereby certifies that a copy of a Notice of Appeal was mailed to Bradley L. Griffie, Esquire, attorney for Plaintiff Marissa Seeger, the Honorable J. Wesley Oler, the official Court Reporter, Michelle Eline, and the District Court Administrator, Melissa H. Calvanelli on May 27, 2009, by certified mail, addressed as follows: Bradley L. GrifTie, Esquire 200 North Hanover Street Carlisle, PA 17013 : NO. 06-700 Civil : CIVIL ACTION -LAW : CHILD CUSTODY Michelle Eline, Court Reporter Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 The Honorable J. Wesley Oler Melissa H. Calvanelli, District Court Administrator Cumberland County Courthouse Cumberland County Courthouse One Courthouse Square One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: -7 " 9 _ Mark T. Silliker, Esquire w- CIL t? THE r f m $ 48.oo po ATM CO aa'752 Re aasoa &py MOIW Flo Zuperior &ur If MARISSA SEEGER, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-700 Civil GEORGE E. SEEGER, JR., Defendant CIVIL ACTION -LAW CHILD CUSTODY REQUEST FOR TRANSCRIPT A Notice of Appeal has been filed in this matter. Wherefore, Appellant, George E. Seeger, Jr., by and through his attorney, Mark T. Silliker, Esquire, respectfully requests the official Court Reporter to produce, certify, and file the transcript in this matter pursuant to Rule 1922 of the Pennsylvania Rules of Appellate Procedure. r Date: Respectfully Submitted, THE LAW OFFICES OF SILLIKER & REINHO Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for George E. Seeger, Jr. -`)F P p" r 20,9 AY 27 S" city, ?,. MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GEORGE E. SEEGER, JR., Defendant NO. 06-700 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of May, 2009, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Errors Complained of on Appeal no later than 21 days after entry of this Order. Any issues not properly included in the statement timely filed and served pursuant to this order shall be deemed waived. -`/Bradley L. Griffie Esq. 200 North Hanover Street Carlisle, PA 17013 1 --'Mark T. Silliker, Esq. 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant :rc co 6S &L a L( J. BY THE COURT, ?. ?, v?,'..?G ?-, '? ', .. ?;: COMMONWEALTH OF PENNSYLVANIA 7C6 1u; 1 Superior Court of Pennsylvania Karen Reid Brarablett, Esq. Middle District Prothonotary Milan K, Mrkobrad, Esq. June 3, 2009 Deputy Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 928 MDA 2009 Mar+ssa Seeger V. George E. Seeger, Jr., Appellant Dear Mr. Long: 100 Pine Street Suite 400 Harrisbure. PA 17101 717-772-1294 www.superior.court.state.pa.us Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett, Esq. Prothonotary VSL To: The Honorable J. Wesley Oler, Jr. From: Honorable Kate Ford Elliott, President Judge Re: Seeger, M. v. Seeger Jr., G. No.: 928 MDA 2009 Consolidated Docket No(s): Trial Court Docket No(s): 06-700 Date: June 03, 2009 The appeal in this case has been designated as a Children's Fast Track appeal in accordance with recent amendments to the Rules of Appellate Procedure. The amendments, effective for notices of appeal filed on or after March 16, 2009, were implemented to give expedited treatment to certain types of family cases in an effort to mitigate the harmful effects of such litigation on children. As such, this Court is seeking your help in moving this matter along as expeditiously as possible. To that end, you should be aware that amended Pa.R.A.P. 1925(a)(2)(i) requires the appellant to file and serve the statement of errors complained of on appeal simultaneously with the filing of the notice of appeal. Amended Pa. R.A. P.1925(a)(2)(ii) requires you, if the reasons for the order do not already appear of record, to file, within 30 days of receipt of the notice of appeal and 1925 statement, at least a brief opinion of the reasons for the order or for the rulings or other errors complained of, which may, but need not, refer to the transcript of proceedings. Please also note that amended Pa.R.A.P.1931 requires the clerk to transmit the completed record to this Court within 30 days of the filing of the notice of appeal. I respectfully ask you to give priority to this matter and complete your opinion or statement pursuant to Pa.R.A.P. 1925 as soon as possible. I also request your assistance in ensuring that the record is transmitted as promptly as possible so that a briefing schedule may issue promptly from this Court. If the appellant has not requested or made payment for necessary transcripts, please notify the staff person below as soon as possible. Under such circumstances, this Court would direct appellant to comply with Pa.R.A.P.1911(a) or risk dismissal of the appeal. See Pa.R.A.P.1911(d). If the problem lies with the court reporter, this Court would request your indulgence in strictly enforcing Pa.R.J.A.5000.10, which allows for the imposition of sanctions when the request for transcripts is met with reticence. Counsel and pro se parties will also be required to do their part in filing their briefs and other documents timely. Please note that, under the amended Rules, the parties have shortened times for filing their briefs. It is this Court's policy that extensions of time in Children's Fast Track appeals will be granted only for good cause shown. This Court is very mindful of your enormous work load and we thank you in advance for your anticipated cooperation. If all of us do our part to expedite this appeal as quickly as possible, hopefully, we can lessen the impact of this litigation on the children involved. The staff person designated below is responsible for tracking this appeal. While ex parte communication with this Court is forbidden, if you or your chambers have any questions, please contact this staff person. Linda Belic (412-565-7634) Cc: Lower Court Clerk Mr. Curtis R. Long Court Reporter Mark T. Silliker, Esq. The Honorable J. Wesley Oler, Jr. Bradley Leroy Griffie, Esq. 3:22 P.M. Appeal Docket Sheet Docket Number: 928 MDA 2009 Page 1 of 3 June 3, 2009 Marissa Seeger V. George E. Seeger, Jr., Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: May 27, 2009 Journal Number: Case Category: Domestic Relations Consolidated Docket Nos.: L 11 Children's Fast Track Superior Court of Pennsylvania Awaiting Original Record CaseType: Related Docket Nos.: Children's Fast Track Custody/Visitation SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received Next Event Due Date: June 17, 2009 Next Event Due Date: June 26, 2009 6/3/20os 3023 3:22 P.M. Appeal Docket Sheet Docket Number: 928 MDA 2009 Children's Fast Track Superior Court of Pennsylvania Paw2of3 June 3, 2009 loam= COUNSEL INFORMATION Appellant Seeger Jr., George E. Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Silliker, Mark T. Bar No.: 33671 Law Firm: Silliker & Reinhold Address: 5922 Linglestown Road Harrisburg, PA 17112 Phone No.: (717)671-1500 Fax No.: (717)671-8968 Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Seeger, Marissa Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Griffie, Bradley Leroy Bar No.: 34349 Law Firm: Griffie & Associates Address: 200 N Hanover Street Carlisle, PA 17013 Phone No.: (717)243-5551 Fax No.: (717)243-5063 Receive Mail: Yes E-Mail Address: bgriffie@griffielaw.com Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 5/27/09 Notice of Appeal 60.00 60.00 2009SPRMD000475 TRIAL COURTIAGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas 'ounty: Cumberland Division: Civil )ate of Order Appealed From: April 27, 2009 Judicial District. 9 )ate Documents Received: May 29, 2009 Date Notice of Appeal Filed: May 27, 2009 )rder Type: Order Entered OTN: ludge: Oler, Jr., J. Wesley Judge Lower Court Docket No.: 06-700 ORIGINAL RECORD CONTENTS (3/2009 3023 3:22 P.M. Appeal Docket Sheet Docket Number: Page 3 of 3 June 3, 2009 Original Record Item Filed Date ContentlDescription Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By May 27, 2009 Notice of Appeal Filed Appellant Seeger Jr., George E. June 3, 2009 Docketing Statement Exited (Domestic Relations) Middle District Filing Office 928 MDA 2009 Children's Fast Track Superior Court of Pennsylvania 312009 3023 THE y 2009 J? : s -E; All i IL-: l Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Defendant/Petitioner MARISSA SEEGER, Plaintiff/Respondent V. GEORGE E. SEEGER, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-700 Civil CIVIL ACTION -LAW CHILD CUSTODY AND NOW comes the Defendant/Petitioner, George E. Seeger, Jr., by and through his attorney, Mark T. Silliker, Esquire, pursuant to Pa. R.A.P. 1925(b) and!, files the following Statement of Matters Complained of Pursuant To Pa. R.A.P. 1925(b): INTRODUCTION 1. Defendant/Petitioner is George E. Seeger, Jr., hereinafter referred to as "Father". 2. Plaintiff/Respondent is Marissa Seeger, hereinafter referred to as j"Mother". 3. This action was initiated by Father's Petition to Modify Custody filed on October 30, 2008. 4. The Petition sought to modify an Order entered on February 7, 2006 pertaining to the subject minor child, Caedon Riley Seeger, born May 1, 2003. By that Order, the parties maintained joint legal custody, Mother was awarded primary physical custody, and Father had rights of partial custody consisting of alternating weekends from Friday at 5:30 p.rh. to Monday at 9:00 a.m., every Wednesday from 8:00 a.m. to 5:30 p.m., two non-consecutive weeks during the summer, and shared holidays. It should be noted that Father ceased exercising his Wednesday daytime visits because the subject minor child began school. 5. The Court heard this custody case on April 24, 2009 based upon Father's complaint wherein he sought additional periods of time with the subject minor child. 6. Father testified on his own behalf and also provided the testimony of his fianc6, Chanin Wenz. 7. Mother testified on her own behalf. 8. By its Order of April 27, 2009, the Court denied Father's request ,for additional periods of partial custody and actually reduced his time with the subject minor child. FACTS 9. Father testified that he loved his son very much, that he was self-Omployed and was able to work flexible hours, and that he felt he could provide a good home for the subject minor child. 10. Father's fiancd, Chanin Wenz, testified as to the home she shares with Father, along with her two children, and the relationship between Father, fiance, her two children, and the subject minor child. 11. Based on the aforegoing, Father asked for an equal shared week-on/week-off arrangement, or in the alternative, that the Court grant him increased periods of time with the subject minor child. 12. Mother testified on her own behalf. Her testimony was negative in nature, and was extremely hostile towards Father. 13. Although Mother spoke of Father in a negative manner, none of her testimony contained any information that reflected negatively on Father's ability to parent the subject minor child. 14. Mother did not request that Father's time with the subject minor child be reduced. 15. In an Order dated April 27, 2009, the Court modified the existing Order such that Father's time was reduced to alternating weekends from Friday evening to Monday morning, his day visitation on Wednesdays was not modified to encompass evenings, he was 'given ten days of partial custody in the beginning of June, July, and August without alternating weekends, and his holiday time was significantly reduced. Likewise, there is no provision for telephone calls in the Court Order. 16. It is respectfully submitted that the weight of the evidence proved that Father was a loving parent who, along with his fiance, could be a positive part of the subject minor child's life. ISSUES The Court erred in failing to give proper consideration to the foregoing facts: 17. The Court erred in failing to give proper weight to Father's testimony regarding his love for his son and the extent to which he felt the subject minor child would benefit from spending additional periods of time with him. 18. The Court erred in not giving sufficient weight to the testimony) of Father's fiance, Chanin Wenz, regarding the benefits that would result for the subject minor,, child by spending more time with her and Father, along with her two children. 19. The Court erred in not drafting an Order that provided the subject minor child with sufficient time with his father in order to meet his basic needs. 20. The Court erred by not providing Father with sufficient time with the subject minor child, and instead cutting him back to what is a minimal schedule. 21. The Court committed error to the extent that the Court's Custody Order does not provide Father with sufficient or reasonable periods of partial custody during the major holidays, as well as lesser holidays. As an example, it is customary to alternate Chostmas morning. The April 27, 2007 Court Order grants every Christmas morning to Mother. 22. The Court erred in that its Order does not provide Father with sufficient time with the subject minor child during the summer. 23. The Court committed error in that its Order does not properly provide Father with telephone access to the subject minor child during his non-custodial periods. 24. The Court erred in drafting an Order that at times will result in Father and son not seeing each other for anywhere from three to four weeks. 25. The Court committed error by ordering a schedule that will regularly result in Father and son not seeing each other for eleven-day periods at a time. 26. The Court erred in that it completely failed to take into account !the hostility that clearly existed between Mother and Father, and did not take into account the f4ct that Mother will not grant Father any more time than what is specifically required by ar Order of Court. 27. The Court Order failed to take into consideration Father's deep love for his son, as well as the child's need to be in the presence of his father for more than limited periods of time. 28. The Court committed error to the extent that Father requested additional periods of partial custody from the Court, and instead the Court reduced Father's time with the subject minor child. It is respectfully submitted that there is no justification whatsoever for this action by the Court. 29. The Court abused its discretion in taking time away from Father, particularly given the fact that Mother did not ask that time be taken away from Father. 30. The Court committed error by ordering a custody schedule that was not justified by the testimony at trial. 31. The Court committed error by not granting Father additional periods of partial custody with his son. Date: ?Q Respectfully Submitted, THE LAW OFFICES OF Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 I.D. No. 33671 (717) 671-1500 Attorney for Defendant/Petitioner MARISSA SEEGER, Plaintiff/Respondent V. GEORGE E. SEEGER, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-700 Civil CIVIL ACTION -LAW CHILD CUSTODY CERTIFICATE OF SERVICE The undersigned, Mark T. Silliker, Esquire, hereby certifies that a cm y of Defendant/Petitioner's Statement of Matters Complained of Pursuant to Pa. R.A.P. 1925(b) was mailed to Bradley L. Griffie, Esquire, attorney for Plaintiff/Respondent, the Honorable J. Wesley Oler, the official Court Reporter, Michele Eline, and the District Court Administrator, Melissa H. Calvanelli on June 10, 2009, by regular mail, addressed as follows: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Michele Eline, Court Reporter Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 The Honorable J. Wesley Oler Melissa H. Calvanelli, District Court Administrator Cumberland County Courthouse Cumberland County Courthouse One Courthouse Square One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 Mr. Curtis R. Long Superior Court of Pennsylvania 100 Pine Street, Suite 400 Harrisburg, PA 17101 I hereby certify that the aforegoing is true and correct to the best of m knowledge, information and belief. I understand that false statements herein are ma e subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: R.C 10/ 0q FILE: 0 .-C,i-i'11 OF THE PIRIC1111"N!'XITY 2009 JUN f i PM 1: 0 8 MARISSA SEEGER, Plaintiff/Respondent V. GEORGE E. SEEGER, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-700 Civil CIVIL ACTION -LAW CHILD CUSTODY CERTIFICATE OF SERVICE The undersigned, Mark T. Silliker, Esquire, hereby certifies that a clocked-in copy of Defendant/Petitioner's Statement of Matters Complained of Pursuant to Pa. R.A.P. 1925(b) was mailed to Bradley L. Griffie, Esquire, attorney for Plaintiff/Respondent, the Honorable J. Wesley Oler, the official Court Reporter, Michele Eline, the District Court Administrator, Melissa H. Calvanelli, and Mr. Curtis R. Long on June 12, 2009, by regular mail, addressed as follows: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 The Honorable J. Wesley Oler Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Mr. Curtis R. Long Superior Court of Pennsylvania 100 Pine Street, Suite 400 Harrisburg, PA 17101 Michele Eline, Court Reporter Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Melissa H. Calvanelli, District Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: LIP Mark T. Silliker, Esquire t ,. i1 D' _i. k- in- OP THE PRo `7H)l!,t,?TRPY 20091u li 1 Fl Is i 6 - ',' c? .,, MARISSA SEEGER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION--LAW GEORGE E. SEEGER, JR.: Defendant : NO. 06-700 CIVIL TERM IN RE: OPINION PURSUANT TO PA. R.A.P. 1925 OLER, J., June 18, 2009. In this custody case, the father of a six-year-old child has appealed to the Superior Court of Pennsylvania from an order of this court which declined his request that it impose a 50150 shared physical custody arrangement with respect to the child. A six-page, 31-paragraph statement of errors complained of on appeal has been filed by the father in support of the appeal.' The gist of appellant's statement appears to be that the court erred in not crediting the testimony of him and his fiance tending to show that his petition for modification of a stipulated custody order should have been granted in the best interests of the child. This opinion in support of the order appealed from is written pursuant to Pennsylvania Rule of Civil Procedure 1925(a). STATEMENT OF FACTS Plaintiff is Marissa Seeger (Mother), 31, a resident of Camp Hill, Cumberland County, Pennsylvania.2 Defendant is George E. Seeger, Jr. (Father), 34, a resident of Hummelstown, Dauphin County, Pennsylvania.3 Plaintiff and ' Defendant/Petitioner's Statement of Matters Complained of Pursuant to Pa.R.A.P. 1925(b). Whether this statement comports with the conciseness requirements of Pennsylvania Rule of Appellate Procedure 1925(b)(4)(ii) is beyond the scope of this opinion. Cf. Tucker v. R.M. Tows, 2007 PA Super. 352, 939 A.2d 343; Kanter v. Epstein, 2004 PA Super. 470, 866 A.2d 394.. 2 N.T. 5, Hearing, April 24, 2009 (hereinafter N.T. ?. s N.T. 4, 7. Defendant were married on May 27, 2000.4 One child, a son,5 was born of the parties' marriage, Caedon Riley Seeger, whose date of birth is May 1, 2003.6 The parties separated in the fall of 2005,' and were divorced on July 30, 2008.8 Neither party has remarried, and neither has other children.9 They entered into a stipulated custody order dated February 7, 2006, whereby (a) Mother was to have physical custody on alternating weekends from 5:30 p.m. on Friday until 9:00 a.m. on Monday morning, and on every Monday, Tuesday, Wednesday and Thursday from 5:30 p.m. until the following morning at 9:00 a.m., (b) Father was to have physical custody on alternating weekends from Friday at 5:30 p.m. until Monday at 9:00 a.m., and each Wednesday from 8:00 a.m. until 5:30 p.m., (c) the grandmothers of the child were to care for him during the day on Monday, Tuesday, Thursday and Friday, and (d) holidays were shared by Mother and Father. to In practice, however, the parties adopted a schedule whereby the grandmothers were eliminated from the arrangement, and Father's periods of partial custody were "every other weekend from Friday evening to Monday morning," "entitle[ment]" to "two weeks in the summer," and the holiday periods referred to in the order." Even under that reduced arrangement, Father did not exercise all of the partial custody he was entitled to. 12 a N.T. 4. 5 N.T. 32. 6 N.T. 4-5. N.T. 4-5. s N.T. 5. 9 N.T. 4-5. 10 Order of Court, February 7, 2006. Legal custody was to be shared by the parties; N.T. 4-5.. " N.T. 4-5. 12 N.T. 34-35, 57. 2 Within a week of the entry of the current support order against him, Father filed the petition to modify custody which is the subject of this opinion.13 At an unsuccessful custody conciliation conference, Father demanded primary physical custody; 14 however, subsequent to the conference he indicated he would be satisfied with a shared physical custody arrangement of "week on, week 0 ff."15 A hearing was held by the court on Father's petition, on April 24, 2009. At the hearing, Father presented the testimony of himself and his fiancd, and Mother presented the testimony of herself; in addition, the parties stipulated to the gist of testimony as to their respective parenting skills from several other witnesses. 16 The pertinent testimony at the hearing which the court found credible may be summarized as follows: Father is a partner in an automotive repair shop and lives in Dauphin County, Pennsylvania, in the home of his fiancd, whom he has been with for two and a half years. 17 Two daughters of the fiancd, aged 14 and 16,18 also live at the residence on alternating weeks. 19 The engagement has not yet resulted in a wedding date. 20 For economic reasons related to care of the child,21 Mother, who lives alone with the child in Cumberland County, Pennsylvania, 22 works four jobs. 23 Her primary employment is that of a legal assistant in a law firm. 24 13 N.T. 47; Defendant's Petition To Modify Custody Order, filed October 30, 2008. Custody Conciliation Conference Summary Report, dated February 9, 2009. is N.T. 22. 16 N.T. 31, 89. " N.T. 7, 23. 'g N.T. 13. 19 N.T. 23. 20 N.T. 12. 21 N.T. 36, 46. 22 N.T. 32. 23 N.T. 19. 24 N.T. 5, 36. 3 The child is currently in kindergarten in a Cumberland County school district.25 Father does not dispute that the child is "happy" and "does well," and that Mother is a "good mother" and does a "very good job" as his primary custodian. 26 Prior to the parties' separation, Father was only minimally involved in caring for the child, and this pattern has continued since the parties' separation. 27 This situation was described in testimony of Mother, which the court found credible: Q Very quickly, Ms. Seeger, I want to just cover with you when you and Mr. Seeger were together how Caedon was cared for. Who was responsible for him when he was an infant and toddler? A I was. Q Did Mr. Seeger help in any way? A He was very minimally involved. It was usually at a lot of insistence. He was pretty much doing his own thing. Q Are you talking about just everyday things with Caedon? A Correct. Q Everything from diapers, feeding him, bathing him, so on, and so forth? A Yes. I scheduled all of the doctor's appointments I took care of everything. Q Okay. You said he did his thing. While you were home with your son Caedon, what type of things did Mr. Seeger [d]o? A When he wasn't working, he was racing, working on his race car. He was working on his brother's race cars. They were racing at the time. Golfing with friends. He would go out at night with his friends. There were many evenings that he did not come home until 3 or 4 in the morning because he was out with his friends. Q After you separated, and over the past three years, have you seen a difference in that attitude or way of life where he did his thing and you and Caedon did yours? u N.T. 9. "N.T. 14. 27 N.T. 41-42. 4 A No. It's basically been the same situation since Caedon was born from the very beginning. Mr. Seeger has basically lived his life and lets Caedon in it when it suits him. 28 Mother continues to take care of all of the child's illnesses, 29 registers him for his extra-curricular activities and pays for them,30 buys his sports equipment,31 gives up part of her salary each year to leave the workplace to accommodate his needs,32 and serves as a volunteer soccer coach.33 Father, on the other hand, does not attend the child's special events at kindergarten,34 has never registered the child for anything,35 took no interest in selecting the child's daycare, 36 refused to contribute to his daycare expenses notwithstanding his view that the activity benefited the child,37 and does not help Mother with her parental duties when she needs it. 38 An example of the latter was recounted in Mother's testimony as follows: I was in a car accident, and I suffered a concussion. I was not supposed to drive or to work for two days. I asked Mr. Seeger if he could please pick up Caedon for me and bring him home to me, and he said he couldn't, he had other arrangements.39 In addition, Father involves the child in his parental dispute with Mother. Thus, he tells the child that his mother takes all Father's money, as a result of which the child has expressed a desire to give Father money himself.40 He tells the zs N.T. 42. z9 N.T. 50. 3' N.T. 52-53. N.T. 53. 3z N.T. 52. 33 N.T. 52. 34 N.T. 49. " N.T. 53. 36 N.T. 44. 3' N.T. 46. 3s N.T. 51, 55. 39 N.T. 51. O N.T. 60-61. 5 child that his mother needs to give him clothes .41 He advises the child to tell his mother that she should give Father more time so that they can avoid court proceedings.42 Furthermore, Father does not exercise fully the custodial periods already available to him. 43 When he does exercise a period, the child is often left with Father's parents. 44 Finally, with respect to Father's motivation in seeking a shared custody arrangement the court was unable to avoid the conclusion that it was primarily, if not entirely, financial. His history in this regard was described, credibly in the court's view, by Mother as follows: A ...Every time there was an issue about support, he would harass me about custody, and he made several claims, and threatened me over the past 3 years, that he would ... file for custody if he felt the support was too high or if he wouldn't get a decrease as to what he wanted it to be. Q So that is something that has been consistent over the 3 1/2 years? A Very consistent.as Father's petition for modification of custody which is the subject of this opinion followed immediately an increase in his support obligation. 16 The increased obligation resulted from Mother's inability, after 10 months, to continue to shoulder the $135.00 per week daycare expense entirely by herself.47 Following the hearing, the court entered an order which did not afford Father the shared physical custody arrangement demanded, but, inter alia, did expand his Christmas period of physical custody, extended his alternating ai N.T. 60. "N.T. 61. 43 N.T. 34-35, 57. as N.T. 58. as N.T. 46-47. O N.T. 46-47. a' N.T. 46. 6 weekend periods during the school year to Tuesday when Monday was a federal holiday, and provided a more conventional summer schedule, increasing his summer vacation periods from a total of two weeks to a total of thirty days. Specifically, the order provided as follows: 1. The parties shall have shared legal custody of the child. 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. Pursuant to the terms of 23 Pa. C.S.§5309, each parent shall be entitled to all records and information pertaining to the child, including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. [T]o the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Primary physical custody of the child shall be in Plaintiff, the mother. 3. Temporary or partial physical custody of the child shall be in Defendant, the father, at the following times: a. During the school year, (1) Every other weekend, from Friday at 4:45 p.m. to Monday at 8:00 a.m.; provided, that where such a Monday is a federal holiday the father's period of partial [custody] shall extend to Tuesday at 8:00 a.m.; (2) During Christmas vacation, from Christmas Day at 3:00 p.m. until December 27 at 7:30 p.m.[;] (3) On Thanksgiving Day, from 3:00 p.m. until 7:30 p.m.; b. During the summer, for three 10-day periods at the beginning of June, July and August. 4. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement.48 DISCUSSION "[T]he paramount concern in both custody and visitation cases ... is the best interests of the child." Douglas v. Wright, 2002 PA Super 181, ¶7, 801 A.2d 48 Order of Court, April 27, 2009. 7 586, 591 (citations omitted). Factors to consider in determining the best interests of the child include the child's physical, intellectual, emotional and spiritual well- being. Id. "When a child receives love, guidance, companionship, and direction from a parent on a consistent basis, a firm foundation is being laid for the child's future healthy development." Gonzalez v. Gonzalez, 337 Pa. Super. 1, 8, 486 A.2d 449, 452 (1984). In this regard, "the trial court must give positive weight to the parent who has been the primary caregiver," even if both parents are fit. Id. 337 Pa. Super. at 8, 486 A.2d at 453 (citing Hugo v. Hugo, 288 Pa. Super. 1, 430 A.2d 1183 (1981)). The trier-of-fact in a custody case, as in other cases, is charged with responsibility to assess the credibility of witnesses, and is free to believe all, part or none of the evidence presented. Johnson v. Lewis, 2005 PA Super. 86, ¶11, 870 A.2d 368, 372. In the present case, evidence found credible by the court as to (a) Plaintiffs exemplary history as a selfless primary caretaker of the child, (b) the product of this care in terms of a happy and successful child, (c) Defendant's history of minimal involvement in the child's upbringing, involvement of the child in parental disputes, and failure to utilize custodial periods available to him, and (d) the financial motivation for his petition for modification led the court to decline to impose the 50150 custodial arrangement requested by Defendant and to fashion the order entered. In doing so, the court in no way questioned Defendant's love for the child or the potential of Defendant's fiance to be a good stepmother to the child, nor disregarded the testimony of either. On the other hand, in its capacity as trier-of- fact the court was not required to accept Defendant's assurance that his request for shared custody was non-retaliatory and was not inspired by the financial benefit such an arrangement would accord him. 8 BY THE COURT, ? Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Mark T. Silliker, Esq. 5922 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant 06131 ,fs enatLcL J. Wesley Oler, 9 RUH. ; THE: „ --4 y 2t14 : ! ,is u4? f^,f CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Marissa Seeger VS. George E. Seeger 06-700 Civil Term 928 MDA 2009 The documents comprising the record have been numbered from No.1 to 156 , and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 06/19/2009 . L) ? A/ . ?' is R. Long, Prot nota Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of Cumberland in the Commonwealth of Pennsylvania 928 MDA"2009 to No. 06-700 Civil Term, 19 is contained the following: COPY OF A-= Arana- DOCKET ENTRY Marissa Seeger VS. George E. Seeger, Jr. **SEE CERTIFIED COPY OF THE DOCKET ENTRIES** Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, I have hereunt this 19th 1, Curtis R, Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Marissa Seeger Plaintiff, and George E. Seeger. Jr Defendant , as the same remains of record before the said Court at No. 06-700 of Civ; I Term, A.D. l9 . set my hand and affixed the seal of said Court daytof , June _ ? A. D., it2009. %?- t // Prothonotary I, Edgar B. Bayley President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis • Long by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualifie¢,teai f whose acts as such full faith and credit are and ought to be given as well in Courts of judicattp'a's elsewh r e said record, certificate and attestation are in due form of law and made t e prop ffice . CA Y" President Judg Commonwealth of Pennsylvania County of Cumberland ss: 1, CtiurtiG R T n$ , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Fdgar B- Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this day f A. D. W1009. Prothonotary O S O 0 w m N N a w 0 a -n n n O y X m 3 ? b r ds ? < ? O y? y ' 1 V1 ?y N O ? o o II o I, N lD I ° u a i iv?yy %.LLLIU.lGLlu 1l 1. LAIllrY Ll. vl..11V11V 1.U1 y o V11 L.C Civil Case Print CQyc 1 2006-00700 SEEGER MARISSA (vs) SEEGER GEORGE E JR Reference No. Filed.. . . 2/03/2006 Case Type...... COMPLAINT - CUSTODY d Time. 1.35 Ju gment..... 00 Execution Date 0/00/0000 Judge Assigned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: ------------ Case Comments --------- Disposed Date. Hi 0/00/0000 gher Crt 1.: 928 MDA 2009 Higher Crt 2.: ******************************************************************************** General Index Attorney Info SEEGER MARISSA PLAINTIFF GRIFFIE BRADLEY L 775 ERFORD ROAD CAMP HILL PA 17011 SEEGER GEORGE E JR DEFENDANT 69 FAIRVIEW STREET CARLISLE PA 17013 * Date Entries ******************************************************************************** 1-6 2/03/2006 ?;- If 2/03/2006 2/08/2006 /a 11/06/2006 /a 11/06/2006 /V_ , / 10/30/2008 /3 11/06/2008 as ?? 11/25/2008 ,211-,;IS 2/13/2009 a? }a7 4/27/2009 g 4/27/2009 5/27/2009 3y 5/27/2009 3S 5/29/2009 76_ y0 6/04/2009 Jyi , q-2 6/12/2009 I/V 6/16/2009 - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CUSTODY ------------------------------------------------------------------- CUSTODY STIPULATION ------------------------------------------------------------------- ORDER IS ATTACHED INCORPORATED IN ITS ENTIRETY AS ORDER OF COURT - BY THE COURT J WESLEY OLER JR J COPIES MAILED 28/06 ------------------------------------------------------------------- PRAECIPE FOR WITHDRAWAL OF APPEARANCE - BY MELISSA P GREEVY ATTY FOR PLFF ------------------------------------------------------------------- PRAECIPE TO ENTER APPEARANCE - BY BRADLEY L GRIFFIE ATTY FOR PLFF ------------------------------------------------------------------- PETITION TO MODIFY CUSTODY ORDER - BY MARK T SILLIKER ATTY FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - - PREHEARINGA //CUSTODY6CONFERENCEE12PETITON TO /11/08 9:30OAMF4TH CUSTODY CUMBERLAND COUNTY COURTHOUSE - B HUBERT X GILROY ATTY CUSTODY CONCILIATOR - COPIES MAILED 11/6f 08 ------------------------------------------------------------------- ACCEPTANCE OF SERVICE - PETITION TO MODIFY CUSTODY ORDER - BY BRADLEY L GRIFFIE ESQ ON BEHALF OF PLFF ------------------------------------------------------------------- COURT ORDER - 2/12/09 - IN RE: CUSTODY CONCILIATION REPORT - HEARING 224/09 AT 9:30 AM R CUMB CO COURTHOUSE - BY J WESLEY OLER JR J - COPIES MAILED 2/13/09 ------------------------------------------------------------------- ORDER OF COURT - DATED 4 / 7/09 - IN RE CUSTODY - BY J WESLEY OLER JR J - COPIES MAILED 4/277 09 ------------------------------------------------------------------- ECLARED ATTERORDER UNDERD /ADVISEMENT IN BYREJRWESLEYECORD JR JL- COPIES M M MAILED 4/27/09 ------------------------------------------------------------------- NOTICE OF APPEAL TO--SUPERIOR COURT - BY MARK T SILLIKER ATTY FOR DEFT ------------------------------------------------------------------- REQUEST FOR TRANSCRIPT - BY MARK T SILLIKER ATTY FOR DEFT ------------------------------------------------------------------- OLERRJRFJCOUCOPIES/29//09 I5/RE: NOTICE OF APPEAL - BY J WESLEY MAILED 9/09 ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO #928 MDA 2009 ------------------------------------------------------------------- DEFENDANT/PETITIONERS STATEMENT OF MATTERS COMPLAINED OF PURSUANT TO PA RAP 1925B - BY MARK T SILLIKER ATTY FOR DEFT ------------------------------------------------------------------- CERTIFICATE OF SERVICE - DEFENDANT'S STATEMENT OF MATTERS PYS511 Cumberiana county rror-nonor-ary•5 u111C:C rayc Civil Case Print 2006-00700 SEEGER MARISSA (vs) SEEGER GEORGE E JR Reference No..: Filed......... 2/03/2006 Case Type.....: COMPLAINT - CUSTODY Time..;......: 1:35 Judgment......: 00 Execution Date 0/00/0000 Judge Assigned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 928 MD 2009 Higher Crt 2.: COMPLAINED,OF PURSUANT TO PA RAP 1925(B) - BY MARK T SILLIKER ESQ `f --------------------------------------------- y -/7 (p 6/17/2009 TRANSCRIPT-FILED- - -DATED-6/16/09-- -BY-J-WESLEY-OLER-JR-J - - - - - - - - - - - ------------------------------------------------------------------- /L?7 /SS TO PA R 6/18/2009 WESLEY OPINION PURSUCOPIES MAILED 6/1809 DATED 6/18/09 - BY J ------------------------------------------------------------------- 6/19/2009 NOTICE OF DOCKET ENTRIES MAILED TO BRADLEY L GRIFFIE ESQ AND MARK T SILLIKER - - - - E - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal P*ymts/Ad? End Bal ******************************** ******** ****** ******************************* CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 CUSTODY FEE 5.20 5.20 .00 CUSTODY FEE-CO 1.30 1.30 .00 MODIFICATION CU 70.00 70.00 .00 SUBPOENA 18.00 18.00 .00 APPEAL HIGH CT 48.00 48.00 .00 ------------------------ ------------ 248.00 248.00 .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY r&r'!!'A RECO'R® In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This .....J1..... day of.. QGY?l ??. Prothonotary COMMONWEALTH OF PENNSYLVANIA Superior Court of Pennsylvania Karen Reid Bramblett, Esq, b iddle District Prothonotary Milan K. Mrkobrad, Esq. June 29, 2009 Deputy Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Seeger, M. v. Seeger Jr., G. No. 928 MDA 2009 100 Pine Street, Suite 400 Harrisbure, PA 17101 717-772-1294 www.superiorxourt.state.Pa.us , received from the Superior Court of Pennsylvania, Middle District Office, the certificate of discontinuance of the court, in the above entitled case. Contents of Original Record: Original Record Item Description [? Part w/ envelope attached 1 Return to: Superior Court of Pennsylvania Office of the Prothonotary 100 Pine Street, Suite 400 Harrisburg, PA 17101 717-772-1294 Trial Court Docket Number(s) 06-700 IW PRONOWTARY 2009 JUN 3Q AM 11: 31 PEC'JN`OYLtPP41" A. Mr, Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 A 1014 - 09/07 Karen Reid Bramblett, Esq. Midge District Prothonotary Milan K. Mrkobrad, Esq, June 29, 2009 Dcputy Prothonotary Superior Court of Pennsylvania Notice of Discontinuance of Action RE: Seeger, M. v. Seeger Jr., G. Appeal of: George E. Seeger, Jr. Type of Action: Notice of Appeal No. 928 MDA 2009 Cumberland County Court of Common Pleas Agency Docket Number: 06-700 100 Pine Street. Suite 400 Harrisbure. PA 17101 717-772-1294 www. superior. court. s tate. pa. us The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Bradley Leroy Griffie, Esq. Mark T. Silliker, Esq. Party Name Party Type Marissa Seeger Appellee George E. Seeger, Jr. Appellant FLED-ORICE OF 7W PPROTHINOTARY JUN 30 AM 11: 31 IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING IN HARRISBURG No.928 MDA 2009 Marissa Seeger V. : Appeal from the Order 4/27/09 :Court of Common Pleas George E. Seeger, Jr. :for the county of Cumberland :No. 06-700 6/26/09 - The above appeal is hereby withdrawn and discontinued by order of: Mark T. Silliker Attorney for Appellant 6/26/09 - DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 29th day of June, 2009. Deputy Prothonotary RUD FiCE OF IW PROTHONOTARY 1809 JUN 30 AM 11: 31 CUM ° i ;JUN Y PENNSYLVANA MARISSA SEEGER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-700 Civil • N GEORGE E. SEEGER, JR., CIVIL ACTION -LAW Defendant/Petitioner CHILD CUSTODY :x :ij rip 14?+ NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against i9e clns set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MARISSA SEEGER, Plaintiff/Respondent V. GEORGE E. SEEGER, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-700 Civil CIVIL ACTION -LAW CHILD CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Defendant/Petitioner, George E. Seeger, Jr., by and through his attorney, Mark T. Silliker, Esquire, and respectfully requests this Honorable Court grant the following relief: 1. Petitioner is George E. Seeger, Jr., an adult individual currently residing at 5938 Pinedale Court, Harrisburg, Dauphin County, Pennsylvania. 17111. 2. Respondent is Marissa Seeger, an adult individual currently residing at 10 East Locust Street, Enola, Cumberland County, Pennsylvania. 17025. 3. The subject minor child is Caedon R. Seeger, born May 1, 2003. 4. The parties are currently operating under an Order of Court dated April 27, 2009. A copy of said Order is attached hereto and marked Exhibit "A". 5. The Custody Order in question granted Petitioner ten (10) consecutive days of partial custody in the beginning of each summer month of June, July, and August pursuant to Paragraph 3(b). 470.00 P O A7-1"y c?-? a3to71 t2r'? a 3 9a o/ 6. Petitioner is planning to marry his fiance during the first week of July 2010. Likewise, they are planning a destination wedding in Mexico. This specific week has been chosen so as to coincide with Father's regularly scheduled periods of summer custodial time. 7. Petitioner and his fiance would like to bring her two daughters, Amber and Ashley, as well as the subject minor child, Caedon, to Mexico with them to participate and celebrate their wedding. 8. In order to do this, it will be necessary to obtain a passport for the subject minor child. Likewise, it will be necessary to have a clear understanding with the Respondent as to the time period which Petitioner will be exercising his court-ordered periods of summer partial custody. 9. Petitioner is very concerned, because despite the best efforts on his part, Respondent has refused to agree to meet him at the appropriate location and take whatever steps are necessary to obtain a passport for the subject minor child. 10. Petitioner has done his best to try to work this out with Respondent. However, she has not cooperated with him, nor has any agreement been reached. 11. Based on the aforegoing, Petitioner is extremely worried that Respondent will not cooperate with him, that she will not take whatever steps are necessary to enable the subject minor child to obtain a passport, and that when the time comes, she will not agree to let the child go to Mexico with Petitioner, his fiance, and her two daughters. WHEREFORE, Petitioner respectfully requests that a Conciliation Conference be scheduled as soon as possible in order to address these issues and otherwise take whatever steps are necessary to obtain a Court Order that specifically directs the Respondent to take whatever steps are necessary to enable the Petitioner to obtain a passport for the subject minor child. This will include signing all necessary forms and bringing the child to the proper office. Petitioner would also respectfully request this Honorable Court craft an Order which will specifically enable him to have custody of the subject minor child during the first week in July 2010 so the subject minor child will be able to go to Mexico with him in order to attend Petitioner's wedding. Date: 3 /1,9 I(D Respectfully Submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 I.D. No. 33671 (717) 671-1500 Attorney for Petitioner, George E. Seeger, Jr. AFFIDAVIT I, George E. Seeger, Jr., hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: 3116 George E. Sli r Jr. ' MARISSA SEEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GEORGE E. SEEGER, JR.: NO. 06-700 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of April, 2009, upon consideration of Defendant Father's Petition to Modify Custody Order with respect to the parties' child, Caedon R. Seeger (d.o.b. May 1, 2003), and following a hearing held on April 30, 2009, it is ordered and directed as follows: 1. The parties shall have shared legal custody of the child. 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. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. to the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Primary physical custody of the child shall be in Plaintiff, the mother. 3. Temporary or partial physical custody of the child shall be in Defendant, the father, at the following times: a. During the school year, (1) Every other weekend, from Friday at 4:45 p.m. to Monday at 8:00 a.m.; provided, that where such a Monday is a federal holiday the father's period of partial shall extend to Tuesday at 8:00 a.m.; EXHIBIT ? u (2) During Christmas vacation, from Christmas Day at 3:00 p.m. until December 27 at 7:30 p.m. (3) On Thanksgiving Day, from 3:00 p.m. until 7:30 p.m.; b. During the summer, for three 10-day periods at the beginning of June, July and August. 4. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff M T. Silliker, Esq. 22 Linglestown Road Harrisburg, PA 17112 Attorney for Defendant add at + '.'MCI BY THE COURT, MARISSA SEEGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2006-700 CIVIL ACTION LAW GEORGE E. SEEGER, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday March 26, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 23, 2010 at 8:30 AM ... --- ...._ for a Pre-IiHcarimi Custody Conference. At such conference, an effort will be made to resolve the issues in dispute-, or if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _ /s/ Hubert X. Gilro Es q. 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 NQT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICP_SE`E_' FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. z-o _ rT! Cumberland County Bar Association 3 • ;z co • 10 ctr4 r N trGu?t 32 South Bedford Street cry t?.Carlisle, Pennsylvania 17013 ©Telephone (717) 249-3166 - --'- r\3 ? 3- a ? 1 U IV??e.., nna:? tech ?a Gri f?ie? =-3 3 •a co • o ?? ?? ac?? n Cs-i tr -jl VOL . v MARISSA SEEGER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-700 Civil n GEORGE E. SEEGER, JR., :CIVIL ACTION -LAW ~ a q DefendantlPetitioner :CHILD CUSTODY ~ ~ ~ ~ ~ 1~~~ °- ~ ~^-F L~ .~ ORDER OF COURT ==' ~ ,~,,, ^^~rY"`(~ _, ~ ~ m _ c.n /f f ~ AND N W h d 201 h ,~ -~ , , t is ~ 3 ay o e parti O 0, t es having reached agreement with regard to Petitioner's above-captioned Petition for Special Relief, it is hereby ORDERED AND DECREED as follows: 1. The terms and conditions of the pre-existing Order of Court dated Apri127, 2009 shall remain in full force and effect save for the following. 2. It is agreed between the parties that they shall meet at the local post office or library, and otherwise take whatever steps are necessary to apply for a passport for the subject minor child, Caedon R. Seeger, born May 1, 2003. Petitioner, George E. Seeger, Jr. shall bear the cost of the passport and it shall be mailed to him. 3. It is agreed between the parties that George E. Seeger, Jr. shall have partial custody of the subject minor child from the evening of June 30, 2010 until the evening of July 10, 2010 in order for Caedon to be able to attend Petitioner's wedding and honeymoon vacation with the rest of his extended family at Aventura Cove Palace in Mexico. It is further understood between the parties that at this point George E. Seeger, Jr. anticipates flying from Baltimore to Mexico at 7:00 a.m. the morning of July 1, 2010, and he anticipates returning from Mexico during the evening hours of July ?, 2010. Should these times change, George E. Seeger, Jr. shall notify Marissa Seeger as soon as possible. 4. It is agreed between the parties that Marissa Seeger shall retain the passport, along with the subject minor child's other original records. However, it is also understood that the passport shall be made available to George E. Seeger, Jr. upon request, should he contemplate additional trips outside of the country. This paragraph shall not to be interpreted so as to impose upon Marissa Seeger any obligation to agree to a trip outside the country. However, she may not block the trip by means of refusing to give George E. Seeger, Jr. the passport. 5. The parties acknowledge that their strict adherence to the terms and conditions of this Order is required. /Distribution: ~'k T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 /Bradley L. Griffie, Esquire, 200 North Hanover Street, Carlisle, PA 17013 S~~/3//O ~/'I'~ BY THE COURT: MARISSA SEEGER, Plaintiff vs. GEORGE E. SEEGER, JR., Defendant PRIOR JUDGE: J. Wesley Oler 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2006-700 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. A Conciliation Conference was scheduled in the above matter and counsel for the parties notified the Custody Conciliator that they had resolved the issue and the Conference was cancelled. Counsel for the parties then provided the Conciliator wth an agreed upon Court Order which is attached. 2. The Conciliator recommends that the Court sign the attached Order. Date: May ~ , 2010 ~~%~ Hubert X. Gilroy, Custody Conciliar ~~ L-~~ ~dr'~r~ s ~Sf T~-1~- ~~ • CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Marisa Seeger vs. George E. Seeger 06-700 Civil Term • 928 MDA 2009 The documents comprising the record have been numbered from No.l to 156 ,and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 06/19/2009 . urtis R. Long, Pro hon ry Regina Lebo An additional copy of this certificate is enclosed Please sign and date copy thereby acknowled~mg receipt of this record. Date R i d in S ~nerior Gourt Signature & Title JUN 2 ~ ~uuu MIDDLE MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. .• CIVIL ACTION - LAW : NO. 2006-700 CIVIL TERM C.7D - ---i GEORGE E. SEEGER, JR., : m up -n Defendant/Petitioner • . IN CUSTODY c f . _ .'' c-) PETITION FOR MODIFICATION - . ----4 ' OF CUSTODY — x c.) > --c. co AND NOW comes the Defendant/Petitioner, George E. Seeger, Jr., by his attorneys, Irwin & McKnight, P.C., and presents the following Petition for Modification of Custody. The Defendant/Petitioner, George E. Seeger, Jr., is an adult individual with an address of 5938 Pinedale Court, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Plaintiff/Respondent, Marissa Seeger, is an adult individual with an address of 10 East Locust Street, Eno la, Cumberland County, Pennsylvania 17025. The parties are the natural parents of one (1) child, namely, Caedon R. Seeger, born May 1, 2003. 4. The parties are currently governed by an Order of Court dated April 27, 2009 from the Cumberland County Court of Common Pleas, a copy of which is attached hereto and marked as Exhibit "A". 1.1.60 ecilt Joy .00 5. The Defendant/Petitioner is requesting primary physical custody and shared legal custody of said minor child, Caedon R. Seeger with periods of temporary physical custody to the Plaintiff/Respondent. 6. The Defendant/Petitioner is also seeking counseling for Caedon R. Seeger. 7. The best interests and permanent welfare of the minor child requires that the Court grant the Defendant/Petitioner's request as set forth above. WHEREFORE, the Defendant/Petitioner. George E. Seeger, Jr., respectfully requests that he be awarded primary physical custody and shared legal custody of Caedon R. Seeger as provided herein, with periods of temporary physical custody to Plaintiff/Respondent as provided herein. Respectfully submitted, IRWIN & IGHT P.C. B : a cu A. McKnight, III squire Attorney for Plaintiff West Pomfret Street Carl is Pennsylvania 17013-3222 (717) 249- 3-5- Supreme Court I. D. No. 5476 Date: April 0, 2014 VERIFICATION The foregoing document 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 unworn falsification to authorities. By: Date: April 10, 2014 GEORGE E. SEEGER, JR. EXHIBIT "A" MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW GEORGE E. SEEGER, JR.: NO. 06-700 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of April, 2009, upon consideration of Defendant Father's Petition to Modify Custody Order with respect to the parties' child, Caedon R. Seeger (d.o.b. May 1, 2003), and following a hearing held on April 30, 2009, it is ordered and directed as. follows: 1. The parties shall have shared legal custody of the child. 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. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. to the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Primary physical custody of the child shall be in Plaintiff, the mother. 3. Temporary or partial physical custody of the child shall be in Defendant, the father, at the following times: a. During the school year, (1) Every other weekend, from Friday at 4:45 p.m. to Monday at 8:00 a.m.; provided, that where such a Monday is a federal holiday the father's period of partial shall extend to Tuesday at 8:00 a.m.; (2) During Christmas vacation, from Christmas Day at 3:00 p.m. until December 27 at 7:30 p.m. (3) On Thanksgiving Day, from 3:00 p.m. until 7:30 p.m.; b. During the summer, for three 10 -day periods at the beginning of June, July and August. 4. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff M T. Silliker, Esq. 22 Linglestown Road arrisburg, PA 17112 Attorney for Defendant BY THE COURT, Y 'ROOi t lam.,,) de 1 I writ% MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA v. GEORGE E. SEEGER, JR., Defendant/Petitioner CIVIL ACTION - LAW NO. 2006-700 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Brad Griffie, Esquire Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 Date: April 10, 2014 IRWIN & McKNIGHT„P.C. By: Marcu : A. McKnight, III, quire 60 Wes ' omfret Street Carlisle, P A 013 (717) 249 -2353 Supreme Court I.D. No. 25476 MARISSA SEEGER Plaintiff Vs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2006 -700 CIVIL TERM GEORGE E. SEEGER, JR. CIVIL ACTION - LAW (ID Defendant IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION o I, GEORGE E. SEEGER, JR. , hereby swear or affirm, subject to penalssof law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: -c cO 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime Self Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) 18 Pa.C.S. §2901 ❑ (relating to kidnapping) cn n 18 Pa.C.S §2902 r! Irelatine to unlawful restraint 18 Pa.C.S 2903 relatin to im rison� m` 18 Pa.C.S. §2910 relatin to luring a child into a motor vehicle or structure) r 18 _21a, c1_, §3121 ❑ Lelatine to rape) 18 Pa.C.S §3122 1 r relating to statutory sexual assault) C 18 Pa.C.S 3123 relating to involunta deviate sexual interc`rse) 18 Pa.C.S 31241 ❑ relatin to sexual assault 18 Pa.C.S. 3125 r Lrelatine to aeeravated indecent assault) n 18 Pa.C.S §3126 ❑ irelatine to indecent assault 18 Pa.C.S. §3127 ❑ Irelatine to indecent ex osure ❑ 18 PLC 5 flaw_ 177 )relating to sexual intercourse with animals) 18 Pa.C.S. 63130 ireiatine to conduct relating to sex offenders E 18 Pa.C.S. §3301 n (relating to arson and related offenses) r J I8 Pa.C.S 4302 (relating to inces E1 18 Pa.C.S &4303 (relating to concealing death of child) 18 Pa.C.S. 4304 irelating to endangering welfare of children) 18 Pa.C.S 64305 relatin to dealfn in infant children) 'Lea i5902(b) (relating tolrostitution and related offenses) n 18 Pa.C.S. §5903 ( j cord relatin to obscene and other sexual materials and aerformancesl 18 Pa.C.S 6301 relatin to corru tion of minors fl 18 Pa.C.S. §6312 fl (relating to sexual abuse of children) fl 18 Pa.C.S. §6318 7 7 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 'relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of Protection order or agreement) Driving under the ri influence of drugs or alcohol fl Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply member fl A finding of abuse by a Children & Youth fl Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the fl Protection from Abuse Act in Pennsylvania or similar statute in Date another jurisdiction Other: El n • Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature c, Srti ;t Printed Name MARISSA SEEGER PLAINTIFF v. • GEORGE E. SEEGER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-700 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 22, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 22, 2014 8:30 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARISSA (SEEGER) LIGHTNER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA r-3 r,-.1� = VS. : No. 2006-700 CIVIL ACTION - L�,, rn • (11 -▪ �� GEORGE E. SEEGER : IN CUSTODY ter` nay Defendant/Respondent : PRIOR JUDGE: J. WESLEY OLE. c -71 PETITION FOR MODIFICATION OF CUSTODY 5F,•„ -- c€l AND NOW comes Petitioner, Marissa Lighter, by and through her counsel,`$radi'1$y Ln Griffie, Esquire, and the law firm of Griffie & Associated, P.C. and petitions the court as follows: 1. Petition is the above named Plaintiff, Marissa (Seeger) Lightner, an adult individual currently residing at 315 West Shady Lane, Apartment 1, Enola, Cumberland County, Pennsylvania, 17025. 2. Respondent is the above named Defendant, George E. Seeger, Jr., an adult individual currently residing at 5938 Pinedale Court, Harrisburg, Dauphin County, Pennsylvania. 3. The parties are the natural parents of one child, namely Caedon R. Seeger, born May 1, 2003. 4. The parties are subject to an Order of Court dated April 27, 2009, which was entered following an extensive herein before the Honorable J. Wesley Oler, Jr., Judge of the Court of Common Pleas of Cumberland County; a copy of said Order of Court being attached hereto and incorporated herein by reference as Exhibit 5. Petitioner, who has primary physical custody of the child and the child have resided at their current residence with Petitioner's husband, Brian Lightner, for 183.66 abagy approximately three (3) years, along with the children of Petitioner and Brian Lightner, Abraham Lightner (age 2 '/2 ) and Elijah Lightner, (age 7 months). 6. Since the entry of the prior Order of Court, Respondent has severely limited his involvement with the child, essentially only involving himself in the child's life during his periods of partial physical custody on an alternating week basis and not engaging in other aspects of the child's life. 7. Respondent has illustrated a lack of understanding of the child's needs and has intervened in a manner that is not in the child's best interest relative to his medical treatment, such that it is in the child's best interest for the court to enter an Order of Court providing Petitioner with sole legal custody of the child. 8. At the time of filing the instant Petition for Modification of Custody, Respondent has likewise filed a Petition for Modification of Custody which has caused a conciliation conference to be scheduled for Friday, June 6, 2014 at 8:30 a.m. before conciliator Hubert X. Gilroy, Esquire, such that all matters associated with this case should be heard at one time. WHEREFORE, Petitioner requests your Honorable Court to modify the prior Order of Court by providing Petitioner with sole legal custody of the child, Caedon R. Seeger. Respectfully Submitted, e, Esquire ey for ' aintiff/Petitioner Supreme •urt ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: Chg/ V MARISSA (SEEGER) LIGHTNER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006-700 CIVIL ACTION - LAW GEORGE E. SEEGER, Defendant/Respondent : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the A day of May, 2014, cause a copy of Plaintiff/Petitioner's Petition for Modification of Custody to be served upon Defendant/Respondent by serving his attorney of record, Marcus A. McKnight, III, Esquire, by first-class mail, postage prepaid at the following address: DATE: c1_1811Y Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 G ' ie, Esquire Orrif*ney it Plaintiff/Petitioner GRIFFIE & ASSOCIATES, P.C. 200 North. Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 MARISSA (SEEGER) LIGHTNER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006-700 CIVIL ACTION - LAW GEORGE E. SEEGER, : IN CUSTODY Defendant/Respondent : PRIOR JUDGE: J. WESLEY OLER, JR. Criminal Record/Abuse History Verification Form I, Marissa Lightner, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa. C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime 18 Pa. C.S. Ch. 25 ❑ (relating to criminal homicide) 18 Pa. C.S. §2702 ❑ (relating to aggravated assault) 18 Pa. C.S. §2706 ❑ (relating to terroristic threats) ❑ 18 Pa. C.S. §2709.1 (relating to stalking) Self Other Date of household conviction member guilty plea, no contest plea or pending charges Sentence LD � /�.� �Y-y cD DE c r Ti 18 Pa. C.S. §2901 (relating to kidnapping) 18 Pa. C.S. §2902 (relating to unlawful restraint) 18 Pa. C.S. §2903 (relating to false imprisonment) 18 Pa. C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa. C.S. §3121 (relating to rape) 18 Pa. C.S, §3122.1 (relating to statutory sexual assault) 18 Pa. C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa. C.S. §3124.1 (relating to sexual assault) 18 Pa. C.S. §3125 (relating to aggravated indecent assault) 18 Pa. C.S. §3126 (relating to indecent assault) 18 Pa. C.S. §3127 (relating to indecent exposure) 18 Pa. C.S. §3129 (relating to sexual intercourse with animal) 18 Pa. C.S. §3130 (relating to conduct relating to sex offenders) 18 PaC.S. §3301 (relating to arsoand related offenses) 18 Pa. C.G. §4302 (relating to incest) 18 Pa. C.S. §4303 (related to concealing death of a child) 18 PaC.S. §4304 (relating to endangering welfare of children) 18 Pa. C.S.§43O5 (relating to dealing in infant children) 18 Pa. C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa. C.S. §5903 (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa. C.S. §6301 (relating to corruption of minors) 18 Pa. C.S. §6312 (relating to sexu| abuse of children) 18 PaC.S. §6318 Fl (relating to unlawful contact with minor) 18Pa. C.S.§G32O (relating to sexual [l exploitation of �� children) 23 Pa. C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other members of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply member A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in ❑ another jurisdiction ❑ ❑ Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ Date 3. Please list any evaluation,counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. jith•ttri Sign tune Marissa Lightner Printed Name MARISSA LIGHTNER PLAINTIFF V. GEORGE E. SEEGER DEFENDANT IN THE COURT OF COMMON PLEAS OF c-; �.. CUMBERLAND COUNTY, PENNSYLVA..ziI E ..- —i rn Co 2006-700 CIVIL ACTION LAW =rrl c„-_- - n `rt- IN CUSTODY <c") -" xC. C' CO �j . ORDER OF COURT • fc AND NOW, Monday, June 02, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 24, 2014 9:30 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition: No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq.n 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. • 'les -Rs' oa +0 Cumberland County Bar Association 32 South Bedford Street Grp FFIol... Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 �C ` n lC�'�.r piacecLit. .(4 exdD MARISSA LIGHTNER (SEEGER), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2006-700 CIVIL ACTION - LAW GEORGE E. SEEGER, JR., Defendant : IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler, Jr. COURT ORDER AND NOW, this . day of June , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 2. sc e. u e. m e a. ov 201_4,at as • e e .• sa . The parties are directed to proceed with filing a pre-trial statement with the Court and the other party consistent with Pennsylvania Rule Of Civil Procedure 1915.4-4. ty day of , 204.4 -at ter. At this Wig, the mother shall be the moving party and shall proceed initially with testimony. 3. Pending further Order of this Court, this Court's prior Order of April 27, 2009 shall remain in effect. 4. In the event legal counsel for the parties believe that another Custody Conciliation Conference would aid in resolving this case prior to the hearing scheduled above, counsel may contact the Custody Conciliator directly to schedule another Custody Conciliation Conference in advance of the hearing. Additionally, it is anticipated the parties will discuss a holiday schedule, and if there is a disagreement on that schedule, counsel for the parties may contact the Custody Conciliator for a telephone conference to address those issues. —,_ al C7' -t; CD r r/1 No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc: cercus A. McKnight, III, Esquire /Bradley L. Griffie, Esquire 'es afte0._._ iz>1 G>pq ,It-Wes+ey $mei, i., Judge - Thomas A. Placey Common Pleas Judge MARISSA LIGHTNER (SEEGER), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2006-700 CIVIL ACTION - LAW GEORGE E. SEEGER, JR., Defendant : IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: c:= Caedon R. Seeger, born May 1, 2003. 2. A Conciliation Conference was held on June 6, 2014, with the following individuals in attendance: The mother, Marissa Lightner (Seeger), with her counsel, Bradley L. Griffie, Esquire, and the father, George E. Seeger, Jr., with his counsel, Marcus A. McKnight, III, Esquire. 3. There is a prior Order from April of 2009 giving mother primary physical custody and father periods of partial physical custody. Father is now petitioning to get additional time. Mother is not in agreement and the parties could not agree at the Conciliation Conference. Additionally, mother has filed a petition to get sole legal custody as there is an issue with respect to decisions on medication for the minor child. 4. A hearing is necessary and the Conciliator recommends the entry of an Order in the form as attached. Date: June l , 2014 Hubert'X. Gilroy squire Custody Conciliator MARISSA LIGHTNER (SEEGER), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2006-700 CIVIL ACTION - LAW GEORGE E. SEEGER, JR., Defendant : IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler, Jr. MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than one day but a full day should be scheduled. Because the child will be starting counseling, the hearing should be scheduled in late August or September. Date: June /v , 2014 Hubert X. Gilroy, quire Custody Concili. 'or MARISSA LIGHTNER (SEEGER), Plaintiff v. GEORGE E. SEEGER, JR., Defendant Zountp of QCumberfanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2006-0700 CIVIL TERM IN CUSTODYR T r IN RE: CUSTODY TRIAL SCHEDULING ORDER OF COURT <+ N AND NOW, this 25th day of June 2014, upon review of the Conciliation;S maty c Report, a custody trial is scheduled for the 15 September 2014 at 9:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Counsel only shall attend a Pretrial Conference scheduled for 18 August 2014 at 9:30 a.m. in the jury deliberation room of Courtroom Number Six in the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 11 August 2014. 1. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party or a child whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of • each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. The name and age of any child witness either party proposes to call as a witness; d. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; e. A proposed final custody order. f. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court; and 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the order of testimony; b. the narrowing of the issues; c. the entry of a pretrial order to include time limits; d. the special scheduling of any child witness either party intends to call at trial; e. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; f. the limitation of the number of expert witnesses; 2 1 g. settlement and/or mediation of the case; and h. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice Pistribution: Bradley L. Griffie, Esq. rcus A. McKnight, 111., Esq. 10/71/4/ BY THE COURT 3 Thoma Placey C.P.J. MARISSA LIGHTNER (SEEGER), Plaintiff v. GEORGE E. SEEGER, JR., Defendant Countp of Cumberinnb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT C) 2006-0700 CIVIL TER me rnrn IN CUSTODY -<> r - c 5; A IN RE: APPOINTMENT OF ATTORNEY ORDER OF COURT rn co AND NOW this 18th day of August 2014, the court appoints Grace E. D'Alo, Esquire, to represent the child during the proceedings and to do all of the following: 1. Meet with child as soon as possible following the appointment and as appropriate thereafter. 2. On a timely basis, be given access to relevant court records, reports of examination of the parents and other custody of the child and medical, psychological, and school records. 3. Participate in all proceedings. 4. Conduct such further investigation necessary to ascertain relevant facts for presentation to the court. 5. Interview potential witnesses, including child's parents and caretakers, if any. The attorney may examine and cross-examine witnesses and present witnesses and evidence necessary to protect the best interest of the child. 6. Make specific recommendations in a written report to the court relating to the best interests of the child, including any services necessary to address the child's needs and safety. The court shall make the written report part of the record so that it may be reviewed by the parties. The parties may file with the court written comments regarding the content of the report. The comments filed by the parties shall also become part of the record. 7. Explain the proceedings to the child to the extent appropriate given the child's age, mental condition and emotional condition. 8. Advise the court of the child's wishes to the extent that they can be ascertained and present to the court whatever evidence exists to support the child's wishes. When appropriate because of the age or mental and emotional condition of the child, determine to the fullest extent possible the wishes of the child and communicate this information to the court. The court's intention in appointing an attorney in this case is to mitigate any stress of these proceedings upon the child, to include avoiding the child and the child's health care professionals from being witnesses for/or against either parent. _Distribution: Bradley L. Griffie, Esq. ..-1-:V1--arcus A. McKnight, Ill., Esq. race E. D'Alo, Esq, CopCes a i9py 2 Thoma . Placey C.P.J. MARISSA LIGHTNER IN THE COURT OF COMMON PLEAS OF (SEEGER), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff THE NINTH JUDICIAL DISTRICT v CIVIL ACTION - LAW GEORGE E. SEEGER, JR., 700-2006 CIVIL TERM Defendant IN CUSTODY IN RE: PRETRIAL CONFERENCE ORDER OF COURT C) LO AND NOW, this 18th day of August, 2014, a pretrial conference was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse. Present on behalf of. Plaintiff/Mother was Bradley Griffie, Esquire. Present on behalf of Defendant/Father was Marcus McKnight, Esquire. This is a custody action between Plaintiff/Mother Marissa Lightner, and Defendant/Father George Seeger, Jr., concerning their child, Caedon, age 11, whose current custodial status is shared legal, with Mother being primary custodian. There is not a current CYS case investigation nor a Protection from Abuse Order involving the child. Father is seeking a shared custodial arrangement, while Mother seeks to maintain the status quo. Father shall proceed first with testimony, followed by Mother, and then Father's expected witnesses, and then Mother's expected witnesses. There are no experts listed for either side; however, the Court is cognizant that there is therapy ongoing with the child, and it is not the Court's intention to disrupt that therapy by calling those healthcare professionals. The Court shall appoint an advocate for the child who may call upon those healthcare professionals for input on how best to maximize the child's time with both parents. The child is not scheduled to testify, and shall not be at the courthouse during these proceedings absent further Court Order. The total time allotted to each party for examination and cross examination of all witnesses is 75 minutes. How they choose to use it is left to them, but additional time will not be given absent extraordinary circumstances. The Court notes that the appointment of an advocate for the child would be an extraordinary circumstance. There are no outstanding motions. Trial shall commence on the 15th of September, 2014, at 9:30 a.m. This order shall control the subsequent course of action unless modified at trial to prevent manifest injustice. Prior to each parent testifying at the trial they shall complete and obtain a certificate of completion from the uptoparents.org website. Thomas A. 4/ Bradley L. Griffie, Esquire 200 N. Hanover Street Carlisle, PA 17013 Marcus McKnight, Esquire 60 W. Pomfret Street Carlisle, PA 17013 :mae (245piks /747_:21`£cL 8p9py .n1 Macey C.P.J. MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. GEORGE E. SEEGER, JR., Defendant/Petitioner CIVIL ACTION - LAW NO. 2006-700 CIVIL TERM IN CUSTODY DEFENDANT'S MOTION FOR CONTINUANCE -n AND NOW, this 25th day of August 2014, comes the Defendant, GEORGE E. SEEGER, JR., by his attorneys, IRWIN & McKNIGHT, P.C., and makes the following Motion for Continuance: 1. The Plaintiff is Marissa Seeger, with an address of 10 East Locust Street, Enola, Cumberland County, Pennsylvania 17025 2. The Defendant is George E. Seeger, Jr., with an address of 5938 Pinedale Court, Harrisburg, Dauphin County, Pennsylvania 17111. 3. A Custody Hearing has been scheduled in this matter for Monday, September 15, 2014 at 9:30 a.m. A copy of the Order of Court is attached hereto and marked as Exhibit "A". 4. Due to the attorney for the Child, Grace D'Alo being out of town on vacation, the Defendant's counsel, Marcus A. McKnight, III, Esq., is requesting a continuance of the Custody Hearing. 2 5. Counsel for the Defendant is requesting that the Pretrial Conference be rescheduled. WHEREFORE, Marcus A. McKnight, III, Esq., counsel for Defendant, George E. Seeger, Jr. respectfully requests that the Custody Hearing scheduled for Monday, September 15, 2014 at 9:30 a.m. be rescheduled. By: Date: August 25, 2014 Respectfully submitted, IRWIN & McKNIGHT, P.C. Marc s-A-Mcknight, HT, 6B'West Pomfret Street arlisle, PA 17013 7-249-2353 Sup ern- ourt I.D. No: 25476 Attorney for the De en . ant, George E. Seeger, Jr. 3 MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2006-700 CIVIL TERM GEORGE E. SEEGER, JR., Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE I; Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Date: August 25, 2014 Grace D'Alo, Esquire 530 Greason Road Carlisle, PA 17015 IRWIN & McKNIGHT, P.C. By: Marcus A. McKni:ht, quire 60 Westmfret Stree Carlisle PA 17013 (717) 249,153 Supreme Court- . Nu. 2 4 Exhibit "A" MARISSA LIGHTNER •• IN THE COURT OF COMMON PLEAS OF (SEEGER), •• CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff •• THE NINTH JUDICIAL DISTRIC C.=> 70 mX7" V CIVIL ACTION - LAWM OD E c Il -r' GEORGE E. SEEGER, JR., 700-2006 CIVIL TERM0 Defendant IN CUSTODY c,o.<DC' �C, nc c)`;; 46-0 IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 18th day of August 2014, a pretrial conference was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse. Present on behalf of Plaintiff/Mother was Bradley Griffie, Esquire. Present on behalf of Defendant/Father was Marcus McKnight, Esquire. This is a custody action between Plaintiff/Mother Marissa Lightner, and Defendant/Father George Seeger, Jr., concerning their child, Caedon, age 11, whose current custodial status is shared legal, with Mother being primary custodian. There is not a current CYS case investigation nor a Protection from Abuse Order involving the child. Father is seeking a shared custodial arrangement, while Mother seeks to maintain the status quo. Father shall proceed first with testimony, followed by Mother, and then Father's expected witnesses, and then Mother's expected witnesses. There are no experts listed for either side; however, the Court is cognizant that there is therapy ongoing with the child, and it is not the Court's intention to disrupt that therapy by calling those healthcare professionals. The Court shall appoint an advocate for the child who may call upon those healthcare professionals for input on how best to maximize the child's time with both parents. The child is not scheduled to testify, and shall not be at the courthouse 4 during these proceedings absent further Court Order. The total time allotted to each party for examination and cross examination of all witnesses is 75 minutes. How they choose to use it is left to them, but additional time will not be given absent extraordinary circumstances. The Court notes that the appointment of an advocate for the child would be an extraordinary circumstance. There are no outstanding motions. Trial shall commence on the 15th of September, 2014, at 9:30 a.m. This order shall control the subsequent course of action unless modified at trial to prevent manifest injustice. Prior to each parent testifying at the trial they shall complete and obtain a certificate of completion from the uptoparents.org website. Bradley L. Griffie, Esquire 200 N. Hanover Street Carlisle, PA 17013 Maroe'`us McKnight, Esquire �W. Pomfret Street ✓'Carlisle, PA 17013 :mae •• Thomas A placey C.P.J. 60 tX-c-T tAlb TRUE COPYFROM RECORD In Testimony whereof, I here unto set my hand and these f said C at Carlisle, Pa. This , 20 y Profho #ary MARISSA SEEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW • NO. 2006-700 CIVIL TERM GEORGE E. SEEGER, JR, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 21 day of August, 2014, upon consideration of the attached Motion for Continuance filed by Marcus A. McKnight, III, of Irwin & McKnight, P.C., on behalf of the Defendant, Georgc E. Seeger, Jr., the Custody Hearing scheduled for Monday, September 15, 2014 at 9:30 a.m. at the Cumberland County Courthouse, Carlisle, PA 17013 is roschodu1e.4. ev(kcJ •Ii‘)L cut4Auci--- Lta,Lift_ Bradley Griffie, Esq. Attorney for Plaintiff Marcus A. McKnight, III, Esq. Attorney for Defendant s 1144.1tod qa? t 1 r) ,u_sctuuDA.,_& MARISSA LIGHTNER (SEEGER), Plaintiff v. GEORGE E. SEEGER, JR., Defendant Countp of Cumberianb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2006-0700 CIVIL TERM IN CUSTODY IN RE: CUSTODY TRIAL ORDER OF COURT AND NOW, this 12th day of September 2014, upon review of the Motion for Continuance that was granted on 27 August 2014, and upon agreement of counsel, the Custody trial is rescheduled for 12 November 2014 at 9:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania,. BY THE COURT, Thomas A. Placey Distribution: Bradley L Griffie, Esq. Marcus A. McKnight, Ill., Esq. Grace D'Alo, Esq. Copies delivered orPEP 15 2014 SEP 15 2014 Copies mailed on C.P.J. MARTSSA LIGHTNER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006-700 CIVIL ACTION - LAW GEORGE E. SEEGER, : IN CUSTODY Defendant/Respondent : ASSIGNED JUDGE: THOMAS A. PLACEY ORDER OF COURT AND, NOW, at the joint request of the parties, counsel for the parties and the Guardian ad Litem, the hearing presently scheduled for Wednesday, November 12, 2014, at 9:30 a.m. is continued to 14 ES hit the 30 day of March, 2015 at I! 3?) o'clock 19 . The hearing shall be held in Courtroom Number 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Marcus A. McKnight, III, Esquire Attorney for Defendant az A C4- E. GLJ mum AA A- id laTEnt •epsw.x.-4.1ea f?/0 Llt CD •1/4..0 r 1 MARISSA LIGHTNER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006-700 CIVIL ACTION - LAW GEORGE E. SEEGER, : IN CUSTODY Defendant/Respondent : ASSIGNED JUDGE: THOMAS A. PLACEY ORDER OF COURT Q4 AND NOW, this I V day of November, 2014, pending further hearing in this matter, and upon agreement of the parties, it is ORDERED and DIRECTED as follows: 1. The parties hereto, being Marissa Lightner, Plaintiff (hereinafter "Mother"), and George E. Seeger, Defendant (hereinafter "Father"), shall have shared legal custody of their child, Caedon R. Seeger, born May 1, 2003 (hereinafter "Child"). 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, medical, dental, religious, or school records, the residence address of the Child, and of the other parent. To the extent one party has possession of such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Mother shall have primary custody of the Child. 3. Father shall have periods of temporary or partial physical custody of the Child on the following schedule: A. During the school year, every other weekend, from Friday after school until the following Thursday when Father delivers the Child to school, or to Mother's custody at 8:00 a.m.; B. During the summer months of school vacation, every other weekend from Friday at 8:00 a.m. until the following Thursday at 8:00 a.m.; and C. At other times as the parties may agree. 4. For designated holidays, the parties shall follow the custody schedule set forth on Exhibit "A" attached hereto and incorporated herein. 5. During the summer vacation months, each party shall be entitled to two extended periods of vacation. Each party shall take their period of vacation during their regularly scheduled period of custody, but may extend their vacation to include a total period of nine days, to encompass an additional weekend of custody. These two weeks of summer vacation shall not be consecutive unless otherwise agreed upon by the parties. Each party shall provide the other party with no less than thirty days written notice of their intention to exercise each period of vacation as described herein. 6. In acknowledgement of the fact that the Child is engaged in counseling with Holy Spirit Behavioral. Health, both parties shall continue to see to the Child's counseling needs until such time as the Child's counselor has released the Child from further counseling. Each parent, likewise, shall engage with the counselor as the counselor requests. 7. The parties shall see that the Child is present for his extracurricular activities, including practices, games, recitals, and the like, such that if the parent in custody at the time of the activity cannot see that the Child is at his activity, the other parent must be given proper notice and be permitted to see that the Child is able to engage in his activities. 8. Each party shall immediately notify the other party of any change of address or change of telephone number. 9. The parties shall keep each other advised in the event of a serious illness or medical emergency 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, both parties shall have the right to visit the Child as often as he or she desires consistent with the proper medical care of the Child. 10. Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 11. No party shall be permitted to relocate the residence of the Child to significantly impair the ability of another person to exercise custody UNLESS every individual who has custody rights to the Child consents to the proposed relocation OR the Court approves the proposed relocations. A person proposing to relocate MUST comply with the notice requirements pursuant to 23 Pa. C.S.A. Section 5337(c). Thomas A. Placey, Judge Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Marcus A. McKnight, III, Esquire Attorney for Defendant Grace D'Alo, Esquire Guardian ad Litem waied ////1"/"( Holidays and Special Days Times Even Years Odd Years Easter Holiday From 8 p.m. on Sat Father Mother to 8:00 a.m. on Mon. Memorial Day Weekend From 4 p.m. on Fri Mother Father To 8:00 a.m. Tues. Independence Day From 8 a.m. until Mother Father 10 p.m. Labor Day Weekend From 4 p.m. Fri. until Father Mother 8 a.m. Tues. Halloween From one hour before Mother Father Trick or treating to one Hour after trick or treating Thanksgiving Holiday From 8 p.m. Wed until Father Mother 8:00 a.m. on Friday Christmas 1st Half From 12 p.m. on 12/24 Mother Father Until 12 p.m. 12/25 Christmas 2nd Half From 12 p.m. on 12/25 Father Mother Until 12 p.m. on 12/26 New Years From 6 p.m. on 12/31 until Mother Father 12 p.m. on 1/1 (with 12/31 Year to control the even/odd Determination) Mother's Day From 4 p.m. Fri until Mother Mother 8 a.m. Mon. Father's Day From 4 p.m. Fri until Father Father 8 a.m. Mon. AUTHORITY TO PAY COURT APPOINTED COUNSEL NOV 24 2014 '1.000RT 0 District Justice Common Pleas 0 Appellate 0 Other 2. VOUCHER N° 1 4 558 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE /6b-IS7Z!b-(ioWvv 6. IN THE CASE OF Se.e..0 Q_J . vs 7. CHARGE/OFFENSE (PUROON CITATION) 8. 0 PETTY OFFENSE 0 FELONY O MISDEMEANOR 9. PROCEEDIWGS ((`DDescrib �7 Y `briefly) I ` 11. PERSON REPRESENTED 1 ❑ Defendant - Adult 2 0 Defendant • Juvenile 3 0 Appellant 4 0 Appellee 5 0 Habeas Petitioner 6 0 Material Witness 7 0 Parolee Charged With Violation 8 0 Probationer Charged With Violation 9 0 Other. 12. CIVIL DOCKET NO. 006 - t7) C.l_J�J 13. CRIMINAL DOCKET NO. 10. PERSON y� R PRESENTED (Full Name) � C eo0 n Ser---3015.til., { • • 1 0 14. APPEALS DOCKET NO. Og / T./ 2/)d 1 Appt Date j ( 16. NAME OF ATTORNEY/PAYEE AND MAILINGcLc ADDRESS61. lo 5 5oN Cil��-✓ P ot5T 11.-\c7 mcg 4 • `p lG-cc2-71 NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE 17. TE EPHONE No. 1 ti D Z71(V0 18. SOCIALCURITY OREINNO 191 ?) CLAIM FOR SERVICES OR EXPENSES IN COURT fD SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour times total ' hours to obtain "In Court" com- Enter total below. • �=' _' ' r _{ -- C"3 ..0 . 7 (./)' 1 <- C b. b. Preliminary Hearing a Motions and Requestsr d. Bail Hearings_ e. Sentence Hearings f. Trial g. Revocation Hearings h. Juvenile Hearings i. Appeals Court 19>�.t 'TAL-I COURrt COMP. Q -"'. —I .0- f. i. Other (Specify on additional sheets) 4 • �` 'SC X $55 PER HOUR TOTAL HOURS = /OVA \�'� OUT OF o COURT a. Interviews and conferences Multiply rate per hour times total hours. Enter total "Out of Court" compensation below. b. Obtaining and reviewing records c. Legal research and brief writing d. Investigative and other work (Specify on additional sheets)�� 20A. TOTAL OUT OF COURT COMP. = $ 63 C1' v (34LO—* C�w'�-n TOTAL HOURS = 04. D. -.X $45 PER HOUR OTHER w ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Mileage $ per mile x Please contact Court Administrator for current mileage rate 21A TOTAL ITEMIZED EXP. _$ I 22. CERTIFICATION OF ATTORNEY/PAYEE Has compensation and/or reimbursement for work in this case previously been applied for? 45114.YES NO If yes. were you paid? 0 YES 0 NO If yes, by whom were you paid?—Peil How much? 23. GRAND TOTAL CLAIMED = $ 139 0-0 24. DEDUCT. PRIOR PYMTS. = $ Has the person represented paid any money to you, which you were appointed to provide repress I swear or affirm the truth or correctness or to your knowledge anyone else, in connection with the matter for n2r• ❑ VE §,.., give details on addi ion I sheets �M O - 25: NET AMOUNT CLAIMED = V $ /�7. 0-6 27. AMT. A • PROVED = $ of the above statements Signature of Atto sy/Payee Date 1��111 26.AaPnpv, D F011 PAYMENT Signature of ► ' Judge ',Date: v- LAN t I L Copy 1 - Mail to Court Administrator at completion of service Appointment by Thomas A. Placey August 18, 2014 August 20, 2014 August 26, 2014 September 3, 2014 September 4, 2014 September 9, 2014 September 11, 2014 September 11, 2014 October, 1, 2014 October 1-23 October 23, 2014 November 3, 2014 Nov. 3- 13 Nov. 21 Setting up file/review docs Conversations with counsel Call to mother Call to father Met with father Call McKnight Call to Mother Met with Mother Met with Caedon Talk to Griffie Talk with McKnight Calls and e-mail to both counsel E-mails Conference call Review of Griffie's letter/e-mail Talked to Caedon E-mails/negotiations Conversations with counsel Closing letter 1.3 1.0 .1 .2 1.0 .2 .2 2.0 2.0 .4 .3 .6 1.0 .5 .2 .5 .2 2.0 .5