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HomeMy WebLinkAbout02-1322BRANDON A. GILBERT, RANDALL A. GILBERT AND SHARON E. GILBERT Plaintiffs V. MELANIE GROVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW COMPLAINT IN CUSTODY EMERGENCY COMPLAINT IN CUSTODY AND NOW, this __ day of ~ 2002 come the Plaintiffs, by and through their attorney, Melissa L. Van Eck, Esquire, and the law rum of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Emergency Complaint in Custody of which the following is a statement: 1. The Plaintiff, Brandon A. Gilbert, is an adult individual residing at PSC 41 Box 5651, APO AE, Lakenheath, England, 09464. 2. The Plaintiff, Randall A. Gilbert, is an adult individual residing at 1216 Rimer Highway, Shippensburg, Pennsylvania, 17257. 3. The Plaintiff, Sharon E. Gilbert, is an adult individual residing at 1216 Rimer Highway, Shippensburg, Pennsylvania, 17257. 4. The Defendant, Melanie Grove, is an adult individual residing at P.O. Box 144, 1000 Enola Road, Newburg, Pennsylvania, 17240. 5. Plaintiffs seek primary physical custody and shared legal custody of the following children: Document #: 229811.1 SalTle Abbigail Marie Gilbert Present Address PO Box 144 1000 Enola Road Newburg, PA 17240 Date of Birth March 23, 1998 Adrian Nicole Gilbert PO Box 144 February 25, 2000 1000 Enola Road Newburg, PA 17240 Plaintiff, Brandon A. Gilbert, and Defendant are the natural parents of the above-mentioned minor children. The children were not bom out-of-wedlock. The children are presently in the custody of Defendant who resides at PO Box 144, 1000 Enola Road, Newburg, Pennsylvania, 17240. Since birth, the children have resided with the following persons at the following addresses: Name Address Date Abbigail Made Gilbert (Melanie Grove [Mom] and grandparems and 3 aunts) Abbigail Made Gilbert (Melanie Grove [Mom] and Brandon A. Gilbert [Dad]) Abbigail Made Gilbert Adrian Nicole Gilbert Melanie Grove [Mom] and Brandon A. Gilbert [Dad]) Abbigail Made Gilbert Adiran Nicole Gilbert (Melanie Grove [Mom] grandparents and 3 aunts) PO Box 144 1000 Enola Road Newburg, PA 17240 Birth - June 2000 England June 2000 - 2/25/2000 England 02/25/2000 - 5/15/2000 PO Box 144 1000 Enola Road Newburg, PA 17240 05/15/2000 - 12/2000 Document #: 229811.1 Abbigail Marie Gilbert Adiran Nicole Gilbert (Melanie Grove [Mom] and boyfriend) Abbigail Marie Gilbert Adiran Nicole Gilbert (Melanie Grove [Mom] grandparents and 3 aunts) Middle Spring Road Shippensburg, PA 12/2000 - 11/2001 PO Box 144 1000 Enola Road Newburg, PA 17240 11/2001 - present The father of the children is Plaintiff, Brandon A. Gilbert, who resides at PSC 41 Box 5651, APO AE, Lakenheath, England, 09464. The mother of the children is Defendant, Melanie Grove, who resides at PO Box 144, 1000 Enola Road, Newburg, Pennsylvania, 17240. 6. The relationship of Plaintiff, Brandon A. Gilbert, to the children is that of natural father. The Plaintiff, Brandon A. Gilbert, resides with the following persons: Himself. 7. The relationship of Plaintiff, Randall A. Gilbert and Sharon E. Gilbert, to the children is that of natural paternal grandparents. 8. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Herself, maternal grandparents and 3 aunts. 9. Plaintiffs have not participated as a party or wimess, or in any other capacity in any other litigation conceming the custody of the children in this or another Court. Plaintiffs have no information of a custody proceeding concerning the children pending in a Court of Law of this Commonwealth. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation with respect to the children. Document #: 229811.1 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: ho jo Plaintiffs are in the best position, both financially and emotionally, to provide stability and custody for the minor children; Plaintiffs are in the best position to provide a stable, responsible environment for the raising of the minor children; Plaintiffs are more stable, more capable of providing the proper parental care, and can better provide for the physical and emotional needs of the minor children; Plaintiffs, Randall A. Gilbert and Sharon E. Gilbert, have been exercising regular visitation of the minor children. Plaintiffs believe, and therefore aver that Defendant's paramour, Robert J. Becket, is physically and sexually abusing the minor children; Plaintiffs have requested that Defendant's paramour not be permitted to visit with the children because of the allegations of abuse. Defendant has failed to protect the children or to prohibit her paramour visiting with the children. It is believed and therefore averred that the children have suffered various injuries while in the care of Defendant, Melanie Grove. The children were treated at Shippensburg Family Practice on March 16, 2002, by Dr. Beta; Dr. Beta's examination resulted in a request that these allegations be investigated further by the Cumberland County Children and Youth Services; and The abuse has been documented by Plaintiffs parents through photographs, a journal, and a video tape. The children are currently staying with the Plaintiffs, Randall A. Gilbert and Sharon E. Gilbert, and it is believed that irreparable harm will be inflicted upon the children if they are returned to the Defendant. Document #: 229811.1 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 12. Plaintffs believe, and therefore aver, that the best interest of the children would be served by granting them temporary physical custody until a hearing may be scheduled. WHEREFORE, the Plaintiffs request the Court to grant them temporary primary physical and legal custody of the children, with supervised visitation rights to Defendant, Melanie Grove, and Defendant's paramour, Robert J. Becker, should be prohibited from visiting with the children, until a custody hearing may be scheduled. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: March 18, 2002 Document #: 229811.1 VERIFICATION I, Melissa L. Van Eck, hereby certify that the facts set forth in the foregoing Emergency Complaint In Custody are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Melissa L. Van Eck, Esquire Date: March 18, 2002 Document #: 229811.1 CERTIFICATE OF SERVICE AND NOW, this __ day of March, 2002, I, Melissa L. Van Eck, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served a copy of the within Emergency Complaint in Custody this day by first class and certified mail by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: and via hand delivery for review to: Melanie Grove PO Box 144 1000 Enola Road Newburg, PA 17240 Defendant Court of Common Pleas Cumberland County One Courthouse Sq~are Carlisle, Pennsylvania 17013-3387 March 18, 2002 METZGER, WICKERSHAM, KNAUSS & ERB By: Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Document #: 229811.1 BRANDON A. GILBERT,: RANDALL A. GILBERT,: and SHARON E. : GILBERT, : Plaintiffs : V. : MELANIE GROVE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1322 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of March, 2002, upon consideration of Plaintiffs' Emergency Complaint in Custody, a hearing is scheduled for Wednesday, April 3, 2002, at 11:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE CHILDREN shall not be permitted in the presence of Robert J. Becker in the interim. Melissa L.Van Eck, Esq. P.O. Box 5300 Harrisburg, PA 17110-0300 Attomey for Plaintiffs BY THE COURT, Melanie Grove P.O. Box 144 1000 Enola Road Newburg, PA 17240 Defendant, Pro Se :rc Pro/honok~y Term, 19 __ -- blo.~ -- -- vs. Filed PRAECIPE ., Atty. BRANDON A. GILBERT, RANDALL A. GILBERT, and SHARON E. GILBERT, Plaintiffs MELANIE GROVE, Defendant IN RE: PLAINTIFFS' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1322 CIVIL TERM EMERGENCY COMPLAINT IN CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 4th day of April, 2002, upon consideration of Plaintiffs' Emergency Complaint in Custody, which will be regarded for purposes of this order as a petition for special relief and a custody complaint, with respect to Abbigail Marie Gilbert (d.o.b. March 23, 1998) and Adrian Nicole Gilbert (d.o.b. February 25, 2000), children of Plaintiff Brandon A. Gilbert and Defendant Melanie Grove, and following a hearing held on April 3, 2002, it is ordered and directed as follows: 1. The issue of permanent custody is referred, in the first instance, to the custody conciliation process, and the court administrator is requested to facilitate this referral through entry of the usual order for a prehearing custody conference; 2. Pending the custody conciliation conference and further order of court a. Legal custody of the children shall be shared by the parties; b. Primary physical custody of the children shall be in Defendant, the mother; VlNV^"IASNN':qcl Ai::N'.LONOI-!J.'3,~ EH.L 40 c. In addition to the custodial period provided for from April 3, 2002, to April 8, 2002, in the order of court entered at the conclusion of the hearing on April 3, 2002, temporary or partial physical custody of the children shall be in Plaintiffs, the father and paternal grandparents, on three consecutive weekends out of four, commencing on Friday at 6:00 p.m. and ending on Sunday at 6:00 p.m. d. The children shall not be permitted to be in the presence of Robert J. Becker. Melissa L. Van Eck, Esq. P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs Sally Winder, Esq. 701 E. King Street Shippensburg, PA 17257 Attorney for Defendant BY THE COURT, BRAN]DON A. GILBERT, RANDALL A. GILBERT and SHARON E. GILBERT, Plaintiffs V. MELANIE GROVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : EMERGENCY COMPLAINT IN CUSTODY : 02-1322 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of April, 2002, upon consideration of Plaintiff's Emergency Complaint in Custody, and following a hearing in the nature of a hearing on a petition for special relief, the record is declared closed and the matter is taken under advisement. Pending further order of Court, the order of Court dated March 18, 2002, shall remain in full force and effect. Commencing immediately, temporary or partial physical custody of the children involved in this case shall be in the father, Brandon A. Gilbert, until Monday, April 8, 2002, at 3:00 p.m., at which time custody shall revert to the mother, Melanie Grove. In this regard, there will be no prohibition on overnight custody. It is noted that the father is on duty leave from his station in England at this time and will be returning to England on April 8, 2002. Melissa L. Van Eck, Esquire P.O. Box 5300 Harrisburg, PA 17110-0300 For the Plaintiffs Sally J. Winder, Esquire 701 East King Street Shippensburg, PA 17257 For the Defendant By the Court, ' Wesle~r, pcb BRANDON A. GILBERT, RANDALL A. GILBERT AND SHARON E. GILBERT PLAINTIFF MELANIE GROVE DEFENDANT : 02-1322 IN CUSTODY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Wednesday, May 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, Ma}, 23, 2002 at 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esa. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 05/08/2002 10:18 FAX 7172349478 MWK&E HGB PA 002 BRANDON A. GILBERT,: RANDALL A, GILBERT,: and SHARON E. : GILBERT, : Plaintiffs : -. .. MELANIE (}ROVE, : Defendant : IN THE COURT OF COMMON PLE&S OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1322 CIVIL TERM 1N RE: PLAINTIFFS' EMERGENCY COMPLAINT IN' CUSTODY BEFORE OLER, J. [ ORDER OF COURT AND NOW, this 4'h day of April, 2002, upon consideration or' Plaintiffs' Emergency Complaint in Custody, which will be regarded tbr purposes of this order as a petition for special relief and a custody complaint, wi~ respect to Abbigail Marie Gilbert (d.o.b. March 23, 1998) and Adri.an Nicole G~lbert (d.o.b. February 25, 2000), children of Plaintiff Brandon A. Gilbert an~ Defendant Melanie Grove, and following a hearing held on April 3, 2002, it is ordered and directed as follows: 1. The issue of permanent custody is referred, in the first instance, to the custody conciliation process, and the court .... administrator is requested to facilitate this referral through entry of the usual order for a preheating custody conference; 2. Pending the custody conciliation conference and further order of court a. Legal custody of the children shall be shared by lhe parties; b. Primary physical custody of the children shall be in Defendant, the mother; 05/08/2002 10:18 FAX 7172349478 I~&E HGB PA [~] 003 c. In addition to the custodial period provided for from April 3, 2002, to April 8, 2002, in the order of court entered at the conclusion of the hearing on April 3, 2002, temporary or partial physical custody of the children shall be in Plaintiffs, the father and paternal grandparents, on three consecutive weekends out of four, cormneneing on Friday at 6:00 p.m. and ending on Sund. ay at 6:00 p.m. d. The children shall not be permitted to be iu the presence of Robert J. Becket. BY THE COURT, d 1//:,//7 i/A./,-,C,/_~ C,'Z..-/ . Melissa L. Van Eck, Esq. Box 5300 arrisburg, PA 17110-0300 Attorney for Plaintiffs Sally Winder, Esq. 701 E- King Street ....... -Shippensburg, PA 17257 Attorney for Defendant 0S/08/2002 10:18 FAX 7172349478 II~K&E HGB PA ~001 FACSIMILE TRANSMITTAL SHEET DATE: TO: Name: Title: Company/Firm: Phone No.; Fax No. FROM: May 8, 2002 Melissa Cavenelli Cumberland Co. Court Administrator's Office 240-6460 Melissa L. Van Ecl(., Esquire SINCE 188~ 3211 Norl~, Front EO. Box 5300 l-~trisl:~rg, PA 17110-0300 717-238-8187 F~x: 717-234-9478 Colonial Park Med~aniesb~r§ 717-652-7020 TI 7-691-5577 Millersbu rg shippensburg 717-692-5S10 T17-530-7515 Case: Gilbert v. G-rove Our File No.: 86-134 Your Dockel No.: 02-1322 NO. OF PAGES (INCLUDING ]'HIS PAOE): 3 HARD COPY TO FOLLOW: YES X NO SENDER COMMENTS: Following is a copy of the Order dated April 4, 2002, indicating that your office would list this matter for Conciliation. Thank you for your assistance in this matter. CONFIDENTIALITY Th~ me.~¢ Lt inl~ndad ,){fl¥ for Ib~ ~ Of B~ hldivid~ or e. flli!.v ~o wll}~l k is a(ldr~ a~ld may contain {Bfom~afion ~! is pdvl}~cd, ~ng~ ~ rt, cm~ ~m dlselo~ur~ und=rlp, pliosbls law lf~ r~/~t of this me,~age is not ibc intmdcd t~cipicnt, you ate hot,by nolifie, d O~ any disscrninafion, dlmib~ion or copying of~is communle, al'lon is slgc~ pmh~i~d. If you h=vc r~ived communic~gvn in ~rror, pie ~e notify us immedi~ly by t~lephonc ~ (? 17) 23~81 ~7, and ~:~am the odEinsl ~o us al thc above addr~ via ~hc U.S. Pos,al Servicc. Thank you. Document #: 233827. I jamC. s F. Carl Edwarcl 'PL ICna'u.~t, IV" Jemd L. Hock )Cad R. Hildabrand' Steven 1~, Miner Clark D~Vem E. Ralph God/xey Steven C, Courtney Fra~cl~ j'. Laffert~, IV David H. M~rtineau Andrew W. Norfleet Me_J~na L V0.O, T~c.k Andrew C, Spe.-~ Young-$uh ~ la~ and BRANDON A., RANDALL A. and SHARON E. GILBERT, Plaintiffs VS. MELANIE GROVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1322 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ [~ day of .~ ~ ~ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 4, 2002 is vacated and replaced with this Order. 2. The parties shall submit themselves, the minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain an assessment concerning allegations of physical and sexual abuse of the Children and professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the Children or any adults participating in the evaluation. The parents shall be responsible to pay the costs of any sessions in which they or their own family members (or unrelated significant others) participate and shall equally share the costs of any sessions in which the Children are solely involved as well as costs associated with the preparation of recommendations and obtaining background infomiation. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties: a. The parties shall share having legal custody of the Children; b. The Mother shall have primary physical custody of the Children; c. The Father and the Paternal Grandparents shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m., beginning Friday, May 31, 2002; d. The Father shall have additional periods of custody with the Children when he returns from England with the specific times to be arranged between the Father and the Mother. e. The Children shall not be permitted to be in the presence of Robert J. Becket. 4. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 5. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for any party may contact the Conciliator to schedule an additional Custody Conciliation Conference in the event that all custody issues have not been resolved by agreement. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J~Wesley Oler~., ' Jo cc.¢;~/l_elissa L. VanEck, Esquire - Counsel for Plaintiffs Winder, Esquire - Counsel for Mother BRANDON A., RANDALL A. and SHARON E. GILBERT, Plaintiffs VS. MELANIE GROVE, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1322 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCII,IATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: .NAME Abbigail Marie Gilbert Adrian Nicole Gilbert DATE OF BIRTH March 23, 1998 February 25, 2000 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held on May 29, 2002, with the following individuals in attendance: The Father, Brandon A. Gilbert and his parents, Randall and Sharon Gilbert, with their counsel, Melissa L. VanEck, Esquire, and the Mother, Melanie Grove, with her counsel, Sally Winder, Esquire. The Father, who is serving in the Air Force and is stationed in England, participated in the Conference by telephone. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the provision prohibiting contact between the Children and Robert Becker, which is the recommendation of the Conciliator over the Mother's objection. This Court previously entered an Order after an Emergency Hearing on April 3, 2002, which included a provision prohibiting contact with Robert Becker based on allegations of abuse. As no additional information was presented at the Conference which had not already been considered by the Court in issuing the April 3, 2002 Order, the Conciliator did not feel it was appropriate to recommend deletion of the provision pending the custody evaluation. The Mother's counsel indicated that she may seek reconsideration by the Court on this issue. Date Custody Conciliator BRANDON A., RANDALL A. and SHARON E. GILBERT, Plaintiffs VS. MELANIE GROVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1322 CIVIL ACTION LAW IN CUSTODY ,ORDER OF COURT AND NOW, this ['1 ~l~ day of [~ ~ ~-/~ , 2003, upon consideration of the attached Cfisto'dy Conciliation ~,eport~ it-is ordered and directed as follows: 1. The prior Order of this Court dated June 6, 2002, is vacated and replaced with this Order. 2. The parties shall share having legal custody of Abbigail Marie Gilbert, born March 23, 1998, and Adrian Nieole Gilbert, born February 25, 2000. 3. The Mother shall have primary physical custody of the children. 4. The Father shall have periods of partial custody with the children at any time he returns from England with the specific times and dates to be arranged between the parties. 5. The paternal grandparents shall have partial physical custody of the children on alternating weekends from Friday at 6:00 pm through Sunday at 6:00 pm. 6. The Mother shall have custody of the children on all holiday and birthdays, unless otherwise agreed. The parties shall cooperate in rescheduling any periods of partial custody missed by the paternal grandparents due to holidays or birthdays. 7. The paternal grandparents' period of partial custody, which was to take place on the weekend beginning March 21, 2003, is rescheduled to the weekend beginning on March 28, 2003, to enable the Mother to have custody on Abhigail's birthday. 8. In accordance with Dr. Shienvold's recommendation, the Mother shall make arrangements to have the children examined by their regular physician on a monthly basis for twelve consecutive appointments. The Mother shall provide the physician's examination notes or other documentation provided by the physician concerning the monthly check-ups to the paternal grandparents. 9. The Mother shall participate in a course of anger management counseling and parenting classes to commence promptly. 10. Until such time as the requirements of the following provision have been satisfied, the children shall not be permitted to be in the presence of Robert Becker. 11. Contact between Robert Becker and the Children may resume at such time that Robert Becker (1) completes an alcohol evaluation (3 session minimum) and provides documentation of completion and recommendations to the Plaintiffs and (2) participates on an on going basis in anger management counseling and parenting classes and provides documentation thereof to the Plaintiffs. 12. The mother shall make arrangements for Abbigail to have an ADHD evaluation at Hershey Medical Center. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J.~l~sley Oler, J .,lt~ ~ Jo cc: Melissa L. Van Eck, Esquire - Counsel for Plaintiffs Sally Winder, Esquire - Counsel for Mother BRANDON A., RANDALL A. and : SHARON E. GILBERT, Plaintiffs : : vs. : 02-1322 IN CUSTODY MELANIE GROVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Abbigail Marie Gilbert Adrian Nicole Gilbert March 23, 1998 February 25, 2000 Mother Mother 2. A Conciliation Conference was held on March 10, 2003, with the following individuals in attendance: The paternal grandparents, Randall and Sharon Gilbert, with their counsel, Melissa L. Van Eck, Esquire, and the Mother, Melanie Grove, with her counsel, Sally Winder, Esquire. The Father, Brandon A. Gilbert, who is serving in the Air Force and currently stationed in England, was unable to attend the conference but was represented by his counsel, Melissa L. Van Eck, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator