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'l'ZN 1.. IZ~IUIAH, JIl.,
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':IN 'I'D COl",'Z' 0' CONNON Pr,V.S 0'
,CUHII.RLAND COUN'l'r, P.NNBrLVANrA
,
'NO. !17 - CIVZL - J994
,
,
,CIVZL AcrION - cusroDr
..
'tOIUU L. "mCll,
De/endant
corm'!' nDn_
AND NO", thi. HJ:i./.- day 01 'ebruary, J994, upon aon.ideration
01 the attaQhea Cu.to~Conailiation Report, it i. hereby ordered
and direated a. 10110".'
J. 'l'he Hother, '1011IIII1 ". Lynah', .hall have phydaal and legal
au.tody 01 Seth Bugene "ynah, born April 2, J99J.
1. 'I'he "ather, 'l'.iJII ". 'immerman, Jr., .hall ha"e period. ot
temporary phy.iaal au.tody 01 the minor ahild a. 10110".'
A. COIIIlIIenaing I'ebruary 5, J994, and lor the lollo"ing three
Saturday., rather .hall have temporary phy.iaal au.tody
"ith the minor ahild lor a period aL three hour.
bet"een the hour. 01 2 and 5 P.N. or at .uah other t.iJlle.
a. agreed upon by the partie..
B. 'or the lollo"ing lour Saturday., 'ather .hall have
temporary au.tody lor a period 01 Ii ve hour. bet"een
noon and 5 P.N. or at .uah other t.ime. a. agreed upon
by the partie..
C. 'or tha 10110"ing lour "eek., 'ather .hall have
tlllllporary au.tody lor a period 01 .even hour. tram
the t.iJlle bet"een JO A.N. and 5 P.N. or at .uah other
t.iJlle. a. agreed upon by the partie..
J. 'I'he partie. .hall ..et "ith the Cu.tody Conailiator on the
.-S..!!:.. day 01 Hay, J994, at ~: ~l\ A.H. at the 4th Iloor
CODlirenae Room, Cumberland aounty Courthou.e lor another
Cu.tody Conailiation Con/erenae.
sr mE COUR'l',
..
I ~ I ~~ ct.. ""H<......;
aa, 'ranae. B. D.1Duaa, B.quire
Carol Lind.ay, ..quire
TRUE COpy FROM RECORD
In Testimony wh'r:c:. I here V~l: Sft my hand
and the seal of said Court at Cariisle, Pa.
.-A -, . A
This qa.~",q.. day of ...:t'~'.., 19..'1..'+
.....:...............~~"p~ihon~r'-"...
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MAY 1 6 . cir~-
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'IN 'lHII COUR'l OF COMMON PLEAS OF
'CUMBERLAND COUN'lY, PENNSYLVANIA
,
'NO. 97 - CIVIL - 1994
,
,
'CIVIL ACTION - CUSTODY
TIN L. I1IUU1RHAN, .rR.,
pJa:tlltitl
TOJUfI L. LYNCH,
Defendant
COURT ORDllR
AND NOW, thia I~(t\ day of~, 1994, upon consideJ'ation
01 th. attach-;;r"'Cij'atody conaIII1fTciil--Report, it is ordered and
directed as follows'
1. A Hearing is acheduled in the Above oa.e on Friday, HAY 27,
1994, at 9,30 A.H. in Courtroom No.4 of the Cumberland County
Courthouse in CArlisle, Pennsylvania. At this Hearing, the
FAther, Tim L. Zinunerman, Jr., shall be deemed to be the moving
pArty and shall prooeed initially with testimony. Counsel tor
tha parties shall tile with the Court And opposing oounsel A
memorandum setting forth eAoh pArty's position on custody and
setting forth A list of eaoh witness thAt party ",i.11 call to
test,t.fy At the Hearing Along with II summary of the ",itnesses'
anticipated testimony. This memorandum shall be filed on or.
before Hay 23, 1994.
2. Pending fU.I'ther Order of this Court, it is directed thAt the
H(lth"r, Tonuni L. Lynch, and the FAttIer, Tim L. JUmmerman, ShAll
hAve shAred legal custody of Seth Eugene Lynch, born April 2,
1991. The Hothlllr shall retAin primary physical custody of the
minor child. The Father shall enjoy A period of temporAry
physiCAl custody with the minor child from Saturday, Hay 14,
1994, At 10 A.H. through SundAY, HAY 15, 1994, at !S P.H.
3. Hother is dJ.rected to provide to FAther ..ny and all medical a'ld
psychologioAl information pertAining to the child.
Furthermore, this Order shAll be deemed to be an
An Authorization for Any counselor or physioian for the child
to share with the FAther or the FAther's legal counsel all
informAtion perta,t.ning to thAt professional's deAlings ",ith the
child.
cc,v CArol ~indsAY, Esquire
Kei,th VeArmond, Esquil"s
BY THE COURT,
, )
/';( U !t'....,,,-
Judge 'Kev n A.
((. rlliJ
Hesll
TRUE COPY FROM RECORD
In Tes"mon~' whereof, I here unlo set my hand
Ind I I of said C al Carlisle PlI
Till '_day' of lo< lli'.,,4
1...'
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I .~S~an
'tIM L. IlHlaRHAN , JR., 'IN '1HIl COURT OF COHHON PLUS OF
Pl.inUlt 'CUMBERLAND COUNTY, PENNSYLVANIA
,
v 'NO. 97 ~ C1VIL - 1994
,
'l'ONHI I.. LYNCH, ,
Detendant ,CIVII, ACTION ~ CUSTODY
PRIOR JUDGB, JUDGE ICIlVIN A. HESS
CONCILIATION CONrBRlfNCIJ, SUHHARY _~
IN ACCORDANCB WITH CUMBBRLAND COUNTY RIILB OF CIVIL PROCBDURE
1915.3-8(bJ, the undersigned Custody ConciliAtor submit. the
tollowing report'
1. The pertinent illformAtion pertailling to tile child who is
the .ubject of this litigation is AS follows.
Seth Bugene Lynch, born April 2, 1991.
2. A ConciliAtion Conference WAS held on May 5, 1994, with
the tollowing individUAls in Attendance,
The FAther, Tim L. 'immermAn, Jr., with hin counsel,
Carol LindSAY, Bsquire, and the Mother, 'I'ommi L. Lynch,
who appeared wi th hfJr counsel, Kei th B. DeArmond, Baquil'e.
3. The parties were before the Conciliatol" in FebrUAry at which
time they reAched All interim agreement. Prior to February,
the FAther had limited aontact with the child. The agreement
provided for the Father to aee the child on every SAturdAY
for. number ot hours, with the time frame expAnding every
weekend.
4. At this time, the FAther feels that his contAct with the
child hAB gone well And he desiree to hAve a BtandArd type
of Bchedule whereby he BeeB the child from FridAY through
SundAY on Alternating weekendB Along with holidAYB and a
VAcation in the Bummer. The Mother expreBseB A number of
concernB. She indiCAtes the child iB in counBeling and 1s
having trouble BpeAking. She indicates the ch1ld iB Acting
out towardB her. Mother preBents no specific ev.idence to
indicate thllt the child's problemB Are in any W4Y relAted
to the Father. AppArently, BOnle of these problema existed
prior to the Father being reintroduced into the child's lite.
The Mother is reluctAnt to agree on overnights and extended
weekend custody with the FAther.
1 THI COURT. Now, do I under.tand that a
3 ..ttl..ent ha. b..n .ff.at.d in thie aa.e?
3 MR. PLOWllR. W. beliava .0, Your Honor.
" THB COURT. What we will do ill have one of
5 you r.a\te the t.rm. of it. And than I will find out from
6 av.ryon. wh.ther that'. the agr.eement. And lat.r on tod.y I
7 will h.v. it tran.aribad and reduaa it to tha form of .n
8 ord.r. But it will b. the ordar of oourt a. w. adjourn.
9 MR. PLOWllR. It i. agr.ed between the p.rtie.
10 th.t the partie. will have joint lagal cu.tody, with the
11 mother having primary phy.ioal cu.tody and the fath.r h.ving
13 partial phyeical au.tody, .peoifiaally on alternate
13 week.nd., from Prid.y at 5.00 p.m. to Sunday at 5.00 p.m.,
14 beginning thi. weekend, and alternating leg.l holJ.day. of
15 Thankegiving, New Year.' Day, Memorial Day, July 4th and
16 Labor Day, with Chrietmae one party h.ving the ohild from
17 Chri.tma. Eve at 5.00 p.m. to Chri.tma. Day at noon, and the
18 other party h.ving the ohild on chri.tma. Day from noon
19 until 8.00 p.m., a. thay .hall agr.e.
:2 0 THE COURT I Ae they ..hall agr...
:011 MR. PLOWER. Ye..
:2:2 THE COURt. And it h antioipated th.t tho.e
:23 p')riod. would alternate from yea..' to year or not
:24 n.o....rily?
25 MR. PLOWlR. Y...
3
1 Tal COURT. Okay. That'. .tandard.
2 HR. 'LOWlRI That the father would have the
3 ohild on 'ather'. Day, that the mother would have the ohUd
4 on Mother'. Day. And the father would have auoh additional
5 time with the ohild during the week aa the plaintiff'. and
6 deeendant'a achedules permit and oan be mutually agreed
7 upon.
8 Additionally, Your Honor, it ia antioipated
9 that in future yeara the father would have a aubatantial
10 period of visitation of pllrti,1l1 cuatody over the aUllllller.
11 W. would leave open for the purpoae of thia hearing the
12 iaaue of whether auoh a partial cuatody perio would apply
13 for thia year since thia i. a ne" arrangament and we are
14 ju.t beginning with overnight partial ouatody.
15 THE COURT. rine. Anything you want to .ay?
16 MR. DeARMOND I We concur with that, Your
17 Honor.
18 THE COURT. 'ine. Wa will have that
19 tran.oribed. And that will be tha order of court. Do I
20 underatand that tha cuatody begin. thia weekend?
21 MR. rLOWlR. Yea, Your Honor.
22 THE COURT. 'ine. And there ia a need to
23 maintain a telephone contact of aome type with the mother'.
24 aituation and .0 forth. And that'. arranged through a
25 neighbor?
3
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1 1IJl. ..LOWla, Y.., Your Ronor. We have
a ...ured oppo.ing coun..l th.t w. will provide him with the
3 number of the good friend of fath.r's gr.ndmother, .nd .he
. tak.. m....g.. for him. And w. have al.o a..ur.d him that
5 the f.ther will ill due courlle over thll next week or .0 get
6 th.t telephone in pl.oll.
7 THI COURT I Well, let m. oongr.tul.te both of
8 the p.rtie. for re80lving the matter, I know this i. .
9 diffioult .itu.tion. Apparently there h.. b.en .ome P8riod
10 of time where the f.ther hag not h.d cont.ot. I am .ur. the
11 relation.hip between the two par.nt. i. not a good one. But
1~ it ia absolutely critioal for thi. ohild that he grow up
13 knowing and loving both of you and that you love him more
1. than you di.like each other. And you have taken. .trong
15 .nd .ub.tantial atep toward. proving that thia morning. I
16 know it i. difficult, but I hope th.t you can oontinue to
17 put thi. ohild'. beat intere.t. fir.t. That will be the
18 order of oourt. And, again, we thank you for your ability
19 to reaolve the c....
~O Will you give M.. Lind8ay my condolenoe.?
~ 1 MR. FLOWlR I Thank YOI,l, lrour Honor, I wi 11 .
~~ THB COURT I Anything further?
~3 MR. PLOWlRI Y... Ther. wa. a contempt
a. citation requ..t8d here. I think it goe. without .aying
25 th.t we .re withdrawing that for the purpo.e of .tipul~tion.
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THI COl1aT I W. wU 1 <<l... it whh41'awn an4
(In4 of pl'oo..4ing..1
"
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1
'l'IN L. IIIHHIlRHAN, JR.,
Phinttft
v
I IN 'l'HfiI COURT (ll' COMMON PLEAS OF
ICIINlJERLAND COUNTY, PENNSYLVANIA
I
INO. 0097 - CIVIC. - 1994
I
I
ICIVII, AC7'lON - CUS7'ODY
'l'OHHI L. LYNCH,
DefendAnt
fX}NCll, I AT HHt,.cf}N1'liB/tltClLllUJUIAR r ,RBPOHT
IN ACCORDANCE WITH CUMBERI.ANI) COUNTY RilLE OF' CIVIL PHOCHDURE
1915.3-8(b), tile undersigrled Custody aonciliator submits the
fo11ow,ing report I
1. The pertinent information pertaining to the ahnd who is
the subject of this litigation is as follows,
Seth Eugene ,r.yncll, born April 2, 1991.
:J. A Conc,t1iAtion Conference was held on SeptemlJer 1, 1994, with
the following individuals in attendancel
CArol Lindsay, Esqu,ire, who appeared as counsel for the
Father, Tim I.. Zinunel'man, .lr., and the Mother, Tommi L.
Lynch, w,ith her counsel, William C. Vohs.
3. This is the third time tho case is before the Conciliator this
year. This is also the third lawyer that the Mother hAS
retained in this matter. Father complains through his
counsel that Mother has willfully disobeyed the Court Order and
refussd to give i'ather custody of the child when he would
appear for weekend custody. Father complains that his hAS
occurred on at least thz'aB occasions since the parties were
previously before Judge Hess on Ma,Y 27, 1994.
4. The Moth~r does not deny that she refused to give the
Father custody of the child in accordanoe with the Order.
However, Mother suggests that her refusal is based upon the
fact that the Father would not conununicate with her relative
to Activities of the child while the ohild was in the FAther's
custody and also her inability to be able to contact the
Father by telephone during the time the Ilather would have
custody of the child.
C:\'II'pJl"jJ\4iYOfc.\.u.a..rmaa n~
.
VI.
IN THE COURT OF COMMON PLEAS Of
CUMBERLAND COUNTY, PENN8YLVANIA
CIVIL ACTION - LAW
NO. 87 CIVIL, 1884
CUSTODY
TIM L. ZIMMERMAN, JR.,
Plllntlff
TOMMI L. LYNCH,
Defendlnt
MfM.O..BA.M2U.M
In accordanco with the Court's Order of May 16, 1994, Plaintiff herein sots forth his position
on custody arrangements for his son, Seth Eugene Lynch, born April 2, 1991:
1, Plaintiff desires to have alternate weekends of visitation from Friday at 5:00 o'clock
P.M. to Sunday at 5:00 o'clock P.M,
2. Plaintiff desires to alternate the legal holidays of Thanksgiving, New Years Day, Christmas,
Memorial Day, July 4th and Labor day. At Christmas one party shall have the child from Christmas
Eve at 5:00 p,m. to Christmas day at noon and the other party shall have the child on Christmas
Day from noon until 8:00 o'clock P.M.
3. Plaintiff shall have the child on Father's Day and Defendant shall have the child on
Mother'>> Day.
4. Plaintiff shall have additional time with the child during the week as Plalntiff'!l and
Defendant's scherjules permit and as can mutually be agreed upon.
5. Additionally, Plaintiff would pray this Honorable Court to order Defendant to pay the
reasonable attorney's fees of counsel for the Plaintiff In connection with the Petition for Contempt
which Plaintiff found it necessary to file on May 20, 1994 when Defendant violated the Court's Order
of May 16, 1994 which granted temporary physical custody of tho child to Plaintiff from Sat.urday
May 14, 1994 at 10:00 o'clock A.M. through Sunday May 15, 1994 at 5:00 o'clock P.M, Plaintiff
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TIM L. ZIMMERMAN, JR.,
Plllntl"
IN THE COURT Of' COMMON PLEAI 0'
CUMBERLAND COUNTY, PENN8YLVANIA
CIVIL ACTION. LAW
.
.
VI.
TOMMI L. LYNCH,
Defendlnt
NO. 87 CIVIL, 1984
IN CUSTODY
E.LA.J.NIJEESJJLQ.E..WJ.INf.S.E.S
Plaintiff, Tim L. Zimmerman, Jr., will present the following witness at the Hearing set lor
Friday, May 27, 1994, at 9:30 o'clock A.M. In Courtroom No.4 01 the Cumberland County
Courthouse In Carlisle, Pennsylvania: Mrs. Daisy M. Jumper, 530-917li, Plaintiff's mother, who will
testify as to PlaIntiff's ability to care lor his child.
Respectfully submitted,
FLOWER, MORGENTHAI., FLOWER & LINDSAY
Attorneys for Plaintiff
/'-..~
By: ((ztltt, . .:~,
I CaJ I J. L1ndiiy, Esquire
1.15. No, 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
DATE: M~ 19,1994.
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TIM L. ZIMMERMAN, JR.,
PI.lntltf\p.tltlon.r
VI.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 117 CIVIL, 111114
IN CUSTODY
TOMMI L. LYNCH,
D.,.nd.nt\R.lpOnd.nt
ffIl.TIO.NEOB...CQN~I
NOW COMES Tim L Zimmerman I Jr., Plaintiff above I by and through his ettorneys, Flower,
Morgenthal, Flower & Undsay and patltlons this Honorable Court all follows:
1. The parties are parents of a child, Seth Eugene Lynch, born April 2, 1991.
2. This Court, alter a custody conciliation conference, entered an Order on May 16, 1994.
According to paragraph 2 of the Order I Plaintiff was to enjoy II period of temporary physical custody
with the minor child from Saturday May 14, 1994 at 10:00 o'clock A.M. through Sunday May 15,
1994 at 5:00 o'clock P,M. A copy of said Order Is attached hereto as Exhibit "A",
3, In order to satisfy the Delendant, on May 14, 1994, Plaintiff permitted Defendant to
oxamlne his apartment. At that tlmel Defendant objected that the Plaintiff needed gates to secure
the stairs, She asked the Plaintiff to go to Hills Department Store to obtain two gates and that she
would have the child available to him upon his return, Plaintiff accommodated the Defendant,
purchased the gates, but when he returned the Plaintiff disappeared with the child end was gone
for the entire weekend,
4. Becau!le she Is resisting partial physical custody, a hearing In this case has been
scheduled for May 27, 1994 at 9:30 o'clock A.M. In Court Room NO.4 of the Court House at
Carlisle, Pennsylvania,
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TIN L. IIHHIlRHAN, JR.,
Pl.J.ntltt
v
'IN THE COURT OF CONHON PLEAS OF
,CUMBERLAND COUNTY, PENNSflNANIA
,
'NO. 97 ~ CIVIL - 1994
,
,
'CIVIL ACTION - CUSTODY
TONHI L. LYNCH,
Defendant
COURT P.Bl1llB
AND NOW, this ". day of February, 1994, upon oonsideration
of the attached Custody Conoiliation Ileport, it is hereby ordered
and directed as follows,
1. The Mother, Tonuni L. Ilynch, shall tlave physioal and legal
custody of Seth Eugene Lynch, born April 2, 1991.
2. The FAther, Tim L. Zinunerman, Jr., sha1.l hAve periods of
temporary physical custody of the minor ch,i1d as follows,
A. Conunencing February 5, 1994, and for the following three
SAturdays, Father shall have temporAry physiCAl custody
with the minor child for a period of three IIOUl'S
between the hourR of 2 and 5 P.M. or at such other times
as agreed upon by the parties.
B. For the following four Saturdays, Father shAll hAve
temporary custody for a period of f,i ve hours between
noon and 5 P.M. or at such other times AS Agreed upon
by the parties.
3.
C. For the following four weeks, Father shall have
temporary custody for a period of seven hours from
the time between 10 A.M. and 5 P.M. or at such other
times as agr~ed upon by the parties.
;h~~arties shall meet with the CUlltody Conciliator on the
h day of May, 1994, at :>> ji> fi. M. at the 4th floor
on erence Room, Cumberland County Courthouse for anoth~r
r.ustody ConciliAtion Conference.
ca,
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\
Franaes H. DelDuoa, Esquire I ' fD / /<1</
Carol Lind..y, Bsquire ,- C'''''''''''jJl,,,. ....~." ...... ,,:/.).~ '
/ ~ , J.{'
BY THE COURT,
/J ;CL
MAY 1 6 1>>4 II
v
, IN 'l'Hll COURT OF COMMON I'LEAS OF
,CUMBERLAND COUNTY, PENNSYLVANIA
I
INO. 97 - CIVIL - 1994
,
,
ICIVIL ACTION - CUSTODY
TIN L. IIHH8RHAN, JR.,
PlaintUI
'l'OMMI L. LYNCH,
D"fendAnt
COUR'J' ORDf:R
AND NOW, this i i.~ day of ''',., , 1994, upon oonsiderlltion
of the attAohed Custod,y conoil.i4t,ion Report, it iB ordered and
direoted aD fol,lowSI
1. A Hearing is scheduled in the above oase on Friday, MAY 27,
1994, At 9130 A.M. in Courtroom No.4 of the CumberlAnd County
Courthouse in CArlisle, Pennsylvania. At this Hear,ing, the
FAther, 'J'im L. Zimmerman, Jr., shall be deemed to be the moving
pArty and ShAll prooeed ini tially wi th testimony. Counsel foz'
the parties shAll file with tho Court and oppos,lng ooun8e1 /I
memorandum setting forth eaoh party's position on custody and
setting forth a list of eaoh witness thAt party will oAll to
testify at the Hearing along w,ith A summary of the witnflsses'
anticipated testimony. This memorandum shall be filed on or
before May 23, 1994.
2. Pending further Order of this Court, it is directed that the
Mother, TOfflnli L. Lynch, and the Father, Tim L. Zimmerman, shall
hAve shared legal custody of Set/l Eugene Lynch, born April 2,
1991. The Mother Bhall retain primary physical custody of the
minor cldld. The FAther shall enjoy a period of temporary
physioal custody with the minor child from Saturday, May 14,
1994, at 10 A.M. through Sunday, May 15, 1994, at 5 P.M.
3. Mother is directed to provide to Father 8ny and all mediCAl and
psychological information pertaining to the child.
Furthermora, this Order shall be deemed to be an
An AuthoriZAtion for Any counsolor or phys,ician for the child
to share wi th tIle Fathor or the "ather's legAl counsel All
informAtion pez.taining to that professiona,l' s dealings with the
child.
001
Carol
Keith
BY THE COURT,
/\ (~ ,! II
Judge ev in A. Hess
Lindsay, Esquire ) , . ~ (I
DeArmond, Esquire,) 5 / I (-rIf ' I t'(' J f' ~,I.'.,
. l'I"-
i.d!-I
l' 111 ')
TIN JJ. I1HH6RHAN, JR. , 'IN THE COUllT OF CONNON Pf,IlAS or
Pl.intilt ,CUHlIBRLAND COUNTlf, PBNNSYLVANIA
,
v 'NO. 97 - CIVIL - 1994
,
'l'ONN I L. LlfNCH, ,
Detendant 'CIVIL ACTION - CUSTODY
PRIOR JUDGE' JUDGE KEVIN A. HEBS
CONCILIATlJ}Jf. CONFBRBNCB BUHHARlf RBPORT
IN ACCORDANCE WITH CUMBERI.AND COUNTlf RUl,E OF CIVIL PllOCEDURIl
1915.3-8(b), the undel'signed Custody COlloiliator submits the
following report'
1. The pertinent information pertAining to the ohild who i.
the subjeot of this l,itigation is as follows,
Seth Eugene Lynoh, born April 2, 1991.
2. A ConoiliAtion Conforenoa WAS held on MAY 5, 1994, with
the following individUAls in Attendanoe,
'The FAther, Tim L. Zimmerman, Jr., with his oOl/nsel,
Carol Lindsay, Esqul,re, and the Mot.her, Tommi L. Lynch,
who appeared with her oounsel, Keith B. DeArmond, Esquire.
3. The pArties were before the Conoiliator in February at which
time they reAched an interim agreement. Prior to February,
the FAther had limited contaot with the ohild. The agreement
provided for tne FAther to see the child on every Saturday
for a number of hours, with the time frame expanding every
weekend.
4. At this time, the Father feels that his contact with the
child has gone well and he desires to have a standard type
of schedule whereby he sees the ohild from Friday through
SundAY on Alternating weekends along with holidays and a
VAcation in the summer. The Mothel" expresses A number of
conoerns. She indiCAtes the child is in counseling and is
having trouble speaking. She indiCAtes the child is Aoting
out towards her. Mother presents no specific evidence to
indiCAte that the child's problems are in Any way relAted
to the FAther. Apparently, some of these problems existed
prior to the Father being reintroduced into the child's life.
The Mother is reluotant to agree on overnights And extended
weekend custody with the Father.
1l:\wp'l\l:jl1i:lIilkxJ)I\....lWNlfmllpd fUc' 410.,93 (II
TIM L. ZIMMERMAN, JR.,
Plaintiff/Petitioner
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 94-0097 CIVIL, TERM
IN CUSTODY
TOMMI L. LYNCH,
Defendant/Re.pondent
e.EJ1TIO..N
NOW COMES Tim L. Zimmerman. Jr" Plaintiff above, by and through his attorneys, FLOWER,
MORGENTHAL, FLOWER & LINDSAY, and petitions this Honorable Court as follows:
1. The parties are parents of a child, Seth Eugene Lynch, born April 2. 1991,
2, On Moy 27, 1994, this Court entered an Order giving primary physical custody of the
child to Defendant, and partial cllstody to the Plaintiff/Petitioner, A copy of the Court's Order Is
attached hereto as Exhibit "A",
3, Since the entry of the Court's Order I Respondent has failed and refused on two
sUCcessive alternating weekends to provide custody 01 the child to the Petitioner pursuant to Court
Order, These weekends were the weekends of June 24th through 26th and July 8th through 11th,
4, Prior to the e,'try of the present Court Order, the Court entered an Order on May 16,
1994, alter a conciliation conference. A copy of the prior Order is attacheJ hereto as Exhibit "8",
According to paragraph 2 of the Order, Petitionor was to enjoy a period of temporary physical
custody with the child from Saturday. May 14, 1994 at 10:00 a,m. to Sunday, May 15, 1994 at 5:00
p,m,
5, Respondent failed and refused to provide physical custody of the chllo pursuant to the
Court's Order on May 14 and May 15, 1994.
MAY t 8 .. (I'"
'tIN L. IlHlaRHAN, JR.,
fJaintitl
IIN 'lHE COURT OF COMMON PLEAS OF
ICUHBERLAND COUNTY, PlmNSYLVANIA
I
INO. 97 .. CIVIL - 1994
I
I
ICIVIL ACTION - CUSTODY
v
'I'C1HHI L. LYNCH,
Defendant
COUR2' ORDlfR
AND NOW, thia J(~It. day of _~, 1994, upon conaid.I."lltion
ot the attach-:d'Ciiatady C~Report, it ia ordered and
dir.cted a. tollow.,
1. A HeAring i. schedul.d in tho above oa.e on Friday, HAY 27,
1994, at 9,30 A.H. in Courtroom No.4 ot the Cumberland County
Courthoua. in CArlisle, Pennsylvania. At thi. H.aring, the
'Ather, 'lim L. 'inunerman, Jr., shall b. deemed to be the moving
party and ahall proaeed initiAlly with te.timony. Coun.e,l tor
the parti.. .hall tile with the Court and oppoaing coun..l a
m.morandum setting torth eAoh party'. po.ition on ouatody and
..tting torth a li.t of eAoh witness thAt pArty will call to
teatity at the Hflaring along with A summary ot the witlle....'
Anticipat.d teatimony. This memorandum ahAIl be tiled on or
betor. Hay J3, 1994.
2. Pending turther Order of thia Court, it ia directed thAt the
Hother, Tommi L. Lynoh, and the FAther, Tin. L. .immerman, .hall
have ahared legal oustody of Seth Eugen. Lynch, born April 2,
1991. 'lh. Hoth.r ahAll retAin primary phyaioal custody at the
minor child. The FAth.r shall enjoy a period of temporary
phyaioal auatody with the minor child tram SAturday, Hay 14,
1994, at 10 A.H. through Sunday, Hay 15, 1994, at 5 P.H.
3. Hother i. direated to p,rovide to FAther any And all med,/.aAl and
payahologiaal information pertaining to the ahild.
Furthermor., thi. Order shall be deemed to be an
an Authori.ation tor any aounselor or phy.iaian tor the child
to ahare with the FAther or the Father'a legal coun.el all
informAtion pertAin ing to that profe..ional' a deAling" wi th the
ahild.
BY THE COURT,
j
/~ ~" t 1LA.~
Ju ge Xev n A.
(/, J>ll "-d
Hes"
ac,V Carol Lindaay, Ifaquire
Keith VeArmond, E.quire
TRUe COPY FROM RECORD
In T.s"mon~ wh.reof, I h.re unto set rnv hand
and I J 01 MId C al Carll", PJ. J.
Thl , da~ 01 (U;...1.!L I
EXHIBIT
\\-~ ,.
\:>-
v
,IN TNII COURT or CONNON PLUS 01'
,CUHlJIIRLAND COUNTY, PIINNSfLVANlA
,
,NO. 97 - CIVIL - 1994
,
,
,CIVIL ACfION - CUSTODY
TIH L, 'IHHfRHAN, JR.,
PJ.aJ.ntJ.t1
~
TONNI L. LYNCH,
Detendllnt
PRIOR JUDGB, JUDGE ICEVIN A. HESB
CONCILIATION ~ON"'1RllNCB BUHHAIU JUfJ>:Q8X
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL pROCEDUR.
191~ .3-8 (b), the undersigned Custody Conciliator lIubmit. the
lollowing report'
1. The pertinent informAtion pertAining to the child who is
the .ubject of this litigation io AS follows.
Seth Eug.ne Lynch, born April 2, 1991.
2. A Conciliation Conference WAS held on Hay 5, 1994, with
the tollowing individUAls in AttendAnce.
The Fath.r, Tim L. ZinunernlAn, Jr., with his oounllel,
Carol LindllAY, Esquire, and the Hother, Tammi L. Lynch,
who appear.d with her counsel, K.ith B. DeArmond, Esquir..
J. The partie. w.re before the ConciliAtor in February at which
time they reached an interim agreement. Prior to FebrUAry,
the Fath.r had limited contact with the child. The agre.m.nt
provided for the Father to se6 the child on .v.ry SlIturdllY
for a number of hours, with the time frame expanding ev.ry
week.nd.
4. At this time, the FAther feelll thAt his contact with the
ohild JIIIII gone ",ell and he desires to have a .tandard type
01 .oh.dule whereby he se.. the child from Friday through
Sunday on alt.rnating we.k.nds along with holidaya IInd a
vaoation in the .unun.z'. The Hoth.r .xpr..... a numb.r 01
oono.rn.. She indicat.s the ohild i. in ooun..ling and i.
having trouble sp.Aking. She indioAtes the ohild is act.ing
out toward. h.r. Hoth.r pr...ne. no sp.cif,ic .videnc. to
indicat. that the child'lI probl.ms are in any WilY r.lat.d
to the 'ath.r. Apparently, some of th..e probl.m. .xi.t.d
prior to the FAth.r being r.introduced into the child'. lif..
The Hother is reluctant to agr.. on overnights IInd ext.nd.d
w..kend custody with the Fath.r.
,
,I,
"l
fIN L. I1NH1RHAN, .m.,
JlllJ.nt.t1t
v
I1N 'IN. COUR'l or CONNON PLUS 0'
,CUNBBRLAND COUN'l'f, PIJNNSfLVANlA
,
'NO. 97 - CIVIL - J994
,
,
'CIVIL ACTION - CUSTODf
..
TONHI L. LYNCH,
Detendlnt
COUR2' O~
AND NOW, this lS1h, dAY of February, J994, upon consideration
ot the attached Custody ConciliAtion Report, it is hereby ordered
and direoted as follows I
3.
J. rhe Mother, rommi L. Lynch, shall hAve physical And legAl
oustody at Seth Eugene Lynch, born April 2, 199J.
2. The FAther, rim L. Zimmerman, Jr., shall have periods of
temporAry physical custody of the minor ohild AS follows,
A. Commencing February 5, 1994, And for the following three
SAturdays, Father shall have temporAry physiCAl oustody
with the minor child for A period of three hours
between the houcs of 2 And 5 P.M. or At suoh other times
es Agz'eed upon by the pArties.
B. ror the following tour SAturdAYS, Father shall have
temporAry custody for A period of five hours between
noon and 5 P.M. or At such other times as agreed upon
by the puti.u.
C. For the following four weeks, FAther shAll heve
temporAry custody for A period of seven hours from
the time between 10 A.M. And 5 P.M. or At such other
times AS Agreed upon b,}' the pArties.
2'he perties shall meet with the Custody Conciliator on the
~ dAY of May, J994, At I!' ~() RM. at the 4th floor
con1irenoe Room, Cumberland County Courthouse for another
Custody ConoiliAtion Conferenae.
Bf THE COURT,
I'<.J
-M \ '';'v d.. }.I'-'W.)
-
aa, rrlnoes H. DelDuca, Esquire
Carol Lindsay, Esquire
EXHIBIT
'u" t..
TRUE COpy FR0M RECORD
In Te~t.m0ny ,:It r,,", Iii," "."1< 5(t Iry hand
and the seal of said (ourt at C",.i'\k. Pa,
Thl5 d.;!-M day of ~5F-d" . 19 (/"+
,~I ,I; (' .:)'
.......,.........."'~l,\~J:. (. {)~,~'-'....
, "z. ' Pro'hono'ar~
if'
'l'1N L. IINNBIlNAN, JR., 'IN 'lH. COUR'l' 0,. CONNON PJ.,IJAS 0,.
PlaJ.ntUt ,CUHBERLAND COUN'l'Y, PBNNSYLVANIA
,
v 'NO. 97 - CIVI'/. - 1994
. ,
'fONNI L. LYNCH, ,
Detendant ,CIV.lL ACTION - CUSTODY
CONC~'LIA'l.'ION CONI'1IRlINCll BUllN4RY RBPOR'l.'
IN ACCORDANCE filTH CUHBERI.AND COUNTY RULB Oli' CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
tollowing repor.tl
1. The pertinent intormation pertAining to the child who J.s
the subject at this litigation is a8 followSI
Seth Eugene born April 2, 1991.
2. A Conciliation Conference WAS held on FebrUAry 3, 1994,
with the tollowing individUAls J.n Attendancel
'l'he Father, 'l.'im L. Zimmerman, Jr., who Appeared with
his counsel, Carol Lindsay, Esquire, And the Mother,
'l'ommJ. L. Lynch, who appeared with her counsel, Franae.
H. DelDuoa, Esquire.
3. 'l.'he parties agreed to the entry of An Order in the form
a. attaohed.
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