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HomeMy WebLinkAbout02-3681PATRICIA LYNN CASSEL Plaintiff VS. DAVID MARK CASSEL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 09,-- ~'~'/ CML TERM CIVIL ACTION-LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Patricia Lynn Cassel, residing at 924 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is David Mark Cassel, residing at 104 South 36m Street, Camp Hill, Cumberland County, Pennsylvania. Name Kristen Marie Cassel Katelyn Michelle Cassel Coudney Elizabeth Cassel The Plaintiff seeks custody of the following children: Present Residence A.qe 924 Allenview Drive, Mechanicsburg, PA 16 years 924 Allenview Drive, Mechanicsburg, PA 8 years 924 Allenview Drive, Mechanicsburg, PA 6 years Kristen Marie was born on October 31, 1985. Katelyn Michelle was born on November 17, 1993. Coudney Elizabeth was born on January 26, 1996. They are presently in the custody of Patricia Lynn Cassel who resides at 924 Allenview Drive, Mechanicsburg, Pennsylvania. During the children's lifetimes, they have resided with the following persons and at the following addresses: o Name Patricia Lynn Cassel David Mark Cassel Patricia Lynn Cassel Patricia Lynn Cassel Patricia Lynn Cassel Address 401 Mt. Allen Drive Mechanicsburg, PA 17055 401 Mt. Allen Drive Mechanicsburg, PA 17055 891 Hawthorn Avenue Mechanicsburg, PA 17055 924 Allenview Drive Mechanicsburg, PA 17055 Date Birth - December 1997 December 1997 - February 1999 February 1999 - January 2000 January 2000 - Present The mother of the children is Patricia Lynn Cassel, currently residing at 924 Allenview Drive, Mechanicsburg, Pennsylvania. She is not married. The father of the children is David Mark Cassel currently residing at 104 South 36th Street, Camp Hill, Pennsylvania. He is not married. 4. The relationship of Plaintiff to the children is that of Mother. 5. The relationship of Defendant to the children is that of Father. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 7. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The Plaintiff does 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 rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The mother has been the primary caregiver of the children from their bidh. She has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the children 3.) purchased, cleaned and cared for the children's clothing 4.) arranged medical care, including nursing and trips to physicians, dentists, and orthodontist 5.) arranged alternative daycare 6.) put the children to bed nightly, attended the children ~n the middle of the night, awaken the children in the morning 7.) provided or arranged for all of the children's transpodation needs 8.) padicipated in and attended church and school activities, including help with homeworkl reading, projects, and classroom and field trip assistance 9.) registered, funded, participated in, and attended sports practices and games, and other extra-curricular and social activities b. The children have a psychological bond with Mother; c. Since December 1997, the mother has had continuous contact with the children; d. Mother has been extremely accommodating to Father's work schedule and has remained flexible to allow his visitation; e. Mother continues to provide a stable environment for the children; f. Father has repeatedly been uncooperative in reaching agreements regarding the custody of the children and other issues involving their relationship; 10. Each parent whose parental rights fo the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Coud grant her primary physical custody of their children. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: 0"/ Kara W. Haggerty, E~s~e (~ I.D. #86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Patricia Lynn Cassel, hereby verify that the facts set forth in the foregoing Custody Complaint are 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 unswom falsification to authorities. Date: ~/~2_ Patricia Lynn Cassel v PATRICIA LYNN CASSEL : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA : vs. : NO. CIVIL TERM : DAVID MARK CASSEL : Defendant : CML ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this 1st day of August, 2002, I, Kara Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint upon the Defendant by depositing, or causing to be deposited, same in the U.S. certified mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: ~d Mail: David Mark Cassel 104 South 36th Street Camp Hill, PA 17011 Attorney ID# 86914 PATRICIA LYiN3q CASSEL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3681 CIVIL ACTION LAW DAVID MARK CASSEL DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, C;,mherland County Courthouse, Carlisle on Tu~gday, August 27, 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/ Jacaueline M. Vernev. 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 PATRICIA LYNN CASSEL, Plaintiff V= DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ,, . : NO. 02-3681 - CIVIL TERM . ., : CIVIL ACTION - LAW ,, .PRAECIPE To the Prothonotary: Please enter the appearance of Wix, Wenger & Weidner and Stephen J. Dzuranin, Esquire on behalf of the Defendant in this proceeding. Attofdey ID NdJ52~5/3 ' ,,/508 No~th Sec(~r~d"~'r~et P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Dated: August 26, 2002 OCT ! 1 2002 PATRICIA LYNN CASSEL, Plaintiff V. DAVID MARK CASSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3681 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ANDNOW, this /~I~dayof ~ ~~f' ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Patricia Lynn Cassel and the Father, David Mark Cassel, shall have shared legal custody of Kristen Marie Cassel, bom October 31, 1985, Katelyn Michelle Cassel, bom November 17, 1993, and Courtney Elizabeth Cassel, bom January 26, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records. 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. They shall also, in a timely fashion, share information with each other regarding the Children's extracurricular activities, school schedule, homework, and parent-teacher conferences. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody of Kristen as agreed by Kristen and Father. 4. Father shall have periods of partial physical custody with Katelyn and Courmey as follows: A. Beginning Saturday October 12, 2002 from 9:00 a.m. to 8:30 p.m. B. Sunday, October 13, 2002 from 12:00 noon to 7:30 p.m. C. Saturday, October 26, 2002 at the soccer game until Sunday, October 27, 2002 at 7:30 p.m. Father will be cognizant of the Children's adjustment to overnight custody. D. Saturday, November 9, 2002 at the soccer game to Sunday at 7:30 p.m. E. Friday, November 22, 2002 from 6:00 p.m. to Sunday at 7:30 p.m. and continuing thereafter on an alternating weekend schedule at the same times. In the event that Father's weekend coincides with a Monday holiday that Father is entitled to, Father may keep the Children Sunday night also. Father must notify Mother if he will be late to pick up the Children and advise Mother if his relatives will be picking up the Children. F. Every Monday evening from 4:00 p.m. to 7:30 p.m. In the event Father is unable to exercise this period of custody he must notify Mother as soon as he becomes aware of the necessity to cancel. 5. Thanksgiving Day shall be split by the parties. Unless otherwise agreed by the parties, Mother shall always have the Children from 9:00 a.m. to 3:00 p.m. and Father shall always have the Children from 3:00 p.m. to 9:00 p.m. 6. Christmas 2002 shall be split as follows: Mother shall have physical custody of the Children from Christmas Eve at 12:00 noon to Christmas Day at I0:00 a.m. and from 6:00 p.m. to 10:00 p.m. on Christmas Day. Father shall have physical custody of the Children from 10:00 a.m. Christmas Day to 6:00 p.m. and from 10:00 p.m. Christmas Day to 9:00 p.m. on December 26, 2002. 7. Easter Day shall be split 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. The parent who has Easter weekend custody shall be entitled to the early period and the non-custodial weekend parent shall have the afternoon period of custody. 8. Mother shall have custody of the Children on Mother's Day; Father shall have custody of the Children on Father's Day both from 9:00 a.m. to 7:30 p.m. 9. The parties shall alternate the following holidays from 9:00 a.m. to 7:30 p.m.: Memorial Day, July 4th and Labor Day, with Mother having Memorial Day in 2003. 10. Each party shall be entitled to two non consecutive weeks of custody in the summer provided they give notice to the other party by May 30 of every year of the exercise of said weeks. The custodial parent shall provide a location and telephone number where the Children can be reached during these vacations periods. 11. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 12. It is understood that Father will transport to Children to their extracurricular activities or other appointments while they are in his custody. 13. Children. The non-custodial parent is entitled to liberal telephone contact with the 14. Neither party shall do nor permit a third party to do, or say anything that would 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. 15. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for January 15, 2003 at 9:30 a.m. cc: Kara W. Haggerty, Esquire, for Mother Stephen J. Dzuranin, Esquire, for Father BY THE COURT, PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-3681 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Kristen Marie Cassel Katelyn Michelle Cassel Courtney Elizabeth Cassel DATE OF BIRTH CURRENTLY IN CUSTODY OF October 31, 1985 Mother November 17, 1993 Mother January 26, 1996 Mother 2. A Conciliation Conference was held in this matter on October 10, 2002. The Mother, Patricia Lynn Cassel, appeared with Kara W. Haggerty, Esquire. Father, David Mark Cassel, appeared with Stephen J. Dzuranin, Esquire. 3. The parties agreed to the entry of the Order attached. [(b ~II Date ~cqu~line M. Vemey, Esquire Custody Conciliator JAN iS Ln03 PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3681 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2 ~ i-J day of "~',L*7 u ~' h ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 15, 2002 shall remain in full force and effect with the following additions and modifications: 2. Father shall cooperate with the Children's counselor to include family counseling if recommended by the counselor. Both parties shall sign the necessary releases for the counselor to discuss the counseling with both parties. 3. The parties shall schedule and attend the Inner Works program for separating parents as soon as practicable. 4. Father's alternating weekend schedule shall switch effective the weekend of February 8, 2003. To accomplish this, Mother shall have two consecutive weekends prior to February 8, 2003 5. Father shall be entitled to two hours of physical custody of each child on that child's birthday at times agreed by the parties. 6. The non-custodial parent shall not interfere with the custodial parent's periods of custody. 7. Paragraph 4F shall be modified to allow Father to pick up the children between 4:00 p.m. and 5:00 p.m. on Mondays. Father is to contact Mother to verify he will pick up the children on Mondays and indicate an approximate time. In the event that Father does not contact Mother on Monday, Mother may assume that Father will not exercise his period of custody on that Monday. 8. Paragraph 4 shall be modified to include the following: "G. Such other times as the parties agree." 8. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator and schedule another conference within 60 days from the date of this Order. BYTHECOURT, cc: Kara W. Haggerty, Esquire, for Mother Stephen J. Dzuranin, Esquire, for Father PATRICIA LYNN CASSEL, Plaintiff Vo DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-3681 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Kristen Marie Cassel Katelyn Michelle Cassel Courtney Elizabeth Cassel DATE OF BIRTH CURRENTLY 1N CUSTODY OF October 31, 1985 Mother November 17, 1993 Mother January 26, 1996 Mother 2. A Conciliation Conference was held in this matter on January 15, 2003. The Mother, Patricia Lynn Cassel, appeared with Kara W. Haggerty, Esquire. Father, David Mark Cassel, appeared with Stephen J. Dzuranin, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated October 15, 2002 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody of the two younger children on alternating weekends, one evening per week and a holiday schedule. 4. The parties agreed to the entry of an Order in the form as attached. Date Custody Conciliator PATRICIA LYNN CASSEL, Plaintiff/Respondent DAVID MARK CASSEL, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .- : NO. 2002-3681 Civil Term : : CIVIL ACTION - LAW : : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDERS AND NOW, comes the Petitioner, David Mark Cassel, by and through his attorneys, Wix, Wenger & Weidner, and files this Petition for Modification of Custody Orders, and in support thereof avers as follows: 1. The Petitioner is David Mark Cassel (the "Father"), an adult individual who currently resides at 104 South 36th Street, Camp Hill, PA 17011. 2. The Respondent is Patricia Lynn Cassel (the "Mother"), an adult individual who currently resides at 924 Allen View Drive, Mechanicsburg, PA 17055. 3. The parties are the parents of the minor children Katelyn Michelle Cassel (born November 17, 1993; age 9) and Courtney Elizabeth Cassel (born January 26, 1996; age 7) (the "Minor Children"). 4. On October 15, 2002, pursuant to an agreement of the parties, this Honorable Court entered an Order of Court relating to custody of the Minor Children (the "October 15, 2002 Order"). A true and correct copy of the October 15, 2002 Order is attached hereto as Exhibit A and is incorporated herein by reference. 5. On January 23, 2003, pursuant to an agreement of the parties, this Honorable Court modified the October 15, 2002 Order by Order of Court (the "January 23, 2003 Order"). A true and correct copy of the January 23, 2003 Order is attached hereto as Exhibit B and is incorporated herein by reference. The October 15, 2002 Order and the January 23, 2003 Order are sometimes collectively referred to herein as the "Court Orders". 6. The Court Orders should be modified because: a. The relationship between the parties has deteriorated and the current Order is not sufficient to meet the needs of the Minor Children and the parents. b. Mother refuses to be flexible in working with Father due to his work schedule and the times he may have physical custody of the Minor Children. c. Mother's behavior reflects her intent to deny Father of his custody rights and to alienate Father from the Minor Children. Father has filed concurrently herewith a Petition for Contempt of Court against the Mother. A true and correct copy of the Petition for Contempt of Court is attached hereto as Exhibit C and is incorporated herein by reference as if set forth in full. d. The Father's job commitments currently require a change to the custody arrangements, e. Modification of the Custody Orders is in the best interest of the Minor Children to foster the relationship with the Father. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the Custody Orders pursuant to the draft Stipulation of Custody attached hereto as Exhibit D and to grant such further relief as is just and appropriate. Date: Respectfully Submitted, v,x, P.c. , St,,epti~n J. r zur. Apin, I.D.~52653 ' 508 North St ~;oh'd Street ~/P.O. Box 84! ~.," Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Petitioner EXHIBIT A OCT 1 1 ZOO2 PATRICIA LYNN CASSEL, Plaintiff V. DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3681 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OFCOURT AND NOW, this ,'~'-~- day of (~gr.,d,o~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as tbllows: 1. The Mother, Patricia Lynn Cassel and the Father, David Mark Cassel, shall have shared legal custody of Kristen Marie Cassel, born October 31, 1985, Katelyn Michelle Cassel, born November 17, 1993, and Courtney Elizabeth Cassel, born January 26, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records. 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. They shall also, in a timely fashion, share information with each other regarding the Children's extracurricular activities, school schedule, homework, and parent-teacher conferences. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody of Kristen as agreed by Kristen and Father. 4. Father shall have periods of partial physical custody with Katelyn and Courtney as follo~vs: A. Beginning Saturday October 12, 2002 from 9:00 a.m. to 8:30 p.m. B. Sunday, October 13, 2002 from 12:00 noon to 7:30 p.m, C. Saturday, October 26, 2002 at the soccer game until Sunday, October 27, 2002 at 7:30 p.m. Father will be cognizant of the Children's adjustment to overnight custody. D. Saturday, November 9, 2002 at the soccer game to Sunday at 7:30 p.m. E. Friday, November 22, 2002 from 6:00 p.m. to Sunday at 7:30 p.m. and continuing thereafter on an alternating weekend schedule at the same times. In the event that Father's weekend coincides with a Monday holiday that Father is entitled to, Father may keep the Children Sunday night also. Father must notify Mother if he will be late to pick up the Children and advise Mother if his relatives will be picking up the Children. F. Every Monday evening from 4:00 p.m. to 7:30 p.m. In the event Father is unable to exercise this period of custody he must notify Mother as soon as he becomes aware of the necessity to cancel. 5. Thanksgiving Day shall be split by the parties. Unless otherwise agreed by the parties. Mother shall al~vays have the Children from 9:00 a.m. to 3:00 p.m. and Father shall always have the Children from 3:00 p.m. to 9:00 p.m. 6. Chrlstmas 2002 shall be split as follows: Mother shall have physical custody of the Children from Christmas Eve at 12:00 noon to Christmas Day at I0:00 a.m. and from 6:00 p.m. to 10:00 p.m. on Christmas Day. Father shall have physical custody of the Children from 10:00 a.m. Christmas Day to 6:00 p.m. and from 10:00 p.m. Christmas Day to 9:00 p.m. on December 26, 2002. 7. Easter Day shall be split 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. The parent who has Easter weekend custody shall be entitled to the early period and the non-custodial ~veekend parent shall have the afternoon period of custody. 8. Mother shall have custody of the Children on Mother's Day; Father shall have custody of the Children on Father's Day both from 9:00 a.m. to 7:30 p.m. 9. Thc parties shall alternate the following holidays from 9:00 a.m. to 7:30 p.m.: Memorial Day, July 4"' and Labor Day, with Mother having Memorial Day in 2003. I 0. Each party shall be entitled to two non consecutive weeks of custody in the summer provided they give notice to the other party by May 30 of every year of the exercise of said weeks. The custodial parent shall provide a location and telephone number xvhere the Children can be reached during these vacations periods. 11. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 12. It is understood that Father will transport to Children to their extracurricular activities or other appointments while they are in his custody. 13. Children. The non-custodial parent is entitled to liberal telephone contact with the 14. Neither party shall do nor permit a third party to do, or say anything that would 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. 15. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for January 15, 2003 at 9:30 a.m. BY THE COURT, cc: Kara W. Haggerty, Esquire, for Mother Stephen J. Dzuranin, Esquire, for Father EXHIBIT B JAN 16 2.hQ3 ~ PATRICIA LYNN CASSEL, Plaintiff V. DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2002-3681 CIVIL TERM .. : CIVIL ACTION - LAW .. : IN CUSTODY ORDER OF COURT AND NOW, this -&~4 day of~) ....... r' consideration of the attached Custody Con4iliation R~port, follows: ,2003, upon it is ordered and directed as 1. The prior Order of Court dated October 15, 2002 shall remain in full force and effect with the following additions and modifications: 2. Father shall cooperate with the Children's counselor to include family counseling if recommended by the counselor. Both parties shall sign the necessary releases for the counselor to discuss the counseling with both parties. 3. The parties shall schedule and attend the Inner Works program for separating parents as soon as practicable. 4. Father's alternating weekend schedule shall switch effective the weekend of February 8, 2003. To accomplish this, Mother shall have two consecutive weekends prior to February 8, 2003 5. Father shall be entitled to two hours of physical custody of each child on that child's birthday at times agreed by the parties. 6. The non-custodial parent shall not interfere with the custodial parent's periods of custody. 7. Paragraph 4F shall be modified to allow Father to pick up the children between 4:00 p.m. and 5:00 p.m. on Mondays. Father is to contact Mother to verify he will pick up the children on Mondays and indicate an approximate time. In the event that Father does not contact Mother on Monday, Mother may assume that Father will not exercise his period of custody on that Monday. 8. Paragraph 4 shall be modified to include the following: "G. Such other times as the parties agree." 8. This Order is entered pursuant to the agreement of the parties at a Custody Conciliation Conference. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator and schedule another conference within 60 days from the date of this Order. BY THE COURT, cc: Kara W. Haggerty, Esqnire, for Mother Stephen J. Dzuranin, Esquire, for Father EXHIBIT C PATRICIA LYNN CASSEL, Plaintiff/Respondent DAVID MARK CASSEL, DefendantJPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3681 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of ,2003, based upon the foregoing Petition for Contempt and after granting the Respondent the opportunity for a hearing, it is hereby ORDERED and DECREED as follows: 1. Respondent is hereby found to be in contempt of court. 2. Respondent is hereby ordered to specifically comply with the Custody Orders as follows: a. Respondent shall have the Minor Children available each Monday from 6:00 p.m. to 6:30 p.m., and/or such other time that Petitioner has physical custody, for the Petitioner to pick up the Minor Children, unless the Petitioner notifies the Respondent that he will not be able to pick up the Minor Children, and such Monday custody is hereby modified to end at 8:00 p.m. b. Respondent shall have each Minor Child available for the Petitioner to have physical custody at a time that is convenient for the Petitioner on that Minor Child's birthday. c. Respondent shall have both Minor Children available for the Petitioner to have physical custody at the appropriate times on all Petitioner's holidays. d. Respondent shall answer the phone when Petitioner calls to speak to the Minor Children and shall actively encourage the Minor Children to speak with their Father. If the Respondent is not home when Petitioner calls, she shall have the Minor Children return all phone messages as soon as practical and in no event later than 24 hours of the time the messages are left. e. Respondent shall cease and desist from making derogatory comments about the Petitioner regardless of whether the Minor Children are present and shall use her best efforts to prohibit other people from making derogatory comments about the Petitioner. Respondent is hereby Ordered to pay Petitioner's counsel fees and costs in the amount of $750.00 resulting from her violation of the Court Orders. By the Court: F:~sjd~1313 Cassel, David M\10271\Docurnents\Petition for Contempt of Court.doc 8 PATRICIA LYNN CASSEL, Plaintiff/Respondent DAVID MARK CASSEL, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3681 Civil Term : : CIVIL ACTION - LAW : : IN CUSTODY DEFENDANT/FATHER'S PETITION FOR CONTEMPT AND PETITON TO ENFORCE CUSTODY ORDERS AND NOW, comes the Petitioner, David Mark Cassel, by and through his attorneys, Wix, Wenger & Weidner, and files this Petition for Contempt and Petition to Enforce Custody Orders, and in support thereof avers as follows: 1. The Petitioner is David Mark Cassel (the "Father"), an adult individual who currently resides at 104 South 36th Street, Camp Hill, PA 17011. 2. The Respondent is Patricia Lynn Cassel (the "Mother"), an adult individual who currently resides at 924 Allen View Drive, Mechanicsburg, PA 17055. 3. The parties are the parents of the minor children Katelyn Michelle Cassel (born November 17, 1993; age 9) and Courtney Elizabeth Cassel (born January 26, 1996; age 7) (the "Minor Children"). 4. On October 15, 2002, pursuant to an agreement of the parties, this Honorable Court entered an Order of Court relating to custody of the Minor Children (the "October 15, 2002 Order"). A true and correct copy of the October 15, 2002 Order is attached hereto as Exhibit A and is incorporated herein by reference. 5. On January 23, 2003, pursuant to an agreement of the parties, this Honorable Court modified the October 15, 2002 Order by Order of Court (the "January 23, 2003 Order"). A true and correct copy of the January 23, 2003 Order is attached hereto as Exhibit B and is incorporated herein by reference. (The October 15, 2002 Order and the January 23, 2003 Order are sometimes collectively referred to herein as the "Court Orders".) 6. Paragraph 5 of the January 23, 2003 Order specifically directed that: "Father shall be entitled to two hours of physical custody of each child on that child's birthday at times agreed by the parties." 7. Since the entry of the January 23, 2003 Order, Mother has violated, and Father believes that Mother will violate, paragraph 5 of the January 23 Order as follows: a. On January 26, 2003, the date of Courtney's birthday, Mother refused to allow Father to have physical custody of Courtney and refused to return phone calls from Father to arrange his time with Courtney. b, Katelyn's birthday, November 17, is approaching and Father believes that Mother will not allow Father to have his time with his daughter on her birthday without further order from this Court. 8. Paragraph 4.F. of the October 15, 2002 Order specifically directed that: "Father shall have periods of partial physical custody of Katelyn and Courtney as follows: Every Monday evening from 4:00 p.m. to 7:30 p.m. In the event Father is unable to exercise this period of custody he must notify Mother as soon as he becomes aware of the necessity to cancel." 9. Paragraph 4.F. of the October 15, 2002 Order was amended by paragraph 7 of the January 23, 2003 Order as follows: "Paragraph 4F shall be modified to allow Father to pick up the children between 4:00 p.m. and 5:00 p.m. on Mondays. Father is to contact Mother to verify he will pick up the children on Mondays and indicate an approximate time. In the event that Father does not contact Mother on Monday, Mother may assume that Father will not exercise his period of custody on that Monday." 2 10. Mother has violated paragraph 4.F. of the October 15, 2002 Order and paragraph 7 of the January 23, 2003 Order as follows: a. On June 2, 2003, Father called Mother to inform her of the approximate time he would be picking up the Minor Children. The Mother informed the Father that if he was one minute late, he could not see his children. When Father showed up at Mother's house at approximately 4:23 p.m., Mother refused to allow him to see the Minor Children. Father only received custody of the Minor Children after Father enlisted the help of the Upper Allen Township Police, who successfully convinced Mother to allow Father to pick up the Minor Children at a local restaurant. However, this process took approximately 2 hours and reduced the amount of time Father had with his children. 11. Paragraph 9 of the October 15, 2002 Order specifically directed that: "The parties shall alternate the following holidays from 9:00 a.m. to 7:30 p.m.: Memorial Day, July 4th and Labor Day, with Mother having Memorial Day in 2003." 12. Mother willfully violated paragraph 9 of the October 2002 Order as follows: a. On July 4, 2003, which was Father's holiday, Mother refused to allow the Minor Children to go with their Father arguing that the Court Order stated that Mother was to have all such holidays. That is, Mother told Father that she had all of the holidays in 2003 and he had all the holidays in 2004. Mother refused to change her position until after Father again enlisted the help of the Upper Allen Township Police. However, Father did not receive custody until approximately two-hours after his custodial period was scheduled to begin. 3 13. Paragraph 13 of the October 15, 2002 Order specifically directed that: "l'he non-custodial parent is entitled to liberal telephone contact with the Children." 14. Mother has willfully violated paragraph 13 of the October 15, 2002 Order as follows: a. Mother refuses to answer the phone at her house when Father calls to speak with the Minor Children. Father suspects that when his number appears on Mother's caller I.D., Mother refuses to pick up the phone and advises the Minor Children not to pick up the phone. b. Father has left numerous phone messages on Mother's machine; but the messages are never returned by the Minor Children. c. Father has contacted the Minor Children on the cell phone of one of his children, but when the Mother discovered it was the Father on the phone, the call was immediately disconnected. 15. Paragraph 14 of the October 15, 2002 Order specifically directed that: "Neither party shall do nor permit a third party to do, or say anything that would 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." 16. Mother has willfully violated paragraph 14 of the October 15, 2002 Order as follows: a. Mother openly makes derogatory comments to the Father when he picks up and delivers the Minor Children, calling the Father asshole, jerk and various other vulgar or derogatory names. These comments are made in front of the Minor Children. b. Mother makes threatening and obscene gestures to the Father when he picks up and delivers the Minor Children. 4 c. Mother allows her family members to make derogatory comments about the Father to the Minor Children and to others with whom the Minor Children associate, including the Minor Children's maternal grandmother. 17. Father loves his children and Mother's behavior in violating the Court Orders, as set forth above, is interfering with Father's ability to have meaningful consistent contact with the Minor Children. 18. Father has incurred counsel fees, costs and expenses as a direct result of Mother's violations of the Court Orders. 19.Concurrently herewith, Father has filed a Petition to Modify Custody to clarify and modify the Court Orders based on the current circumstances of the parties; nevertheless, Father believes that Mother will continue to violate the Court Orders and any subsequent court order unless she is found to be in contempt and appropriately sanctioned by the Court. WHEREFORE, Petitioner/Father respectfully requests that this Honorable Court enter an Order finding Respondent/Mother in contempt of court and direct the Mother to immediately comply with the Court Orders to: 1. Have the Minor Children available each Monday from 6:00 p.m. to 6:30 p.m. for the Father to pick up the Minor Children and to modify the end time for Father's Monday Custody to 8:00 p.m., or such other times as is directed by the Court. 2. Have each Minor Child available for the Father to have physical custody at a time that is convenient for the Father on that Minor Child's birthday. 3. Have the Minor Children available for the Father to have physical custody at the appropriate times on all of Father's scheduled holidays. 5 4. Answer the phone when Father calls to speak to the Minor Children and to return all phone messages within 24 hours of the time the messages are left. 5. Cease and desist from making derogatory comments about the Father regardless of whether the Minor Children are present and to make her best efforts to prohibit others from making derogatory comments about the Father. 6. Grant to Father the reasonable counsel fees, costs and expenses he has incurred as a result of Mother's failure to abide by the terms of the Court Orders Petitioner/Father further respectfully requests this Honorable Court to modify the Court Orders pursuant to the Petition to Modify Court Orders filed concurrently herewith and to grant such further relief as this Court deems just and appropriate. Respectfully Submitted, WiX, WENGER & WEIDNER, P.C. Date: By: Stephen J. Dzuranin, I.D.#52653 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Petitioner 6 PATRICIA LYNN CASSEL, Plaintiff/Respondent DAVID MARK CASSEL, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3681 Civil Term : : CIVIL ACTION - LAW : : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Petition for Contempt via first class, U.S. mail postage prepaid this day to the following: Patricia Lynn Cassel 924 Allen View Drive, Mechanicsburg, PA 17055 WiX, WENGER & WEIDNER, P.C. Date: By: Stephen J. Dzuranin, I.D.#52653 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Petitioner F:\sjd~1313 Cassel, David M\10271 \Documents\Petition for Contempt of Court.doc 10/14/03 2:34 PM 9 EXHIBIT D PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 02-3681 Civil Term .. CIVIL ACTION - LAW STIPULATION OF CUSTODY THIS STIPULATION OF CUSTODY ("Custody Stipulation") is made as of this __ day of ,2003, by and between Patricia Lynn Cassel (the "Mother") and David Mark Cassel (the "Father"). Mother and Father are the parents of the minor children Katelyn Michelle Cassel (born November 17, 1993) and Courtney Elizabeth Cassel (born January 26, 1996) (the "Children"). Mother and Father hereby agree to the following parenting plan for the custody of the Children: 1. Mother and Father shall have joint legal custody of the Children; legal custody being defined as the right to make major decisions affecting the upbringing of the Children, including but not limited to medical, religious and educational decisions. Mother and Father agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promote the Children's best interests. Mother and Father shall have the right to share in major parenting decisions affecting the health, education, welfare and religious activities of the Children. 2. Mother shall have primary physical custody of the Children; physical custody being defined as the actual physical possession and control of the Children. 3. Father shall have partial physical custody of the Children; partial physical custody being defined as the right to take possession of the Children away from the custodial parent for a certain period of time. Father shall have physical custody of the Children according to the following schedule: a. Every other weekend from Friday, starting between 6:00 and 6:30 p.m. until Sunday evening at 7:30 p.m. b. Every Monday starting between 6:00 P.M. and 6:30 p.m. until 8:00 p.m. 4. Mother and Father acknowledge that Father has an irregular work schedule that requires Father to travel out-of-town without much prior notice. Mother and Father agree that Father's physical custody on Monday evenings is dependent on Father being in-town and available to take physical custody of the Children. Father agrees that he will give Mother and Children as much advanced notice as possible if he is not able to take physical custody of the Children on Monday evening because his job requires him to travel at that time. 5. Notwithstanding the above schedule, the following shall apply to the Children: a, Mother shall have every Mother's Day with the Children and Father shall have every Father's Day with the Children, from 8:00 a.m. until 8:00 Mother and Father shall alternate custody on the holidays of Easter, Memorial Day, Independence Day, Labor Day, 2 Thanksgiving Day and New Year's Day according to the following schedule: Holiday Odd Numbered Years Even Numbered Years Easter Father Mother Memorial Day Mother Father (Observed) Independence Day Father Mother Labor Day Mother Father Thanksgiving Father Mother New Year's Mother Father The holiday shall commence at approximately 6:00 p,m. on the day before the holiday and end at approximately 8:00 p.m, on the day of the holiday. c. Christmas shall be divided into two parts. Part A shall start on December 23rd commencing at approximately 6:00 p.m. and end December 24th at approximately 6:00 p.m. Part B shall start on December 24th at approximately 6:00 p.m. and end December 25th at approximately 8:00 p.m. In 2003 and all odd numbered years, Father shall have Part A and Mother shall have Part B. In 2004 and all even numbered years, Father shall have Part B and Mother shall have Part A. d. Father shall have custody of the Katelyn on Katelyn's birthday during odd-numbered years. Father shall have custody of 3 Courtney on Courtney's birthday during even-numbered years. Father shall have custody on birthdays from 4:00 p.m. until 8:00 The holiday, birthday and vacation (set forth in paragraph 6) schedules shall take precedence over the weekly and weekend schedules, but shall not otherwise affect the weekly or weekend schedules. 6. Each parent may have custody of the Children for up to two consecutive or non-consecutive weeks (each week to consist of 7 consecutive days) for vacation during each calendar year upon giving the other parent at least one calendar-month written notice. The vacations shall not interfere with the Children's school or the holiday schedule set forth above (but may interfere with weekly and weekend schedules as set forth above). In the event of a conflict of a chosen vacation week, the first to notify the other parent in writing of his/her intent to take the vacation shall be the parent entitled to custody for that period. 7. The parent receiving the Children shall be responsible for transportation. The receiving parent shall have reasonable notice as to the Children's whereabouts at the scheduled pickup times 8. Each parent is entitled to receive information concerning the Children directly from schools, health care providers, or other relevant sources. Notwithstanding this right, Mother agrees to provide notice of and copies (or the originals for Father to make copies) of the Children's report cards, awards, sports schedules, and extra- 4 curricular activity schedules in a timely manner. Mother shall also notify Father of the time and the right to obtain any school, sports, or extra curricular-activity pictures in a manner for Father to have sufficient time to arrange to purchase the same if he chooses. Mother shall also notify Father, in writing, of all medications, or any changes in medications, of the Children, and shall provide a sufficient supply of all such medications to Father for the periods of Father's custody of the Children. 9. Whenever possible, each parent shall provide the other at least 48 hours advance notice of the time and place for the Children's school and extra-curricular activities, such as sporting events, music performances, or other events. Both parties agree to honor and support the Children's participation in school and extra-curricular activities. Neither parent shall register the Children for activities unless the Children definitely desire to participate in such activities. Participation in activities during the school year is contingent upon the Children maintaining passing grades in school. During the times that a parent has custody, the custodial parent will make certain that the Children attend school and extra-curricular activities in which they are participating. The custodial parent will transport the Children to and from such activities during their respective periods of custody. Notwithstanding the above, neither parent shall sign up a Child for activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. In the event that the parent having custody at a time for a scheduled activity is not able to take the Child to that activity, that parent shall notify the other parent of his or her unavailability and the other parent shall be entitled to pickup and deliver the Child to the scheduled activity. 5 The custodial parent shall ensure that the Child is ready for the activity in sufficient time to get her there. Out-of-town week-long vacations take precedence over extra- curricular activities scheduled at the same time. 10. Each parent shall keep the other parent informed with an address and telephone number at which the Children will be while in their custody, including, without limitation, any day care arrangements or periods when the Children are away from the custodial parent's home for a period of more than 72 hours. Each parent also agrees to keep the other parent informed of his or her current residence and telephone numbers to facilitate communication concerning the welfare of the Children. Each parent shall confer with the other on all matters of importance relating to the Children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Children's education and social adjustment. 11. Each parent shall be entitled to reasonable telephone contact with the Children while the Children are in the custody of the other parent. Both parents must use common sense in scheduling telephone calls to talk with the Children. The custodial parent shall encourage the Children to talk with the parent who may be calling. Children shall be free to call the non-custodial parent at all reasonable times and the custodial parent shall encourage such calls. Phone calls shall not be unnecessarily long or disrupt the Children's schedules. 12. Each parent shall cooperate with the other parent to accommodate reasonable reasons for delay in picking up and delivery of the Children. Additionally, the parents may designate, upon reasonable notice to the other, another family member 6 to pick up or receive the Children. In the event that the receiving parent is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from that parent (in which event both parents will cooperate with each other to allow reasonable time with the Father), the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other parent will be free to make other plans with the Children. At all times during transportation, the Children shall be secured in appropriate passenger restraints. No person transporting the Children shall be under the influence of any alcoholic beverages or intoxicating substances while transporting the Children. 13. During any period of custody or visitation, the parents shall not possess or use any illegal controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, or subject any of the Children to any unlawful activities. The parents shall assure, to the best of their abilities, that other household members and houseguests comply with this prohibition. 14. Each of the parents shall act to foster a feeling of affection between the Children and the other parent. Neither parent shall do or say, nor shall either parent permit any third person to do or say, anything that may estrange the Children from the other parent or his or her family members, regardless of whether the Children are present. Each parent shall foster in the Children a positive view of the other parent and that parent's relatives, and shall encourage the free and natural development of the loving and respectful relationship between the Children and each parent. Both parents shall encourage the Children to comply with this parenting plan. The parents shall not 7 use the Children to convey verbal messages to the other parent about the custody situation or changes in the custody schedules. 15. Emergency decisions regarding the Children shall be made by the parent then having physical custody. However, in the event of an emergency or serious illness of a Child at any time, the parent then having physical custody of a Child shall immediately communicate with the other parent by telephone or any means practical, informing the other parent of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability that confines a Child to bed for a period of excess of seventy-two (72) hours or that places the Child under the direction of a licensed physician. 16. In the event that a significant matter arises with respect to the medical care, financial care, or education of the Children, such as a change in health insurance, occupation, or residence of a parent, those matters shall be discussed with the other parent before any change is made by either parent. In the event that one or the other does not consent to the change, that does not mean each follows his or her own idea of what they think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern their relationship with the Children and with each other in the event of a disagreement. 17. The parties may decide different custody arrangements other than those provided for in this Custody Stipulation and make decisions for the Children whenever they mutually agree to do so. Nothing in this Custody Stipulation shall be understood to 8 limit or restrict the ability of the parties to mutually agree on alternative parenting arrangements. If the parties cannot agree, the terms of this Custody Stipulation will control. 18. Neither parent, absent the consent of the other, shall relocate to a residence outside of a thirty (30) mile radius from his or her current residence, until such time as Courtney reaches sixteen (16) years of age. 19. The parties further agree to, and do hereby submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania for purposes of the instant matter, and that the Commonwealth of Pennsylvania shall be the "home state" of the Children for all purposes. 20. The parties agree that this Stipulation of Custody shall be made an Order of the Court. IN WITNESS WHBREOF, AND INTENDING TO BE LEGALLY BOUND, Mother and Father have executed this Stipulation of Custody as of the day and year first above written. WITNESS: MOTHER: WITNESS: Patricia Lynn Cassel FATHER: David Mark Cassel F:~gh\Cassel 1313-10271.2\Custody Agreement.doc 10/14/03 11:40 AM 9 VERIFICATION i, David Mark Cassel, Defendant/Petitioner in the foregoing Petition, have read the foregoing Petition For Modification of Custody Orders and hereby affirm and verify that it is true and correct to the best of my knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject us to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATED: October I~ , 2003 PATRICIA LYNN CASSEL : PLAINTIFF : : V, DAVID MARK CASSEL : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3681 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before .!aequeline M. Verney, Esq. , the concil at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 24, 2003 at 9:30 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a tempor~ order. All children age five or older may also be present at the conference. Failure to aopear at the conference ma provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all exisfiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ _lacqueline M. Verney. Esq, ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American 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 betbre the court. You must attend the schedule conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ttAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~ItE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania I70t3 Telephone (717) 249-3166 ator, uM or PATRICIA LYNN CASSEL, Plaintiff ! Respondent DAVID MARK CASSEL, Defendant / Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3681 Civil Term CIVIL ACTION - LAW In Custody PETITION TO ALLOW DISCOVERY IN CONTEMPT OF CUSTODY ORDER AND MODIFICATION OF CUSTODY ORDER PROCEEDINGS TO THE HONORABLE, The Judges of the Cumberland County Court of Common Pleas: Petitioner, David Mark Cassel, by his undersigned attorneys, hereby files this Petition to Allow Discovery and respectfully represents that: 1. Petitioner is David Cassel who currently resides at 104 S. 36th Street, Camp Hill, Pennsylvania 17011. 2. Respondent is Patricia Cassel who currently resides at 924 Allen View Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of the minor children, Katelyn Cassel (age 9) and Courtney Cassel (age 7)(the "Minor Children"), who currently reside at 924 Allen View Drive, Mechanicsburg, Pennsylvania 17055. 4. In accordance with Custody Orders entered by the Honorable Judge J. Wesley Oler, Jr. on October 15, 2002 and January 23, 2003 (the "Custody Orders"), David Cassel and Patricia Cassel have joint legal custody of the Minor Children, Patricia Cassel has primary physical custody of the Minor Children, and David Cassel has partial physical custody of the Minor Children. 5. On October 14, 2003, Petitioner filed a Petition for Contempt of Custody Orders and a Petition for Modification of Custody Orders with the Cumberland County Court of Common Pleas. 6. In his Petition for Contempt of Custody Orders and Petition for Modification of Custody Orders, the Petitioner asks this Court to find the Respondent in contempt of the Custody Orders and to modify the current Custody Orders. 7. Respondent refuses to communicate with the Petitioner regarding the Minor Children's physical and social development, including the state of the Minor Children's health, the progress of the Minor Children in school, or the participation of the Minor Children in extra-curricular and other organized social activities. 8. Petitioner has found it difficult to obtain any information concerning the health and welfare of the Minor Children from the Respondent because the Respondent refuses to communicate with the Petitioner and intentionally withholds important information regarding the health, welfare and activities of the Minor Children from the Petitioner. 9. Respondent attempts to thwart Petitioner's physical custody of the Minor Children on a regular and recurring basis and regularly poisons the Minor Children's views of the Petitioner through derogatory and disparaging comments about the Petitioner. 10. It is in the best interests of the Minor Children that the Petitioner participates in the Minor Children's physical and social development and that the Respondent ceases in her attempts to thwart such participation and involvement. 11. In order to obtain a true and correct determination of the Minor Children's best interests and allow the Petitioner to consider and promote the Minor Children's best interests, it is necessary that the Petitioner be allowed to discover the following documents and information: (a) the Minor Children's report cards from the last year and all correspondence during the last school year and the present school year sent by the Minor Children's school to the Respondent, (b) the names and places where the Minor Children participate in any extra-curricular school activities or any other organized social groups and any reports or correspondence from such groups that relates to the Minor Children's participation in such groups, (c) health records from the last year issued by any health care provider, including hospitals, doctor and dentist offices, or school health workers, that in any way relates to the Minor Children, (d) any other documents that are evidence of important life events and decisions for the Minor Children; The above documents and information are necessary so that the Petitioner can participate in and promote the Children's best interests and so that the Petitioner can prepare for and prosecute his request for modification and contempt of the current Custody Orders. 12. In order to obtain a true and correct determination of the Respondent's violation of the current Custody Order, Petitioner seeks to discover: (a) phone records of the Respondent, detailing calls made and received on both the home phone and cell phone, as evidence that the Respondent regularly hangs-up when Petitioner calls to speak to the Minor Children or refuses to answer the phone when Petitioner calls to speak to the Minor Children, (b) police reports from the Upper Allen Township Police Department relating to two incidents where the Respondent refused to allow Petitioner to take physical custody of the Minor Children when he was entitled to custody under the current Custody Orders. The Upper Allen Township Police Department refuses to release said reports unless it receives a subpoena therefore. The above documents are necessary as evidence of Respondent's willful violation of the current Custody Order. 13. The discovery requested by this Petition will also assist the Court in obtaining a true determination of the best interests of the Minor Children and a true determination of Respondent's violation of the current Custody Orders; therefore, the Court will be able to make a just and fair determination of Respondent's contempt of Custody Orders and appropriately modify the current Custody Orders. 14. Petitioner should be granted leave of Court to engage in discovery as permitted by Pennsylvania Rules of Civil Procedure 4001 et. seq. 15. If Petitioner's request for discovery is not granted, his ability to proceed in the Contempt and Modification matters will be prejudiced. WHEREFORE, pursuant to Pennsylvania Rules of Civil Procedure 1915.5(c) and 1930.5, and Cumberland County Rule of Procedure 4001-1, Petitioner, David Cassel, requests this Honorable Court to grant Leave of Court to conduct discovery in connection with the Petition for Contempt and Petition for Modification matters. Date: Respectfully submitted, / WIX, V~ENGER & WEIDNER, P.C. ,h08 North Second STreet' ~/~iO. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Petitioner PATRICIA LYNN CASSEL, Plaintiff ! Respondent V. : : DAVID MARK CASSEL, : Defendant / Petitioner : : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3681 Civil Term CIVIL ACTION - LAW In Custody VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the aenalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Date: //~ i/- 0 ~7 Petitioner F:~ogh\Casse11313-10271.2\Petition to Allow Discovery.doc PATRICIA LYNN CASSEL, Plaintiff ! Respondent DAVID MARK CASSEL, Defendant ! Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,, ,, NO. 02-3681 Civil Term ., ,' CIVIL ACTION - LAW In Custody CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Petition to Allow Discovery via first class, postage prepaid U.S. mail this day, to the following: Date: Patricia Lynn Cassel 924 Allen View Drive Mechanicsburg, PA 17055 WIX, w~NGER & WEIDNER, P.C. By: ;Y'//~:~/ X' Ste~n.~. Ozu- ~in, ~q. I.D. ~52653 5~Nodb Secon~ StrUt ~. Box 845 Harrisburg, PA 17108 - 0845 (717) 234 - 4182 Attorney for Petitioner PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - ]LAW NO. 02-3681 CIVIl, TERM ORDER OF COURT AND NOW, this 20th day of November, 2003, upon consideration of Defendant's Petition To Allow Discovery in Contempt of Custody Order and Modification of Custody Order Proceedings, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. atricia Lynn Cassel 924 Allen View Drive Mechanicsburg, PA 17055 Plaintiff, Pro Se 5~0~phen J. Dzuranin, Esq. North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Attorney for Defendant BY THE COURT, esley Ole~.¢.,-' :rc PATRICIA LYNN CASSEL, Plaintiff/Respondent DAVID MARK CASSEL, Defendant/Petitioner : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3681 Civil Term CIVIL ACTION - LAW IN CUSTODY _P. RAECIPE TO WITHDRAW APPEA~RANCE TO THE PROTHONOTARY: Please withdraw the appearance ofKara W. Haggerty, EsqUire and Aborn & Kutulakis as attorneys for Plaintiff Patricia Lynn Cassel in the above-captioned matter. ABOM & KUTULAKIS Carlisle, PA 17013 PRAECIPE FOR ENTRY OF APPEARANCE FO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker, Brenneman Spare, P. C. as attorneys for the Plaintiff Patricia Lynn Cassel in the above-captioned matter. SNELBAKER, BRENNEMAN & SPARE, p. C. LAW OFFICES SNELBAKER, Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 PATRICIA LYNN CASSEL, Plaintiff V. DAVID MARK CASSEL, Defendant NOV 5 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-3681 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this day of~, 2003, upon consideration of the attached Custody Concihation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. [ , of the Cumberland County Court House, onthe ~,7,~,gd day of ~tAzot/t~- ,200//_,at d~,~ 3/} o'clock, ~V. M., at which time testimony will'be~[aken. F/3r purposes of this Heating, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated October 15, 2002 and January 23, 2003 shall remain in full force and effect. BY THE COURT, J. ?sley Oler, Jr., . / cc.~tephen J. Dzuranin, Esquire, counsel for Father · '~Keith O. Brenneman, Esquire, counsel for Mother ~ NOV ,5 2003 PATRICIA LYNN CASSEL, Plaintiff V. DAVID MARK CASSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002~3681 CIVIL TERM IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. _CUSTODY CONCILIATION SUMMARY REPOR i IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits thc following report: The pertxnent ~nformation concerning the Children who are the subjects of this litigation is as follows: NAME Katelyn Michelle Cassel Courtney Elizabeth Cassel DATE OF BIRTH November 17, 1993 January 26, 1996 _CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held November 24, 2003 with the following individuals in attendance: The Father, David Mark Cassel, with his counsel, Stephen J. Dzuranin, Esquire, and the Mother, Patricia Lynn Cassel, with her counsel, Keith O. Brenneman, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court on October 15, 2002 and January 23, 2003, providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, and every Monday evening. Father filed a Petition for Contempt and Petition for Modification. 4. ather s pos~t~on on custody is as follows: Father alleges that Mother violated the prior Custody Orders in the following areas: not permitting liberal telephone contact, custody on child's birthday, failure to turn over custody on June 2, and July 4, 2003 in a timely fashion, and name calling and derogatory remarks in front of the Children. Father seeks a modification of the current Orders to accommodate his work schedule and to avoid confrontation in transfers. Father also seeks modification of the holiday schedule to allow more time with the Children. 5. Mother's position on custody is as follows: Mother denies violation of the current provisions of the Orders. She maintains that the status quo should remain in effect. She was in favor of Father's pick-up time being moved back to accommodate his work schedule, but would not agree to allowing Father to pick up the Children on the Saturday of his weekend if he was too late for the Friday night pick-up. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo pending a hearing. It is expected that the Hearing will require one day. Date ~acqt/~line M. Verney, Custody Conciliator PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3681 CIVIL TERM IN CUSTODY LAW O~FICES SNELBAKER, BrENNeMAN & Spare PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO ALLOW DISCOVERY Plaintiff Patricia L. Cassel, by her attorneys, Snelbaker, Brenneman & Spare, P. C, submits this response to Defendant's Petition to allow discovery as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted only that Defendant on October 14, 2003 filed a Petition For Contempt of Custody Orders ("Petition For Contempt") and a Petition For Modification of Custody Orders ("Petition For Modification"). With respect to the Petition For Contempt, the allegations therein are denied as containing various untruths and distortions of fact which serve no basis for the relief Defendant requests. With respect to the Petition For Modification, Defendant seeks once again to modify the parties' existing custody arrangement solely to accommodate his work schedule and the schedule of his girlfriend without any regard for the wellbeing, needs and routine of his minor children. 6. Admitted. By way of further reply, the averments of Paragraph 5, above, of this Response are incorporated by reference herein. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 7. Denied. It is denied that Respondent (Plaintift) refuses to communicate with Defendant regarding the physical and social development of the minor children including their health. It is further denied that Plaintiff refuses to communicate with Defendant regarding the children's progress in school or their participation in extra-curricular activities and social activities. On the contrary, Plaintiff communicates with Defendant on the foregoing matters. By way of further reply, consistent with Defendant's abject failure to exercise his rights to custody under the current applicable custody orders, Defendant falls to make any efforts to obtain information on the foregoing matters which is readily available to him directly from the childreffs doctor(s) and school. 8. Denied. It is denied that Plaintiff has refused to communicate with Defendant or has intentionally withheld information regarding the minor children from Defendant. It is denied Petitioner has found it "difficult" to obtain information for the reason that he fails to make any reasonable effort to obtain information available to him from third parties, including doctor(s) and the children's school. The averments of Paragraph 7, above, of this Response are incorporated by reference herein. 9. Denied. It is denied Plaintiff attempts to thwart Defendant's custody of the minor children or "poisons" the children's views of Petitioner through derogatory or disparaging comments about Defendant. On the contrary, Defendant consistently fails to exercise his periods of custody permitted him under the existing custody orders and allows his work to thwart his custody of his children by placing his work schedule above having custody of his children and their wellbeing. Finally, Defendant is poisoning his children's view of him by his aberrant ~ehavior, peculiar personal habits and obsessive acts when he chooses to exercise custody, which -2- LAW OFFICES SNELBAKEr, BR~NNEMAN result in the children not wanting to spend time with their father. 10. Admitted in part; denied in part. It is admitted only that under the circumstances of custody by competent parent and caregiver who desires to spend time with his or her children, it would be in the best interest of the children for the parent to participate in their development. It is denied it is necessarily in the best interest of the parties' children that Defendant participate in their physical and social development or that Plaintiff has thwarted or attempted to thwart Defendant's involvement for the reasons set forth in Paragraph 9, above, the averments of which Paragraph are incorporated by reference herein. 11. Denied. It is denied that Defendant needs any of the documents or information identified through discovery in order to determine or promote the children's best interests. It is also denied that the information and documents requested are necessary for Defendant to prepare for or prosecute the Petition For Contempt or Petition For Modification. With respect to the category of documents and information sought by Defendant as identified in Paragraphs 1 l(a) through 1 l(d), Plaintiff responds as follows: (a) Defendant has the minor childreffs report cards for the last year, Any correspondence or information about the children, their grades and communications are available to Defendant directly from the school without the need for the court to approve discovery; (b) All such infom~ation is known to Defendant since he attends, on occasion, the children's extra-curricular activities. It is inconceivable what discovery Defendant needs on these topics to prepare for either the contempt or modification proceeding; (c) All such information is available to Defendant directly without an order for discovery from the court. To the extent Defendant seeks to obtain an order to allow discovery in order to require Plaintiffto obtain the information for Defendant, such a process is improper and vexatious and should be sanctioned by the Court; and (d) The category of documents identified is unreasonably vague and for this reason alone, discovery should be denied. 12. Denied. It is denied that Defendant needs any of the documents identified in Paragraph 12 in order to obtain any determination of a violation by Plaintiff of the current custody order or to establish evidence of any willful violation of the current custody order. It is denied, to the extent it is expressed or implied, that Plaintiff either willfully or otherwise violated the current custody order. With respect to the categories of documents sought by Defendant as identified in Paragraph 12(a) and (b), Plaintiff responds as follows: (a) No telephone records of Plaintiff, whether of her home phone or cell phone, depict (i) the telephone number of the caller or (ii) would indicate or note her alleged refusal to answer the telephone when called. Further, records of calls made from the telephones would not provide or reveal "evidence that the Respondent regularly hangs-up when Petitioner calls" to speak to the children. Accordingly, such records are useless to support what Defendant is attempting to prove; (b) The police reports sought would be hearsay and inadmissible. The best evidence may be the police officers that purportedly were involved. Those officers are known to Defendant and may be interviewed and contacted as witnesses. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 13. Denied. For the reasons set forth is Paragraph 11 and 12, above, of this Response, it is denied that it is either necessary to grant the Defendant's request to engage in discovery or that what he requests is relevant to or will assist in a determination with respect to the Petition For Contempt and Petition For Modification. 14. Denied, It is denied Defendant should be granted leave to engage in the discovery requested for the reasons set forth in this Response, the Paragraphs of which are incorporated by reference herein. 15. Denied. The discovery sought by Defendant is either available to him without leave -4- i of court or wholly irrelevant or useless with respect to what Defendant expects to establish by such discovery; accordingly, there is no prejudice to Defendant if his discovery request is not granted. WHEREFORE, Plaintiff requests this Court to deny Defendant's Petition for leave to conduct discovery, dismiss his Petition with prejudice and award costs and attorney's fees incurred by Plaintiff. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: December 12, 2003 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Patricia L. Cassel SPARE -5- VERIFICATION I verify that the statements made in the foregoing Response to Petition 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 unswom falsification to authorities. Date: December 12, 2003 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a tree and correct copy of the foregoing Response to Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Steven J. Dzuranin, Esquire Wix, Wenger & Weidner, P. C. 508 North Second Street P. O. Box 845 Harrisburg, PA 17108-0845 SNELBAKER, BRENNEMAN & SPARE, P,C. Date: December 12, 2003 By: Keith O. Brermeman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Patricia Lynn Cassel LAW OFFICES SNELBAKER, BRENNEMAN & SPARE LAW OFFICES SNELBAKeR, BRENNEMAN & SPAre PATRICIA LYNN CASSEL, Plaintiff/Petitioner V. DAVID MARK CASSEL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANL4 CIVIL ACTION - LAW NO. 2002-3681 CIVIL TERM IN CUSTODY ORDER ANDNOW, this t~[JIT, t dayof ~t-..~.. , 2003 it is hereby ORDERED that a Rule is issued upon Respondent David M. Cassel to show cause, if any he should have, why the relief requested in the Petition to Permit Discovery filed by Petitioner Patricia L. Cassel should not be granted. RULE RETURNABLE within twenty (20) days of service of this Order upon Respondent's attorney. BY THE COURT: LAW OFFICES SNELBAKeR. BRENNEMAN & SPARE PATRICIA LYNN CASSEL, Plaintiff/Petitioner V. DAVID MARK CASSEL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002-3681 CIVIL TERM : : IN CUSTODY PLAINTIFF'S PETITION TO PERMIT DISCOVERY PURSUANT TO Pa.R.C.P. 1930. S Petitioner Patricia L. Cassel, by her attorneys, Snelbaker, Brenneman & Spare, P. C, submits this Petition to permit discovery in this custody action and in support thereof states the following: 1. Petitioner is Patricia L. Cassel, an adult individual residing at 924 Allenview Drive, Mechanicsburg, Pennsylvania 17055. 2. Respondent is David M. Cassel, an adult individual residing at 104 S. 36th Street, Camp Hill, Pennsylvania, 17011. 3. Petitioner and Respondent are the parents of minor children Katelyn Casse! (age 10) and Courtney Cassel (age 7). 4. The present legal and physical custody of the parties' two minor children identified above is governed by custody orders entered by the Court dated October 15, 2002 and January 23, 2003. 5. Petitioner has primary physical custody of the parties' minor children identified in Paragraph 3, above. 6. On October 14, 2003 Respondent filed a Petition For Contempt of Custody Orders and a Petition For Modification of Custody Orders with this Court. LAW OFFICES SNELBAKER, BRENNEMaN & SPARE 7. After a Custody Conciliation was held on November 24, 2003, this Court entered an Order on November 26, 2003 scheduling a hearing to take place on February 23, 2004 at 9:30 a.m. 8. Respondent David M. Cassel was diagnosed with depression in October 1997 and at that time it was recommended that he take medication and undergo therapy for his depression. 9. Respondent in the past has failed and refused to take medication prescribed for his depression. 10. Respondent engages in aberrant, controlling and obsessive behavior during those times that he does choose to exercise his physical custody rights under the custody orders. 11. Respondent's emotional and psychological health is relevant in this case with respect to his ability to control his depression and his behavior and properly care for the parties' minor children when he has custody of them. 12. Respondent's depression and psychological problems, the extent of which are presently unknown, have a bearing on his fitness as a care provider for his children and determining the best interest of the parties' children in the custody action. 13. This case is scheduled for a hearing before this Court on February 23, 2004. 14. Pa.R.C.P. 1930.5(a) provides there shall be no discovery in custody proceedings unless authorized by Order of Court. 15. Petitioner seeks to obtain by subpoena all office notes and records of any psychiatrists, psychologists or medical professional with whom Respondent has received treatment and/or counseling for depression or other emotional or psychological problems. -2- LAW OffICES SNELBAKER, WHEREFORE, Petitioner requests this Court to enter an order: issuing a Rule upon Respondent to show cause, if any he should have, why Petitioner should not be permitted discovery into matters of his psychological treatment and counseling; permitting Petitioner to serve Interrogatories upon the Respondent requiring him to identify the names of all psychologists, psychiatrists, physicians and medical professionals that have provided treatment and counseling to Respondent; permitting the issuance of subpoenas to obtain all notes and records pertaining to any psychiatrist, psychologist, physician or healthcare professional providing treatment and counseling to Respondent; and granting such other relief as this Courts deems appropriate under the circumstances. SNELBAKER, BRENNEMAN & SPARE, P. C. )ate: December 12, 2003 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697~8528 Attorneys for Patricia L. Cassel -3- VERIFICATION I verify that the statements made in the foregoing Petition 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 falsification to authorities. Date: December 12, 2003 Patricia Lynn Casso~ LAW OFFICES SNELBAKER. BrENNEMAN & SPare LAW OFFICES SNEIBAKER. BrENNEMAN & SPAre CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Steven J. Dzuranin, Esquire Wix, Wenger & Weidner, P. C. 508 North Second Street P. O. Box 845 Harrisburg, PA 17108-0845 SNELBAKER, BRENNEMAN & SPARE, P.C. Date: December 12, 2003 By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Patricia Lynn Cassel PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant 1N THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3681 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MOTION FOR DISCOVERY CONFERENCE AND NOW, this 2nd day of January, 2004, comes Movttat/Defendant David Mark Cassel, by and through his attorneys, Joanne Harrison Clough, Esquire, of Reager & Adler, P.C., and files this Motion For Discovery Conference, and avers as follows: 1. Movant David Mark Cassel filed a Petition For Contempt of Custody Order and Petition For Modification of Custody Order on or about October 14, 2003. 2. On November 14, 2003, after a Custody Conciliation Conference was held, Defendant David Mark Cassel filed a Petition to Allow Discow~ry in Contempt of Custody and Modification of Custody Order Proceedings. A copy of said Petition to Allow Discovery is attached hereto, made part of, and incorporated by reference, as Exhibit "A." In said Petition, Petitioner requested school records, medical records, and information regarding extracurricular activities, which he was to be provided by Petitioner pursuant to the terms of the current Custody Orders of October 15, 2002 and January 23, 2003 and which Patricia Lynn Cassel has steadfastly refused to provide, in direct violation of said Orders. 3. On December 12, 2003, Plaintiff/Respondent Patricia Lynn Cassel filed a Response to Defendant's Petition to Allow Discovery, refusing; to provide any of the requested information to Petitioner David Mark Cassel, and requesting the Court to deny his Petition to Allow Discovery. A true and correct copy of Plaintiff's Response to Defendant's Petition to Allow Discovery is attached hereto, made part of, and incorporated by reference, as Exhibit "B." 4. On December 12, 2003, Patricia Lynn Cassel filed a Petition to Permit Discovery, seeking discovery regarding alleged psychological treatment and counseling of Defendant David Mark Cassel. A true and correct copy of said Petition is attached hereto, made part of, and incorporated by reference as Exhibit "C." 5. Simultaneously with the filing of this Motion For Discovery Conference, Defendant David Mark Cassel filed a Reply and New Matter to Plaintiff's Petition to Permit Discovery. A true and correct copy of said Reply and New Matter is attached hereto, made part of, and incorporated by reference as Exhibit "D." 6. The parties have been unable to resolve their discovery issues, as is clearly set forth in Plaintiff's Response to Defendant's Petition to Allow Discovery and Defendant's Reply and New Matter to Petitioner's Petition to Permit Discovery. 7. Defendant David Mark Cassel is of the belief, and therefore avers, that a Discovery Conference is necessary in this case to determine what, if any, discovery should take place prior to the Custody Trial, currently scheduled to be held on February 23, 2004, at 9:30 a.m. in the Court of Common Pleas of Cumberland County. WHEREFORE, Petitioner/Defendant David Mark Cassel respectfully requests this Honorable Court schedule a Discovery Conference to resolve t]he discovery issues in this custody action and grant any further relief this Court deems appropriate. Respectfully Subraitted, Attorney I~.D. No.: 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Defendant EXHIBIT "A" PATRICIA LYNN CASSEL, Plaintiff ! Respondent DAVID MARK CASSEL, Defendant ! Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3681 Civil Term CIVIL ACTION - LAW In Custody RULE TO SHOW CAUSE AND NOW, this day of November, 2003, upon consideration of the foregoing Petition to Allow Discovery, it is hereby ordered that (1) a Rule is entered upon the Respondent to Show Cause why the Petitioner is not entitled to the relief requested; , (2) the Respondent shall file an answer to the Petition within __ days of this date; (3) the Petition shall be decided under Pa.R.C.P. No. 206.7; (4) argument shall be held on the day of ,2003, at o'clock _. m. in Courtroom No. __ in the Cumberland County Courthouse, Carlisle, Pennsylvania. (5) notice of the entry of this order shall be provided to all parties by the Petitioner. BY ]'HE COURT: PATRICIA LYNN CASSEL, Plaintiff Vm DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. NO. 02-3681 Civil Term ,, .. CIVIL ACTION - LAW ORDER GRANTING LEAVE TO TAKE DISCOVERY AND NOW, this day of ,2003, upon consideration of the attached Petition to Allow Discovery, Petitioner, David Cassel, is hereby granted Leave of Court to conduct discovery in this matter. BY THE COURT: PATRICIA LYNN CASSEL, Plaintiff ! Respondent DAVID MARK CASSEL, Defendant ! Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. NO. 02-3681 Civil Term : . CIVIL ACTION - LAW In Custody PETITION TO ALLOW DISCOVERY IN CONTEMPT OF CUSTODY ORDER AND MODIFICATION OF CUSTODY ORDER PROCEEDINGS TO THE HONORABLE, The Judges of the Cumberland County Court of Common Pleas: Petitioner, David Mark Cassel, by his undersigned attorneys, hereby files this Petition to Allow Discovery and respectfully represents thalI: 1. Petitioner is David Cassel who currently resides at 104 S. 36th Street, Camp Hill, Pennsylvania 17011. 2. Respondent is Patricia Cassel who currently resides at 924 Allen View Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of the minor children, Katelyn Cassel (age 9) and Courtney Cassel (age 7)(the "Minor Children"), who currently reside at 924 Allen View Drive, Mechanicsburg, Pennsylvania 17055. 4. In accordance with Custody Orders entered by the Honorable Judge J. Wesley Oler, Jr. on October 15, 2002 and January 23, 2003 (the "Custody Orders"), David Cassel and Patricia Cassel have joint legal custody of the Ivlinor Children, Patricia Cassel has primary physical custody of the Minor Children, and David Cassel has partial physical custody of the Minor Children. 5. On October 14, 2003, Petitioner filed a Petition for Contempt of Custody Orders and a Petition for Modification of Custody Orders with the Cumberland County Court of Common Pleas. 6. In his Petition for Contempt of Custody Orders and Petition for Modification of Custody Orders, the Petitioner asks this Court to find the Respondent in contempt of the Custody Orders and to modify the current Custody Orders. 7. Respondent refuses to communicate with the Petitioner regarding the Minor Children's physical and social development, including the state of the Minor Children's health, the progress of the Minor Children in school, or the participation of the Minor Children in extra-curricular and other organized social activities. 8. Petitioner has found it difficult to obtain any information concerning the health and welfare of the Minor Children from the Respondent because the Respondent refuses to communicate with the Petitioner and intentionally withholds important information regarding the health, welfare and activities of the Minor Children from the Petitioner. 9. Respondent attempts to thwart Petitioner's physical custody of the Minor Children on a regular and recurring basis and regularly poi-~ons the Minor Children's views of the Petitioner through derogatory and disparaging comments about the Petitioner. 10. It is in the best interests of the Minor Children that the Petitioner participates in the Minor Children's physical and social development and that the Respondent ceases in her attempts to thwart such participation and involvement. 11. In order to obtain a true and correct determinatio~n of the Minor Children's best interests and allow the Petitioner to consider and promote the Minor Children's best interests, it is necessary that the Petitioner be allowed to discover the following documents and information: (a) the Minor Children's report cards from thE; last year and all correspondence during the last school year and the present school year sent by the Minor Children's school to the Re-~;pondent, (b) the names and places where the Minor Children participate in any extra-curricular school activities or any other organized social groups and any reports or correspondence from such groups that relates to the Minor Children's participation in such groups, (c) health records from the last year issued by any health care provider, including hospitals, doctor and dentist offices, or school health workers, that in any way relates to the Minor Children, (d) any other documents that are evidence of important life events and decisions for the Minor Children; The above documents and information are necessary so that the Petitioner can participate in and promote the Children's best interests and so that the Petitioner can prepare for and prosecute his request for modification and oontempt of the current Custody Orders. 12. In order to obtain a true and correct determination of the Respondent's violation of the current Custody Order; Petitioner seeks to discover: la) phone records of the Respondent, detailing calls made and received on both the home phone and cell phone, as evidence that the Respondent regularly hangs-up when Petitioner calls to speak to the Minor Children or refuses to answer the phone when Petitioner calls to speak to the Minor Children, lb) police reports from the Upper Allen Township Police Department relating to two incidents where the Respondent refused to allow Petitioner to take physical custody of the Minor Children when he was entitled to custody under the current Custody Orders. The Upper Allen Township Police Department refuses to release said reports unless it receives a subpoena therefore. The above documents are necessary as evidence of Respondent's willful violation of the current Custody Order. 13. The discovery requested by this Petition will also assist the Court in obtaining a true determination of the best interests of the Minor Children and a true determination of Respondent's violation of the current Custody Orders; therefore, the Court will be able to make a just and fair determination of Respondent's contempt of Custody Orders and appropriately modify the current Custody Orders. 14. Petitioner should be granted leave of Court to engage in discovery as permitted by Pennsylvania Rules of Civil Procedure 4001 et. seq. 15. If Petitioner's request for discovery is not granted, his ability to proceed in the Contempt and Modification matters will be prejudiced. WHEREFORE, pursuant to Pennsylvania Rules of Civil Procedure 1915.5(c) and 1930.5, and Cumberland County Rule of Procedure 4001-1, Petitioner, David Cassel, requests this Honorable Court to grant Leave of Court to conduct discovery in connection with the Petition for Contempt and Petition for Modification matters. Date: Respectfully submitted, WiX, V'C~NGER & WEIDNER, P.C. ,.~[~phe~ d. Dzu~ni ,r~)Esq. I.D. # 52653 ,,80/8 North Sec(:~hd Street /,.P'.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Petitioner PATRICIA LYNN CASSEL, Plaintiff ! Respondent DAVID MARK CASSEL, Defendant ! Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . .' NO. 02-3681 Civil Term .. .. CIVIL ACTION - LAW In Custody VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Date: ~/~.~-1/,- 0 '~ ,~,,,,J ,,,,~,,, ,~.~,,..,~C~ Petitioner F:~pgh\Casse11313-10271.2~Petition to Allow Discovery.dco PATRICIA LYNN CASSEL, Plaintiff ! Respondent DAVID MARK CASSEL, Defendant ! Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. NO. 02-3681 Civil Term .. .. CIVIL ACTION - LAW In Custody CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Petition to Allow Discovery via first class, postage prepaid U.S. mail this day, to the following: Date: Patricia Lynn Cassel 924 Allen View Drive Mechanicsburg, PA 17055 WiX' W/I~GER & WEIDNER' i'C'By' ~' ~ Sie~l')e~/~. l;)z~[~in, ~q. I.D. #52653 5¢8/No1~' Bortx~8S4.~con~ StrUt Harrisburg, PA 17108 - 0845 (717) 234 - 4182 Attorney for Petitioner EXHIBIT "B" LAW OFFICE~ SNELBAKER, BRENNEMAN & Spare PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendanl 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3681 CIVIL TERM IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO ALLOW DISCOVERY PlaintiffPatricia Li Cassel, by her attorneys, Snelbaker, Brenneman pa~:~ P. -, submits this response to Defendant's Petition to allow discovery as follows' 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted only that Defendant on October 14, 2003 filed a Petition For Contempt of Custody Orders ("Petition For Contempt") and a Petition For Modification of Custody Orders ("Petition For Modification"). With respect to the Petition For Contempt, the allegations therein are denied as containing various untruths and distortions of fact which serve no basis for the relief Defendant requests',. With respect to the Petition For Modification, Defendant seeks once again to modify the parties' existing custody arrangement solely to accommodate his work schedule and the schedule of his girlfriend without any regard for the wellbeing, needs and routine of his minor children. 6. Admitted. By way of further reply, the averments of Paragraph 5, above, of this Response are incorporated by reference herein. LAW OFFIC*ES SNELBAKER. BRENNEMAN & SPARE 7. Denied. It is denied that Respondent (Plaintiff,~ refuses to communicate with Defendant regarding the physical and social development of the minor children including their health. It is further denied that Plaintiff refuses to commrmicate with Defendant regarding the children's progress in school or their participation in extra-curricular activities and social activities. On the contrary, Plaintiff communicates with Defendant on the foregoing matters. By way of further reply, consistent with Defendant's abject failure to exercise his rights to custody under the current applicable custody orders, Defendant fa!ils to make any efforts to obtain information on the foregoing matters which is readily available to him directly from the :hildren's doctor(s) and school. 8. Denied. It is denied that Plaintiff has refused to communicate with Defendant or has intentionally withheld information r.egarding the minor children from Defendant. It is denied Petitioner has found it "difficult" to obtain information for the reason that he fails to make any reasonable effort to obtain information available to him from third parties, including doctor(s) and the children's school. The averments of Paragraph 7, above, of this Response are incorporated by reference herein. 9. Denied. It is denied Plaintiff attempts to thwart Defendant's custody of the minor children or "poisons" the children's views of Petitioner tlu'ough derogatory or disparaging comments about Defendant. 'On the contrary, Defendant consistently fails to exercise his periods of custody permitted him under the existing custody orders and allows h/s work to thwart his :ustody of his children by placing his work schedule above having custody of his children and their wellbeing, Finally, Defendant is poisoning his children's view of him by his aberrant behavior, peculiar personal habits and obsessive acts when he chooses to exercise custody, which -2- LAW OFFICE~ SNELBAKER. BRENNEMAN & SPARE result in the children not wanting to spend time with their father. 10. Admitted in part; denied in part. It is admitted only that under the circumstances of custody by competent parent and caregiver who desires to spend time with his or her children, it would be in the best interest of the children for the parent to participate in their development. It is denied it is necessarily in the best interest of the parties' children that Defendant participate in their physical and social development or that Plaintiff has thwarted or attempted to thwart Defendant's involvement for the reasons set forth in Paragraph 9, above, the averments of which Paragraph are incorporated by reference herein. 11. Denied. It is denied that Defendant needs any of the documents or information identified through discovery in order to determine or promote the children's best interests. It is also denied that the information and documents requested are necessary for Defendant to prepare for or prosecute the Petition For Contempt or Petition For Modification. With respect to the category of documents and information sought by Defendant as identified in Paragraphs 1 l(a) through 11 (d), Plaintiff responds as follows: (a) Defendant has the minor children's report cards for the last year. Any correspondence or information about the cl~ldren, their grades and communications are available to Defendant directly from the school without the need for the court to approve discovery;. (b) Ail such information is known to Defendant since he attends, on occasion, the children's extra-curricular activities. It lis inconceivable what discovery Defendant needs on these topics to prepare for either the contempt or modification proceeding; (c) All such information is available to Defendant directly without an order for discovery from the court. To the extent Defendant seeks to obtain an order to allow discovery in order to require Plaintiffto obtain the information for Defendant, such a process is improper and vexatious and should be sanctioned by the Court; and -3- (d) The category of documents identified is ur~:easonably vague and for this reason alone, discovery should be denied. 12. Denied. It is denied that Defendant needs any of the documents identified in Paragraph 12 in order t° obtain any determination of a violation by Plaintiff of the current custody order or to establish evidence of any willful viOlation of the current custody order. It is denied, to the extent it is expressed or implied, that Plaintiff either willfully or otherwise violated the current custody order. With respect to the categories of documents sought by Defendant as identified in Paragraph 12(a) and Co), Plaintiff responds as follows: (a) No telephone records of Plaintiff, whether of her home phone or cell phone, depict (i) the telephone number of the caller or (ii) would indicate or note her alleged refusal to answer the telephone when called. Further, records of calls made from the telephones would not provide or reveal "evidence that the Respondent regularly hangs-up when Petitioner calls" to speak to the children. Accordingly, such records are useless to support what Defendant is attempting to prove; Co) The police reports sought would be hearsay and inadmissible. The best evidence may be the police officers that purportedly were involved. Those officers are known to Defendant and may be interviewed and contacted as wimesses. 13. Denied. For the reasons set forth is Paragraph 11 and 12, above, of this Response, it ~hat it is either necessary to grant the Defendant's request to engage in discovery or that equests is relevant to or will assist in a determination with respect to the Petition For and Petition For Modification. 14. Denied. It is denied Defendant should be grouted leave to engage in the discovery uested for the reasons set forth in this Response, the Paragraphs of which are incorporated by LAW OFFICES SNELBAKER, BRENNEMAN & SPaRe 15. Denied. The discovery sought by Defendant is either available to him without leave -4- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE of court or wholly irrelevant or useless with respect to what Defendant expects to establish by such discovery; accordingly, there is no prejudice to Defendant if his discovery request is not granted. WHEREFORE, Plaintiff requests this Court to deny Defendant's Petition for leave to conduct discovery, dismiss his Petition with prejudice and award costs and attorney's fees incurred by Plaintiff. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: December 12, 2003 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Patricia L. Cassel -5- SNELBAKER. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Response to Petition are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities~ Patricia Lym~ Cas~l Date: Decernher 12, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby c, ertify that I have, on the below date, caused a tree and correct copy of the foregoing Response to Petition to be served upon the >erson and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Steven J. Dzuranin, Esquire Wix, Wenger & Weidner, P. C. 508 North Second Street P. O. Box 845 Harrisburg, PA 17108-0845 SNELBAKER, BRENNEMAN & SPARE, P.C. )ate: December 12, 2003 By: Keith O. Brermeman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Patricia Lynn Cassel EXHIBIT "C" LAW OFFICES SNELBAKER. ~RENNEMAN & SPARE PATRICIA LYNN CASSEL, Plaintiff/Petitioner DAVID MARK CASSEL, Defendant/Respondent AND NOW, this : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2002-3681 CIVIL TERM : IN CUSTODY ORDER day of ,~. ,2003 it is hereby ORDERED that a Rule is issued upon Respondent David M. Cassel to show cause, if any he should have, why the relief requested in the Petition to Permit Discovery filed by Petitioner Patricia L. Cassel should not be granted. RULE RETURNABLE within twenty (20) days of service of this Order upon Respondenfs attorney. BY THE COURT: TI[UE COPY FROM P, ECOED · itl T~,~t!mcm¥ wh.ere~f, I here unto set my hand en~the se~t of se. id/Court at.C..~flisle, Pa. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE PATRICIA LYNN CASSEL, Plaintiff/Petitioner DAVID MARK CASSEL, DefendanffRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 2002-3681 CIVIL TERM : : IN CUSTODY ORDER AND NOW, this day of ,2003 it is hereby ORDERED that a Rule is issued upon Respondent David M. Cassel to show cause, if any he should have, why the relief requested in the Petition to Permit Discovery filed by Petitioner Patricia L. Cassel should not be grante& RULE RETURNABLE within twenty (20) days of service of this Order upon Respondent's attorney. BY THE COURT: BRENNEMAN & SPARE PATRICIA LYNN CASSEL, Plaintiff/Petitioner DAVID MARK CASSEL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 2002-3681 CIVIL TERM IN CUSTODY PLAINTIFF'S PETITION TO PERMIT DISCOVERY PURSUANT TO Pa.R.C.P. 1930.5 Petitioner Patricia L. Cassel, by her attorneys, Snelbaker, Brenneman & Spare, P. C, submits this Petition to permit discovery in this custody action and in support thereof states the following: ' c'~ c~ 1. Petitioner is Patricia L. Cassel, an adult individual residing at 92~ten¥C~w 19~iVe, 2. Respondent is David M. Cassel, an adult individual residing at i~'"S. 2~ St~.A24~' Camp Hill, Pennsylvania, 17011. ~ 3. Petitioner and Respondent are the parents of rninor children Katelyn Cassel (age 10) and Courtney Cassel (age 7). 4. The present legal and physical custody of the parties' two minor children identified above is governed by custody orders entered by the coUrt dated October 15, 2002 and January 23, 2003. 5. Petitioner has primary physical custody of the parties' minor children identified in Paragraph 3, above. 6. On October 14, 2003 Respondent filed a Petition For Contempt of Custody Orders and a Petition For Modification of Custody Orders with this Court. SNeLBAKER, BRENNEMAN & SPARE 7. After a Custody Conciliation was held on November 24, 2003, this Court entered an Order on November 26, 2003 scheduling a heating to take place on February 23, 2004 at 9:30 a.m. 8. Respondent David M. Cassel was diagnosed with depression in October 1997 and at that time it was recommended that he take medication and undergo therapy for his depression. 9. Respondent in the past has failed and refused to take medication prescribed for his depression. ~-- 10. Respondent engages in aberrant, controlling and obsessive behavior during those times that he does choose to exercise his physical custody fights under the custody orders. I 1. Respondent's emotional and psychological health is relevant in this case with respect to his ability to control his depression and his behavior and properly care for the parties' minor children when he has custody of them. 12. Respondent's depression and psychological problems, the extent of which are presently unknown, have a bearing on his fitness as a care provider for his children and determining the best interest of the parties' children in the custody action. 13. This case is scheduled for a hearing before this Court on February 23, 2004. 14. Pa.R.C.P. 1930.5(a) provides there shall be no discovery in custody proceedings unless authorized by Order of Court. 15. Petitioner seeks to obtain by subpoena all off[ce notes and records of any )sychiatrists, psychologists or medical professional with whom Respondent has received xeatment and/or counseling for depression or other emoti[onal or psychological problems. -2- SNELBAKER. BRENNEMAN & SPA~E WHEREFORE, Petitioner requests this Court to enter an order: issuing a Rule upon Respondent to show cause, if any he should have, why Petitioner should not be permitted discovery into matters of his psychological treatment and counseling; permitting Petitioner to serve Interrogatories upon the Respondent requiring him to identify the names of all psychologists, psychiatrists, physicians and medical professionals that have provided treatment and counseling to Respondent; permitting the issuance of subpoenas to obtain all notes and records pertaining to any psychiatrist, psychologist, physician or healthcare professional Providing treatment and counseling to Respondent; and granting such other relief as this Courts deems appropriate under the circumstances. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: December 12, 2003 Keith O. Brenneman, Esquire 44 W. Main Strleet Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Patricia L. Cassel -3- LAW OFFICES SNELBAKER. ~RENNEMAN & SPARE VERIFICATION' I verify that the statements made in the foregoing Petition 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 unswom falsification to authorities. Patricia Ly~m Cass~ Date: December 12, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a tree and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Steven J. Dzuranin, Esquire: Wix, Wenger & Weidner, I~. C. 508 North Second Street P. O. Box 845 Harrisburg, PA 17108-0845 ' SNELBAKER, .BP,/ENNEMAN & SPARE, P.C. Date: By: Dec~,.mher 12, 2003 Keith O. Brenneman, Esquire 44 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Patricia Lynn Cassel EXHIBIT "D" PAT1LICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3681 CIVIL TERM CIVIL ACTION -- LAW 1N CUSTODY DEFENDANT'S REPLY AND NEW MATTER TO PLAINTIFF'S PETITION TO PERMIT DISCOVERY AND NOW, this 2nd day of January, 2004, comes Defendant/Respondent David Mark Cassel, by and through his attorneys, Joanne Harrison Clough, Esquire, of Reager & Adler, P.C., and files this Reply to Plaintiff's Petition to Permit Discovery, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It it admitted that, shortly prior to the parties' separation in 1997, Respondent David Cassel was diagnosed with depression. It is further averred that, after Respondent separated from Petitioner Patricia Lynn Cassel, all of his depression symptoms ended. It is denied that Respondent David Mark Cassel suffers from depression or has been prescribed medication or therapy post-separation. 9. Denied. It is specifically denied that David Cassel failed to take medication for depression, as prescribed. To the contrary, his symptoms of depression were resolved after separation from Patricia Lynn Cassel. 10. Denied. It is specifically denied that David Cassel engages in aberrant, controlling, and/or obsessive behavior during his periods of partial custody with the parties' minor children, and strict proof thereof is demanded at time of trial. 11. Denied. It is specifically denied that Respondent David Cassel's "emotional and psychological health is relevant in this case." It is further denied that Respondent David Cassel suffers from depression or an inability to control his behavior and/or properly care for the parties' minor children when he has custody of them. Strict proof thereof is demanded at time of trial. 12. Denied. It is specifically denied that Respondent currently suffers from depression or has psychological problems. To the contrary, Respondent was diagnosed with depression prior to the parties' separation six (6) years ago and, after separating from Patricia Lynn Cassel, all his symptoms of depression disappeared. He has not needed any treatment for depression or any other psychological issues for the past six (6) years. It is further denied that there is any depression or psychological problem that has any beating on his fitness as a care provider for his children. Strict proof thereof is demanded at time of trial. 13. Admitted. 14. Admitted. 15. Denied. It is specifically denied that Petitioner Patricia Lynn Cassel is entitled to the information that she has requested in her Petition to Permit Discovery. By way of further explanation, such discovery requests would be fruitless because R.espondent David Cassel has had no treatment for depression and/or emotional or psychological issues since immediately prior to separating from Patricia Lynn Cassel. Once the parties separt, ted six (6) years ago, all symptoms of depression vanished. Respondent David Cassel has not been under the care of any psychologist, psychiatrist, or medical professional for any treatment or counseling for any emotional or psychological issues. WHEREFORE, Respondent David Mark Cassel respectfully requests this Honorable Court deny Petitioner's request for discovery as set forth in her petition filed on December 12, 2003. NEW MATTER 16. Paragraphs 1 through 15 are incorporated by reference as if set forth fully herein. 17. Petitioner Patricia Lynn Cassel's request for discovery regarding alleged depression or emotional issues of Respondent appears to be disingenuous since she did not raise this issue as a concern at the time of the Custody Conciliation Conference, nor did she request any psychological or custody evaluation in this action. 18. Petitioner's Petition to Permit Discovery seems to be retaliatory in nature since it was filed after Defendant's Petition to Allow Discovery, wherein David Cassel simply seeks school records, medical records, and information regarding extracurricular activities, which he was to be provided by Petitioner pursuant to the terms of the cun:ent Custody Orders of October 15, 2002 and January 23, 2003 and which Patricia Lynn Cassel l~.as steadfastly refused to provide, in direct violation of said Custody Orders. A true and correct copy of David Cassel's Petition to Allow Discovery is attached hereto as Exhibit "A." 3 19. Petitioner Patricia Lynn Cassel's discovery requests seem particularly vexatious, in light of the fact that she has raised serious allegations that Respondent has "aberrant, controlling and obsessive behavior" and depression and/or other emotional problems effecting his ability to provide for their minor children during his periods of partial custody, when she failed to raise this as an issue at the Custody Conciliation Conference and there have been absolutely no incidents alleged in which Respondent David Cassel's mental or emotional health has ever been called into question, with the sole exception of the fact that he sought medical treatment from a family doctor for depression symptoms he was experiencing as his marriage deteriorated, immediately prior to his separation from Petitioner. WHEREFORE, Respondent David Cassel respectfully requests this Honorable Court deem Petitioner Patricia Lynn Cassel's discovery requests vexat:[ous and retaliatory and without any basis in fact, deny the discovery requests, grant Respondent David M. Cassel an award of the reasonable counsel fees, costs and expenses he incurred for responding to the bad faith Petition to Permit Discovery filed by Plaintiff, and grant any other relief this Court deems appropriate. Respectfully Submitted, JO"~'qE HARRISON CLQUG, H, ESQUIRE Attorney I.D. No.: :36461 ". ~ 2331 Market Street ~M] Camp Hill, PA 17011 (717) 763-1383 Attorneys for Defendant 4 VERIFICATION I, David Mark Cassel, verify that the statements made in the foregoing pleading are tree 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. Section 4904, relating to unswom falsification to authorities. Date: 1 c¢- ,,~-~D ~/Q,'~// David Mark Cassel CERTIFICATE OF SERVIC~E I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 JONSON CLO~ EXHIBIT "A" PATRICIA LYNN CASSEL, Plaintiff ! Respondent · V. DAVID MARK CASSEL, Defendant ! Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3681 Civil Term CIVIL ACTION - LAW In Custody RULE TO SHOW CAUSE AND NOW, this day of November, 2003, upon consideration of the foregoing Petition to Allow Discovery, it is hereby ordered that (1) a Rule is entered upon the Respondent to Show Cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an answer to the Petition within __ date; (3) the Petition shall be decided under Pa.R.C.P. No. 206.7; (4) argument shall be held on the day of ,2003, at o'clock __. m. in Courtroom No. __ in the Cumberl~nd County Courthouse, Carlisle, Pennsylvania. (5) notice of the entry of this order shall be provided to all parties by the Petitioner. days of this BY THE COURT: .J. PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ,, NO. 02-3681 Civil Term _. .. CIVIL ACTION - LAW ORDER GRANTING LEAVE TO TAKE DISCOVERy AND NOW, this day of ,2003, upon consideration of the attached Petition to Allow Discovery, Petitioner, David Cassel, is hereby granted Leave of Court to conduct discovery in this matterl BY THE COURT: PATRIClA LYNN CASSEL, Plaintiff / Respondent DAVID MARK CASSEL, Defendant ! Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3681 Civil Term CIVIL ACTION - LAW In Custody PETITION TO ALLOW DISCOVERY IN CONTEMPT OF CUSTODY ORDER AND MODIFICATION OF CUSTODY ORDER PROCEEDINGS TO THE HONORABLE, The Judges of the Cumberland County Court of Common Pleas: Petitioner, David Mark Cassel, by his undersigned attorneys, hereby files this Petition to Allow Discovery and respectfully represents that: 1. Petitioner is David Cassel who currently resides ali 104 S. 36th Street, Camp Hill, Pennsylvania 17011. 2. Respondent is Patricia Cassel who currently resides at 924 Allen View Drive, Mechanicsburg, Pennsylvania 17055. 3. The parties are the parents of the minor children, Katelyn Cassel (age 9) and Courtney Cassel (age 7)(the "Minor Children"), who currently reside at 924 Allen View Drive, Mechaniosburg, Pennsylvania 17055. 4. in accordance with Custody Orders entered by th(; Honorable Judge J. Wesley Oler, Jr. on October 15, 2002 and January 23, 2003 (the "Custody Orders"), David Cassel and Patricia Cassel have joint legal custody of the Minor Children, Patricia Cassel has primary physical custody of the Minor Children, and David Cassel has partial physical custody of the Miner Children. · 5. On October 14, 2003, Petitioner filed a Petition for Contempt of Custody Orders and a Petition for Modification of Custody Orders with the Cumberland County Court of Common Pleas. 6. in his Petition for Contempt of Custody Orders and Petition for Modification of Custody Orders, the Petitioner asks this Court to find the Respondent in contempt of the Custody Orders and to modify the current Custody Orders. 7. Respondent refuses to communicate with the Petitioner regarding the Minor Children's physical and social development, including the state of the Minor Children's 13ealth, the progress of the Minor Children in school, or the participation of the Minor Children in extra-curricular and other organized social activities. 8. Petitioner has found it difficult to obtain any info[mation concerning the health and welfare of the Minor Children from the Respondent because the Respondent refuses to communicate with the Petitioner and intentionally withholds important information regarding the health, welfare and activities of thE; Minor Children from the Petitioner. 9. Respondent attempts to thwart Petitioner's physical custody Of the Minor Children on a regular and recurring basis and regularly poisons the Minor Children's views of the Petitioner through derogatory and disparaging comments about the Petitioner. 10. It is in the best interests of the Mihor Children that the Petitioner participates in the Minor Children's physical and social development and that the Respondent ceases in her attempts to thwart such participation and involvement. 11. In order to obtain a'true and correct determination of the Minor Children's best interests and allow the Petitioner to consider and promote the Minor Children's best interests, it is necessary that the Petitioner be allowed to discover the following documents and information: (a) the Minor Children's report cards from the last year and all correspondence during the last school year and the present school year sent by the Minor Children's school to the Respondent, (b) the names and places where the Minor Children participate in any extra-curricular school activities or any other organized social groups and any reports or correspondence from such groups that relates to the Minor Children's participation in such groups, (c) health records from the last year issued by any health care provider, including hospitals; doctor and dentist offices, .or school health workers, that in any way relates to the Minor Children, (d) any other documents that are evidence of important life events and decisions for the Minor Children; The above documents and information are necessary so that the Petitioner Can participate in and promote the Children's best interests and so that the Petitioner can prepa[e for and prosecute his request for modification and contempt of the current Custody Orders. 12. In order to obtain a true and correct determination of the Respondent's violation of the current Custody Order; Petitioner seeks to discover: (a) phone records of the Respondent, detailing calls made and received on both the home phone and cell phone, as evidence that the Respondent regularly hangs-up When Petitioner calls to speak to the Minor Children or refuses to answer the phone when Petitioner calls to speak to the Minor Children, (b) police reports from the Upper Alien Township Police Department relating to two incidents where the Respondent refused to allow Petitioner to take physical custody of the Minor Children when he was entitled to custody under the current Custody Orders. The Upper Allen Township Police Department refuses to release said reports unless it receives a subpoena therefore. The above documents are necessary as evidence'of Respondent's willful violation of the current Custody Order. 13. The discovery requested by this Petition will also assist the Court in obtaining a true determination of the best interests of the Minor Children and a true determination of Respondent's violation of the current Custody Orders; therefore, the Court will be able to make a just and fair determination of Respondent's contempt of Custody Orders and appropriately modify the current Custody Orders. 14. Petitioner should be granted leave of Court to engage in discovery as permitted by Pennsylvania Rules of Civil Procedure 4001 et. seq. 15. If Petitioner's request for discovery is not granted, his ability to proceed in the Contempt and Modification matters will be prejudiced. WHEREFORE, pursuant to Pennsylvania Rules of CMl Procedure 1915.5(c) and 1930.5, and Cumberland County Rule of Procedure 4001-1, Petitioner, David Cassel, requests this Honorable Court to grant Leave of Court to conduct discovery in connection with the Petition for Contempt and Petition for Modification matters. bate: Respectfully submitted, WIX,~~~NGER & WEIDNER,: P.C. ~he~ J. Dzu~ani ,r~)Esq. I.D. # 52653 ,~0/8 North Sec(:~,hd Street /,,P'.O. Box 845 Harrisburg, PA 17108-0845 (717) 234~4182 Attorney for Petitioner PATRICIA LYNN CASSEL, Plaintiff / Respondent V. : : DAVID MARK CASSEL, : Defendant ! Petitioner : : : IN THE COURT 0F COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3681 Civil Term CIVIL ACTION - LAW In Custody yERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Petitioner F:~gh\Cassel 1313-10271.2~Petltion to Allow Discove~y.doc PATRICIA LYNN CASSEL, Plaintiff / Respondent DAVID MARK CASSEL, Defendant /Petitioner : IN THE COURT oFCOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. _, NO. 02-3681 Civil Term ,, ,, CIVIL ACTION - LAW In Custody CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Petition to Allow Discovery via first class, postage prepaid U.S. mail this day, to the following: Date: Patricia Lynn Cassel 924 Allen View Drive Mechanicsburg, PA 17055 WiX , .C. By: . 5(~/~lort~ Secon~ StrMt FcrO. Box 84.5 Harrisburg, PA 17108 - 0845 (717) 234 - 4182 Attorney for Petitioner PATRICIA LYNN CASSEL, Plaintiff V4 DAVID MARK CASSEL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3681 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S REPLY AND NEW MATTER TO PLAINTIFF'S PETITION TO PERMIT DISCOVERY AND NOW, this 2® day of January, 2004, comes Defendant/Respondent David Mark Cassel, by and through his attorneys, Joanne Harrison Clough, Esquire, of Reager & Adler, P.C., and files this Reply to PlaintifFs Petition to Permit Discovery, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It it admitted that, shortly prior to the parties' separation in 1997, Respondent David Cassel was diagnosed with depression. It is further averred that, after Respondent separated from Petitioner Patricia Lynn Cassel, all of his depression symptoms ended. It is denied that Respondent Day:id Mark Cassel suffers from depression or has been prescribed medication or therapy post-separation. 9. Denied. It is specifically denied that David Cassel failed to take medication for depression, as prescribed. To the contrary, his symptoms of depression were resolved after separation from Patricia Lynn Cassel. 10. Denied. It is specifically denied that David Cassel engages in aberrant, controlling, and/or obsessive behavior during his periods of partial custody with the parties' minor children, and strict proof thereof is demanded at time of trial. 11. Denied. It is specifically denied that Respondent David Cassel's "emotional and psychological health is relevant in this case." It is further denied that Respondent David Cassel suffers from depression or an inability to control his behavior and/or properly care for the parties' minor children when he has custody of them. Strict proof thereof is demanded at time of trial. 12. Denied. It is specifically denied that Respondertt currently suffers from depression or has psychological problems. To the contrary, Respondent was diagnosed with depression prior to the parties' separation six (6) years ago and,, after separating from Patricia Lynn Cassel, all his symptoms of depression disappeared. He has not needed any treatment for depression or any other psychological issues for the past six (6) years. It is further denied that there is any depression or psychological problem that has any bearing on his fitness as a care provider for his children. Strict proof thereof is demanded at time of trial. 13. Admitted. 14. Admitted. 15. Denied. It is specifically denied that Petitioner Patricia Lynn Cassel is entitled to the information that she has requested in her Petition to Permit Discovery. By way of further explanation, such discovery requests would be fruitless because Respondent David Cassel has 2 had no treatment for depression and/or emotional or psychological issues since immediately prior to separating from Patricia Lynn Cassel. Once the parties separated six (6) years ago, all symptoms of depression vanished. Respondent David Cassel has not been under the care of any psychologist, psychiatrist, or medical professional for any treatment or counseling for any emotional or psychological issues. WHEREFORE, Respondent David Mark Cassel respectfully requests this Honorable Court deny Petitioner's request for discovery as set forth in her petition filed on December 12, 2003. NEW MATTER 16. Paragraphs 1 through 15 are incorporated by refi.'rence as if set forth fully herein. 17. Petitioner Patricia Lynn Cassel's request for discovery regarding alleged depression or emotional issues of Respondent appears to be disingenuous since she did not raise this issue as a concern at the time of the Custody Conciliation Conference, nor did she request any psychological or custody evaluation in this action. 18. Petitioner's Petition to Permit Discovery seems to be retaliatory in nature since it was filed after Defendant's Petition to Allow Discovery, wherein David Cassel simply seeks school records, medical records, and information regarding extracurricular activities, which he was to be provided by Petitioner pursuant to the terms of the current Custody Orders of October 15, 2002 and January 23, 2003 and which Patricia Lynn Cassel has steadfastly refused to provide, in direct violation of said Custody Orders. A true and correct copy of David Cassel's Petition to Allow Discovery is attached hereto as Exhibit "A." 3 19. Petitioner Patricia Lynn Cassel's discovery requests seem particularly vexatious, in light of the fact that she has raised serious allegations that Respondent has "aberrant, controlling and obsessive behavior" and depression and/or other emotional problems effecting his ability to provide for their minor children during his periods of partial custody, when she failed to raise this as an issue at the Custody Conciliation Conference and there have been absolutely no incidents alleged in which Respondent David Cassel's mental or emotional health has ever been called into question, with the sole exception of the fact that he sought medical treatment from a family doctor for depression symptoms he was experiencing as his marriage deteriorated, immediately prior to his separation from Petitioner. WHEREFORE, Respondent David Cassel respectfully requests this Honorable Court deem Petitioner Patricia Lynn Cassel's discovery requests vexatious and retaliatory and without any basis in fact, deny the discovery requests, grant Respondent David M. Cassel an award of the reasonable counsel fees, costs and expenses he incurred for responding to the bad faith Petition to Permit Discovery filed by Plaintiff, and grant any other relief this Court deems appropriate. Respectfully Submitted, REAGER & ADLER, P.C. iO-_~',IF~ HARRISON CLOUGH, ESQUIRE Attorney I.D. No.: 36461 ' 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Defi:ndant 4 VERIFICATION I, David Mark Cassel, verify that the statements made in the foregoing pleading are tree 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. Section 4904, relating to unswom falsification to authorities. David Mark Cassel ~ CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing document was served on the following individuals via Uniter[ States First Class Mail, postage prepaid as follows: Keith O. Brenneman, Esquire, 44 W. Main Street Mechanicsburg, PA 17055 Dated: EXHIBIT "A" PATRICIA LYNN CASSEL, Plaintiff ! Respondent DAVID MARK CASSEL, Defendant ! Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3681 Civil Term CIVIL ACTION - LAW In Custody RULE TO SHOW CAUSE AND NOW, this day of November, 2003, upon consideration of the foregoing Petition to Allow Discovery, it is hereby ordered that (1) a Rule is entered upon the Respondent to Show .Cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an answer to the Petition within __ days of this date; (3) the Petition shall be decided under Pa.R.C.P. No. 206.7; (4) argument shall be held on the __ day of ,2003, at o'clock __. m. in Courtroom No. in the Cumberland County Courthouse, Carlisle, Pennsylvania. (5) notice of the entry of this order shall be provided to all parties by the Petitioner. BY THE COURT: PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. NO. 02-3681 Civil Term .. ., CIVIL ACTION - LAW ORDER GRANTING LEAVE TO TAKE DISCOVERY AND NOW, this day of ,2003, upon consideration of the attached Petition to Allow Discovery, Petitioner, David Cassel, is hereby granted Leave of Court to conduct discovery in this matterl BY THE COURT: 7. Respondent refuses to communicate with the Petitioner regarding the Minor Children's physical and social development, including the state of the Minor Children's health, the progress of the Minor Children in school, or the participation of the Minor Children in extra-curricular and other organized social activities. 8. Petitioner has found it difficult to obtain any information concerning the health and welfare of the Minor Children from the Respondent because the Respondent refuses to communicate with the Petitioner and intentionally withholds important information regarding the health, welfare and activities of the Minor Children from the Petitioner. 9. Respondent attempts to thwart Petitioner's physical custody of the Minor Children on a regular and recurring basis and regularly poisons the Minor Children's views of the Petitioner through derogatory and disparaging comments about the Petitioner. 10. It is in the best interests of the Minor Children that the Petitioner participates in the Minor Children's physical and social development ancl that the Respondent ceases in her attempts to thwart such participation and involvement. 11. In order to obtain a true and correct determination of the Minor Children's best interests and allow the Petitioner to consider and promote the Minor Children's best interests, it is necessary that the Petitioner be allowed to discover the following documents and information: (a) the Minor Children's report cards from thE.= last year and all correspondence during the last school year and the present school year sent by the Minor Children's school to the Respondent, (b) the names and places where the Minor Children participate in any extra-curricular school activities or any other organized social groups and any reports or correspondence from such groups that relates to the Minor Children's participation in such groups, (c) health records from the last year issued by any health care provider, including hospitals, doctor and dentist offices, or school health workers, that in any way relates to the Minor Children, (d) any other documents that are evidence of important life events and decisions for the Minor Children; The above documents and information are necessary so that the Petitioner can participate in and promote the Children's best interests and so that the Petitioner can prepare for and prosecute his request for modification and contempt of the current Custody Orders. 12. In order to obtain a true and correct determination of the Respondent's violation of the current Custody Order, Petitioner seeks to discover: (a) phone records of the Respondent, detailing calls made and received on both the home phone and cell phone, as evidence that the Respondent regularly hangs-up when Petitioner calls to speak to the Minor Children or refuses to answer the phone when Petitioner calls to speak to the Minor Children, (b) police reports from the Upper Allen Township Police Department relating to two incidents where the Respondent refused to allow Petitioner to take physical custody of the Minor Children when he was entitled to custody under the current Custody Orders. The Upper Allen Township Police Department refuses to release said reports unless it receives a subpoena therefore. The above documents are necessary as evidence'of Respondent's willful violation of the current Custody Order. 13. The discovery requested by this Petition will also assist the Court in obtaining a true determination of the best interests of the Minor Children and a true determination of Respondent's violation of the current Custody Orders; therefore, the Court will be able to make a just and fair determination of Respondent's contempt of Custody Orders and appropriately modify the current Custody Orders. 14. Petitioner should be granted leave of Court to engage in discovery as permitted by Pennsylvania Rules of Civil Procedure 4001 et. seq. 15. If Petitioner's request for discovery is not granted, his ability to proceed in the Contempt and Modification matters will be prejudiced. WHEREFORE, pursuant to Pennsylvania Rules of CMl Procedure 1915.5(c) and 1930.5, and Cumberland County Rule of Procedure 4001-1, Petitioner, David Cassel, requests this Honorable Court to grant Leave of Court to conduct discovery in connection with the Petition for Contempt and Petition for Modification matters. Date: Respectfully submitted, WiX, V)fENGER & WEIDNER, P.C. ~.l~he~ J. Dzu~ani ,r'~)Esq. I.D. # 52653 ,~0/8 North Sec(~hd Street //P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Petitioner PATRICIA LYNN CASSEL, Plaintiff ! Respondent Vm DAVID MARK CASSEL, Defendant / Petitioner : IN THE COURT OF CoMMoN PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3681 Civil Term CIVIL ACTION - LAW In Custody VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Petitioner F:~ogh\Casse11313-10271.2~Pet~tion to Allow Discovery,doc PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3681 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record on behalf of Defendant David Mark Cassel. Resp)e~tfully submitted, WI~/WEGNER & WEIDNER, PC · Sftomey I.~ ~qo.. _5Z653 ../~08 North Second Street Harrisburg, PA 17108-0845 (717) 234-4182 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Defendant David Mark Cassel in the above- captioned action. DATE: JOANNE HARRISON ',LC Attorney I.D. No. 3646'. \ 2331 Market Street ~- Camp Hill, PA 17011 (717) 763-1383 IGH, ESQUIRE PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-368]i CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this __~ day of___~ 2 .D~_______, 2004, upon review of Petitioner David Mark Cassel's Motion For Discovery Conference, it is hereby ORDERED and DECREED ihata Discovery Conference shall be held on the ~f-4 day of'~c~.~~ i' 2004, in Courtroom No ~ at the Cumberland County Courthous5' ~ ~../(~?, ~. BY THE COURT: :i31:J.,C~q~ PJ PATRICIA LYNN CASSEL, Plaintiff Vo DAVID MARK CASSEL, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3681 CIVIL IN CUSTODY TERM ORDER OF COURT AND NOW, this 5th day of February, 2004, upon consideration of Defendant's Petition To Allow Discovery in Contempt of Custody Order and Modification of Custody Order Proceedings, and of Plaintiff's Petition To Prevent Discovery Pursuant to Pa. R.C.P. 1930.5, and following a discovery conference held in the chambers of the undersigned judge in which Plaintiff was represented by Keith O. Brenneman, represented by Joann Harrison Clough, directed as follows: Esquire, and Defendant was Esquire, it is ordered and 1. Within 7 days of today's date, Plaintiff shall provide to Defendant's counsel copies of the children's report cards in her possession from 2004 and from the beginning of the school year in 2003, as well as a list of extra-curricular activities which are engaged in by the children, indicating the times and locations thereof. In addition, within the aforesaid 7 day period, Plaintiff shall supply to Defendant's counsel a release of medical records with respect to the children. 2. Within 7 days of today's date, Defendant shall supply in verified form to Plaintiff's counsel psychiatric and psychological records relating to his mental condition and any treatment from the date of the parties' separation in 1999, and a list of any medications prescribed for his use during that period in treatment of any mental condition or state. Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 For the Plaintiff Joanne Harrison Clough, Esquire 2331 Market Street Camp Hill, PA 17011 For the Defendant By the Court, J~Wesley pcb PATRICIA LYNN CASSEL, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DAVID MARK CASSEL, Defendant CIVIL ACTION - LAW NO. 02-3681 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of February, 2004, due to a conflict in the Court's schedule, the custody hearing previously scheduled in the above matter for February 23, 2004, is rescheduled to Friday, March 19, 2004, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Keith O. Brenneman, Esq. P.O. Box 318 44 W. Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Joanne Harrison Clough, Esq. 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Defendant :rc BY THE COURT,  /~Vesley Ol&,~Jr., J J. o~2./j-Ov' PATRICIA LYNN CASSEL, PLAINTIFF V. DAVID MARK CASSEL, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-3681 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of March, 2004, the custody hearing currently scheduled for Friday, March 19, 2004, is cancelled and rescheduled to Thursday, April 15, 2004, at 11:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar B. Bayley, J. i/~eith O. Brenneman, Esquire For Plaintiff [/~oanne Harrison Clough, Esquire For Defendant :sal PATRICIA LYNN CASSEL, Plaimiff DAVID MARK CASSEL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COLINTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3681 CIVIL TERM ORDER OF COURT AND NOW, this 8~ day of April, 2004, it ordered and directed that the custody hearing previously scheduled in the above matter for April 15, 2004, at 11:00 a.m., in Courtroom 2, is rescheduled to April 15, 2004, at 10:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J.~[3/esley oler, ty, The Honorable Edgar B. Bayley - Keith O. Brenneman, Esq. P.O. Box 318 44 W. Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff ~roanne Harrison Clough, Esq. 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Defendant :rc PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3~181 CIVIL TERM CIVIL ACTION - CUSTODY IN CUSTODY IN RE: CUSTODY/VISITATION ORDER OF COURT AND NOW, this 15th day of April, 2004, it is hereby ordered and directed as follows: 1. The Mother, Patricia Lynn Cassel and the Father, David Mark Cassel, shall have shared legal custody of Katelyn Michelle Cassel, born November 17th, 1993, and Courtney Elizabeth Cassel, born January 26th, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records. 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. They shall also, in a timely fashion, share information with each other regarding the Children's extracurricular activities, school schedule, homework, and parent-teacher conferences. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody with Katelyn and Courtney as follows: A. Commencing April 16th, 2004, alternating weekends from Friday at 6: 00 p.m. to Sunday at 7:30 p.m., and continuing thereafter on an alternating weekend schedule at the same times. In the event that Father's weekend coincides with a Monday holiday that Father is entitled to, Father may keep the Children Sunday night also. Father must notify Mother if he will be late to pick up the children, and advise Mother if his relatives will be picking up the children. B. Every Monday evening, with the children being picked up between 4:00 p.m. to 6:00 p.m. to 7:30 p.m. Father shall call Mother 24 hours in advance in the event he is unable to exercise this period of partial custody on Mondays or in the event he is able to pick the children up prior to 6 p.m. 4. Thanksgiving Day shall be split by the parties. Unless otherwise agreed by the iparties, Mother shall always have the Children from 9:00 a.m. to 3:00 p.m. and Father shall always have the Children from 3:00 p.m. to 9:00 p.m. 5. The Christmas holiday shall be split as follows: A. Mother shall hawe physical custody of the Children from Christmas Eve at 12:00 noon to Christmas Day at 10:00 a.m. and from Christmas Day at 6:00 p.m. to Christmas Day at 10:00 p.m. Father shall have physical custody of the Children from 10:00 a.m. Christmas Day to 6:00 p.m. Christmas Day and from 10:00 p.m. Christmas Day to 9:00 p.m. on December 26th. 6. Easter Day shall be split 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. The parent who has Easter weekend custody shall be entitled to the early period of Easter holiday custody, and the non-custodial weekend parent shall have the afternoon period of Easter custody. 7. Mother shall have custody of the Children on Mother's Day and Father shall have custody of the Children on Father's Day from 9:00 a.m. to 7:30 p.m.., regardless of the alternating weekend schedule. 8. The parties shall alternate the following holidays from 9:00 a.m. to 7:30 p.m., with Father having physical custody of the Children on Memorial Day and Labor Day in 2004, and even numbered years thereafter, and Mother having custody of the Children on July 4th in even numbered calender years. In odd numbered calendar years Father shall have custody of the Children on July 4th, and Mother shall have custody of the Children on Memorial Day and Labor Day. 9. Each party shall be entitled to two non-consecutive weeks of custody in the s~mmer, provided they give notice to the other party by May 30th of each calendar year of the weeks they intend to exercise said custody. The custodial parent shall provide a location and telephone number where the children can be reached during these vacation periods to the non-custodial parent. 10. Transportation shall be shared by the parties such that the receiving party shall be responsible for transportation. 11. It is understood that Father will transport the Children to their extracurricular activities or other appointments while they are in his custody. 12. The non-custodial parent is entitled to liberal telephone contact with the children. 13. Neither party shall do nor permit a third party to do or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natEral development of the Children's love and respect for the othez parent. 14. It is further ordered that the parties and the minor children shall participate in co-parent and family counseling with the psychological offices of Reigler and Shienvold and Associates. The parties recognize that the minor children are experiencing emotional diffisulties as a direct result of the co-parenting conflict that ,exists in this family, and further recognizes that the family unit will benefit from co-parent and family counseling. 15. The parties agree that each shall cooperate fully with submitting the costs for said counseling to their respective insurance carriers, and further agree that any non-covered costs shall be shared equally by the parties. 16. The Father shall be entitled to 2 hours of physical custody of each child on that child's birthday at times agreed by the parties. 17. The holiday schedule shall supersede the other non-holiday custody schedule set forth and shall take precedent over the non-holiday schedule. 18. This order supersedes and replaces the prior custody orders of October 15th, 2002, and January 23rd, 2003. It is noted that this order has been entered by agreement of the parties and their respectLve counsel in open court, and that the Defendant has agreed to file a praecipe to withdraw, without prejudice, a Petition for Contempt filed against the Plaintiff. By the Court, Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 For the Plaintiff/Respondent Joanne Harrison Clough, Esquire 2331 Market Street Camp Hill, PA 17011-4642 For the Defendant/Petitioner :mae PATRICIA LYNN CASSEL, Plaintiff DAVID MARK CASSEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3681 CIVIL TERM CIVIL ACTION[ - LAW 1N CUSTODY PRAECIPE TO WITHDRAW DEFENDANT/FATHER'S PETITION FOR CONTEMPT AND PETITION TO ENFORCE CUSTODY ORDERS WITHOUT PREJUDICE TO THE PROTHONOTARY: Please withdraw, without prejudice Defendant/Father's Petition for Contempt and Petition to Enforce Custody Orders filed by Father on October 14, 2003. Father specifically reserves the right to refile said claim at a later date. Date: Respectf~ Joanne"f[ ly submitted, rdson Clough, Esquire Attorney ID #36461 [ 2331 Market Street ~ Camp Hill, PA 17011 (717) 763-1383 Attorney for Defendant [}avid Mark Cassel CERTIFICATE OF SERVIC__E I hereby certify that on the date set forth below a tree and correct copy of the foregoing Praecipe to Withdraw Defendant/Father's Petition for Contempt and Petition to Enforce Custody Orders without Prejudice was served on the following individuals via United States First Class Mail, postage prepaid as follows: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Dated: ;quire Attorney ID No.3646 ~ 2331 Market Street ~ Camp Hill, PA 17011 (717)763-1383 Attorney for the Defendant