Metz v. Metz

83 Pa. D. & C.4th 47
CourtPennsylvania Court of Common Pleas, Beaver County
DecidedApril 13, 2007
Docketno. 20337 of 2004
StatusPublished

This text of 83 Pa. D. & C.4th 47 (Metz v. Metz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Beaver County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metz v. Metz, 83 Pa. D. & C.4th 47 (Pa. Super. Ct. 2007).

Opinion

DOHANICH, J.,

The plaintiff/father, Keith A. Metz, has filed exceptions to the proposed order entered on August 8,2005, affirming the previous orders of September 22, 2004, and April 5, 2005, awarding primary physical custody of the parties’ son, J.M., to the defendant/mother, Tammy M. Metz, and partial custody to the father.

This action was initially commenced by the father with the filing of a complaint in divorce on August 2, 2004, by which he sought a divorce and equitable distribution of marital property. To said complaint, the mother, on August 10, 2004, filed an answer and counterclaim, including a count for custody of the parties’ minor child. On August 12, 2004, the mother filed a petition for exclusive possession of the marital residence, for which the court granted her interim relief and scheduled a hearing for August 17, 2004. At the time scheduled for the hearing, the parties entered into and the court issued a consent order continuing, in effect, exclusive possession of the marital residence by the mother.

On August 17, 2004, the mother filed a petition for custody and the father filed a counterclaim for custody. On said date, the father also filed an emergency petition for special relief, alleging that the mother was exposing the child to individuals she was dating, and seeking an award of interim custody, which was denied by the court. A custody conference was scheduled for September 1, 2004, and rescheduled by consent of the parties to September 15, 2004. Following the custody conference, a proposed order was entered on September 22, 2004, [49]*49which granted primary physical custody of the child to the mother and awarded partial custody to the father every other weekend from Friday at 6 p.m. until Sunday at 6 p.m., and on Tuesday and Thursday from 5 p.m. until 8:30 p.m. during the weeks that the father did not exercise weekend visitation. The proposed order also provided for the sharing of holidays and summer vacation, and further directed the parties not to disparage each other or discuss custody issues in the presence of the child. Both parties were ordered to complete the trans-parenting seminar through Catholic Charities.

Exceptions to said proposed order were filed by the father on October 4, 2004, alleging that the order was not in the child’s best interest and that the father had been the primary caretaker prior to separation of the parties. The father, on November 30, 2004, filed a petition for contempt averring that the mother was preventing telephone contact by the father with the child. The court scheduled both a pretrial conference on the father’s exceptions and a contempt hearing on the father’s petition for February 11, 2005. Following said pretrial conference, at the request of the parties, the court scheduled a second pretrial conference for April 5,2005. As a result of the second pretrial conference, the court entered an order on April 5,2005, establishing the telephone contact time for the father, providing a location for the exchange of the child, dismissing the father’s contempt petition and entering the September 22, 2004 order as a final order.

On July 19,2005, the father filed the instant modification petition, the basis of which was that J.M. should continue to reside in Hopewell Township and attend the Hopewell Area School District. A custody conference [50]*50was conducted on August 3, 2005, following which a proposed order was entered on August 8,2005, providing that the previous orders of September 22,2004 and April 5,2005, remain in effect without modification. From this proposed order, the father filed exceptions alleging that the order was not in the child’s best interest and the custody officer failed to fully consider all the evidence.

By order of September 12, 2005, the court scheduled a pretrial conference for November 9, 2005, on the father’s exceptions. A second pretrial conference was scheduled by order of December 5, 2005, to be held on February 22, 2006, with the trial scheduled for March 23, 2006. On December 5, 2005, the court also entered an order by agreement of the parties to have a psychological evaluation of the child and the parents conducted by Mark King, Ph.D. A consent order was issued on February 22, 2006, rescheduling the pretrial conference to May 2,2006, and the trial to May 16,2006, due to the psychological evaluation having not been completed. The pretrial conference was again rescheduled by order of April 27, 2006, to June 5, 2006, and the trial was rescheduled to June 29, 2006, because Dr. King required additional time to complete his report.

The father filed a petition for special relief on May 16, 2006, for which the court issued an order directing that the mother’s daughter by a prior marriage and the parties’ son be made available for interview by Dr. King. A motion to continue the trial was presented by the father on June 22,2006, by reason of the unavailability of Dr. King, and the trial was rescheduled to August 10, 2006. The court again continued the trial at the request of new counsel for the mother by order dated August 3, 2006, to October 19,2006. The court, sua sponte, rescheduled [51]*51the trial to October 24, 2006, at which time both parties were present with counsel and presented evidence. Said healing was not concluded and subsequently resumed on November 20, 2006, and February 26, 2007, when the proceedings were completed.

FINDINGS OF FACT

(1) The father, Keith A. Metz, is 37 years of age and resides alone in Hopewell Township, Beaver County, Pennsylvania.

(2) The father has resided at his present address since July 1, 2005.

(3) The father’s residence is a condominium consisting of two bedrooms, a kitchen, a dining room, a living room and a basement containing 1,100 square feet.

(4) The father is a high school graduate who also attended trade school and has earned a certificate as a machine shop technician.

(5) The father is employed with R & T Machine in Ambridge, Pennsylvania, as a machinist, where he has worked for approximately 12 years and presently earns $21 per hour.

(6) The father’s hours of employment are from 8 a.m. until 4:30 p.m., Monday through Friday.

(7) Until June 2005, the father’s employer provided health insurance for the entire family; however, the father’s employer, due to a substantial increase in cost, currently carries health insurance only for the father.

(8) The father is presently in good health.

(9) The father has failed to complete the transparenting seminar as required by the proposed order.

[52]*52(10) The father’s mother, D.M., resides in Kennedy Township, Allegheny County, Pennsylvania.

(11) The father’s father lives in Erie, Pennsylvania.

(12) The mother, Tammy M. Metz, age 37, resides in Ohioville, Beaver County, Pennsylvania.

(13) The mother has resided with the parties’ minor son, J.M., at said address since June 2005.

(14) When relocating to her current residence with J.M., the mother failed to advise the father of her new address; the father learned of the relocation through the parties’ son.

(15) Since the mother’s relocation to Ohioville, the parties have mutually agreed that the custody exchange take place at the Midland Post Office in Midland, Pennsylvania.

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Bluebook (online)
83 Pa. D. & C.4th 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metz-v-metz-pactcomplbeaver-2007.