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Home My WebLink About96-02788 '-1 , , -I IiI ( '" ~ .. -- , .~ " , ~ , , " ~)I.",. '"'" j " " " ," " ", " , , ) . ;' /' /'" .. ' " "I' r i i , " " " , ' , ' , ' , I ,'I' , , " '. " , . 1'\ iT , - '-1'/ (...,- " Of; lHI -Ii "', ') ..1' r." ,). " , CU. i_.I'>' , ocl,11 \\:\ " , '/ !,\ , , " " 'j I , ' , ' " , , ',' : , , , , !., " ;" " " " " , " . ~ \' , 'I ,~ ' "1' ';;) ~ t:, (- ~ " ,~ .' I .t~ ~ 0rod .- r,;'" ...j~ ""'" ,~ ...sot.o ry., "<l "'.-.., - 'i ~~~ . :' " , DANIEL P CONNELLY. PLAINTIFF IN HIE COURT 01' ('OMMON PL.EAS 01' CUMBERLAND COUNTY , PENNSYLVANIA VS, NO, 1'- j 7J J' (j t'IL~ L CIVIL ACTION - LAW EVEL YN TOY .CONNELL Y. DEFENDANT IN CUSTODY ORDER or COURT AND NOW. thi~J' ,\ davof T''l'' / ' 1996 on consideration of the attached petition. it is herebv directed that the parties and their respective counsel appear before rn,U~d /.., &11!J5 . Esquire. the coneiliator. at 3,'? &Nth 19''''.'Jt. L'u"'f Ii; II fit I? 01/ on the ,1(,1" day of 'j" hI . 1996. at 3P, ,M, for a Pre-Hearin"" Custody Conference At such conference, an elfort will be made to resolve the issues in dispute: or if this cannot be accomplished. to deline and narrow the issues to be heard by the Court and to enter into a temporary order, All children a""e live or older may also be present at the conferenee, Failure to appear at this eonfel'ence may provide ""rounds lor entry of a temporary or permanent order, Hearin"" to be held at BY THE COURT. BY, _ ./f/1~;;r~('/ d,B.~ lr4') 7~/ Cu.)tvJy Cvii",,~:;utvi YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C OUrl Administrator Cumberland Countv Courthouse Carlisle. PA 17013 (717) 240-6200 .- I., ", ~~3 .f~ &d: tb~ !~..dI ~~' (It/tlt~ ..5'';') .fb "'tf~u' ~/ l1r dt. , $\)).3 .~~ I~ f'.Ia(ttf:" ~ ;Ie -oF' -/...t. ,I, , ' ",' I ' , ',' , ' , ' , , , ,. , , , " , , I :'\ '. " , "., DANIEL P. CONNELLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYr PENNSYLVANIA VB. NO, 96-2788 CIVIL TERM EVELYN TOY-CONNELLY, Defendant CIVIL ACTION LAW IN CUSTODY OBD..EB AND NOW, this ,I) f!. day of ---Ll1 ' 1996, upon receipt of tha Conciliator's Report, it appearing that the parties have agreed an interim custody schedule and that the interim custody schedule was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1, The parties shall share legal custody of the minor children, Philip L Connelly, d,o.b, 3 November 1982, and Catherine A. .- f . J ,) <..'1 I ~ f , 'I , r- "I " ':J ,~ -" ,- . '~ ", , , '(") ....-? .,rfl '.> J,j u, C'J. ConnellYr d,o.b, 31 August 1984, Physical custody during the -\ I" summer months will alternated on a week-onr week-off basis. Mothe'r shall have the children beginning on 6 July 1 996 and ending on 1 3 July 1996. Father then will have the children beginning on 13 July 1996 and ending on 20 July 1996. The schedule will alternate thereafter, 2, The parties Shllll submit themselve!'l to mediation with Arnold Shienvoldr Ph.D.. in an attempt to work out an ultimate schedule. The L:''', ...0 't: i~ (,; ',. .. i..t: U.I' CJ' 0' 1'0'.1 , , r.' ) ~r~~ L,. ~' ".' ." ~'2 (' i' ','.') ';:fl ~1.-1 ' I ' ~I '; l"~~ I n 1(;) r: ',' .lC... I.\. r-' ::j Cl 0' <,.l ,. " " 'I' i " , " \". DANIEL P. CCNNELLY, Plaintiff vs. EVELYN TOY-CONNELLY, Defendant ,"' I I I I ) I ) I , '\ :~ .r'" r '/" IN THE COURT OF CO~tJ PLEAS " OF CUMBERLAND COUN\.VYG PENNSYLVANIA ""~") CIVIL ACTION - LAW ", V" NO. 96-2788 CIVIL TERM ',<'/ IN CUSTODY ORDER .3 ~ day of ~'lj~t; ....L,'u ,1996, upon receipt of AND NOW. this the Conciliator's Report, it appearing that the parties have agreed to an interim order, which interim order was approved by their counsel, it is hereby ordered and directed as follows: 1. All prior orders in this case are vacated. 2, The parties shall share legal custody of their minor children, Philip L. ConnellYr d.o,b. 3 November 1982. and Catherine A. Connelly, d,o.b. 31 August 1984. Physical custody of the children shall be in accordance with the agreement that the parties have reached during their mediation sessions with Arnold Shienvold, Ph,D. The parties agree that they shall continue to submit themselves to Dr. Shienvold to complete the mediation in an attempt to work out a final schedule. The mediation should include the children so that the children's desires are expressed and considered by the mediator. 10/10/1997 12:30 7177325375 GUIlWa: ASSOCIATES PAGE 04 RE: Connelly v, Connelly October 8, 1997 PIll,3 ADDITIONAL MATERIALS REVIEWED: 3/22/96 08n's divorce complll~1 6/01/96 Toy's custody complelnt . discussed bul not provided Toy's contempt petition of 7/11/96 . 8/28/96 Conciliation conferenc. summary 8/27/96 Domestic relelions summlry 8/29/96 Court order r,gerdlnll (lomestlc relations 9/03/96 Interim court order ostabllshing shared legel custody and physical custody as worked out In mediation 12/12/96 Stipulation regarding slJpport 1/115/97 LeUer from maternal gtandperents, Phyllis and Leland Yelvington 2/26/97 Court order (by conciliator) regarding custody evaluation Telephone consults with Jose Del,rme, Ph.O. 7/20/97, 7/l6/97, 8/11/97, 9/16/97 9/16/97 Telephone conversation with Maureen Neery, femlly friend 9/19/97 LeUer from Maureen Neary , Philip'S report cards. 6th through: 8th grede Ketle's report cerds . 3rd through '7th grade Attorney's correspondence Verlous correspondence from perenls to eveluator IInd to each other BACKGROUND INFORMATION: (brief)' 1'oy and Dan married on April 29. 1978 and separated on March 22, 1998, after 18 yasrs of marriage. Philip was born on November 3, 1982; Katherine was born August 31, 1984. After the separetlon, both children remelned with their father. Toy flied for custody in May of 1996 with conciliation held In June 1996. This resulted In mediation with Dr. Arnold Shionvold who ultimately recommended shered custody - which was rejected by Dan who Indicated to me that he had "very strong opinions ,bout what I think is best for the kids". Dr. Shelnvold also worked out an arrangement whera the children's tlmo with their mother could be maintained, while ellposure to Ron Herrls. mothar's boyfriend, would be minimized, Toy obtained her own apartment; an alternating weekend schedule was pul In place with Toy having time with each of her children on separate nights. The current custody hes the children spending every other weekend, Saturday and Sundey with their mother, In addition to one week night (not overlllghtl with her, Toy Indlceted that she wants to extend the overy other weekend from Friday through Sunday. maintain her Tuesday ovonlng time with Philip as well 8S her Thursday evening time with Katie. Ultimately, she wants shared physical cU6tody, ISSUES: Toy Toy shared hor experiences in the marriage which led to her essentially failing out of love with Dan. She related this occurred "several years ago". Thoro Is little dispute from Dan's perspective who also Identified 1982 as tho time period in which hll believed morital Issues existed Toy', concorns regarding the current parenting errangement is that the children arc given 100 much responsibility in .. ' 1111 1IlI 1991 12: 38 7177325375 GUIDANCE ASSOCIATES PAl.&:. 115 RE: ConnellY v, Connelly Octobl' e. '997 Plge 4 , I declslon.mlklng with Dan Ind may haJe tOO much Influence oyer their father. Shoe b II vIS tM are allowed to ~run Ireo with little guidance and lIule $\fucture , ~'~~ b~lI~ve5 th:t both children require supervision co~cernlno their homew~rl~' This s GIrl to be born out In a revleyll of both chIldren s reporl cards. espec a 'I' Phlllp.~Pin the last year (1996-971. She alllo Is concerned about Katie ellege3'y gaining about 20 poundS since tha parental seperetlon, FlnallYr she '''IPrelSe hla maor concern about the kid's lack of 'lIspect shown toward her and atlr bute~ t s to \holr lolling the crisis created because of tho seperatlon as well as their teen years. She fe.ls thet they are alienated against her and has been trying to win their love .nd aupport. Toy admitted that she was e"perlenclng some somatiC atr.as symptoms lIS a result of all of the stress, A review of each parent's Involv~ment . based on each of their recollections. was IMplored, Understandably, there ere dlllerences. Toy related that the ,.rgest amount of time she was awlY from the kids prior to the separation In March of 1996 was e two. week period when she went to England with her parents In 1993.1994. The children stay oil wlth'thelr fathor without Incident. Toy kept this ovaluator abreast 0/ tho progress being made In therapy with Dr. Ollerme. From her description, It was lelt that there was some, softonlng by the children In their accepting the psrental separation . but conttnued resistance, eapeclelly by Katie, In accepting Ron Harris. She believes that Dan may either Inadvertently, or perhaps unwittingly, be contributing to the children's alienation toward her, Toy believes that a real underlying IsslJe may be money. stating that Den mey went to retain primery physical custoay so that he can use child support monies to maintain the marital home. In illlY event, shl! questions why the current every other weekend schedule could not begin with Friday avenlngs - given the experience that the kids have had over the months ol;cllmatinll and aolusting to the current 'emlly system. Toy Is awar, that both kids would verbaliza their desire and prelerence to live with their lather, However, through all of these months, Toy continued to Ixpress her cooelerns about Dan not providing the kind 01 structure end supervision the children need. with particular focus on their school work. She e1so believes that "there tjos been too much damage done", "that there Is too much permissiveness and freedom at their lather's" ,1nd that they have 0100 much contro'o with thelf father - all (If which would contribute to their verbalizing en expressed preference to live with ItIlm primarily. , Results of Toy's life history ques1tionnalre Indicates that she may struggle with appropriate parenting practices and strategies, This 15 due to experiences and Influences In her own lamily of origin which, from my reading. suggests that her mother was overburdened and her father was ebsent and distracted being rocussed on ,work ISSlJllS. Toy struggled to Identify aspects of her parent's Interactions With her. all of which would Impact her capacity regarding appropriate parenting strlltegles. practices and' techniques. Thl~ may contribute to Toy's behaY,lo( . which Is perceived by the' children . 01 trying to win their love through matenellstlc means. SlmplYr Toy sllends money on the children. They perceive this. either on their own or perh.ps through adult Interpretation - of mother trying to "win" their love and respect. which they haye resisted. Results or Tov.'s MMPI,.2 Indicates that she produced a valid profile. Good ego strength Is indicated, emotionally. her feelings of anger, anxiety. tension and aglt8t1on are noted, She endorsed Items Indicated depressive symptoms Including 10/10/1997 12:30 71 77325375 GUIDANCE ASSOCIATES PAtX: ijb RE: connelly v. Connelly October 8. 1997 Page 5 , ahedonla (lack 01 pleasurel. low enllgy. poor IUIU.esteem. low morale and sedness, ClearlYr her MMPI.2 rellected her struggling with e percelv'ld loss 01 the relationship with her children IS well as the protracted litigation and it's stress, She endorsed Items pointing to brooding and rumination. She attested to problems, rellectlng dlfllculty with physlcalanu mental functioning. ell of which appear to be altuetlonelly related end hopefully would ellevlate with the passage of time . and therapy as will be recommended below. Anxiety was prominent and ahe acknowledged problems concentrating. sleep difficulties. feelings of Insecurity anu deci.lon-maklng and related symptoms, loy'lI response to the Child Management Questionnaire Indicated that she. at leaat. hIS an Intellectual understanding of how to appropriately Interact with children's behaviors and Issues, However. she is fearful of implementing these due to the children's response patterns to her since separation and her Involvement with Ron Harris, She doen not want them to distance further from her. Basically, the findings Indicate that loy Is experiencing an adjustment reaction with both anxietY and depr"ssion related to the distress resulting Irom the maritel rupture and soparation. She is responding bqth physically and emotionally to the alienation and. often times. open reJectlon1ly her children. which is taking It's toll. Once the children's perception Is amelloratod through therapy and a decision Is made regarding a definitive schedule. I posit that her pro!Jnosls is good and that she would be able to regain hcr former level 01 functlolllng and re.engego with more appropriate parenting with her children. ISSUES: Din As Indicated above. Dan presented Initially wl~h very strong opinions with what he thought would be best for the children. He openly admitted that he had reconciliation wishes until he discovered Toy's sexual Involvement with Ron. When seen. Dan WilS taklnll medication for both depreSsion as well os an apparent attention deficit disorder, Re is being treeted by Dr. Douglas Dionne, Psychiatrist, He seems to be responding to thiS rogimen of medication. It became clear that Dan had picked up the bsnner in attempting to represent the children's position regarding their mother's behavior, He stated openly that the children heve difficultY accepting her boyfriend, that they resent both their mother and Ron and consider what Toy did es a violation 01 any religious and moral understandings the children had. It was my sense that he was !ltm feeling a sense of loss and betrayal given Toy's sexual involvement with Ron. Althoull,h Dan admitted thot he had no negative comments or concorns about Toy s parenting prior to separation, II review 01 the correspondence betwoon thue parents and Oan's, position as shared with me reflects a desire on hiS part to 'win the day' and perhaps use th~ children as part 01 his armament to do so. He seams to revel In the notion that hiS relationShip with the children at this point in time is strong and presents the opinion that Toy wlshcs to regoln her position as an eque' parent for appearances In that she has difficulty with the embarressment of not having a relatlOns!"lp with thero or having them so allenatod against her, Dan stated that the children are outspoken about how thoy fool but did state "they're not running tho show", When asked about his view of joint parenting as propoeed RE: Connelly v. Connell, October e, 1997 Page 6 by medletlon, he believed thet it would be logistically dllflcult on the Children, comR.red It to a "summer camp sy"drorne" objecting to the children living "out 0 a sUitcase tllthe~'re ege 18" end further cited rasenrch Irom hiS sister. In-low and an assistant superintenoent of schools both 01 whom supported the notion that the kids do beuer with e primary parent while visiting the other parent, Dan stated that h. would "be OK If the klds decldad they wanted week to waek with their mother", Howev,r, he would stili havI questions about whether thet would be In their best intarest, He further stated that he would ~e op.n to summers with mom statlno "I'm not trying to keep my kids away from their mother", He denies Influencing or 'brainwashing' the children. There were some noted inconsistences. As the Interview process progressed, Dan's position regerdlng parenting bec.me more entrenched, Spllclllcelly. he indicated wantlnQ prlrnary physical custody believing thet the children would be better oil With him. He elso >8Xllressed reservetions about the children being with their mother Indicating th.t he did not believe she was capable 01 being a \load parent "without rne around". He further relers to Toy being desperate In wanting to win the kids back to her and allowing thom to engage In risky. related behaviors such as leltlng Katie drive on parts of tho Carlisle Pike, lotting the kids ride on the roof of the car and letting Philip drive her car. By September, 1997. Dan indicated that the children were doing well, their relationship with their mother was Improving, they had settled In nicely In school and understood that the scorn, directed toward Ron, would be directed toward any person who In some way. substlllJted lor either natural parent. Dan seemed to develop appropriate InSight concerning the dynamics .ffectlng him es well 0$ the children. Howaver, he continued to ol\press concern about TOY's apparent over-cornpensatlng by purchasing Items (which he refer rod to as guilt gilts) while stili noting that .she withholds t;hlld support". In my ludgment. the reaction that' Dan expenenced following the revelation of TOY'S Invofvement and experiences with Ron nod a rather t;hronlc negative effect on hla adlustment - and therefore his ability to consistently have enough energy 10 monitor the children's behavior and school performance. The most promfnent emotional characteristic associated with Dan's MMPI-2, taken about 1!) months alter separation, continued to show prominem depression, Resentment and underlying hostility were also noted with his having difficulty expressing these emotions In a modulated fashion, His feelings. therefore, would be expressed In a more oasslve-eggresslve fashion, He endorsed items indicallng chronic depression, Personality characteristics also noted in his profile rallect paSSivity and aome dependence with a decreased activitY level and lowered level of efficiency. 0011, along with the rest of the family, needed healing tlrne to occur belore he could return to his former level of functioning and adjustment, His personality pattern also Indicates some egocentricity. with soma evidence of Impulsiveness. He also lests as being rather sensitiva and rigid os weil as being guard~di 5tubb~rn an~ touchy, He i6 sensitive to criticism. He tonds to overreact to socia stimuli and Situations and would be rnore argumentative than conciliatory. Other people would soe him as difficult to deal with and over-reactive. There Is difficulty with his gaining Insight because or his level of emotionality. There Is a tendency toward externallzatlon of blame which leads to his projecting onto others blame for the existing situation, II clear that Dan has not been functioning at his former level as prior to the marital crisis and family rupture. Burdened with his own response. patterns to the loss 01 tho marriage and family 8S he knew it he struggled with the concurrent respunslbllitles of monitoring his childron's academic ...A ' 1~/1Q/1~~' l~:JQ 11 "J~bJlb \>UUi>\NU. "~""""'''I':~ ....,.~ -.lu RI!: Connelly v. Connelly October 8, 1997 Plge 7 progress .nd his own needs, All of thlis Clln bo vory taxing, In fact, he attested to prolllems with physic.' .nd mental functioning, He also endorsed Items on his personality proWe reflecting an indivldu.1 who feels somewhat inadequate to cope with the present strain of fife. This hOpefully will !)ass once the issues related to ....t distribution and finances as well .5 custody ore settled. Ron Hlrrl.: Ron Harris Is a 42 yeer old menag.r with IBM. He has two sons, ogos 16 and 9. Hili wife died In 1994 from alcohol related liver disease at age 42. He and his wife separated the surnmer of 1993, He recalls meeting Toy at work In SovthburYr Connecticut meeting at the end of 1994 and becoming "close" by Se?tember of 199&. Ron presents as a strong, m.ture,' sensitive and aware man. A review of his blckground and family 01 orrgln expenllOces did not reveal any problematic ereas, Regarding his children, Christopher, age 17r Ilraduates from high school this current year. He lives with Ron's parents in Connecticut, Eric, aile 9 is diagnosed with Attention Deficit Hyperactivity Disorder and Is on medicetfon. Ron is supportive of and Is responsive to Eric's needs. He seems very sensitive to the dynamics occurring with Toy .15 well as with Katie, Philip and Dan. There is nothing In Ron's reported background experiences or current level 01 functioning to Indicate that he could not lunction AS An AppropriAte step.perent for Katie and Philip. Unfortunately, as correctly idllntllied by Dan, anyone in Ron's position would be subject to the children's reaction. Philip 1& Ketle: Philip and Katie were seen with each parent separately In April and May of 1997 and most recently In September, 1997. In the spring, the results of all of the custody-related Instruments Indlc.ted that Philip perceived a much closer rel.tionship with his fether than with his mother, Specifically, the results of the Brlcklin Perceptual Scales suggested the Philip perceived his fathor much more pOSitively than his mother. He rated hie father es superior to his mother on 26 of the 32 pelrs of Items. Looking at his responses alone, Philip views his lather as much better able to meet his needs, However when looking at the quantitative scores given to both parents, they aro relativoly high which suggests thet Philip perceive. both parents as having positive characteristics, In fact, there were few Items for which Philip related either parent especially negatively, He did evidence some difficulW with his mother's rellglouslty as well as Information concerning sex _ which may be related to his perception 01 hor behavior, Consistent with the Brlcklln Scales, Philip's responses to Parent Report Cards reflected a more favorable perception 01 his attitude toward his father. He reserved his most negative ratings for Ron awarding him the largest number of "F" grad!!s, When asked who he gets along with best in the family, Philip replied "dad (because) he .grlles with me the most", He described his father as "really supportive" and generally Indicatad thet his father Is the preferred parent. Philip reported that he was most concerned (In tho spring) about possibly "living ilt mom's; I couldn't do It", He oxpressed, once again, the most negative sentiments towerd Ron stating '" don't like him (end) the lact tha~ he's witfl my mom". He also de~crlbed Ron's ltl/ltl/!':l':ll i.: ~U IJ.I 'J~~.1':" WUHVtt...L. H........,&.,)\.,...HIl-..J I........ V.J RE: Connelly v. Connelly October 8, 1997 Page 8 son, Eric, as "the most annoying kid I ever met". Philip expressed more positive sentiments towards his father In the Sentence Completion TeM as well es tho more projective Family Drawings and PORT lest resultll, Similar findings were obtainod from Katie In the April/May 1997 time freme. She prellented her father as baing more competent when compared to her mother and awarded allltoms addressing perental supportlveness to her father. She alllo Sltll him as more consistent In hls response and giving him moro positive remarks concerning perentel cheracter traits. The Perent Report Cards also resulted In fether berng given more positive ll"ad85 but did not rate either parent really negatively on the report cards. consistent with her brother, howaver, she characterized Ron quite negetlvoly awarding him the most "F" grade. . as did Philip, On the Child Custody Questionnaire. she Identified her father as the one that she gets along with best Indicating that "he Is funny... I can talk to him aboul stuff,.. ha Is cool, likes my music and he Is friendly to my Iriends", When allked who she gets along worSI with on April 19 she answered Ron "because he acts like he owns my mom... ha acts like he's married to her"; on May 9 when asked Ihe 118me question, Katie enswered "mom" reporting that she does not like the way her mother acts end that her mothar loses her temper really easily, She lurther indlcaled that she believed her mother favored her brother (phllipl over her, Responses to the Sentence Completion Test also indicated a more lavoreblo response for fathar as did the projective drawings wherein she perceives a closer somewhat more supportive relationship with her father. Howover, on one 01 her drawings Katie portrllyed herself between her pllrent' and then wrOle "I love you both", Her drawings also suggest thllt Katie may be exparlencing considerable feelings of apprehension and anxiety and may wish to avoid lurther conllict within her famliy. It was hoped that these issues would be addressed In their therapy with Or, Oelerme - and to some extent they have been, Of concern this past year, in addition to the children's emotional res pons.. WIIS their school performance. Historically Philip has been a good student but clearly the stress was reflective in his performllnce during the 1996-1997 school year. He received comments that assignments were not prepared or late, that he did not olten bring rnaterlals to classr tflat more consistent ellort was noeded, that he needed to be more attentive in class, He reportedly flunked math last year, Similarly. Katie had difficulty In the seventh grade, Comments on her I'eport card reflected frequent absences and tardiness being detrimental to her learning and she had difficulty with math. flunking the third marking period. A number 01 interim reports also rellected a concern thllt Katie may come to class unprepared, needed to put more time Into her homework and similar comments, By September of 1997. Katie's responses havo modulated to the point where she related that she stili "likes" her mom but Indicates that sha does not have as much respect lor her then she did before "this happened", Of concern is her awareness of the adult issues. For example. she rolates that "Ron has all the money and she gets money from him". Why Katie is aware of these edult Issues Is unclear. Katie further is sensitive to her mother's behavior sayin,p that "she Is like buying my love... everyllme I see her she buys me something. Katie Is aware that {here were difficulties between her parents. that they "never had good communication end grew apart" which Is progress largely gained as a result 01 the therapy, However. l<atle did state that she thought that Ron would please her 1~/10/1~97 12:30 1111J.bJlb uUHH,~U ~"\ll:.~ t-~ .u AI:: Connelly v, Connelly October 8, 1997 P.ge 9 mother bett.r and she left "all ~f us", This statement begins to teke on the veil ot parentlflcation In that she is ta Ing care of her feth,r Bnd retlectlng his distress ot some level, Ketie Indlcsted thet she would like to change the existing schedule' .nd has dltficulties sleeping at her mother's house because "It feels fake at mom's hous.... sh.'s elrald me and Philip won't want to go over to her house...., This parc.ptlon can be further worked on. Philip continued to express a preference to IIv. primarily with his falher and see his mother "lik. I do now". He .xpressed a proference not to live with each parent alt.rnlling weeks and when asked why said "I don't like Aon cause he's mom's boyfrland end his son Eric Is a peln". When asked speclticelly what it is about Ron he does not Ilk. he said "he knew my mother was married and he went along with tha affair...", Philip continues to strugglo with undarstanding adult behavior and sorting out his own allegance Issues whll. continuing to have loyalty and support for his father. He did r,late that he knew that his mother was not happy and wanted a divorce but does not understand how having "an affair as an excuse~. His sense of right emorges when he said "Ron shuuld have told mom to get a divorce cause she didn't ~know whet else to do., Philip also reflected evidence of his and Katie's influence over Dan. He related that "dad had a girlfriend (Sherryl and broke up with her because we dldn'trike her... Sherry and fler son were gelling on my nerves..... RECOMMENDATIONS: I am recommendmg thet the children remain in their father's primary physical custody. Besed on the findings, I believe It would be In thl! children's best Interest for them to spend every other weekend beginning Friday evening after Toy's work through Sundey evening at 8:00 P.M. with their mother. The current Tuesday evenings with Philip and Thursday evenlnlls with Katie should be maintained. I recommend thet the children remain in therapy with Dr. Delerme who should have the liberty at InVOlving any other porsons depending upon the need and using his discretion to do so. I believe that the therapy has enhanced awareness and resulted in more ecceptance of the situation. I recommend that Toy engage In individual therapy for herself with the purposes of undllrstanding the influence and ellperlences of her family and how they shape her parenting practices. She would afso gain awareness and senSitivity to adolescence and the challenges inherent in this stage of development, I recommend that there be an alternating two-week summer visitation schedule with each parentr and an alternating holiday schedula. r recommend that the r.hlldren's 'academic performance this current school year (1997.1998) be monitored vary closely and carefully. Should the findings reflect that they are continl!lng to evidence difficulty with completion of homework asslgnmentsr allendance or tardiness, then it Is recommended further that eddltlonal time be spen: with ToV who, In fact. may be in a better position to monitor completion of school assignments, So long i1S Dan has the primary responsibility of monitoring their scholastic performance, whatever le/10/1997 l~:Ja 11 IIJ'JbJIb UUl~ ~!AI~~ I-'~ .. AE: Connellv v. Connelly October 8. 1997 Pig. 10 SES/ksm i permlsslve/lassalz-fal,e or democrlllc Iprocess may exist In his relationship with Ihe children concerning school, did not b.erve them well last year. If Ihe children remeln in Dan's primary physical cust dy during the school week. ha must assume e more atructureil monitoring of their fChoo' work, Flespeclfully. i ~ 04~4-J ~t8nle~der. Ed, 0., R.C,E. 8ychologlst eglstllreCl Custody Evaluator I I I . I , I 1 I I !' I i I I i " ' I , " , , I , , , , i ! 2, Father shall huvc primury physlcul custody of the minor children subject 10 periods ofpartiul custody lInd visitution with Mothcr liS follows: A. During the school ycar. cvcry Tuesday cvcning with Philip from 5:00 p.m. until 8:00 p.m,: cvcry Wcdncsday evcning with both childrcn from 4:00 p.m. until 8:00 p.I1l,; und cvery Thursday cvening with Cutherinc from 5:00 p.m, ul1lil 8:00 p,l11. B. On altcrnating wcckcnds from Saturday at 2:00 p.m, until Sunday at 8:00 p.m. 3. Any holidays that should occur prior to the schcdulcd hcuring. thc parties shall agrce to share that holiday. 4, In the cventthut thc hcaring is not schcduled untilthc summer, thc parties agrce Ihat thc children shull bc shurcd such that they will be on u wcek-on, week-off schedulc with each parent. BY TilE COURT. ';jLt;o J ESLEY OLE Maria P. Cognclli, Esquirc Debra A. Denison, Esquire t~l; n->'-~A.. 'J./q' if g . - ij ~ of. mlb ,~j /$'~4AL . ehildren want to remnin with thc Fnthcr primurily. This hus also bccn baeked up by psychologicul evuluntion, Thcrclilrc. Fathcr docs not helicve thcrc should bc u chungc ulthough he wus willing to cxtcnd thc wcckcnds with Mothcr from Friday until Sunday. 6, Thc Dcfcndunt's positiollon custody is as lilllows: Mothcr bclicvcs Ihatthc childrcn huvc becn ulicnutcd from hcr. Shc wants a wcck-on. v.cck-off s,",hcdulc all year round. 7, Nccd tiJr scparute counsel to rcprcscllt child(rcn): Ncithcr party rcqucstcd. 8. Nccd lilr indcpendcnt psychological cvaluation or counscling: None rcqucsted und the Conciliator does not believe any is nccessary. 9. A hearing on this mallcr shalltakc onc-half day. 10. Other mallcrs or commcnts: Thc Conciliator attcmptcd to rcsolve this case on u number of occasions, Thc partics had a completc custody cvaluation complctcd by Dr. Shienvold. Thc parties have also hccn involved in mcdiation. Dcspitc the involvement of thcse psychologists. Mother still wants to push thc casc lilr a hearing and wants to obtain u week- on. wcek-off schcdulc. Thc Conciliator does not bclicve thatthc hcaring in this casc will bc very long, The childrcn in this casc arc 13 and 15 and apparcntly havc cxprcsscd a dcsire to rcmain with their Father during the school ycar" Additionally. thc psychological cvuiuation rcached this same result. Finally. thc childrcn havc bccn with thc Fathcr since thc parties separatcd in March of 1996, Thc Mothcr IVilllulvc to show thc Court why thcrc should bc a changc to the suggested wcck-on, wcck-off schcdulc inthc t"ce of what uppcars to bc ovcrwhelming cvidencc that the cxisting ordcr should rcmainthc samc. Thc ('onciliutor did suggcst that thc purtics gel a more .'-.... (7) ',- (1-~ Co. r, ., '.. .. , , , ) 'I, " ( , , , , . , " , (,;1, L, ,...) \I ; : , U, I I, ,.Ii , ...." I '-t'- J ~j 0' '..) ~ J ? ~ . ~ .. ~ I W ~~ ~ I, ~ 0 ~ ! 1. " , , ,. ... Law Orth:t~ or M..,i..P. Cogn..tti p. 0. '8<,. 689 Hurrl~j:lurll. Ptnn~)'I\lllniu I7IOI(<()f\tN 11171 112.210) J 'WINI)llWS1WI'WINnOJIJ.l1-\Oll\ll'l 'I )NNI-,I.I.'; I'IS ""i'III children He will further lestilY to what he believes an appropriate schedule for custody should be, B, Evelyn Toy Connelly, Defendant, as of emss C. Maurcen Neary. lamily Iriend-Ms, Neary will testilY to her observations of the partics relationships with thcir children bOl.h during and since the separation, She wllllurther testify to Plaintill's parenting abilitics D, Davis ('racy. PhD,-Dr, Tracy is Plaintill's counselor and was the parties' family counselor prior to the separation Dr. Tracy will testily to his observations of the party's parenting skills E, Kevin Bupp, neighbor-Mr Bupp will testilY to his observations of the parties' parenting abilities and Defendant's extendcd absence Irom the home prior to separation, He also will tcstify to incidents where Dcfendant placed Philip in danger by allowing him to rollcr blade behind Dcfendant's car on multiple occasions, F, Janice Wheeler, Katic's homeroom teacher-Mrs, Wheeler will testilY to Katie's progrcss in school and Plaintill's involvement with the children in school activities G. Dianne Groll~ Philip's guidance counsclor-Ms, Groll" will testify to Philip's progress in school H, Pat and Doreen Carbesero, owners of Rocking Horse Ridge Farm- Mr, and Mrs Carbesero are the owners and managers of the stable where Katie boards and trains hcr horse Mr and Mrs Carbesero can testilY to Plaintill's involvement I' \WINI)l)WN\'tIl.I'WINnll\~U,AI)lNII'~'IJNNI:L1.V lrrk 11..1/'111 with Katie's training and shows, They can further lestifY to Detimdant' s lack of involvement. (, Keith and Anita Voelkes, neighbors- ~ney will testify to Iheir observation of parties' pareming abilities and Defendant' \ extended absence Irom the home prior to separation, J. Tim and Joanne Kloos, neighbors-They will testifY to their observation of parties' parenting abilities and Defendant's extended absence from the home prior to separation, K. JelT and Lois Davis, neighbors- They will testify their observation of parties' parenting abilities and Defendant's extended absence from the home prior to separation, L. Rick Olsen, neighbor and co-worker-He willtestiiY to his observation of parties' parenting abilities and Delendant's extended absence from the home prior to separation M Beth Mellinger. Katie's trainer-She can testily to Delendant's lack of involvement with Katie's training and shows 111, PROPOSED RESOLUTION. PlaintilTis basically in agreement with Dr Schneider's recommendation for a schedule, He would propose the lallowing schedule as a resolution to the custody litigation A The parties would have shared legal custody of the children, 8, Father would have primary physical custody of the children, Mother would have partial physical custody of the children in accordance with the I' '.WINI)lIWK\WIIWINno\I'I.t^lJlN~rl'IINNI!l.tV!tr!l li'I''l" following scheduie: I, Alternate weekends beginning on Friday evening when Mother finishes work and ending Sunday evening at 8 p, m, 2, Tuesday evenings from after school until 8:00 o'clock p,m, with Philip, 3, Thursday evenings from after school until 800 o'clock p,m, with Katie only, 4, Parties would alternate the holidays of Easter. Memorial Day, Fourth of July, L.abor Day and Thanksgiving, The holiday shall be defined as beginning at 9 a,m, the day of the holiday and ending at 9 p,m, the day of the holiday This will begin with Mother having Easter 1998, 5, The Christmas holiday shall be divided into two segments Segment A shall be defined as December 24, at I p,m, until December 25, at I p,m; Segment B shall be defined as December 25, at I pm, until December 26, at I p m, Father shall have Segment A and Mother shall have Segment B in even numbered years, Mother shall have Segment A and Father shall have Segment B in odd numbered, 6, Mother's Day shall be spent with Mother from 9 a,m, until 9 p,m, Father's Day shall be spent with Father from <) am, until 9 p,m, 7, In the summer months the parties would alternate custody on a two-week rotating basis, The rotating two week schedule shall begin the first Sunday following the close of school and shall end the last Sunday €J . , '" ,.... .,> , " I'...,: , , ., i', " ( .. '. ,.. ,.' " I " '. , : ~: ' () - ....1."..4001101.., ....~.'. 'It" (It-.- 00"''''''''''""",,,, I' _I-llL fLlLl ntt-llOLl ytl "llH t1WY.l UillUB UlIWYW Ice, M'fl .LY BA3NlKlJ..LY :ltI 'Willay . WilDYilW . OCT 2 219961/; .~ '0-; -> ~ ...Q Q ... 1 ~ ~ ~ . .. ,I . DANIEL p, CONNELLY, ' Plaintiff :IN THE COURT OF COMMON PLEAS :ClIMBERLAND COlJNTY,I'ENNSYLVAN1A v, NO, 1)6.27HH CIVIL TERM EVEL YN TOY .CONNELL Y. Defendant CIVIL ACTION. LAW IN CUSTODY ORIlER AND NOW this 7_2 1 d. day of, 1J.t.J:;>..~(''r , 1998, this , ' 'j , 'r " I OJ :0(1 " . I" , , L998i4n Courtroom mailer is scheduled'for a Hearing on it'!.., day of No.: j _ at the Cumberland County Courthouse, . (t . :.... <..;' 'L~ i I' / BY THE COllRT: B IJlvir. J. ,1->....t,.,. ./ '. 'rt~"v' :...u t' l t ,r..1'( I,' , ,/) )';}'\ (I, \ I [' " i.L,~ ", () , .j '" ~) , , ". '] to;__.), , ......, :J ~'. ~ ': leI) t.:',: , :1;) , '."'\'", , \.....,J '!II', .. '] .':'. ~:J :... '. ,1::- :y .., , , 6. On April 20. 1998. this matter was scheduled for a H~aring before Judge J. Wesley I Oler. Jr, 7, Prior to the Hearing, Ihe parties came to a Icntative agrccmcnt as to custody. 8, To date, the parties have becn unable to reducc this agrccmentto writing and continue to dispute the cuslody arrangemcnl. 9. Defendant wishes to resolve this action. WHEREFORE, Defendant rcqaests this Honorable Court to relistthis mailer for a custody Hcaring, Respectfully Submitted. REAGER & ADLER, PC Date: OctObel' 20; 1998 /~ R. ESQUIRE 2331 Markct SlrC"! Camp Hill. PA 17011-4642 Telcphone No. 17171 763-1383 ','1. Attorncys for Ddendant tile othcr plll'cnl. It shall be tllc express duty of cllCh p=tlo uphold the othcr parenl us onc whom lhe children should re$pect and love, II $hall be the obligation of clII:h p.trcnlto make the childrcn av;ulabl~ to the other in a~cordan~e with the physiclll custody schedule and 10 en~ollrasc them lq p;u1icipate in the pl~n hereby' ~greed ~nd ordered, E3Ch parent shall ha\e Ihe duty to nOli!"y the other of ol/l}' el'ent or aClivity Iha\ could reaw\1ably ~ ~I\~~led 10 be of sisnificant concem to rhe ,)ther pare I'!. With reGard to any emergency decision. v. hi~h must be made, the parent wIth \lo~,om the children are physic~lIy residing at the time sh:llJ be pernulIed 10 ~ the deCISion neces.italcCI by the emergency without consulting the olher ~arent in advance, However, the pan:nl shall inform Ihe other of the emergency and ,onsull with hir:\ or her as soon as possible, Day.lo.day deCISions of a rOUlIne nalure will be lhe rcspon.ibillly of lhe parenl hllving ph~"lcal cu,tody .It the l;m~, Each pmnt shall be emitled III complele infom13tioll 1'1'1:)[\1 any ho.pit:.l, doctor. denllst,leacher or aUlhonty and have copies of any replll1s give to them a, a parent. Sll~:'\ documents IOclude, but lire nO! limited to, medical reports, academic and school report CArds. birth certificatc$. ~tc, BOlh parents may and .\le encoura~ed l() allend all school conferences und aCllv,tlCS, Neitht: paten: shall sci:edule llClivitics nor appointments for the chi Idren wi:ich would require their attendance or pClrticlpnuon n1 sllid octl\'lly or npp.1lnlment dunng a tme when Ihey are schedull:!d to bt in the physic31 cuslcdy of the other parent wlthoallhat pll:'ent's express ?r\or approv~I, 2. The piLrlies ,ha:l diVide custody as lollows: a During ,he school year, MOlher ~r.f.1I hllve cU~IQ\.iy: i. Every Tuesday cvcnlOg from ~ilcr schoo) ulilll 8;00 p,m.; I\, Every ThursdilY evening from alter school un[\\ Friday r.lOm:ng: Ill, Every o:her week:nd Thursd:lY after school un~il Sunday evening at 8 00 p,m,; .~ Ilo' o.."ll ........ Il'> " tf - !:! 1 4 ~ /, '" , I 1.,' .' " , '~ IIOCOI. ~, ..., ~ >- r:> ". ~ u: L!', 1'; ~ '. ...., .. ; " ' . - I '1 '1.1..,,:. (}~ F 1,\ , " J'.I " ~ ,1\, , , ~ d' '" 'r "1 ;'/' N /'/' t::' Co. {OJ " L, 't. ~ I L, 1.1, (-:- 'I, (., (,I' () ~ I, ~~~!1iI l!cm!i i~I~~ '~~ a ~ I, " 'I' ': I, .' . 'AU " . , .. ~, DANtEL p, CONNELLY, Pl.."riff [N THE COURT OF COMM01\' PLEAS Cr.rMBEIll.A"-TI r.'0r I'NTV PP"'1\;~V' V A NI A y, NO, 96.:mS ClVn.. l1lRM ClVll.. AcnON . 1,'/\ W I1' CUSTODY Eva Y:-; TOY .CON:-;Ell. y, Defendant CUSTODY STlPULATION AND NOW, comes the Plaintiff, Daniel p, Connelly, by and Ihrollsh hi& attorney, M.n~ p, Cognelll. EsqUIre, and the Defendanl, Evelyn Toy-Connc.uy. by and throu~ her ,attorney, Debra DeOlson Cantor, Esq'me, and agree to L'Ie following: The! parlie!s hereby 3gree 10 9harcd legalcl.slody (If their children, Phi:ip L Connelly, date of birth November 3, 1982, and Calhenne It Connelly, dale of birth AllgUSI 31, 1984, All dedsiuns affecting .uld chIldren's growth und devel(lpment including, but 1101 limite<! to: medicalllnd dental trelltrnenl, psychotherapy, p.y.;ho~nulysls, or like treatment; deci'lons relutmg 10 adWll or potential litigation involving the cr,itdr~n, directly or as a beneficiary, other than custody litigation; ec!ucalion, both ~ecular and religious, schola'lIc athletic pursul[s and othe~ extracumcllJar activities $hall be consIdered major declSlons and shall be made by the paren:s JOintly, after discussion and consulurion with e~h other and with a view towards obtair.ing and fo:lo\.\'inB a hanno:lious polic~ in the children's btst in~reSIS, Each party &gre~s (0 keep rhe <)tner IIlfilm\ed of the progl''''s or the childrer,', <<Iucation and SOClltI adJu,;lrr.ent;, Each part) a8rec; not [(> impair the! other parlY'$ right to $hared legal CU$lody and the olJ\er pal'lY's right 10 physical custody as pr(lvldtd hemn, Each pA!1y agree. to ~ve support 10 ~ other in rr,c role llS Ii pUl'dnt and to t1ke into :.ccount thf concem~ oi Ihe other for [he phyaicil and emoril.ln31 well,beinp of rhe children While in the pre.ence of !~e childJen, r.either parent Shall ma~ rM pennil any penon to make any remArks or do ilr.ythjn~ wh,ch coull.! in any way he conSlrued as derogatory l)j' uncomplimentary 10 .- the other pflrCnr. II shall be [lie express duty of eflCh plU'CllI to uphold the olher parcnllls one ....hom the children should re~pect and love, It $hall be [he oblLaanon of ellCh parent to make the ~hildren ~v:ulablc 10 the other in a~cord3n~e, with the physiclll custody schedule And 10 encourage them 10 plu1icipale in tile plan hereby agreed W1d Ofdered. Each parent shall ~8ve Ihe dUly to 1l00ify [he other of any e,'ent or 3cti I'ity thai could reawnably ~ ~;r.~led II,) be of significant ~oncem to rhe a.her )'larent. Wilh reGard [0 ,myemergen~y decisions \\hi~h must be made. [he parent WIth v-hom th5(hildren are physic~lIy reildinll altne time shall be pernlitltd to ma.k.! [he deCISIOIl neceuil81eCl by the emergency without coniulting [he other parent in ajvance HOlllever, the plUtnt shall infomllhe other of the emergency llnd con~ult with hiF.l or her as soon as possible, DaY-IO-day deCISIons of a routine nsture will be rhe rcsponsiblllly of the parenr havl1lg phy.1Cill ~usl()dy I\t Ihe time, Each parent sh:oll be emilled to complete informatIOn from any hospiu.l, doctor, denllsl, teacher or aUlhonty bnd have copies of any reports gll'e 10 them 01. a parcnt. SlJI:h documents mclude, but are not limited to. medical repons. acaderruc and school repor1 cl\J'ds, bllth cerlifica[e~, tIC, BO[h parents may and are encollraged D Ultend all school conferences und aCII VI lies, NeitM: paren: shad sc~,edule ItCh vir:es nor appointment$ for the chi Idren whch would require their attendance Of pl1l'tlClplirton ot SQld liCtl\ Ity iJr oppolntment dllnng Ii tme when they are ~cheduli!d 10 be In the phYSical ,;usled> of the other pJte~1 ,^llhout that pil:"enl's express ;>rior bpprovul. 2, The parties ~ha,1 dj-.de custody as [ollol>.ls, a DlIrlr.g :he school year, Mother shll have custody: i. Every Tuesday evcning Itom uIlcr scnool untll 8:00 p,m,; II, Every Thursday evening from ar'ler schoollll\ttl Friday mom:ng: III Evelj' o:her llIeekend: Thursd;ty after s(hool until Sunday evening a1800 p,m.; . . Fatner shllll nll\'e the remWOlnij custodiAl periods Cl\cepl by ~11'Cemenl of the pllttleS, b Dunne Ihe summer: Mother shall have ~us:ody every olher week from Pndoy at :1:00 p.m, to Frida) at ~,OO p,m,; 3, Holidays: a, Memorial D~y, Fourth of Jul), una l.llbor Day The holiday shall run from S:OO am, unliI8:00 pm. In the evenllt IS the parent's weeund imrr.edlAlely pre~edlO& or following rhe holaday, the weekend shall extend inlo t~e ho:iday Father shall have custody Memorial Day 1998, b, The pl\t'Jes shalleltemtlte Thanhgilling IInu E~sltll Said holiday, ,hall run Ihe e:-.lent of the "1'1001 holilloy. MotheI had ~uslody Euster 1998 c. Christmas' The parties u~ce 10 equall y share the ChrlSlmi.S school holid~y With ca.:h pArent re.:ei v:ne equal overnight cusludial,penods. Within 1:10 ~harr;d sch~dllle, the par:ICS shall alternate Christmu eyenly: Schedule A: Flom December 24 at 12:00 p,n;, unlll Omrr.bcr 25,lItI2:00 p,m Scnedule B: Chrilfma. Pa> from 12:00 p,:n, until De(;~mber 26, at 12:00 p,m, Mother shttll halle SchecuJe A in 1993, d, MOlt,er's Day Shlll be with Mother Father's Dil) shall he With father. e. The pirtlCl ~pt. 10 ..Iternare school hoh<lAYS to the eKlonr posaible. Holiday' 8hall supersede reS3uLu cusrody pcnods. , 4, The plllllc~~h~lIllqually shure Irull>[Xlllation v.lth the pW'I)I assuming cu&tody re~pon~iblt 10 prllvid~ trallspol1ulloJn, The children shull dlsemlJark from the seho,,1 OllG al M()the~'s h'lme 1m Tuudays and Thul,\J,,), S, The parlte. agree Ihat \Juling j~Y pmod at ':US!"",\ 01 \lSHullon, t1C panic. to Ihls sl:puldlilln Slldll not p,'s~es. or use any rOlllrolled sub>lar,<e, neither shjllthey (('I~SUme ukohlllio: beverages to the vaint ot im01.lclltJon, The parties shnll hkewlsc U.1~Urt, LO the (!Item pI)~~,~I\:, that the other hou~eh(lld rncmbl:,s dnillor ~uests comply with this plohlOtUOll, 6, Thc pU:ile~ ~!ll'<< that Illhe, Cann(ll exm,~ their c(lstodiul perilld, thuttne other pareIH will be granted first option of (;ustvdy j, Neither P~TlY shall move frm:! Ihel: presen: home III c>.,'e\\ 01 torty.ftv~, 145) miles without Slxly (60) Cd). nOllre to the lllhtr pany 6, The, Furlle,s J~~ thJlthlS SlI}llllnlllJn shall pe mAde 411 orucl' of lhe Court, _ rt,A/.'{//r;; ).,//;/<;:1 J;;,v.e4Ab. rOin1-&1~ ,.0 leI P Conne!ly L' Evelyn Tll)l.con::llrJ U / l ( / ( , -E----- . , L.._ __ " __ pebra qt1li~pO eM lor. E;qUlre Atlorne~- for Det'endu'l, E"dyn Toy-Connelly