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`1:5UC!?IC'
lilliat Rfettler, I'h.l).
Riegler • Shienvold Arnold T, Shienvold, 1110).
& Associates Mellndii Fn+h, M.S.
Wayne •lirnw, M.S.
)omen
CUSTODY EVALUATION Mlchuel J. N'. Anke ske L.S.W.
n, I'h.l).
nnnnle Ilnwurd,
Arnold J. Baum vs. Suzanne S. Abel Amy K. Keisling, A.C.S.W., L.S.W.
(inyle Slrrlmgnn. M.S.
REFERRED BY: The Honorable Kevin A. Hess, Judge, Cumberlanti?10 LuNrcnrr• L.S.W.
County Court of Common Pleas
REFERRAL REASON: To evaluate and counsel Arnold J. Baum and Suzanne S.
Abel regarding the most appropriate custodial arrangement
for their daughter, Elizabeth R. Abel, d.o,b., 11/20/91.
INDIVIDUAL INTERVIEWS, Arnold (Jay) Baum - three hours
Suzanne Abel - three hours
Joanne Baum - one hour
Elizabeth Baum (Ellie) - two hours
JOINT INTERVIEWS: Suzanne and Jay - two hours
PSYCHOLOGICAL
TESTING (MMPI-II) Jay Baum
Suzanne Abel
Joanne Baum
PARENT'/CHILD
INTERACTIONS: Each of the parents were observed interacting with
Ellie in the office setting.
HOME STUDIES: Observations were made at each of the parents'
residences with Ellie present.
OTHER
1
INFORMATION: 1. Court Order of October 11, 1996 was reviewed.
2. A letter from Jay Baum to Suzanne Abel dated
June 15, 1997 was reviewed.
3. A faxed letter Isom Suzanne Abel to Susan
Lederer dated June 26, 1997 was reviewed.
4. Multiple records regarding Edlie's work at the
I larrisburg Academy were reviewed.
• , 5. A copy of a letter ti•om William G. Corey,
Esquire to Alison Taylor, Esquire dated June 6,
1994 regarding Suzanne Abel's ability to work
Fax: (7 17) 540-1.11/ • (7171 5.10- 1.11.1 • 2151 1 1nf-,Iesi s 11 I o;it I. tinier 200 • 11iirrishin;', I'rnnsyhania 17110
Page 2
Baum v, Abel
under the supervision of another attorney was
reviewed,
6. A copy of the positive findings of the paternity
blood test was reviewed.
7. Verbal contact was made with Susan Gillis,
Suzanne Abel's current Individual therapist.
The recommendations at the conclusion of this report are a result of the analysis of all of
these sources of information.
BACKGROUND
Jay Baum and Suzanne Abel are the biological parents of Ellie Abel. Jay and Suzanne
were never married, nor did they every live together. Suzanne became pregnant with Ellie during
their brief dating relationship. She subsequently gave birth to her on November 20, 1991.
Suzanne reported that Jay initially denied paternity of his child. Additionally, he had asked that
Suzanne either abort the pregnancy or put the baby up for adoption. Jay concurred that
Suzanne's report was accurate.
Jay indicated that upon finding out about Suzanne 's diagnosis of Multiple Personality
Disorder he was no longer comfortable dating her. He was surprised by her pronouncement of
the pregnancy because they had been using birth control techniques, lie was uncertain of the
paternity, but preferred to not have a child with this woman.
According to Suzanne, Jay had one contact with Ellie shortly after her birth, but did not
see her again for two and a hall'years. Jay stated that upon being sued for support he asked for a
paternity check. Once paternity was established he feels that he accepted his responsibility and
began visiting with his daughter. Visits at that time were limited to alternating weekends at
Suzanne's discretion, in accordance with the visitation schedule that was established for her other
two children. Suzanne has two sons. Justin and David Abel, who she shares custody with her ex-
husband, David Abel.
The current dispute arose when Jay Baum sued for primary custody. The catalyst for this
suit was that Suzanne refused to allow Jay to have partial custody of Ellie f'or the sumnur of
1994. Jay till that there was a precedence for him to have custody since Suzanne had allowed
him to have custody of Hllic for the prior summer. She had done this because she was in the
process of studying for her bar exam and needed time away from Ellie. During that time period,
Suzanne visited with Ellie on afternaling weekends. When Jay asked for the same schedule fur the
next summer, Suzanne flatly refused
Page 1
Baunn v. Abel
Iloving tiled for primnry custody, Jay also expressed it multitude ol'other concerns about
Suzanne's care ortheir daughter. I le is particularly concerned about Suzamne's overall emotional
stability Ile reiterated that she has a dingnoMs of Multiple Personality Disorder and acts In an '
extremely unpredictable manner I le. thetOurc, believes that he and Jumme ollcr it more suable
environment fir 11he. Jay stoles that Suzanne will not recognize Joanne its an important figure ht
Ellie's lilt and basically wants her "burred" Ii out contact with F.Ilie Suzanne skill ollen refer to
Joanne as "his whore" and dues not attempt to MUCH her onager towards this woman.
Jay is concerned that Suzanne ndoes not pay enough nuention to lillic when Ow is with
her. Ile notes that lillic ollen speaks ofjust sitting in !ions orthe television at her mother's home.
Ellie has told them that iter nether will not rend to her on play games with her. Furthermore, Jay
indicates that Ellie is logging actulenically in kinder garter and that Suzanne dues nothing to help
learn her letters or numbers. It should be noted that Jay opposed Bids going to a lull-day
kindergarten at the I lauisburg Academy. but that Suzanne unilaterally placed he' in the
kindergarten program. The Mechanicsburg District in which Suzanne lives had indicated that they
did not Icel that Ellie was ready fin kindergarten of that time
Jay is concerned about some of the things that lillic hears C om her mother, Suzanne has
talked to I.II& about support payments and that. "he' daddy doesn't pay Ar her " Furthermore,
Suzanne refers to Jay, with the Spanish word for "asshole." Jay is concerned that Suzanne uses
very fcw routines within her household 'fhe family does nut sit down to it regular meal in the
kitchen or dining area, bill will rather cat in front of the television in the Gunily room. I le is
concemed that Suzanne will not allow any pictures of his Ilunily in he house
Joy is also worried about the type of discipline that lillic receives at Suznm+e's home. Ellie
has indicated to him that her mother "scrcanns" at her all the lino 'there is also some indication
that Suzanne slaps Ellie in the mouth when :mgr y. 'thee are other problems with discipline that
have been noted. Suzanne has had difficulty with he younger son. David. who has apparently
been diagnosed with an Oppositional Defiant Iiscuder Billon loo, has shnwn an increase in
defiant behavior over the last year ['here has been very little connnunication between Suzanne
and Jay. which also bothers him
Suzanne is not in 1'4vor or changing the current custodial cu I angennen She Iccls that P.llie
is liar better oll'in her care than in her father's cur She notes that Jay "did not, even want I?Ilic "
It is Suzanne's Iccling that the entire custodial situation is being directed by Joanne She notes
that "his wife wants at child She is not going to have mine " Suzanne is upset that Joanne
"I'orces" lillic to call her mummy and Suzanne. "mummy Suzanne " Suzanne is also upset that
Joanne provides uansportatiun fur 11he instead orJay In filet, Suzanne has notified the Sunday
school and the llarrisburg Academy that that behavior kin violation ofthe curreu Court Order
Rage A
RE: Bourn Y, Abel
Suzanne does not believe that It was a bad decision to start Illle In kindergarten. She also
does not Icel that she violated Jay's rights by making that decision Finally, she noted that with
respect to that issue she stated, "'T'here Is no proof that children shrivel and die il'they are placed
in school early." Suzanne notes that she has not attempted to limit Jay's little with his daughter
Not only did she agree to the alternating schedule, but has asked Jay on multiple occasions to take
Ellie f'or additional time. Site Indicates that he has not utilized his tittle on Wednesday evenings to
the extent that he can. Suzanne feels that he puts other priorities before lillie. Suzanne also
slated that the Baum family Is a wonderful family and site believes that it Is healthy Im Ellie to
have contact with ahem.
Suzanne noted that after Ellie had been with Jay for the summer of 1995, she began to
have increased problems with Ellie. She stated that it was after that time that Ellin began referring
to Suzanne as "Suzanne" instead of mommy. She also believes that since that lime lillie has
shown increased behavioral problems Ibllowing her visits with her father.
In general, Suzanne does not see Jay as being able to care for Ellie by himself She feels
that he relies heavily upon Joanne to provide this care. 'theref'ore, she believes that she is the
more adequate parent. Suzanne believes that she adequately meets FIlie's needs and provides the
love and attention that is necessary for Ellie to develop in a healthy manner,
JAY BAUM
Jay is a 40 year-old man who is employed by the State olTennsylvania. Ile is a permanent
pan-time worker who works a two week alternating schedule Jay has had this job for the last
two years. Jay has been married to Joanne since July of 1995 They live together in their home in
the I lummelstown area.
Jay presented as it tall, slender man who dressed in clean, cnsunl clothing lie presented
for all of his appointmems in a timely fashion. Jay was liiendly and open during his interviews
His responses were generally thoughtful and direct. Jay speaks in n very slow, loll manner.
With respect to allcet. Jay seemed to be conrfintable and relaxed in the evaluation
situation. He wits appropriately serious, bill also showed a good sense 01111,11110T Ile appeared
neither anxious nor depressed during any ul'the sessions. Furthermore, he denied airy significant
symptoms associated with anxiety or depression Jay's thinking appears to be relatively concrete
and simple. He appears to be of average intellectual ability, lie was able to articulate his
concerns in a rational and logical fashion 'T'here were no indications of any type ot'disturbance in
his thinking. Jay expressed it wide range in interests, primarily associated with the outdoors, I le
also raises and trains clogs.
Page 5
flaunt Y. Abel
Interpersonally, Jay appears Un be u. relatively passive, non-assertive individual. There is
some degree of indecisiveness associated with his responses. 'T'here is also a tendency far Jay to
be somewhat dependent on other individuals for advice. Jay Indicates that he was raised in a '
relatively happy tinnily setting. I Its father died alter Jay was already an adult. He has two
brothers with whom he feels close. Jay is a high school graduate who did not complete his degree
program at I larrisburg Area Community College
Jay's MMPI-11 profile is valid. Individuals with this profile tend to be mildly defensive, but
this is not unusual in this type of evaluation. All of Jay's clinical scales are within the normal
range. Individuals with this profile tend to show a tendency towards naivete, optlnism and self-
centeredness. They tend to be extroverted with good social skills and generally tend to avoid
unpleasant issues. They may overuse denial and show a lack of insight into sorne ol'their own
problems. There is no psychiatric diagnosis associated with this profile.
Jay's interactions with Ellie were marked by comfort and enjoyment They both seemed to
be very relaxed with one another in the ollice setting and in the home setting. In the otlice, Jay
Immediately got on the floor with her in order to play in an innaginuly manner. lie was not
anxious nor embarrassed with this type of interaction with his daughter. lie was able to follow
I'llie's lead and give suggestions to help her at tbnes. In working with a play lunch set, Ellie and
Jay said "prayers" before dinner. They constantly talked about activities that they do together.
The language that they used was age appropriate and he listened alternatively when she spoke to
him. Ellie enjoys being playful and is quite assertive. Jay was able to set limits regarding clean
up.
The home observation revealed that Jay lives in a large property that contains a barn, the
home, a kennel addition and swimming pool. There are all sorts of pets within the home which
the entire family helps to care for. Ellie has her own bedroom in which there are a significant
amount of toys and an aquarium. The home is sale with ample areas in which Ellie can play,
It should be noted that Ellie rclers to Joanne as nnom when she is at that house. There
appeared to be genuine affection between them. This was demonstrated both within the office
and the home. Both Joanne and Jay share in the care and play with Ellie. Ellie appeared to be
more at case within this setting than she was at tier mother's )ionic She showed genuine
enjoyment in being a part of this family.
SUZANNE ABEL
Suzanne is a 35 year-old woman who currently lives alone with Ellie in their home in
Mechanicsburg Suzanne is employed by the Bureau of Workers' Compensation as an attorney.
Ilowever, she has not yet passed the bar exam. She has held tier current position lbr a little over
one year
Page G
RE: Baum v, Abel
Suzanne presented as a slightly overweight, blond haired woman who appeared her stated
ago. Suzanne presented for all of her appointments In a timely manner, She was always well- '
dressed and neatly groomed. She presented on several occasions with documents that she
thought would be helplbl for the overall evaluation.
Aflcctually, Suzanne appeared to be angry and Irritated throughout the evaluation. She
was frequently sarcastic in her responses and spoke with on edge in her voice. Although Suzanne
did show some sense ofhunwr in her sarcasm, her overall hostile attitude remained present,
Suzanne was cautious in many of leer responses and assertive in stating her needs within the
interviews. She does not appear to be someone who gives up control easily.
Suzanne admitted to a very significant psychiatric history. She states that she has been
diagnosed with Multiple Personality Disorder. She has been undergoing treatment from various
therapists over the last seven years. 'treatment includes a one month residential stay at River
Onks Hospital. Suzanne indicates that she was severely abused physically, emotionally and
sexually as a child. The focus of the treatment at River Oaks was her history ol'abuse. Suzanne
states that she has two brothers who are alcoholics.
Suzanne is obviously it bright woman. She recently completed law school and has also
taken course work towards a Master's I)egrec. As noted above, she has not yet passed the
Pennsylvania Bar Exam. During her interviews, Suzanne's thinking appeared to be clear and
logical. She showed no signs of cognitive distortions or other symptoms associated with a
thought disorder. Within these sessions she also did not demonstrate symptoms that would be
associated with anxiety or depression.
Interpersonally, Suzanne demonstrated acceptable social skills. She was direct and
assertive in her interactions. She did not attempt to filter angry feelings to impress the exatniner.
When interacting directly with Jay, she demonstrated a sarcastic, cutting conversational style.
There is some question as to whether or not Suzanne is able to control hostile impulses to an
adequate degree. For example, in one of the joint interviews Suzanne admitted that she uses the
derogatory nickname for Jay and attempted to justify that on very weak grounds.
Suzanne's MMPI-II profile is very significant for emotional problems. The profile is valid
and is indicative of an individual who willingly admits to minor faults and short comings.
Individuals with this profile have extreme difficulty expressing negative feelings in a modulated,
adaptive fashion. Periodically they tend to be aggressive and hostile because of bottled tip
feelings that eventually breakthrough. Periodic anxiety attacks are possible. Irritability is
generally present, but overt anxiety or depression are unlikely Emotional instability is
characteristic of this profile.
Page 7
RE: Baum Y. Abel
'T'hese individuals often have an unstable history associated with work, living situations
and relationships. I fistrionle traits such as egocentricity, Immaturity and attention seeking may be
present. They can appear extremely uninhibited In social situations and sexual acting out is
possible. 'T'hese individuals also demonstrate a low frustration tolerance and impulsivity. On the
other hand, some of these patients may appear childish, energetic, and talkative
Interpersonally, these individuals experience considerable problems socially and in social
interactions. They may experience feelings of inadequacy and feelings of alienation from others.
Often strong demands are made on others for affection and attention. It is not beyond them to
use manipulative means in order to get their needs met. Forming warn, intimate relationships is
often difficult. Their interpersonal problems probably have their origin in a long history of
inadequate family and social relationships.
Cognitively, these individuals may experience time periods of confusion. They generally
have a difficult time feeling trust with others around them They tend to use an excessive degree
of repression and denial when trying to create a sense of control in their lives, They also tend to
externalize blame for problems in their lives, They are prone to experiencing many physical
symptoms. These may have it psychosomatic basis its it means of dealing with stress
Diagnostically, there are multiple syndromes associated with this profile. Given Suzanne's
psychiatric history and prior diagnosis of NIPD, it is unnecessary to relate the other diagnoses.
Suzanne was observed interacting with Ellie on two separate occasions, once in the office
and once within the home. In both situations the relationship between Suzanne and Ellie appeared
to be comfortable, although Ellie was more rambunctious and silly when with her mother than
with Jay. This was noted within her behavior when she would mimic her mother. There appeared
to be a slight edge in the relationship that was either competitive or anxious Nonetheless, within
the office Suzanne got on Ellie's level and began interacting with her, She talked in age
appropriate language and made good eye contact during her interactions. Suzanne tends to be
more directive with Ellie than does Jay Ellie was somewhat slow to respond verbally forcing
Suzanne to work harder within the interaction Ellie did take direction from her mother and
listened to what her mother had to say. Suzanne used several opportunities to teach Ellie how to
do something with a card game, reinforcing Ellic's behavior thercafler.
Within the home setting, the home observer noted Suzanne's sarcastic attitude. Within
that setting, Tillie also responded to her mother's attitude without any negative effect. The
relationship appeared to be easy and con listable Suzanne appropriately went through Ellin s
homework with her and planned the next day.
Page 8
RE: Baum V. Abel
FLUE AUFI.
Ellie is a 5 year and 10 month old attractive child with shurt brown hair. She attended
kindergarten through the I lar isburg Academy for the 1996/1997 school year. IJer schooling f'or
the 199711998 school year remains hl question. If she is with her mother, she will go to
Mechanicsburg public schools and if with her Luther Lillie will attend the Lower Dauphin
Elementary School.
Ellie experienced social and academic problems at the Academy. She is noted to have
logged somewhat behind inobtahning some of the letter and number skills for kindergarten. She
also had a difficult time structuring herselfbehaviorally. The teacher's felt that her behavior was
immature when it cane to following directions. It is also noted that on occasion she would act
d16respcetively towards the teachers. These reports brought into question Ellie's readiness for
kindergarten at that time, and her future readiness for first grade.
Ellie easily separated from both of her parents when being interviewed. She also looked
for affection from the interviewer placing herself in very close proximity to him. There was no
shyness or social anxiety expressed. On the contrary, Ellie appeared very comfortable in this new
situation
Ellie indicated over the course of her interviews that she has more No at her lathers house
than her mother's house. She stated that her mother plays very f'ew games with her. More often
they watch television together rather than play games. While at her father's house she has many
more things to do. Either she and her dad, and/or Joanne will play games inside or play outside.
She particularly likes the animals at tier l'ather's house and enjoys pan of the responsibilities of
taking care of them.
Ellie stated that tit tines tier mother is extremely mean to her. She noted that her mother
has slapped her in the mouth on occasion. She stated that her mother will say bad things about
tier father, but that tier father does not say bad things about tier mother. Ellie stated that on one
occasion her mother whipped the dog of her boyfriend with it belt. This made Lillie sad.
In general Ellic appeared to be it happy, bright child. She demonstrated at adequate
vocabulary and appropriate social skills within this setting. As noted above, tier parents have
reported various behavioral problems at home and at school. She appears to be experiencing
significant anxiety and distress secondary to the custodial situation. However, the environment
appears to be less tense at her father's home. She also appears to feel more secure in that setting.
Page 9
RE: Bourn v, Abel
SUMMARY AND RFCOMMFNDATIONS
Jay Ilaunn is requesting that prinunrycustody be transferred to hbn. lie feels that he can '
provide a more stable and consistent environment for Ellie. I Ic also believes that he can do it
better job in encouraging her relationship with her mother than her mother can do In encouraging
the relationship with him. Ile Icels that Suzanne 's emotional instability makes it difficult f'or her to
parent Lillie in a consistent manner.
Suzanne feels that primary custody should remain with her. She indicates that she has
always served in the role of primary custodian and doubts that Jay could seriously handle that role
without Joanne's help, She believes that Joanne is behind the thrust f-or primary custody because
she is unable to have children of her own. Suzanne believes that Jay could have increased (line
with Ellie if he so desired, but he has not pursued this in the past.
The current evaluation tends to support Jay Baum's concerns about this overall situation.
I listory, current interviewing, and psychological testing demonstrate that Suzanne sutlers with
significant emotional problems. She presented as an extremely angry, sarcastic woman who
shows a considerable lack of respect for Jay and Joanne Baum. Suzanne is limited in her ability to
control her hostile feelings and it is believed that she frequently demonstrates these feelings to
Ellie. She seems to lack adequate impulse control to be able to tiller some ofthese adult feelings
from her five-year old daughter. I ter impulsivity and volatility also present problems for Ellie
with respect to direct parental care, I c. (he episodes of corporal punishment. tier MPD
symptoms may lead to difficulty with establishing appropriate intimate relationships with Ellie.
In my conversation with Susan Gilius, some of these observations were shared in an
attempt to help her work with Suzanne around custodial issues. Interestingly, when asked for
feedback, Ms. Gilius indicated that she could not "disagree with what I am hearing." That
comment was taken to reflect general agreement with the observations made during the
evaluation.
It is Mt that as a function of her problems, Suzanne is unable to show good judgement
when it conies to keeping Ellie out of the middle of the various adult conflicts. Iter
overwhelming desire to limit Joanne's involvement in the situation shows a lack of recognition of
the importance of Joanne's relationship with Ellic. Ellie clearly shows that she has a warm and
nurturing relationship with her step-mother. Their relationship can only serve to help the
betterment ofEllic. Yet, Suzanne would totally eliminate it if it were at all possible.
While it is recognized that Jay may not have the experience to the be sole primary
custodian for Ellie, he demonstrates a genuine love and concern for his daughter. With the
complimentary help of Joanne, it is felt that Ellie would experience a stable and secure
environment within the Baum household Neither of these individuals demonstrate the hostility
Page 10
RE: Baum v. Abel
and anger towards Suzanne that she demonstrates towards them. Furthermore, they have shown
the ability to curtail negative and derisive comments about Suzanne in front ol'Ellic.
Furthermore, they have not exposed Lillie to other hostile situations between them. '
It should be noted that Jounne also completed the MMPI-11. I ler results are valid. All of
her clinical scales are within the normal range. There was nothing within her interview nor
psychological testing that would cause concern about her caring liar Ellie. On the contrary, her
experience as a teacher is in special education. letters of reference about her teaching ability
were reviewed and they all indicated that she does excellent work.
'T'herefore, it is recommended that primary residential custody of Ellic be given to Jay
Baum. It is further recommended that Suzanne be allowed periods ol'partial custody alternating
weekends from Friday evening until Sunday evening. It' the Monday following one of her
weekends is either a legal or school holiday, that Ellie should remain with her mother until
Monday evening. Additionally, Suzanne should be able to have a mid-week visit which would last
from the time tlmt she is done with work utmil 7:30 pat. 'fie evening should be selected
contingent upon activities in which Ellie is involved. All holiday time should be shared between
these parents. It' Suzanne plans to continue her practice of Judaism, that both the Jewish and
secular holidays should be shared. II' Suzanne no longer plats to practice Judaism, than the
Jewish holidays should be spent with the Baum Innnily. The other holidays should be shared
equally. Finally, with respect to summer access, custody should be shared during that time period
in a two week block fashion. The schedule should correspond to Jay's work schedule.
It is strongly recommended that Suzanne Abel remain in her individual therapy so that site
can continue to work on the problems that have plagued her since childhood. It is recognized that
she will have difficulty accepting these custodial recommendations. It is hoped that her therapist
can help her gain insight into the problems that she has experienced and help her to identify ways
that she can continue to be an important part of Ellie's life. 'T'here is no doubt that Suzanne loves
her daughter very much, but her emotional problems make it difficult for her to maintain a stable
and consistent relationship with Ellic.
?-X 16
Date Arnold T. Shienvold, 11h, D.
Puplfne.Wallin, Ph.D.
Lirenrrrl P'syrhnlogftr
& Associates
r'N
CUSTODV EVALUA'rl()N
February 26, 1998
Childt Elizabeth "Ellie" Abel D,0111. 11/20/91
Parentet Suzanne Abel
Arnold Jay Ilautn
Dates of assessment: December 1997 • Jwnuary 1998
Assessment procedure:
201 South 32nd street
Cnnllr Hnl, PA 17011
(717)761•IN14
I'AX (717) 761.1942
I, Interviews with Suzanne Abel, ulone and with Elizabeth
2. Interviews with Jay Baum, alone and with Flizabeth
3. Interview with Joanne Baum, Elizabeth's stepmother
4. Interviews and play observations with I:livabelh, alone, with each parent and with stepmother
5. Psychological testing:
Minnesota Multiphasie Personality Inventory (Mrs, Abel, Mr. Baum, Mrs. Dawn)
Children's Apperception Test (lilizabeth)
6. Interview with (jury Custeel, firmer boyfriend of Mrs. Abel
7. Review ol'records:
a. Records furnished by Mrs. Abel:
Time line of events
Schedule of Elizabeth's visits with her father
Various letters to attorneys, schools, and Individuals
Testimonials Irom friends
Elizabeth's school papers and report curds
Family photographs
Excerpts from personal journal entries about rllie's development. 3/92.6/97
Medical records
b. Records furnished by Mr. Bawn:
Letters from Mrs, Abel to him and to the I larrishurg Academy
c. Records furnished by Joanne Bantu:
Dated log of conflicts between the (lawns and Mrs. Abel
d. Custody report by Arnold Shlenvold, Ph.D.. 9/10/97
c. Court documents
8. Telephone consultations with L•lizabeth's teachers at Upper Adams and Cumberland Valley
School districts
9. Telephone consultations with Peg Ilchn. M.S. and Sully Rooney. M.S., psychologists who
have worked with Elizabeth and her mother.
10. Telephone consultation with Dr. Shienvold
11. Interview with Daniel and Justin. Mrs. Abel's sons
CONVIA A IION • FVA It i A IION • 1'S Wal)I'IIIHAI'Y
r
bale Abel ... Page 2
BACKGROUND DATA
Elizabeth Abel Is the daughter of Suzanne Abel and Jay Buunn. She was conceived during a brief
relationship between Mrs. Abel and Mr. Baum, and born several months aller the relationship
had ended. At first Mr. Baum denied paternity, but later agreed to genctle testing. When It was
determined that he was the biological father, he Initiated visits with Ellie. By this time Ellie was
about two years old. The parents dill'er in their recall ot'esactly how old Ellie was when her
lather begun visiting with her.
During the summer of 1995 when Mrs. Abel was studying for the Pennsylvania Bar c.?ant, Ellie
spent most of the summer with her father. In 1996 Mr. Baum tiled liar custody of Ellie ufler Mrs.
Abel refused to allow her to spend the majority ol'the summer with him. This resulted in u
conciliation conference, in which it was ordered that Dr. Arnold Shienvold conduct "counseling
and family therapy" with the couple, for the purpose of reconmmending "to the parties u
permanent order with respect to a custody arrangement in this case." Dr. Shienvold subsequently
submitted a "Custody Evaluation" to the court, recommending that primary physical custody of
Lillie be given to Mr. Baum.
When Mrs. Abel contested the report and the manner in which the data were gathered. another
conciliation conference was held 12/2/97, and an independent custody evaluation was ordered.
FINDINGS
SUZANNE ABEL
INTERVIEW DATA
Mrs. Abel arrived promptly for her uppointments. She was neatly groomed and spoke articulately
in a matter-of-fact, somewhat detached manner. She was openly critical of Mr. and Mrs. Baum,
as well as of her ex-husband. Although she acknowledged having had psychological dillicultics
in the past, she attributed most of her current 1rustrations to people and situations outside herself'.
At the initial visit she provided written documentation in the form of a time line, ol'signiticant
events in her life, including relationships. marriage, divorce. children and education. She also
volunteered to sign release forms permitting me to talk with Ellie's teachers and former
therapists.
Mrs. Abel described the history of her conflict with Eillie's father and his wife over visitation and
custody. She claimed that when she became pregnant. Mr. Baum denied responsibility and
wanted her to have an abortion. When Ellie was born, he had nothing to do with the child until
the paternity tests showed that he was the father. By this time Lillie was 2'/2 years old. Mrs. AW-
t?
Wile Abel ... Page S
off=ered Mr. Baum what she t'elt was it tnir arrangement firr visitation, every other weekend and
one day during the week,
In 1995 Mrs. Abel graduated from law school. That summer, while she studied for the
Pennsylvania Bar exam, Ellie stayed with her lather. A month later, when Mrs. Abel requested
that Ellie return home, she clahnti that Mr. Baum "wouldn't give her buck." It took another
month for Mrs. Abel to have Iillie returned to her.
Mr, Baum married his wife fn 1995. Ile then allegedly told Lillie to call his wile "Mommy
Joanne," and to call her biological mother "Mommy Suzanne." Conflict between the two
families was escalating, Mrs. Abel said that she requested counseling lirr herself and Mr. and
Mrs. Baun together, but that they relnsed.
In the summer of 1996 Mr. flaunt expected to have Lillie stay with him firr the whole summer.
When Mrs. Abel did not agree to this. a conciliation conl'crence was held, They reportedly
agreed to joint counseling, but did not fellow through on it. 'T'hat summer Ellie spent alternating
two-week periods with each parent, which Mrs. Abel claimed was detrimental to FIlfe. The child
was cr^olled fn day camp, but her tether would not take her during the two weeks she stayed with
him.
In October 1996 there was another conciliation conlcrence. Mrs. Abel once again requested
counseling, which was ordered by the Court. She was later dismayed to learn that what she
thought was "counseling" turned out to be a custody evaluation with a formal report to the Court.
Mrs. Abel was highly critical of Joanne Bunn. She claimed that not only did Mrs. flnunl try to
interfere in educational decisions tier [=life (strongly advocating against early admission to
kindergarten), but that she also had "a Ictish with Ellie's bottom." Mrs. Baum allegedly was
overly concerned about toilet training and overly scrupulous in wiping Ellie's bottom atler the
child went to the bathroom.
Mrs. Abel also suspected sexual abuse. Mrs. Baunt reportedly took baths with Ellie and
accompanied Ellie to the bathroom, locking the door. (When I interviewed Mrs. Baum at a later
time, she denied these allegations.) furthermore. the school had reported that Ellie was
masturbating fn class.
Mrs. Abel contends that she is a better parent to I-Ilie than is Mr. Baum. She has been "the
constant fn Ellie's life," and that when Ellie is at her father's house, it usually his wife, not he
who takes care ol'the child.
PERSONAL HISTORY
Mrs. Abel described her family of origin as quite dysfunctional. She has one older brother and
two younger brothers. In her description of her parents she referred to them by their first names
rather than "my mother" or "my father." When I commented on this, she replied that this helps
000
r1
IIlle Abel ... Page d
her to think of them as people, Both parents abused alcohol and drugs. I ler father used
prescription drugs and her mother used street drugs, I ler tither was u professional and very
intelligent, but "he didn't seem to come with a spine." When her mother wus overly harsh In her
discipline and the children asked their father to intervene, he replied that he was too scared of
her, Mrs, Abel does not maintain contact with her family.
When Suzanne was 13 years old her parents separated. She wits then subject to sexual abuse by
her mother, which Involved Including Suzanne in her liuisons with men, as well as raping her
with alcohol bottles when Suzanne replaced the alcohol with water.
Despite her problems at home, Suzanne excelled in school, both academically and ht sports. In
her junior year her mother moved hit with u boyfriend, leaving the children on their own. Once a
week she'd come home, pick up the bills and leave grocery money. Suzanne was responsible for
her brothers.
After graduating from high school she attended Temple University on a full scholarship, but
dropped out to marry David Abel. Ills family was very supportive, especially utter she had their
first son, Justin In 1982. At that time she converted to Judaism and has practiced the religion
ever since. Mr. and Mrs. Abel had another son, Daniel, barn bit 1985. The marriage was
dissolved in 1990, Last May Justin went to live with his father, and in August Daniel followed.
Mrs. Abel has not contested this, since she felt it was In the boys' best Interest to live in their
father's home at this time. She maintains regular visitation with her sons,
Jay Baurn was a friend of Mrs. Abel's husband. Ile dated Mrs. Abel a few times alter her
divorce, but she loll the relationship when she learned that he was seeing three other women at
the same time.
Mrs. Abel currently works as a law clerk. In 1984 she returned to school, got her BA from Penn
State, and finished law school in 1995, She studied for the bar exam, but did not pass it.
In terms of personal relationships, Mrs. Abel stated that she was not involved with anyone since
Ellie was born until last February, when she met Gary Casteel, She moved into his home in
Gettysburg last August, but later learned that "he had a second life with about 34 other women."
and moved out in November, A few weeks later she began seeing another man. who, according
to Ellie, often stays overnight, although not in Mrs. Abel's bed.
Mrs. Abel's mental health history is significant. In 1990 she was diagnosed with multiple
personality disorder. She has been hospitalized twice: in December 1990 and in May 1991. She
has also had outpatient psychotherapy, and continues to see Sully Rooney every two to three
weeks. Mrs, Abel feels she has a solid understanding of how her problems developed, and knows
that she needs to continue working on them. She is currently taking Prozac.
d,4 e"`
EUfe Ahe! . , Page
PERSONALITY TESTING
Mrs, Abel's MMIII was within the normal range, In contrast to her MMPI.2 profile udnnhnistered
by Dr. Shienvold in February, 1997, which hndicuted significunt emotional and interpersonal
problems. This apparent discrepuncy could reflect the di&I-Cat Orcumsmnces under which the
test was administered. When Mrs, Abel was seeing Dr. Shlenvold, she assumed she was there for
counseling, and therefirre may have been more open hn admitting personal difficulties, ht file
present situation, she was aware that she was being evaluated fur parenting ahilities, and
therefore was probably defensive, as ore most parents in similar situations. Alternatively, It Is
possible that she Is experiencing less subjective distress than she did u year ago.
Although her MMPI scales were less elevated than In previous testing, the configuration of the
scales was similar. Mrs. Abel has difficulty dealing with her own anger. When angry site Is
likely to express it in an indirect way, e.g., via sacusnn or passive aggressive behavior, probably
because she fears the consequences of direct confrontation. periodically, when angry leelhngs
accumulate, she is apt to explode, She is not currently depressed, but site Is angry, The lest
indicates that she is likely to project blame onto others, which Is consistent with my clinical
impression.
BEHAVIORAL OBSERVATIONS WITII El.l.lli
During the several visits in which Mrs. Abel brought Ellie I observed that In file waiting room
they sat together reading or talking. I lowevcr. Ili my presence they became silly with one
another. For example, Ellie would bark like a dog and chew on her mother's finger, When lillie
said something that her mother did not agree with, her mother would challenge her, "Llur. liar,
pants on fire." They interacted more like peers than like u mother and daughter.
While Mrs. Abel was very attentive to Ellie and immersed herself bn play with her, there were
occasional comments that seemed inappropriate or overly dramatic, For example, while playing
together with orange playdoh, Mrs. Abel said cusu:nlly. "I've figured out why I don't like orange,
I've associated it with being afraid," Then she asked Ellie il'she ever got scared. When Ellie
said "no;" Ms. Abel responded, "Liar. liar, pants on lire." Shortly thereuller they sung a sang
together, a variation on "Wild Thing." Their version was "You Lire my weird thing! You make
my heart sing! You make my ears ring!"
Mrs. Abel was generally positive and encouraging, but sometimes her praise took unusual firrm.
For example, she told Ellie that she appreciated how Ellie kept the blade of the plastic playdoh
knife away from her fingers. She then reminded Ellie of the time when she (Mrs. Abel) hod cut
her finger and there was blood everywhere.
Thus, although Mrs. Abel and lillie have a very close, often playful relationship, her conunetts
often reflect "leakage" from her own problems and anxieties. From my consultations with
previous therapists, this issue has never been addressed,
r"1
rl?
lalle Abet ... Page 6
Mrs, Abel did have adequate disciplinary control over Ellie, For example, when she told [-.'life to
clean up in the play room, Ellie compiled. Mrs. Abel wus encouraging, patient mid supportive.
She did not aisplay much cuddling, stroking or gentle signs of physical affection. She encouraged
achievement and Independent behavior In Ellie, mid used opportunities during play to provide a
learning experience for the child.
Mrs. Abel's notes and personal journal entries reveal that she has been attuned to many details of
Ellie's development, including milestones, preferences and perceptions. There was genuine love
expressed in these writings. Mrs, Abel noted in July 1993, "Since the tests cane buck In late
March, you have developed a whole new family. Grandma Buu)n is wonderful with you ... "
She also wrote about Ellie's father in positive terms, until 1996 when she blamed hill) for the
upheaval in Ellie's life. In an entry dated 8/5/96. Mrs. Abel wrote that Ellie was trying to [earl)
how to keep herself "out of the parenting triangle."
Mrs. Abel puts a great deal of effort into being a good parent. She Is focussed on 1:11ie's
achievements, but she is less able to Identify with her emotional needs,
Jay Baum
INTERVIEW DATA
Mr. Baum arrived promptly for his appointments. He was cooperative with the evaluation
process. He was casually dressed and spoke in an open, somewhat rambling manner. At the first
interview he made it clear that he wanted "what's best for Ellie.'" but also spent most of the
session criticizing her mother, presenting himself and his wife as victims of Mrs. Abel's wrath.
He claimed that Mrs. Abel did not dress Ellie warmly enough, that sometimes her clothes had
(toles in them, and that Mrs. Abel used Ellie "like a pawn on a chess game."
In response to my questions about Mrs. Abel's statement that he had initially denied paternity, he
replied that they had used condoms and therefore he assumed that he couldn't be the father. He
contended that he initially suggested that they both get blood tests, but that she refused. It was
not until 15 months later, when he was served with papers demanding child support. that he
insisted on blood tests and she then compiled.
There is some dispute as to the age at which Mr. Baum began seeing his daughter. lie claims
Ellie was 15 months old, and produced a photograph of her crouching beside a dog. She looked
to be about a year and a half, but her mother had a copy of the same photograph and insisted that
she was sure Ellie was well over two years old. I have not obtained independent verification of
the exact date when Mr. Baum begun his visits with her.
Mr. Baum also offered his own version of the brief relationship with Mrs. Abel. He claimed that
he stopped calling her after she shared her mental health history with him and woke up in the
middle of the night talking like a three-year-old. She reportedly pursued him after he terminated
l'.ttte Ahel ... Page 7
the relationship, and when she learned she was pregnant, allegedly told him flint he should many
her and take care other hi the manner to which she was accustomed,
Mr. Baum said that problems with Mrs, Abel begat tiller be married his current wile. When Ellie
spontaneously addressed Mrs. Baum its'1nom" he instructed Ellie to call her "nlanl Joanne."
However, Mrs, Abel was so Incensed by this thus she took him t11 court over this issue, and he
was ordered to put a stop to this. Mr. Baum noted sarcastically that when Mrs, Abel was living
with Gary Casteel, she allowed I?Ilia to call him "dad." Mr, Baum was also concerned about the
degree to which Mrs. Abel would undermine him Land his wile. For example. 1{ Ilse told him that
her mother reterred to Mrs. Baum all a "bitch," and that she told Is111c that her lather doesn't love
her, lie attributes Ellle's problems In school lust year to her mother's "muking up all those lies."
As tier hinnself and his wife, they do not say derogatory things about 1111e's mother in the child's
presence.
Mr. Baum contends that he would be a better role model aid parent liar Ellie. I le has it stable
home and a family environnicnt. lie lives in a rural area with many animals and there Is much
room for Ellie to play. Ile recently joined a synagogue because he believes strongly In rellglous
education. Although his wile is not Jewish, she wins at participate ht Ellic's religious
education, and has volunteered at her Sunday school. Ile works part file so that Inc cull make
Ellie his priority. On the other hand, her mother has moved three times in the past year, and Ialie
has been in three dificrent schools.
Ile made frequent reference to Mrs. Abel's psychological problems. Ile described conflict
between her and her ex-husband, arising out of allegations that her ex-husband had sexually
abused her sons. Mr, Baum said that there was no substance to those allegations, Ile viewed
Mrs. Abel as perceiving things erroneously and overreacting to them.
Mr. Baum defended his wife's involvement with Ellic, despite Mrs, Abel's objections. I IC
emphasized that his wife was a special education teacher. Ile admitted deterring to her opinions
on dealing with Ellie, because he respects his wil'e's knowledge and experience.
He wants her to be involved in raising Ellic, and welcomes her participation hn helping with
mealtime and bedtime routines,
PERSONAL HISTORY
Mr. Baum described his family ol'origin as warn and loving. I le has two younger brothers, with
whom he maintains a harmonious relationship. I Ifs tither was a salesman, %1111 "quit his job
because he wasn't home enough forme." Ilis father died of age S I. Mr. Ihuun could nut recall
how old he was at the time. He recalls a happy childhood, with parents who were supportive. lie
enjoyed cooking with his mother. His family went on camping trips and nattue oulings logelber,
Mr. Baum was somewhat defensive in describing personal difflcullics. In school W"wahli'l file
world's greatest student." He attributed this to the fact thin when the funnily moved to ( Hilo he
did not want to go, and he threatened to foil his school year if they did so. I hat year his grades
I'1
t•:Ille Abet ... Page B
were poor, but he did pass. When the family returned to Pennsylvania, he once again upplied
himself; but he never caught up. Mr. Baum uttended HACC For a year and a hull' but did not do
well because he couldn't work and keep up with his studies at the sane time, and also because he
was not good at written tests.
He was married for the first time "around 1979 or '80." They separated after 2'/: years because
his wife had extramarital affairs, Prior to dating Mrs. Abel he dated several women, most of
whom he had met through a Jewish dating service, lie knew Mrs, Abel through her husband, mid
he described her as "a real lady" and "pleasant to talk to." They saw each other four tines in four
months, and he left the relationship because he did not feel he could handle her emotional
problems,
Mr, Baum met his current wife through dog training. He has enjoyed animals and the outdoors
ever since he was a cub scout. Fie noted that Ellie also loves animals and the outdoors.
For the past three years lie has worked for the state, in a permanent part-tine position as a clerk
in the Department of Revenue, Prior occupations Included sales for Tru-Green and Muzak, and
he also had his own business doing custom restoration and floor refinishing.
PSYCHOLOGICAL TESTING
Mr. Baum's MMPI reflected a significantly defensive approach It answering the test questions,
minimizing personal shortcomings. Most scales were within the normal range, with one of them
at the top of the range and one slightly above. The profile reflects a very outgoing Individual
who enjoys pleasing others. However, Ire Is also overly sensitive to being controlled by others,
and when he perceives he is being controlled he is apt to overreact internally, but will not
typically explode. Fie is more apt to show anger in indirect ways, e.g. vita passive resistance. He
is quite naive and has little insight into his own feelings and motives. The test results are
consistent with any clinical impression.
Mr. Baum's current MMPI is similar in configuration.to the MMPI.2 administered by Dr.
Shienvold in August 1996. The main difTerence is that the scales are slightly more elevated,
indicating a mild increase in distress level, and that his anger is more intense than previously.
BEHAVIORAL OBSERVATIONS WITH E:L.LIE,
In the waiting room, Ellie sat next to her dad and they looked at books together. Mr, Baum was
warm and attentive to Ellie both in formal observation and in our casual encounters outside the
interview room. In play he followed her lead, but also directed her toward greater mastery of the
task she was engaged in. He readily joined Ellie in her fantasy with the plastic farm animals.
During his conversations with Ellie he referred to his wife as "mom," and did not discourage
Ellie from also doing so.
04
time Abel. . Page 9
In the last session with Ellie, she was mildly aggressive and defiant toward her lather, Ile
admonished her In a calm voice, and they continued to play together, Ile then distracted her front
her anger with a game of "memory" In which she identified which plastic animal he had removed
from the group in front of her, By the end of this game she was once again calm and cooperative.
In dealing with Ellie, Mc Baum was generally positive, Ile was neither overly protective nor
overly pemnissive. When discipline was necessary he was patient but firm, Ile did not criticize
Ellie's mother when Ellie was present, but when she lell the room, he was quick to voice his
disapproval of her mother's life style.
Joanne Baum
INTERVIEW DATA
Mrs, Baum arrived for her appointments on time, and she was cooperative with the evaluation
process, She seemed guarded in our interview, as well as anxious to present herself in u positive
light. She expressed concern that Ellie grow up In a stable environment and have good self-
esteem, Ellie has told her that her mother is mean and that she yells.
Mrs. Baum contends that Ellie's father can provide the stability and consistency that the child
needs. As evidence that Ellie enjoys her visits, Mrs. Baum said that she never asks to call her
mother and that she dawdles when it is time to leave, She described her husband as a very giving
person, although she acknowledged that "Sometimes he has to learn that he can't just take offon
the spur of the moment when he has Ellie."
Mrs. Baum believes that much of the animosity between the two families stems from Mrs, Abel's
anger and jealousy. She described Mrs. Abel as a "day and night person, One minute she'll be
real sweet to you, and later she'll go off" In the past Mrs. Abel has changed the visitation
schedule in what Mrs. Baum believes to be an arbitrary, vindictive manner.
I asked Mrs, Baum about Mrs. Abel's allegations concerning her "fetish with Ellie's bottom."
Mrs. Baum replied that because Ellie had not been wiping herself' properly after going to the
bathroom, she would develop rashes, and Mrs. Bann tried to make sure the area was clean. She
admitted that she used over-the-counter ointment to facilitate healing of the rashes.
This is Mrs. Baum's second marriage. She was married previously from 1976 to 1981. The
details of that marriage were not explored in our interview. She currently works as a special
education teacher in Derry Township, and she also trains dogs, She did not mention it, but Mr.
Basin had previously told me that she is well known for her work with dogs, and that, her animals
have appeared on the cover of a trade magazine. She enjoys her work and hobbies, and enjoys
Ellie's visits.
r"4 I'1
bills Abel ... Page In
PSYCHOLOGICAL TESTING
Mrs. Buun's MMPI was within normal limits, She responded to the questions in u mildly
defensive manner, which is not unusual In this type of situation, The profile was similar to that
ot'November 1996, but with u slightly more serious, mistrusting and introverted attitude. The
scale configuration suggests u conventional, rule-conscious approach to life, us well as u tendency
to express anger In an Indirect manner.
BEIIAVIORAL OBSERVATIONS WITII ELLIE
Mrs. Bann approached Tillie In it gentle, low-key manner, fillic was spununeously ull'eetionate
with her, touching her and cuddling up to her. When Tillie behaved In u silly manner, Mrs. Daum
ignored the behavior. While playing with Lillie, Mrs. Baum uppeared comfortable and relaxed.
She lollowed Ellie's lead in working with playdoh, and encouraged Ellie to try new things. Ellie
addressed her as "mommy," which Mrs, Baum did not contest.
I did not observe any problenns with discipline. Atone point, when Ellie stared down the stairs
head first, Mrs, Baum commented, "Arc you sure you wont to go down that way?" Lillie then
spontaneously got up and walked down the steps in u normal manner.
Justin and Daniel Abel: Interview Dula
15-year-old Justin and 12-year-old Daniel were brought to the interview by their mother, When I
asked theta If thcy knew why they were here, Daniel replied, "Under the request of my mother we
are here to be evaluated on behalf of my sister," Daniel was clearly protective of his mother. He
alleged that his Collier and stepmother talk about his mother In derogatory terms. As I'or Mr.
Baum, Daniel commented, "I think his commitments arc in the wrong place. There are thnes
he'll forget about Ellie because there is a dog show or his truck needs to be fixed."
Justin then criticized his younger brother ti)r "bushing on other people." He said that he didn't
know Mr. Baum that well, but he seemed like a good guy,
Neither boy criticized his mother, They explained that they lived with their I'uther mainly for
financial reasons. They described Ellic as cute and adorable. Daniel added that Ellie did not like
her mother's current boyfriend, but "It's kind of the way you feel when you get dumped," Daniel
admitted to interpersonal problems of'his own, c,g,, that he hay no friends. I fis views and
assessments of the people in his life are no doubt colored by his own dissatisfactions,
The two brothers have u provocative relationship with one another and will) their mother. When
the three of them were together, the interaction consisted mostly of verbal sparring. It was lively,
and occasionally sarcastic, but there was also much loyalty among them,
r"1 r
Ellie Abel ... Pup I I
Gary Carteelt Interview Win
Mr, Casteel Is the Ibrmer boyfriend ol'Suranne Abel. lie met her fn the loll of 1996 when he
answered u personal ad that she had placed, Ile ended the relationship the l'llowhng spring,
because he felt it was "too Consunnbtg," especially dealing with her sons, who were living with
her at the time, Ile described the boys as sell'-centered and disrespectful, especially when they
returned home from visits with their father. Their mother sometimes tried to correct them, but
without success, Ile and Mrs, Abel got back together In (lie fill of 1997, alter both boys moved
to their f'ather's home, lie finally ended the relationship again lust loll, because he Iclt he could
not deal with the conflicts between Mrs. Abel and the lathers ol'her children,
However, Mr. Casteel still has u great deal ol'respect for Mrs, Abel. and calls her front (line to
time to see how she's doing. I le described her as "a darn good mother." Ile was impressed by
how she worked with Ellie on her schoolwork, took her to activities. and generally spent tittle
with her, lie noted that when Ellie retuned home from her visits with her father, she would talk
about all the things she did with Joanne and didn't mention her father very much,
l asked Mr. Casteel about allegations concerning Mrs, Abel hitting his dog. Ile denied that this
occurred, and added that he would not tolerate anyone hurting the dog who had been his constunt
companion for 14 years, purthennore. he never observed Mrs. Abel yelling and screaming at
Ellie. "If she was like thut I would never have been with her," he stated. When Mrs. Abel did
discipline Ellie, she would talk cahnly and directly to her, e.g.. "You are not to do that."
Ellie Abel
IN'T'ERVIEW AND BEHAVIOR
Ellie Abel is an attractive, outspoken six-year-old child. At her lirst visit with her mother, she
behaved in a silly manner as mentioned above. In my presence Ellie and her mother
communicated via banter when they were not occupied in a task. She seemed to enjoy tills. and
egged her mother on.
With her father she was more docile. She invited him to play with her, and he complied.
In my initial interview with Ellic, she said thut she wanted to live with her dud, because she
wanted to be with her puppy, and that it's more fun at her dud's house because "there are
hundreds of more kids,"
Ellie tried to remain neutral when I asked her questions about her parents. In a fantasy drawing
exercise, in which the child is asked to draw paths to a bunny's father's or mother's house in
response to questions such as, "Where does the bunny go when he wants to have full?" "Where
does the bunny go when he's seared?", Ellie drew paths to both parents' houses. When I asked
with whom the bunny would want to go on u long trip fix a year, she stated "definitely the
r^
fine Abel ... Page 12
mommy," 'T'hus, Ellie Is ambivalent about choosing one parent over the other, but she has strong
emotional attachment to her mother.
Ellie's behavior In my office was consistent with reports from her parents and teachers, That is,
she values her independence and resists being told what to do. For example, when I indicated
that we were going upstairs an the playroom, she said, "I walnut see this first" (referring to the
dollhouse In my office). When I introduced the curds ol'thc Children's Apperception Test, she
announced that she wanted to do something else. tit the other hand, she was generally polite in
the outer office. For example, before helping herself to candy she first asked permission of the
secretary,
1 discussed discipline with Tillie. I asked her what happens when she's told to brush her teeth and
she doesn't want to, She replied that her mother would say, "O.K., first get dressed and then do
it." She added that sonncthmen her mother would later forget saying this, At her l'ather's house If
she rel'used to brush her teeth, he would tell Joanne, and they would brush their teeth together.
Although it would appear that Mr, Bautn does not exercise much discipline, in u recent telephone
conversation he reported having to confront Ellie liar talking back to film.
Ellie expressed concern about her parents not getting along. She said (hut she wants to cull
Joanne "mommy", but on the phone she has to cull her "Joanne" because her mother will get
mad, She also commented that her mother says bad things about Joanne, but denied that Joanne
criticized her mother, She sold that she wanted to have two mommies and that they should get
along with one another. She acknowledged that her mother used to yell, but "that was a long.
long time ago."
Similar sentiments were reflected in Ellie's drawings. When I instructed her to draw her family
she drew a house, She did not draw the people, but stated that they were all inside the house.
The people included herself, her brothers, her mother, her father, her stepmother, and her dog
'rrina, who died, She drew several other dogs outside the house, including Anther who lives with
her mother, and it few others who live with her Iuther. When I commented, "So everyone lives
together?" she replied, "It's actually two apar4ments-Upstairs live Joanne and Jay. Downstairs
live Suzanne, Justin and me." Note that she referred to the adults by their first names. This is
probably her way of remaining neutral and avoiding using the word "nom" which has created
much controversy.
Ellie is deliberate and meticulous in her approach to tusks. This is consistent with teachers' and
parents' reports, She concentrates quietly on her work, commenting on the task at hand. During
visits to my office, she played with the Playdoh extruder repeatedly. She noticed small details,
and spent a great deal of time on them, Working this way seemed to have a calming cITM on
her.
r"`1 ro?
r.me Abel ... Page 13
'L'EST RESUI:I'S; CHILDREN'S AI'I'liltC'lil''I'IUN'I'IiS'I' (CA'I')
Ellie was fidgety and restless while telling stories to this series o1'card depicting uninals ht
various situations. This was likely due to the fact that at the time she sold that she wanted to do
something else, I ler stories were quite revealing. One these ruining through several stories was
that of the child feeling Ignored or abandoned by the parents, who ore too busy with their own
agcndus. The young uninwl ends up taking care of itself. A second, related theme was 1ior. The
young aninials in the stories felt afiaid when there was no one to take care ol'them A third theme
was sadness. All these reflect Ellie's feelings about her situation, She perceives herself to be
alone, sad and Insecure, She does not trust that adults will be available to her when she needs
them, 'T'hus, she works at being independent from adult control, but this also contributes to her
anxiety, because she lacks the skills and the maturity to deal with the world.
Reports from other sources
I spoke with Ellie's teachers at Arendsville lilementury School, which she attended front
September to December 1997, and at Sporting I ill Elementary School, where she has been
enrolled since January. I also reviewed records from the Ilarrisburg Academy, where Ellie
attended Kindergarten.
The schools concur on Ellie's behavior and her dilliculties with learning numbers and place
value. Mrs. Kane, the teacher at Arendsville Elementary School, said that Ellic had some
ditiiculty handling the work at the beginning of the school year, but that by the end o1'December
"she was like u new person." Mrs. Kane said that both parents expressed interest hl Ellie's
progress. She had no difficulty dealing with either parent, but she was put otl'by Mrs. Boom's
reportedly coni'rontive attitude. Furthermore, during conferences, Mr. and Mrs, Bauer spent
much time criticizing Mrs. Abel, while Mrs. Abel focussed on 1?I11c and her school work.
Ellie's current teacher, Mrs. Smith, also reported Mr, and Mrs. Ilaun's caustic comments about
Mrs. Abel, while Mrs. Abel has•'not made such cunnnents.
'thus, although Mr, and Mrs. Baum clahn they do not criticize Ellie's mother in 1'ront ot'the child,
they ore preoccupied with Mrs, Abel's deficiencies.
I spoke with Sully Rooney and Peg Iiehn, psychologists who have worked with Ellic and her
family. Ms. Eclm saw Ellie at the beginning of the custody conflict, Mrs. Abel had initiated the
sessions to provide a neutral forunn for Ellic to talk about her 1eclings. Ms. Ilelm noted that
Ellie's behavior changed over the course of therapy. At first she was "pretty open, happy-go-
lucky", but as time went on, she becanne more quiet. serious and closed. Ms. lielm attributed this
the the stress of the custody battle.
Ms. Rooney has been working with Mrs. Abel for live or six years, Mrs. Abel has consulted her
on issues of parenting, and regarding concerns about sexual abuse of her sons and daughter. Ms.
r'^
File Abd . , . Pole tit
Rooney said that she vaguely recalled the allegation ol'ubuse by Justin unit Daniel's linher, but it
was never pursued, With regard to Ellie, Mrs, Abel had taken her w u physician. The physician
reported that the physical exam of E llie's genitalia was normal. Ms. Rooney has worked with
Ellie through many sessions. She described the child as bright and manipulative, and prone to
exaggeration. She described the relationship between mother and daughter its healthy. and finds
no evidence that Mrs. Abel "loses her cool or beats her kid."
Mrs. Abel supplied several written testimonials from long-tine friends. 'these were predictably
positive, but they also went Into detail about specific situations, and dismissed the notion that she
has difficulty controlling her temper.
INTERPRETATIONS AND RECOMMENDATIONS
Mrs, Abel bus been very conscientious In providing for Ellie's physical needs and tier education.
She is goal-directed and achievement oriented. She cares deeply about her daughter, but
sometimes has difficulty expressing the closeness she Icels inside, I ter own history ol'being
emotionally and physically abandoned by both her parents, colors her perceptions and values,
For example, independence and achievement are Important to her, and she communicates these
values to Ellie. Although she has u significant psychiatric background, Mrs. Abel consults
mental health professionals on a regular basis. tier therapists reported that she is responsive to
suggestions. However, she still seems to have diflicultics with trust, and consequently is apt to
interpret other people's actions as hostile when they are not.
Mr. Yuan is u committed lather who wants the best lilt his child. I le is better tuned into her
emotions than is her mother. but he tends to overreact when Ellie complains. ht his primary
focus on her feelings, he may lose sight of expectations regarding tusks and obligations. Mr.
Baum's traditional funnily background provides a good model fir his own role as u parent. The
fact that he deters to his wife for direction in this area is not necessarily u drawback. as Mrs. Abel
claims.
Ellie's personality reveals a need for structure and precision. She also needs to learn to
ditlerentiate between situations where questioning and challenge are appropriate, and when they
are not. Like most children, she tries to satisfy her otsv immediate wishes in any way site can,
which in her case, invloves manipulation of her parents. Her oppositional behavior represents a
defense against underlying fears and sadness, She is fully aware of the conflict between her
mother and her father and stepmother. and by keeping herself' independent ol'the wishes of
adults, she remains emotionally neutral.
Both Mr. Baum and Mrs. Abel have lost sight of Ellie's best interests. They have both become
more motivated by anger and revenge than by the goal of creating a harmonious living situation
for their daughter.
Mrs. Abel views Mrs. Baum as a threat, Rather than try to promote u healthy relationship
between Ellie and her stepmother, Mrs. Abel undermines it both directly and subtly. Mr. Haunt's
I'?1
,^a
I'.Ite Abel . , page 13
general reluctance to confront contributes to the siuwtion. Were he to take charge more with
Ellie, there would probably be less conflict between mother and stepmother, Mrs. Baum Is low-
key, but harbors resentment nonetheless, wtd this Is reflected subtly III her behuvior,
It Is this evaluator's opinion that Mrs. Abel's behuvior Is not sulliciently detrimental to Ellie's
development to warrant u drastic change in custody. Prior to the litigation of the post year and a
half, Ellie was described by professionals us a busiculiy happy child,
At the sunnc tine, FIlle is entitled w ready access to her father, regardless of Mrs. Abel's opinions
concerning his parenting abilities, Ile Is conscientious and responsible, and although lit:
delegates some child cure duties to his wife, this Is appruprlute to the situation, Tillie should not
be deprived of what he has to ollcr.
'T'herefore, the following recommendations are made:
I, The parents share physical and legal custody of ilie. The time should he divided to
coordinate with Mr. Buum's tine off work, such that I?Ilie stays at his house during his
weekdays off. As a consequence, I'.Ilic will probably end up spending more weekends with
her mother, since this is the time when Mrs. Abel is free. Holidays should he evenly divided
between the parents,
2. Given flint Ellie is ht her third school placement in less than u year, It is recommended that she
remain at her current school, and that her I'uther drive her to school when site stays with him,
3. Mrs. Abel's unger toward Mrs. Baum needs to be kept under control. There is no harm done
to Ellie if Mrs, Baum picks her up from school, attends school functions, etc. II'Mrs. Abel
ceases criticizing Mrs. Baum for such actions, Ellie will Icel more secure..
4. 'there is no reason why FMC should be prevented from addressing Mrs. Baum as'9mmmnny,"
Ellie is fully aware of who her mother is. Culling her stepmother "mommy" does not diminish
Ellie's feelings flor her biological mother,
5. Mr. and Mrs. Baum should retain Isom their vocal criticism of Mrs. Abel to teachers and
other professionals who deal with Ellic,
6. Mrs, Abel should refrain from making derogatory remarks about Ellie's stepmother.
Respectfully submitted,
Pauline Wallin, Ph,D.
Licensed Psychologist
h IWINI%IWrWPWINwMFMo KANIIIIAUMI MIM
ARNOLDJ,BAUM,
Plaintiff
V.
SUZANNE S. ABEL,
Defendant
W10"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96.4060 CIVIL TERM
CIVIL ACTION -LAW
IN CUSTODY
PLAINTIFF'S MEMORANDUM
1, story of Custodvt
Pursuant to an initial Order of Court dated October 11, 1996 the parties have
shared legal custody of the minor child, Elizabeth R. Abel, born November 20, 1991, The
Mother has primary physical custody of said child with the father having partial physical
custody on alternate weekends and every Wednesday evening. This case was initially
instituted by the PlaintiffFather who, on July 17, 1996, filed an action for primary
physical custody.
Although the Order of October 11, 1996 was generally followed by the parties, in
fact in the summer of 1997 the Defendant gave custody of the child to the Plaintiff so that
she could devote herself to her studies. When the Plaintiff assumed that he would
continue to have custody of the child for the summer of 1998 Defendant informed him
that she was going back to adhering to the letter of the October 11, 1996 Order, At this
point in time the Plaintiff is granted little time with the child other than that which is
granted to him under the aforesaid Court Order,
i ,
P?WINIX)WOWPWINWUNMUNANIPIIAI)MI MW OIWM
Pursuant to the aforesaid temporary Order of Court Dr. Shienvold met with the
parties and issued a report including his recommendations as to custody. When
Defendant was not pleased with that report she then requested that a second psychological
evaluation be performed, A second such evaluation was in fact performed by Dr. Pauline
Wallin. Dr. Wallin has likewise issued a report along with recommendations. Since the
time of both psychologists' reports they were asked by counsel to meet with the parties
closer to the time of hearing and to reassess whether or not their recommendations were
still valid,
11. Issuest
Whether Plaintiff should now have primary physical custody of the minor child,
Elizabeth,
11. Plaintiffs Position:
Although Defendant, in her Pre-idearing Memorandum, attempts to dwell far in the
past, the only relevant issues are those occurring since the last Order of Court.
Since the inception of the original Order of Custody on or about October 11, 1996
it has come to Plaintiffs knowledge that the upbringing of the child has been anything but
ideal.
2
f'W'IMI> )Wtl'WI'WINOOMIMUAAN1111AIIMI MM
AWN
Plaintiff believes that Defendant's Multiple Personality Disorder may clearly effect
her judgment and her ability to properly parent,
It is felt by plaintiff that, although Defendant may in fact mean well, she is
incapable of appropriate parenting. Defendant has exposed the child to a constant stream
of men with whom she strikes up immediate physical relationships. Inappropriate
language is frequently used in the child's presence. Defendant has over-involved this
child in the ongoing litigation to mi extreme degree,
perhaps the clearest picture of the problems existing in this case can be seen in the
results of the psychological evaluation requested by Defendant. (After being displeased
that Dr, Shienvold had performed such an evaluation Defendant requested a second, This
was performed by Pauline Wallin, But for the ultimate recommendation the reports are
mirror images of each other.)
Dr. Wallin portrays Defendant as someone very openly critical of the child's father.
The Defendant is even more critical of the step-mother and does so openly to the child,
The Defendant likewise moves around a good deal and appears to get involved in
relationships without regard to Ellie.
Clearly, both psychologists believe that Defendant has trouble dealing with her
anger and is subject to outbursts of anger, Furthermore, it is common for her to project
blame on others,
M.VINIMM 11WINWNIM9&ANI 111AUMI N1 M MIQI"
Of a serious nature is the fact that Defendant has a history of accusing people of
sexually abusing the child. 'these allegations have always been unfounded, It is believed
that this is the result of real or imagined abuse which the Defendant suffered at the hands
of her mother,
Finally, Defendant claims that It is important for Ellie to be raised with her half-
brothers. Plaintiff would first point out that Defendant gave up custody of those children
to their father approximately I year ago, More importantly, Plaintiff believes that these
boys, who are considerably older than Ellie (ages IG and _ ), are very bad influences
on her. These children have very foul mouths, are rude and verbally abusive to their
mother in Ellie's presence, and are extremely physical with each other.
IV. Witnesses$
A. Expert;
Amold T. Shienvold, Ph,D. - Dr. Shienvold conducted the original
psychological evaluation in this matter and will testify as to his findings and
his conclusion that Plaintiff, Jay Baum, should have primary physical
custody of the minor child.
2. Pauline Wallin, Ph.D. (if not called by Defendant) - Dr. Wallin was
appointed to do a second psychological evaluation at the request of the
Defendant. Although Dr. Wallin's original report was extremely similar to
4
P XWINIY)WMWYWINWMI:MORANPI)IAI)MI Mk'M WIWB
that of Dr, Shienvold's she reached the conclusion that the parties should
share physical custody of the minor child. It is believed however that, due
to circumstances which have taken place in the last few months, Dr. Wallin
may now in fact find in favor of primary custody in the Plaintiff Father.
B. Fact:
I. Jay Baunt - Plaintiff - Mr. Bautn is the Plaintiff herein and the father
of Ale minor child in question, Elizabeth Abel. Mr, Baum will testify to his
relationship with the child, the time he spends with the child, the wonderful
relationship which exists between the child and his wife and to other facts
which will generally support a finding of primary custody in him.
2. Joann Baum - Plaintiffs wife - Mrs. Baron is the wife of the Plaintiff
and the step-mother of the minor child. Mrs. Baum will testify to her own
relationship with the child and to the quality of time which they spend
together. She can also add testimony as to the relationship of the child and
her fattier.
3. Paul Baum - Plaintiffs brother - Paul is the brother of Jay Baum and
therefore uncle to the child. Paul maintains a fairly close relationship with
the Defendant Mother and can therefore testify to her care of the child, the
5
Y IWINIk1W610WIN WWONOMANI111AUMI ME M
threats which she has delivered to other individuals, her attitude toward
Plaintiff mid her care of the child,
4, Matt Evans - Plaintiffs neighbor - Mr, Evans will testify to the
Plaintiffs care of his child and to the hostile exchanges initiated by the
Defendant when she comes to exchange custody of the child,
5. Cam Fitzgerald - Friend of Plaintiff - Cam will testify to the
WIWN
Defendant's habit of discussing inappropriate topics in front of her children,
6. David Abel - Ex-husband of Defendant - As the ex-husband of
Defendant and the father of her first two children Mr. Abel can aptly testify
to the inappropriateness of Defendant's care of her children in general. Mr.
Abel can further testify to Defendant's emotional and psychological ill
health.
Gary Casteel - Ex-boyfriend of Defendant - Mr. Casteel, as one of
many ex-boyfriends of Defendant, can testify to her attitude toward men in
general, her attitude toward the father's of her children, her serious desire to
ruin these men and her poor emotional and psychological state of mind.
8. Walt Wiltschek - Ex-fiance of Defendant - Mr, Wiltschek was the
gentleman with whom the Defendant had an affair since the time of the
reports of the above-named psychologists. In that period of time Mr.
P VINIXAMWINMMIAMUNANU IMUMI MYM
. . YIW"
Wiltschek has in fact instituted suit against the Defendant with regard to her
taking of his vehicle and his home, However, and more importantly, Mr.
Wiltschek can testify to the Defendant's poor care of the minor child, the
extremely poor behavior of the Defendant's two other children and their
negative effect on the minor child, Defendant's obsession with sex,
Defendant's obsession with ruining the post men in her life and various and
sundry other important and relevant factors.
Dated: August 10, 1998
Respectfully Submitted,
/?iCLcu? LC c? .
Maria P. ognettsquire
Sup. Ct. I.D. #27914
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
7
1
1
CERTIFICATE OF SERVICE
1, Maria P. Cogr?ettl, Esquire, Attorney for Plaintiff herein, do hereby certify that on this
date 1 served the foregoing Plaintiffs Memorandum by depositing a true and exact copy thereof
in the United States mail, first class, postage prepaid, addressed as follows;
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
/vl? 1cG?
Maria P. ogne , Esquire
Sup. Ct. 1.13, #27914
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg, PA 17108.0689
(717) 232-2103
Dated; August 10, 1998
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM, )
Plaintiff )
vs, ) File No. 96.4960
SUZANNE S. ABEL, )
Defendant )
ORDES
AND NOW, this f ,1 4 day of < r-, 1998 upon consideration of the
foregoing David Abel's Motion to Quash Subpoena to Attend and Testify, the court schedules.
drlL%&. r
-lasw4mg to address said Motion for the 20M duy of ( I ? ; i 1 , 1998 at fI tr d m,
in courtroom number of the Cumberland County Courthouse.
BY THE COURT;
,
r I
I r
I
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM,
Plaintiff )
vs, ) Pile No, 96-4060
SUZANNE S. ABEL, )
Defendant )
DAVID ABEL'S MOx OI N TO QUASH SUBPOENA TO ATTEND AND TESTIFY
AND NOW9 conics David Abel, by and through his attorneys, Howett, Kissinger, and
Miles, P.C. , and files this Motion to Quash Subpoena to Attend and Testify mid in support
thereof states as follows;
1. Movant, David Abel (hereinafter referred to as "Mr. Abel"), is an adult individual who
currently resides at 5217 East Simpson Ferry Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055,
2. Mr. Abel is the former husband of Suzanne S. Abel, the Defendant in the above.
captioned case.
3. Mr. Abel and the Defendant are the parents of two minor children, namely Justin Abel
and Daniel Abel.
4. Currently, pursuant to a custody order of February 18, 1998, Justin and Daniel are in
Mr. Abel's majority physical custody.
5. On August 13, 1998, Mr, Abel was served with a Subpoena to Attend and Testify in
the above-captioned case on behalf of the Plaintiff, Arnold J, Baum. A copy of the Subpoena to
Attend and Testify is attached hereto, marked exhibit "A" and incorporated by reference herein,
as if set forth at length,
0. On August 14, 1998, Mr. Abel's counsel was informed by Diane Radcliff, Esquire,
counsel for Defendant, that Justin Abel has been listed as a rebuttal witness for the Defendant for
the sole purpose of rebutting Mr. Abel's testimony should he testily. Accordingly, If Mr, Abel is
released from his subpoena, Justin Abel will likewise not he called to testify.
7. Pu,R.C. P. 234.4(b) provides as follows,
(b) A motion to quash a subpoena, notice to attend or notice to produce
may be filed by a party, by the person served or by any other person with
sufficient interest. Aller hearing, the court may make an order to protect a
party, witness or other person from unreasonable annoyance,
embarrassment, oppression, burden or expense,
8. Mr Abel believes that he and his children will be caused unreasonable burden,
annoyance, embarrassment, and /or oppression if he and, therefore, Justin Abel are forced to
testify in the above-captioned case.
9. Steven P. Lindenberg, Ph.D„ the children's counselor since May, 1997, thoroughly
believes that forcing Mr. Abel to testify will have u detrimental impact on the relationships
between the Defendant, Mr. Abel and their minor children as is evidenced by his letter of August
13, 1998, a copy of which is attached hereto, marked exhibit "B" and incorporated by reference
herein, as if set forth at length.
10. Mr. Abel currently has no direct knowledge of circumstances surrounding
Defendant's relationship with the child in question. He has not lived with Defendant since 1989,
and his dealings with Defendant in the recent past have involved only matters attendant to the
two minor children of Mr. Abel and Defendant. Mr. Abel believes and therefore avers that he
has no relevant information which would assist this court in it's custody determination in this
matter.
1 1. Mr. Abet believes and therefore avers that the burden, prejudice and potential
disruption with his relationship with his children which may result from a requirement that he
testily in the above-referenced matter significantly out weighs the very limited probative value of
any testimony he is capable of offering.
WHEREFORE, David Abel respectfully requests that this Honorable Court Quash the
Subpoena to Attend and Testify served on him on August 13, 1998,
Date: X
Respcetfully submitted,
Donald T. Kissinger, Esq irc
HOWETT, KISSINGER & MILES, P,C,
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Movant
David Abel
3
VRRIFIATION
I, DAVID S. ABEL, hereby swear and affirm that the facts
contained in the foregoing David Abel's Motion 4o Quuoh Subpoena to Attend
and Testify
are true and correct to the best of my knowledge, information and
belief and are made subject to the penalties of 18 Pa.C.S. 14904
relating to unsworn falsification to auth rides.
Datet 8/17/98
DAVID S. ABEL
I
f !
PlJli 13-19% 13924 PULL MINTING 1-0,
&w1V 44el
RUSH SUBPOENA
DO NOT C'EL AY
rOMMOn,ZALTH O PENNSYLVANIA
POWNTY_Cly CONAl1CBLAlYJB
ARNOLD I BAUM,
Pltdntiw
v File No. 96.4060
SUZANNE S. ABLE,
Defmdant
r,Ol
T0! David Abel
5217 Eat Simpson Ferry Road
Mechanicsburg, PA 17055
I, You are ordered by the Court to come to the Courtroom 04, Fourth Floor, Cumberland
County Courthouse, Carlisle, Pennsylvuda, on August 20, 1998 at 9.70 o'clock, a. m., to testily
on behalf of Arnold I. Baum in the above case, and to remain until excused
2. And bring with you the following. NIA
if you MI to attend or to produce the documents or things required by this subpoena, you,
may be subject to the sanctions authorized by Rule 234 5 or the Penasovaala Rules of Civil
Procedure, including but not limited to costs, attorney fees and imprisonment
ISSUED BY A PARTY/COUNSEL IN COMPLIANCE WITH Pa R C P No 274 2(a)
NAME Mans P Cogtletti, Esquire
ADDRESS 200 North Third Street, Twelfth Floor
P O Box 699
Harrisburg, PA 171US
TELEPHONE (717) 232.2107
SUPREME COURT ID 027914
DATE. Q 97J) _-
Scal of he Coun
AUG-13-1999 13900
BY THE COURT
IQ,
Prothonotary, Civil Divisi
Deputy
EXHIBIT
nnn
TOTAL P.01
9'Y: P.01
From 717-533-6365 to 9,2345402
at 08/13/99 04t34p Pq 002/003
LINDENBERG INSTITUTE FOR THERAPY
STEVEN P. LINDENBERG, PH. D.
CLINICAL MENTAL
HEALTH COUNSELOR
LINDA K. LINDENBERG, M.DIV
COUNSELOR
) IS WEST GOVERNOR ROAD
HERSHEY, PENNSYLVANIA 17033
717 S14.10l41VQIL.1)
Donald Kissinger, Esquire
130 Wahurt Street
PO Box 810
Harrisburg PA 17108
Via Fax and U.8,111W
Dear Mr. Kissinger:
717 $11065 d•AN)
August 13, 1998
IN REt JUSTIN AND DANIEL A#,1khPIAi9wl .0111 (.11190)
'Today 1' became aware that David Abel has been subpoenned to testily against Suzanne Abel
in the case of Hanel 1. Abel next '11lursday, August 20, 1998. l understand that you urn going to
move to quash the subpoena.
I am writing in the interests of Justin and Daniel Abel, sons of Suzanne and David Abel As
you know, I have been the children's counselor since May, 1997. 1 also mediated a custody and
visitation agreement between David and Suzanne that has been working well since August 18,
1997. Since that time, David and Suzanne have demonstrated cooperative, civil copurcnting in the
inlerc?4ls ol'their minur vhildren, Nu longer in tin middle of their puruds' ucrintoniuus dispule, and
as it result of signilicunt reduction in stress and tension present hcretohuc, the children and their
parents (including Holly Abel), have benefited both psychologically and emotionally.
Given that David Abel's coerced testimony against Justin and Daniel's mother would become
part of the public record and given that such Icslinunny is likely to be interpreted by Suzane as
udverse to her interests; I have serious clinical concenw that the end result will undermine the
civility and cooperativeness the Abel's presently enjoy. It is illy prolrssional opinion, within u
reasonable degree of clinical certainty, that such at development would be detrimental to Justin and
Daniel's health and wellure. It would cause therm psychological and emotional hunt. For instance,
one or both of my patients may view David's testimony as it betrayal oftheir. Another. In another
scenario, Suzanne may view David's testimony as it mace to completely cut her out ot'Justin and
Daniel's lives. 1 area sure that the Court could appreciate that these auld other possible scans ios can
only result in conflict between David and Suzanne and unknown hams to illy patients.
I
C0IFIU1'17AI, EXHIBIT
f>I.1G-13-1999 16: 42 717-!,33-5 3E5
1
P. 0,2
"li"
From 717-533-6365 to 9,2345402
at 08/13/96 04c34p Pq 003/003
i ENDERG, PILMC ?rlc?u? ?rru? l?1t ,crr?!Lt?Yr?i4.:L.
have loom involved in custody evaluations and mediation in over 300 ruses during the last
15 years. Based ulon my experience as un expert. I land it hard to Whom that Mr. Basin's dispute
with Suzame MW ht line above referenced custody mutter hinges or otherwise depends upon Mr.
ANN testimony against his Ammer wile mad the mother ot'my patients.
Therefore, I support your motion to quash the subpoena. I urge you to do everything
possible to protect the health and welGare ol'3ustin and Daniel Abel that hus Wilelited livm the
cooperative copurenting arrangement mediated letwcen Suzamc and David AM: their Mather and
Father,
Sinomly,
Steven P. Lindmix-rg, MD.
Clinical Menial Health Counselor
X2.6181398
CONFIDENTIAL
aatrj-13-1998 16:43 717-_533-6365 W, P.03
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J, BAUM,
Plaintiff )
vs. ) File No. 96.4060
)
SUZANNE S, ABEL, )
Defendant )
I, Donald T. Kissinger, Esquire, counsel for David Abel, Movant in the above-captioned
action, hereby certify that a true and correct copy of the foregoing David Abel's Motion to Quash
Subpoena to Attend and Testify was served upon DluncG, Radcliff, Esquire, counsel for
Defendant, Suzanne S, Abel, by hand delivery on August 17, 1998, to the following address:
Diane G. Radcliff, Esquire
3448 Trindle Road
Mechanicsburg, PA 17055
Date: -
Donald T. Kissinger, Esquir
HOWETT, KISSINGER & MILES, P,C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Movant
David Abel
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM,
Plaintiff )
vs, ) File No, 96.4060
SUZANNE S. ABEL, )
Defendant )
CERTIFICATE QF SERVICE
1, Donald T, Kissinger, Esquire, counsel fur David Abel, Movant in the above-captioned
action, hereby certify that a true and correct copy of the foregoing David Abel's Motion to Quash
Subpoena to Attend and Testify was served upon Maria P, Cognetti, Esquire, counsel for
Plaintiff, Arnold J, Baum, by hand delivery on August 17, 1998, to the following address:
Maria P. Cognetti, Esquire
200 North Third Street
Harrisburg, PA 17101
Date: l
177f Y
Dona . Kissinger, Esqui e
HOWETT, KISSINGER & MILES, P,C,
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Movant
David Abel
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NOV 'l h H'Je6
ARNOLD J. BAUM, M THE COURT OF COMMON PLEAS OF
Plaintiff tCOMBERLAND COUNTY, PENNSYLVANIA
t
V tCIVIL ACTION - LAW
I
SUBANNS S. ABEL, tNOt 96-4060 CIVIL TERM
Defendant 1ZN CUSTODY
COURT OJ=R
A. e (.w l,le, I "
AND NOW, this fir day of Meyembsr, 1997, upon consideration of
the attached Custody Conciliation Report, it is ordered and
directed as follows:
1. A hearing is scheduled in Court Room No 4 of the Cumberland
Co my Courthouse on the /4 day of 'h ) 0 IL L, , 1998, at
`?'1 0C) 4' m. at which time test moray will be taken in the above
case. At this hearing, the Father, Arnold J. Baum, shall be
the moving party and shall proceed initially with testimony.
Counsel for the parties shall file with the Court and opposing
counsel a memorandum setting forth the history of custody in
this case, the issues currently before the Court, each party's
position on those issues, a list of witnesses who will be
called to testify and a summary of the anticipated testimony
of each witness. This memorandum shall be filed at least ten
days prior to the mentioned hearing date.
2. Mouher may make arrangements to have a custody evaluation done
and Father is directed to cooperate in the evaluation to the
extent that his wife shall also cooperate in this evaluation.
This directive to the Father is conditioned upon the
understanding that Mother shall incur all expenses in
connection with this evaluation.
3. In anticipation of Dr. Shienvold being called as a witness for
the Father, Mother shall continue to cooperate with Dr.
Shienvold in the event any additional
information/documentation/interview sessions are required in
order to ensure that Dr. Shienvold has all necessary
information to render an opinion. Cost for Dr. Shienvold's
work in this nature shall, from this point forward, be at the
expense of the Father.
4. Pending further Order of this Court, thin Court's Order of
October 110, 1996, shall remain in effect.
8Y THB COURT,
ev see
out Diane Q. Badoliff, dsquirs - O IR/8
John J. Connelly, Require /917,
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41 Pending further Order of this Court, this Court's Order of
October 11, 19960, shall remain in effect.
BY THE CounTo
sv At ass
act Diane Go Radcliff, Require _ d ?c,v rnu?.1s a ??t???97.
John J, Connelly, gxqulro
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ARNOLD J. BAUM, tIN THE COURT OF COMMON PLEAS OF
Plaintiff tCMMBERLAND COUNTY, PENNSYLVANIA
t
V tCIVIL ACTION - LAW
I
SUSANNE S. ABEL, tNOt 96-4060 CIVIL TERM
Defendant tIN CUSTODY
Prior Judge: Kevin A. Hess
CONCILIATION CONF1d mau SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator, submits the
following reportt
1. The pertinent information pertaining to the child who is the
subject of this litigation is an follower
Elizabeth R. Abel, born November 20, 1991.
2. A Conciliation Conference was held on November 18, 1997, with
the following individuals in attendancet
The Mother, Suzanne S. Abel, with her counsel, Diane Q.
Radcliff, Esquire, and counsel for the Father, John J.
Connelly, Require.
3. The parties were previously before the Conciliator in October
of 1996. At that time, the parties agreed to undergo
counseling and family therapy with Dr. Arnold Shienvold for
the purpose of Dr. Shienvold recommending to the parties a
permanent order with respect to a custody arrangement in this
case. Dr. Shienvold's evaluation is complete and has been
presented to counsel for both parties.
4. The existing Custody Order provides Mother to have primary
physical custody and Father to have periods of temporary
physical custody. Dr.. Shienvold's report suggests that Father
should be the primary physical custodian of the minor child.
Mother is unwilling to abide by the recommendations of Dr.
Shienvold, and she seeks to have another evaluation performed.
The Conciliator is of the opinion that the Mother can have her
own expert do an evaluation in this case and that the Father
would be required to cooperate in that evaluation as long as
the second evaluation is paid for by the Mother and does not
unreasonably delay the resolution of this case by a hearing.
A
S. rho Conciliator recommends an order In the form an attached,
DATE u GIlro equ rf s
Custody Concll for
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ARNOLD J, BAUM,
Plaintiff
V.
SUZANNE S. ABEL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, q(i . 11060 Ae.u-.i t
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, upon consideration of the attached Petition, It Is hereby directed
that the parties and their respective counsel appear before,
Esquire, the Conciliator, on the "day of
19 1, at 6i)_A,M., at the 44h F4eer-@nmbertene?eunty?ourthouee GerNs4e
Pennsylvania, 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 prosont at the Conference. Failure
to appear at the Conference may provide grounds for the entry of a temporary or
permanent Order. Notification to the Defendant by the Prothonotary's Office is waived.
For the Court,
Date of Order: 4 l7 /446 By:
Custody Conclllatori ?rl.t
YOU SHOULD TAKE THIS 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.
Office of the Court Administrator
Cumberland County Courthouse, 4th Floor
Carlisle, PA 17013
(717) 240.6200
X17 1 .. 1. ,r ,.
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ARNOLD J. BAUM,
Plaintiff
V,
SUZANNE S. ABEL,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO,
CIVIL ACTION • LAW
IN CUSTODY
You, Suzanne S. Abel, Defendant, have been sued In Court to obtain custody,
partial custody or visitation of the child: Elizabeth Abel.
You are ordered to appear In person at the Cumberland County Court House, One
Courthouse Square, Carlisle, Pennsylvania, on the day of
1996, at o'clock _.m,
You are further ordered to bring with you the child: Elizabeth Abel.
If you fall to appear as provided by this Order or to bring the child, an Order for
custody, partial custody or visitation may be entered against you or the Court may
Issue a warrant for your arrest.
YOU SHOULD TAKE THIS 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.
Office of the Court Administrator
Cumberland County Courthouse, 4th Floor
Carlisle, PA 17013
(717) 240-6200
BY THE COURT:
J.
ARNOLD J. BAUM,
Plaintiff
V.
SUZANNE S, ABEL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96- ti 060 (,A J T
CIVIL ACTION • LAW
IN CUSTODY
1. The Plaintiff Is Arnold J. Baum, residing at 390 Crooked HIII Road,
Hummelstown, Dauphin County, Pennsylvania 17036.
2, The Defendant Is Suzanne S. Abel, residing at 211 East Locust Street,
P.0. Box 1032, Mechanicsburg, Cumberland County, Pennsylvania 17066
3. Plaintiff seeks custody of the minor child, Elizabeth Abel whose present
residence and date of birth Is as follows;
NAME PRESENT RESIDENCE D.O.B.
Elizabeth Abel 211 E. Locust Street 11/21/91
Mechanicsburg, PA 17066
The child was born out of wedlock.
The child, Elizabeth Abel, Is presently in the custody of Suzanne S. Abel, who
resides at 211 E. Locust Street, P.O.Box 1032, Mechanicsburg, Cumberland County,
Pennsylvania.
During the past five years, the child has resided with the following persons and at
the following addresses;
NAME RESIDENCE DATE
Suzanne S. Abel
Justin Abel
Daniel Abel
Wesley Perk Apts,
Mechanicsburg, PA
Approx, 11/91 • 5/93
Suzanne S, Abel
Justin Abel
Daniel Able
211 E, Locust Street
Mechanicsburg, PA
5193 • Present
The mother of the child is Suzanne S, Abel, currently residing at 211 E, Locust
Street, P.O, Box 1032, Mechanicsburg, Cumberland County, Pennsylvania, She Is
single,
The father of the child is Arnold J. Baum, currently residing at 390 Crooked HIII
Road, Hummelstown, Dauphin County, Pennsylvania, He Is married,
4. The relationship of Plaintiff to the child Is that of father, The Plaintiff
currently resides with the following person:
NAME
Joanne Baum
RELATIONSHIP
Wife
5, The relationship of Defendant to the child Is that of mother. The Defendant
currently resides with the following person:
NAME
RELATIONSHIP
Justin Abel Son
Daniel Abel Son
6. Plaintiff has not participated as a party or witness, or in another capacity, In
other litigation concerning the custody of the child In this or another court,
Plaintiff has no Information of a custody proceeding concerning the child pending
In a court of this Commonwealth,
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with
respect to the child,
7. The best Interests and permanent welfare of the child will be served by
granting the relief requested,
8. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the, child have been named as parties to this
action.
WHEREFORE, the Plaintiff, Arnold J. Baum, requests the court to grant shared
legal and physical custody of the minor child, Elizabeth Abel, to him.
Respectfully Submitted,
CONNELLY, REID & SPADE
Date: - 19-9(p
cost uttice HOx ub3
Harrisburg, PA 17108
(717) 238-4776
(717) 238-4793 Telecopler
PA 1. D, No. 15615
I
I
I verify that the statements made In this Complaint are true and correct, I
understand that false statements herein are made subject to the penalties of Is
Ps.C.S. Section 4904 relating to unsworn falsification to authorities,
I
Date: /P
Arnold J, S m
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ARNOLD J, BAUM, t IN THE COURT OF COMMON PLEAS
Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA
t
v, t NO, 86.4060 CIVIL TERM
,
SUZANNE S. ABEL, t CIVIL ACTION - LAW
Defendant t IN CUSTODY
i
ACCEPTANCE OF SERVICE
I, Susan E, Lederer, Esquire, attorney for the above-named Defendant, accept
service of the Complaint in Custody on behalf of my client, Suzanne S, Abel,
ti? -- f ?'--YQ • -
Date, s?-8o-16
Susan E. Lederer, Esquire
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ARNOLD J. BAUMr
Plaintiff
V.
SUZANNE S. ABEL,
Defendant
t IN THE COURT OF COMMON PLEAS
t CUMBERLAND COUNTY, PENNSYLVANIA
t
t CIVIL ACTION - LAW
t
t CUSTODY/VISITATION
t NO. 96-4060 CIVIL TERM
DEFENDANT'S ANSWER TO
COMPWNT FOR CUSWOQ
1. Admitted.
2. Admitted.
3. The minor child's name and address are correct as stated,
Her date of birth is November 20, 1991,
It is admitted that the minor child has resided with
Defendant for the child's entire life, The correct residences and
dates are as followst
K= RESIDENCE DATEE.
Suzanne Abel 601 North Baltimore Avenue 11/91 -
Justin Abel. Boiling Springs, PA 7/92,
Daniel Abel
Suzanne Abel 211 East Locust Street 7/92 -
Justin Abel Mechanicsburg, PA present
Daniel Abel
The information regarding the minor child's mother and
father is admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. Strict proof demanded,
VERI/IQATION
I
1
P verify that the statements made in the foregoing, Defendant' a
Answer to Complaint for Custody are true and correct, I understand
that false statements herein are made subject to the penalties of
18 Pa,C.S, 64904 relating to unsworn falsification to authorities,
U Suzanne S. el
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ARNOLD J. BAUM,
Plaintiff t
t
v. t
t
SUZANNE S, ABEL, t
Defendant t
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 96-4060 CIVIL TERM
CERTIFICATE OF SERVICE
I, SUSAN E. LEDERER, do hereby certify that I served a true
and correct copy of the foregoing Defendant's Answer to Complaint
for Custody upon the following below-named individual by depositing
same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County,
Pennsylvania this 1,60-day of A d?,,..., 1996,
SERVED UPONt
John J. Connelly, Jr., Esquire
CONNELLY, REID & SPADE
P.O, Box 963
Harrisburg, PA 17108
Susan E, Lederer
Supreme court i,D. #44861
JAMES, SMITH & DURKIN
134 Sipe Avenue
Hummelstown, PA 17036
(717) 533-3280
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ES, M.D, JAMES F. DALY, JR., M,D, ROBERT L. COLDREN, M.D,
MARIO M. SANGILLO, M•D, SANDRA J. SMITH, M.D,
UPTOWN 1`1101 L 6610NAL nulLnwa
215461,10N1 It 11111106TNEGT• SUITE 160
IIAI11116nUR0, PENNSYLVANIA 171102091
1LlEPHONE 42,0174
' C.L E ((? -- 01RTHDATE: 1/ 'q 0 9l
(Iasi) (Ilrs (middle) -
DRUG ALLERGIES: ---.-.--
PROBLE
PROBLEM
M LIST (Major) Birth History
Ap
Family History
P
ROBLEM LIST (Minor) LABORATORY
PROBLEM _ DATES
.?
-- - OtRIS
^-----
- -"'
Media - - •-
- ------- ------ --
2 -- -
IMMUNIZATIONS
- ---- Tuberculin Test
OPT - DATE LOT NUMBER REACTION
- OPV
-- DATE LOT NUMBER DATE DATE
96
-
4
MMFi -
I 7
20V
/1i1h l 7 ?d ?
_ HIB (H. Inllue
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COMMhNIS
nzoa) Vaccine
LOT NUMBER
1
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Othor.
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FAMILY MEDICAL HISTORY Today's data
(To be completed by all patients) l - -
Child's Name _-----
Home Address 'is a .-_--...__._--
l'
f?,/? ?I)11A.L'iK,.f?,}I??C?_aI)1Cf Phone
Mother's Name Race ulh? _._ Haight Weight
Mother's occupalion _______...-_-----_-----_------_---_°--
Health problems?
Y?------------
Smoking? _
Maternal Grandmother
- Health Problems
Maternal Grandfather Health Problems
Father's Name JJ?1 LSJILL . Age .-Atgt•!-L Race -Li I1L-tj- Height Vd r., Weight J._ 5-.
Father's Occupation
Health Problems? ._-9Y?L-_ ---------•-•
Smoking? -L
Paternal Grandmother '1._)C>,1 kaL1 tL_ LLy?,/ Problems
Paternal Grandfather ' !r c s J?J!7c1?_1Alltl` Problems
Brothers 8 Sisters of Child (Name) Bolhdate Full yr or Slop Sex Health Status Living in your household
dLk6l r i,) - ?I.-g,?- M -keU(( \.i o
,I F t f<? !lr b`.? '/.) f?1 cCLLU1 L GW
Please circle any problems on either side of family. II circled, note relationship to patient.
FAMILY ILLNESS RELATIONSHIP FAMILY ILLNESS RELATIONSHIP
An birth defects or inherited disease Lungs Cystic Fibrosis
Death in infancy or earl childhood Tuberculosis
Infertilaylmultiple miscarriages
DiSeaselKldne tumor
Kidne
Allergies. Seasonal (hayfever(
A
th y
Mental relardahon/Down's syndrome
s
ma
Eczema Nervous s stem.
m ro ems Migraine headaches
NourohbromatoslslTubarous sclerosis Learning problems
Cleft lip or palate Spina Blhda o an spine) _
Eye Problems/Blindness/Reanablastoma
Seizures convulsians
Hearing problems/Dealness (al early age)
Skeletal Extra
fingers/toes
Blood Ancnua
N
d
bl Muscular d slra h
ee
ing pro
ems _
xl
-
Heart Heart defects • childhood j
,
Scoliasls/bone da10rmities w
Heart allacks • below age 50 Glantlr. QIabC 4r Ut ' 0 kJCjVA-l
Cam lienl•> _ Thyroid pfable is hl1(L
Wulsually short or tall
r PKII
--
---
Olhor
tl.-..,
Mile
n remelt child of
u V I_" i'fv N.tt
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On Inl
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Mo Oa 4m Tlm
w'f- Ire- ghl -
- -we-, l
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ADMISSION EXAM _.
INATION
DISCHARGE EXAMINATION
APGAR_. I'Z
-it S__ ItATION
1 GENERAL APPEARANCE
Im1l Ullly, activity, lone, colol,
nutnoon, edenul
2. SKIN
Uttuus. tallies hematomal
7. HEAO, NECK
Ilonlaneh. lace imom. molding,
Caput, tnnwlabal, teplialah1u11lamll
4. EYES
pbnoitnahha. tnnlunttlva,
_ led lelleel
5. EARS. NOSE 6 THROAT
(lips. gums, palatal
6. THORAX
(including breast hypeltrophyl
TAW N G S
8. HEART
pnrlueing lament pulses)
DESCHIPTION OF FINDINGS
xW, 6V(
.t'A
97-AB DOMEN _
(including umbilicus. hvm.
spleen R Wrists)
•?•r 10. GENITALIA
(lesles. cuteni(ivion, meatoe,
docliaigel ,•J1.+_ •"J
11. ANUS I
(V t,,.
12. TRUNK A SPINE
17. EXTREMITIES
(including clavicles and
abduction of hip bunts) A,
_
14. RIFLE ES
(Moro. grasp, tucking, swallow
mg, icy. Ionic neck) lz..lr1 7
Impression at admission
??`.'vl lrT ' ? (? ?m
Impression mid discharge diagnosis
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IMPRINT PAIIENTS PLATE HERE
r'•,. HARRISBURG HOSPITAL
?.-1.? ¦ `; AtwrPU. I1bv;1)4 tJren7+1 Itigltnu.
5111.111 6imnuy NFW 11OIM
DESCRIPTION OF FINDINGS
tJ
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GIRLS: BIRTH TO 36 MONTHS
PHYSICAL GROWTH
NCHS PERCENTILES'
I
„- 1016
r,11
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38-
31- 95
:16.
90
75
70
65
155
21
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L t?? d PHYSICAL GROWTH 44A?^ liutnrd e
1. NCHS PERCENTILES Nanro (?7 1 C/['
__ _ -- I i I I I I I t
n I: nl I. ?nl? !d 1 n!! I1 ?n:??l„ II 1'? Li 11 ibpp it, li 111
I ?AII P„1 IO!, LI Y.I J•1 I ,!.11,'I,,I l - E Y A Y Jn
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2 WEEK-A
[] Birth lix Review SSESSMENT
I "1 Fantlly I ix Ravlow
I) Day Care
(7 Household
?i9AGBIi15:
V' /t),4
Pe (0- scl,,6. l--
r
Dovolopmontt
lk Prone • Lifts head
p1 Fixes Eyes
?. Responds to noise
N
uttitiont
?
y
7 Breast Ca.46 o Vitamins
(I Formula n Fluoride
CI nol of Bottle ? Sterilization
PF.t N.
Skin
HEENT
Fled Reflex
I_urtgs
Heart
Fem. Pulses
Abdomen
Genitalia
Lfis
Feet
Neuro
Anticipatory tiuidancot
• Daycare • Signs of illness
• Temperament • Sibling Rivalry
• Sleeping • Pacifier
• Encourage Cuddling ? Car Seal
Cl Ka
• Parents • Time for them selves
Assessment/Plan.-
().)/
/,711 41 rll..-
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IDate:/// /% J Age:,,/M Ov
Wt
1 Ill. V,
? _ [ I I ?./
d
2 MONTH ASSESSMENT '
P7' Day Care `,
Ll Household
Concerns,
9volopmanto
Prone - Lifts head 460
Follows to midlme R Vocalizes
C] Responds to noise plq' Smiles
Nutritiont
Breast 6K- Vitamins -T V f
C7 Formula q l(h 0 Fluoride
C) Anticipate Solids
PM N.
Skin
HEENT
Red Reflex
Lungs
Heart
Fem. Pulses
Abdomen
Genitalia
Hi pis
Feet
Nouro
Anticipatory Guidencet
• Anl,cipaw colds 8 fever
• Temperament O Passive Smoke
• Sleeping ? Car Seat
• Pacifier ? Parents Bells
lssessment/Plant
C;l ?Q? <ti. ItJ
PATIENT TELEPHONE CALL RECORD
ebr AAA
Dn1atJ?_Q Tlmw, _?__
-__ nn?'? Callur: ?/}!+ I
Patlenh .sr) L?("1°,?f _ `. Tel, Nc
Reaaon far Collc " ?-
Present Modre
Rocammendat Ion a/ I,rare r Ipl Ion r
rnarmacyc ?__ Tel. N::
• Place In pallent'r Medical record
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7539 y
olucose
Won ,
blood
pH
protoln_
•7 25 QS t~/ m- 4 D
11 30 `11 Larn .oa nud U U C
11• a7 9s d, v
Co..cjh I /Y.?dc1..a,??fVnft?w..-R•..0 / •??--??6? ??. 'F?.:o f+.» . I l L'h(A.???
Lti4
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+ K ISO T't_?
Data' ,? , to
/ Age' Ll 11 a .,
lr'14uL? t
/
x q3
%- -
- x -
_
.4 Y EAR ASSESSMENT
Development)
,R,Hops/Iumps 3.4 colors
,W,,Plays pretend ZI Drs •3 pnrt parson
17 GIv63Toko conversation 4ij Tells Stones
W Count to 10 -4,P
Nutdtlon:
.
L ((,'q
PEt N.
Gan, app.
Skin
HEENT
Lungs 4-
Hears
1 -)
Abdomen 1
Ganltalio
Etttram./Back
Neuro
Anticipatory Guidance:
Il Fire safely
I I Stranger safety
I 1 Chores
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JAMES E. JONES, MD.
MAR LIC A MD 0111761
ilauEnr ? OOIMEN, wD.
DEAR llc R 10001116Ed
WkS F. OAEY, JR, M 0.
MAR lx; R MD 0R036Ri -iW- me MAR LIC R MD 076771E
RANWIA J?SMIIII, MD
DrA0 LIC R M00444631
IEM'ARD 0. IENKEN, 00.
DEAR _ _ tic R 06007610L
UPTOWN PnOFE6610NAL WILDING
7646 NORTH THIRD 6111EET
IIAAn16DUnG. PA 171 10
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NAME AGE DATE
RA VOID IF NOT SAFETY GREEN DAWROUND
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IN ORDER FOR A GRAND NAME PRODUCT TO BE DISPENSFO. TIRE
PRESCRIBER MUST IIAND WRITE "BRA'or) NECESSARY" OR
"BRAND EDICALLY NECESSMY" IN INF RELOW
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Aug-19-91111 12901P Riegler Shyrnvold & Assoc B401416 P.01
I
ARNOLD TERRY SHIENVOLD, PH.D.,BCFE
2161 Linglestown Road
Harrisburg, PA 17110
717.640.13'19
EDUCATION
Pennsylvenle License, NPS-003203-L
University of Alabama
Tuscaloosa, Alebama
Major: Clinical Psychology
Degree: Ph D.
Speclslity: Child Clinical
University of Alabams
Tuscaloosa, Alabama
Major Clinical Psychology
Degree M.A.
Colgate University
Hamilton, New York
Degree: A, B.
PROFESSIONAL EXPERIENCE
Private Practitioner Sept.
Riegler, Shienvold & Associates
2161 Linglestown Road, Suits 200
Harrisburg, PA
Adjunct Professor
Widener School of Lew January 1996 • ept 1997
Clinical Direglo Oct 1986-July
Behavioral Medicine and Psychological Services, Ltd.
Central Pennsylvania Cardiac Pulmonary Vescuiar Physicians,
Lemoyne, PA
canauu m Aug. 1982-June 19197
Central Dauphin School District, Harrisburg, PA ,
Plaintiff's Exhibit
Aug-19-9e 12tO1P Rioglor 6hienvold Q Assoc 6401416
Paps 2
no-Director
Canter for Behavioral Medicine
Polyclinic Medical Center, Harrisburg, PA
Consultant
Cardiac Treatment Centers. Camp Hill, PA
1962.1996
Sept. 1976.1966
Adlupg Professorship Aug 1977-July
Department of Behavioral Science, Department or Family Prec
Hershey Medical Center, Heronsy
Resource Payrholooist
Rldgecrest Children's Center for Emotionally Disturbed Children
Developing treatment plans for 10-13 year old children, training
and providing individual and group psychotherapy.
PROFESSIONAL AFFIUA71ONS
Board of Governors, American Academy of Family Mediators 1
Association of Family and Conciliation Courts 1
Diplomete, American Board of Forensic Examiners 1
American Academy of Family Mediators-Practitioner Member 11
Harrisburg Area Psychological Association 1
Pennsylvania Psychological Association-Fellow 1
American Psychological Association 1
Association of Family and Conciliation Courts 1
P.02
Tuscaloosa, AL,
doff In Implementation
Aug-19-90 12tOPP Riegler 6hienvold ,S Assoc 6401416
WORKSHOP
PRESENTATIONSt
Co-Presenter
Workshop Leader
Workshop Leader
Workshop Leader
Panel Member
Institute Leader
Presenter
Panel Member
Ethics Forum, Academy of Family
Pulling the Data Together, AFCC Cu
Breckinridge, Colorado, September 1
Evaluative Mediation, Academy of
Cape Cod, July 1997
Integrated Model of Custody Resolu
and Conciliation Courts, Clearwater
Hot Issues In Custody. Pennsylvania
Dual Roles In Custody Conflicts, Ac
Conference, Cincinnati, Ohio, July 1
Family Mediation-Central
October, 1993
Pape 3
P.03
Son Diego. CA
1996,1997
Conference,
Mediators,
Association of Family
January 1996
Institute, Fall 1996
of Family Mediators
Paralegal Association,
Conflicts, Problems and Ethics in Cu tody Evaluations,
1996 Pennsylvania Psychological lssociation Annual
Meeting Harrisburg PA
June,
Workshop Participant High conflict custody cases Assoc lion of Family and
Conciliation Courts annual conferen e, New Orleans, LA,
April, 1993
Workshop Panelist Custody Litigation, Evaluation, Medi Lion: Cumberland County
Family Law Division, May, 1992
Workshop Panelist The Use of Psychological Testing in Custody Evaluation,
Pennsylvania Bar Association, May, 1991.
Aug-19-9e 12tO?P Rioglar tihiwnvnld K Annnc b401416
P.[l4
Page 4
Seminar Leader Behavioral treatment of obesity in children, Pennsylvania
Department of Health, November, 19 7.
Workshop Leader Curriculum development. Associstio of Behavioral Scientists
In Medial Education, Allentown, PA, October, 1977.
Seminar Leader Psychologists in Family Medicine . S ciely of Teachers of
Family Medicine, San Diego, CA May, 1978.
Seminar Leader Stress Reduction, Hershey Medical genter, Hershey, PA,
1978.
Shlenvold, A T. The effect of instructions and verbal ecinditioning on toy
preferences in pre-school children Repair presented at
meeting of Southeastern Psychological Association, New
Orleans, LA, February, 1975
Shlenvold, AT Why research is not done in family r>tactice residencies.
Presented at Pennsylvania Consortium of Family Practice
Residencies. Hershey, PA, Septemb r. 1977
Shlenvold, A.T. and Resident view of their behavioral ed4cation
Asken, M A Association of Behavioral Sciences ih Medical Education,
October 1977
I
Shlenvold, AT Behavior Intervention for juvenile ob?sity. Conference at
Hershey Medical Center.
i
Shlenvold, A.T. Medical Psychology: The role of the psychologist within the
hospital. Presented at Northeastern Association of Operating
Room Technicians, Harrisburg, PA, February, 1978.
Shlenvoldl, A.T. A dual focus behavioral science curculum. Symposium of
APA meeting, Toronto, Canada, 197 .
Aug-19-96 12102p Ris+91or Shirnvold R Assoc 8401416
Page E
PUBLISHED ARTICLES
Shlenvold, A,T.
Asken, M.A.
Cincotta, J.
Family Practice Residents
Training. Relevance and P
n.Os
lahavioral Science,
of Family Practice.
Bryan, T.J. Behavioral Medicine: A Review. Prlrhary Care,
Asken, M.A November, 1978, Ii
Shienvold, A.T.
HONORS
Treasurer Academy of Family Mediators, 1997- 998
Chairman Ethics Committee and Conference C mmitte for Academy of
Family Mediators, 1996 to present
Approved Consultant Academy of Family Mediators, 1993 o present
Member Dauphin County Task Force to crest, ii a parent education
curriculum for divorcing parents, Se ember, 1993 to present
1, I i r6y-
ARNOLD J. SAUM, I
Plaintiff t
I
V. t
SUSANNE S. ABEL, t
Defendant r
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 4060 CIVIL TERM
CIVIL ACTION - CUSTODY
AND NOW, this J/' dayy of CJc./'y/6e.. , 1996, upon
consideration of the attached Custody Conciliation Report, it is
ordered and directed as followat
1. The parties shall enter into counseling and family therapy
with Dr. Arnold Shienvold, with the purpose of this counseling
to allow Dr. Shienvold to recommend to the parties a permanent
order with respect to a custody arrangement in this case.
2. Additionally, Dr. Shienvold will make a recommendation to the
parties relative to a proposed schedule on continuation of
family therapy involving the parents and the minor child and
any other Individuals involved in this case as recommended by
Dr Shienvold. Any costs of this counsel ingltherapy that is
not reimbursed through insurance of the respective parties
shall be shared equally by the parties.
3. Pending further order of this Court, the following temporary
Custody Order is entered:
A. The Mother, Suzanne S. Abel, and the Father, Arnold J.
Baum, shall enjoy shared legal custody of Elizabeth R.
Abel, born November 20, 1991.
B. The Mother shall enjoy primary physical custody of the
minor child.
C. The Father shall enjoy temporary physical custody of the
minor child on alternating weekends from when the child
is released from school until Sunday evening at 6:00 p.m.
Additionally, he shall enjoy temporary custody on every
Wednesday evening from after school until 7:00 p.m. On
those Mondays when the child is off school and the Father
has custody of the child for that weekend, his weekend
temporary custody shall extend through until Monday
evening at 6:00 p.m.
D. The Thanksgiving holiday for 1996 shall be handled with
the Father enjoying custody from Wednesday evening before
Thanksgiving until the following Sunday evening at 6:00
p.m.
a. The Christmas holiday for 1996 shall be handled with the
Pather enjoying oustody from December 77th at 9#00 a.m.
until January 3 at 600 p.m.
4. The above custody schedule is temporary in nature and
anticipates that a more permanent custody arrangement will be
agreed to by the parties after additional counseling/family
therapy with Dr. Shienvold. The above order is entered
pursuant to an agreement reached by the parties at a custody
conciliation conference. If at any time either party desires
to modify the existing Court Order, that party mey petition
the Court to have the case again scheduled with the Custody
Conciliator.
By the Court,
4' A-4
cat John J. Connelly, Jr., Esquire
Susan E. Lederer, Require lla 7aa, bA-
io 1014-JIAU-
re t,L( ()rV s L-
oP 4k P1"4)A,0gay/2
94, GcI /?/
Ccu,,6F_,x( '
E'??a y luJti i?1
ARNOLD J. BAUN,
Plaintiff
V.
SUSANNE S. ABEL,
Defendant
r IN THE COURT OF COMMON PLEAS OF
t CUMBERLAND COUNTY, PENNSYLVANIA
r
r CIVIL ACTION - LAW
r
r NO. 96 - 4060 CIVIL TERM
r
t CIVIL ACTION - CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following reportr
1. The information pertaining to the child who In subject of this
litigation is ad followsr
Elizabeth R. Abel, born November 20, 1991
2. A Conciliation Conference was held on October 3, 1996.
Present were the Mother, Suzanne S. Abel, with her counsel,
Susan Lederer, Esquire, and the Father, Arnold J. Baum, with
his counsel, John Connelly, Esquire.
3. The parties agreed to the entry of an Order in the form as
attached.
U at?-
Date Hubert X. Gilroy squire
Custody Conciliator
ARNOLD J, SAUM, t
Plaintiff t
t
V, t
t
SUZANNE S. ABEL, t
Defendant t
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 96-4060 CIVIL TERM
AND NOW, upon consideration of the attached Petition, it is
hereby directed that the parties and their respective counsel
appear before HUBERT X. GILROY, Esquire, the Conciliator, at the
Fourth Floor Conferencq Room, Cumberland County Courthouse,
Carlisle, PA, on the J" day of r1m, (t, , 1997, at I'1,6 f m.
At such Conference, an effort will be made to resolve the-71-ss-ues in
disputet 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. Notification
to the Defendant by the Prothonotary's Office is waived.
For the Court,
d. 7. g7 By: L h? f
Date of Order Custody Conc 1 or
YOU SHOULD TAKE THIS 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.
Office of the Court Administrator
Cumberland County Courthouse, 4th Floor
Carlisle, PA 17013
(717) 240-6200
)r I
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I
I r
ARNOLD J. SAUM,
Plaintiff
V,
SUZANNE S. ABEL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 96-4060 CIVIL TERM
1. Petitioner/Defendant is Suzanne S. Abel, an adult individual
residing in Mechanicsburg, Pennsylvania.
2. Respondent/Plaintiff is Arnold J. Baum, an adult individual
residing at 390 Crooked Hill Road, Hummelstown, Pennsylvania.
3. In October of 1996, a custody conciliation conference was held
before Hubert X. Gilroy, Esquire, and the parties agreed to
the entry of a temporary Custody Order. A true and correct
copy of the Custody Order entered by Honorable Kevin A. Hess
on October 11, 1996, is attached as Exhibit A.
4. Paragraph 4 of the court Order says that, if at any time
either party desires to modify the existing Court order, that
party may petition the court to have the case again scheduled
with the Custody conciliator.
5. As a result of the counselling process taking longer than
anticipated, arrangements need to be made for the 1997 year-
end holiday season, as well as other visitation.
WHEREFORE, the Defendant, Suzanne S. Abel, through her
counsel, Susan E. Lederer, respectfully requests the Court to order
another custody conciliation conference for the purpose of
modifying the existing Custody Order.
Respectfully submitted:
JAMES, SMITH & DURKIN
By c 44014- ? 4-4-y ?
SSUsan E. Lederer
Supreme Court I.D. 044861
134 Sipe Avenue
Hummelstown, PA 17036
(717) 533-3280
FEE, I M7 2:471FK LRI PUE LEUL Hbf, h. 17120f31!HJJ 03 IMI NO. U50 P. 2/2
?lIO11'l'?
Y verify that the staterente aade inlthe foregoing Petition
for Bodification of Custody order are true and correct. i
understand that false atatements herein are made subject to the
Penalties of 16 Pa.C,B. 14904 relating to unworn falsification to
authorities.
aanne el?
I
I
I I , I
a a d oe14.R clew ,L?Lµ TidLZ 1 20 Lib 'cc '20
O~ A
EXHIB1 r A
COT 16 1996 146
ARNOLD J. BAUM,
Plaintiff
V,
SUSANNE S. ABEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
t CIVIL ACTION - LAW
t
t NO. 96 - 4060 CIVIL TERM
t CIVIL ACTION - CUSTODY
AND NOW, this // k- day of (OU0 JA' , 1996, upon
consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. The parties shall enter into counseling and family therapy
with Dr. Arnold Shienvold, with the purpose of this counseling
to allow Dr. Shienvold to recommend to the parties a permanent
order with respect to a custody arrangement in this case.
2. Additionally, Dr. Shienvold will make a recommendation to the
parties relative to a proposed schedule on continuation of
family therapy involving the parents and the minor child and
any other individuals involved in this case as recommended by
Dr Shienvold. Any costs of this counseling/therapy that is
not reimbursed through insurance of the respective parties
shall be shared equally by the parties.
3. Pending further order of this Court, the following temporary
Custody order is entered:
A. The Mother, Suzanne S. Abel, and the Father, Arnold J.
Baum, shall enjoy shared legal custody of Elizabeth R.
Abel, born November 20, 1991.
B. The Mother shall enjoy primary physical custody of the
minor child.
C. The Father shall enjoy temporary physical custody of the
minor child on alternating weekends from when the child
is released from school until Sunday evening at 6:00 p.m.
Additionally, he shall enjoy temporary custody on every
Wednesday evening from after school until 7:00 p.m. On
those Mondays when the child is off school and the Father
has custody of the child for that weekend, his weekend
temporary custody shall extend through until Monday
evening at 6:00 p.m.
D. The Thanksgiving holiday for 1996 shall be handled with
the Father enjoying custody from Wednesday evening before
Thanksgiving until the following Sunday evening at 6:00
p.m.
191 The Christmas holiday for 1996 shall be handled with the
Father enjoying custody from December 27th at 900 a.m.
until January 3 at 6t00 p.m.
41 The above custody schedule is temporary in nature and
anticipates that a more permanent custody arrangement will be
agreed to by the parties after additional counseling/family
therapy with Dr. Shienvold. The above order is entered
pursuant to an agreement reached by the parties at a custody
conciliation conference. If at any time either party desires
to modify the existing Court Order, that party may petition
the Court to have the case again scheduled with the Custody
Conciliator.
By the Court,
/s/ /1..1Gwk- Gam. ??C•?
act John J. Connelly, Jr., Esquire
Susan S. Lederer, Ssquire
TRUE COPY FROM RECORD
In ToSHM"14
'!r'i:Xt?t4, i iT?f;r ! ":2n qPr ttt',l h3f(i
and tiro :; ? ,i. :•; r; ' ;I;;y, ra
T':
Prothonmary
ARNOLD J. BAUM, t
Plaintiff t
t
v. t
t
SUZANNE S. ABEL, t
Defendant t
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 4060 CIVIL TERM
CIVIL ACTION - CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1918.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The Information pertaining to the child who is subject of this
litigation is as follows:
Elizabeth R. Abel, born November 20, 1991
2. A Conciliation Conference was held on October 3, 1996.
Present were the Mother, Suzanne S. Abel, with her counsel,
Susan Lederer, Enquire, and the Father, Arnold J. Baum, with
his counsel, John Connelly, Esquire.
3. The parties agreed
attached.
- I l ?P
Date
to the entry of an order in the form as
ay-
Hubert X. Gilroy squire
Custody Conciliator
V IWINDOWOMPWINh"11A INUJIAUM OKI) WM
ARNOLD J, BAUM, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 96.4060 CIVIL TERM
SUZANNE S. ABEL, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, to wit, this /or day of ? VA4 1998, the custody
hearing originally scheduled for March 27, 1998 is hereby rescheduled to August 20,
1998 at 9:30 a.m. in Courtroom a4 of the Cumberland County Court House, Carlisle,
Pennsylvania.
BY THE COURT:
J.
or irii.en-0i?c`a'r??`t
gg )Uti ? l Ali ?ao 17
t;
Febnury 3, 2000'
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ARNOLD J. BAUM,
Plaintiff/Petitioner
V.
SUZANNE S. ABEL,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.4060
CIVIL ACTION - LAW
IN CUSTODY
QMER OF COURT,
AND NOW, this day of k t _ , 2000, upon
consideration of the attached complaint, It Is hereby directed that the parties and their
respective counsel appear before t?? ?-, Esquire, the
conciliator, at >q ?.J. MCa?C? `?? ?Nn?x??ebt) Pennsylvania, n T?1C? the,
day of?1 2000, at o'clock -am., for a Pre-Hearing Custody Conference,
At such conference, an effortwill 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. Either party may bring the children who are the
subjects of this custody action to the conference, but the children's attendance Is not
mandatory. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order,
FOR THE COURT,
Custody Conciliator ( 1
YOU SHOULD TAKE THIS 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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February J, 2000
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READER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4842
Telephone No. (717) 783.1383
Attorneys for Plaintiff/Petitioner
ARNOLD J. BAUM, : IN THE COURT OF COMMON PLEAS
PlaintlNfPelltioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO, 96-4080
SUZANNE S. ABEL, : CIVIL ACTION - LAW
Defendant/Respondent : IN CUSTODY
PETITION IQ MODIFY CUSTODY
AND NOW comes, Petitioner, Arnold J. Baum, by and through his counsel, Reager,
Adler & Cognettl, P.C., and files this Petition to Modify Custody against Respondent,
Suzanne S. Abel, and in support thereof, avers as follows:
1. The Petitioner Is Arnold J. Baum, who currently resides at 390 Crooked Hill
Road, Hummelstown, Dauphin County, Pennsylvania.
2, The Respondent Is Suzanne S. Abel, who currently resides at 1204 Louisa
Lane, Mechanicsburg, Cumberland County, Pennsylvania,
3, The parties have one (1) child, namely, Elizabeth R. Abel, born November
21, 1991.
4, There is presently an existing Custody Order in this matter as contained In
the transcript of a hearing before this Court held on August 20,1998.
February 3, 2000
MlsbVamily low0lml Dlndory%oum•ATItedIngsWodlllcshomCus pat wpd
6, This Order gives primary physical custody of the child to Respondent, A true
and correct copy of this transcript Is attached hereto and marked as Exhibit
"A" and made a part hereof,
8. The best Interest and permanent welfare of the child will be served by a
modification of the Court's Order that would grant primary physical custody
to Petitioner.
WHEREFORE, Petitioner, Arnold J. Baum, respectfully requests this Honorable
Court grant a modification of the existing Court Order.
REALER, ADLER & COGNETTI, PC
Date: February 3, 2000 By: 16al xz&.
MARIA P, OGN T
),-ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 783-1383
Attorney for Plaintiff/Petitioner
Febwuy 7, 2000
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VERIFICATION
I, ARNOLD J. BAUM, verity that the statements made In the foregoing document,
PETITION TO MODIFY CUSTODY, 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 IS
Pe,C.S. Section 4904, relating to unsworn falsification to authorities,
DATED, a?/'?/?DD ez--46,-.P
ARNOLD J. RATIM a
,
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Exhibit A
ARNOLD J. BAUM V, SUZANNE S. AHEL • 4060 CIVIL 1996
9/90/98
M3. COGNBTTII For purposes of the record
today, i can state the parties' agreement an follows.
The parties will have shared legal custody of
the minor child, and we will further define that term in a
proposed court order.
The partiee will likewise share physical
custody of Ellie in a fashion as follows, The father will
have three out of four weekends, i,e „ three on one off.
And this will begin with his next regular weekend. The
weekends will run from Friday after school, at approximately
4100 p.m. through Sunday eveninge at 9t00 p.m.
If Friday is a school holiday, then the
father will get the child Thursday at approximately 4100
p.m, and keep her for the remainder of the weekend, if
Monday is a school holiday, the father will simply keep the
child through until Monday evening at 6100 p.m.
The father will also have the child on
Tuesday evenings from 4100 to 9100,
For the holidays, Mother's Day will always be
with mother. And Father's Day will always be with father,
from 9100 a.m. through 9100 p.m.
The parties will alternate Thanksgiving each
year, from Wednesday at 0100 p.m, through Sunday at 9100
p,m. And the father will have the holiday in even years.
Mom will have the holiday in add-numbered years.
For the Passover holiday, recognizing the two
days of Seder, the father shall have the first day of Seder,
and the mother shall have the second day of Seder. And the
time frames will run from sundown to sundown.
r
' The father shall then also get any part of
the Easter and/or opring break that doeo not conflict with
the Passover time that I have just dalineatgd,
For Roah Hashanah, again, the father will
have the first day, and the mother will have the second dav.
AM those times will also be from sundown to sundown.
For Yom Kippur every year, the parties will
simply alternate the holiday. For Yom Kippur the mother
will start this rotation, having the child for Yom Kippur in
even-numbered years.
The eight days of Hanukkah shall be split
evenly by the parties, with the father having the option to
first pick his four days.
Again, the father will then also get any
remainder of the child's school Christmas break, which does
not conflict with those eight days of Hanukkah, except for
the fact that mother will always have December 24th, from
10:00 a.m. through 30:30 p.m, The school holidays will be
considered to be from when school is out through the evening
before school.
A clarification on what 1 have just said,
that for the remainder of the Christmas break that does not
conflict with Hanukkah, Path^r':a time ehAil arart after
mother's time occurring on the 24th at 10:30 p.m. The
father will then have the remainder of the Christmas break.
During the summer, mom will have alternate
weekends, from Fridays at 4:00 through Sunday at 8:00, and
Wednesday evenings from 4:00 to 9:00.
Additionally in the summer, each party will
have the child for three uninterrupted non-consecutive
' weeks. The mother shall have two of her three weeks the
first and last weeks before and after school -- the first
week after ochool ends and the first week before school
begins, and one other week. The father can have any other
three weeks. The parties will give each other a minimum of
thirty days notice of any of the weeks which are not
specifically not forth by this agreement. Each of them must
take the week which includes their weekend, And a week will
be defined here as Friday to Friday or Sunday to Sunday,
The parties shall have phone contact with the
child on a liberal basis. An far as transportation is
concewned, the party receiving custody shall provide the
transportation. if, other than in emergency circumstances, ,
a party keeps the child longer than their requisite time,
the other party shall be given makeup time.
And finally, I believe, this agreement is
based on the mother not moving out of the current school
district and will so state that mother is not to move out of
that school district without a prior hearing and court
approval.
Much 24, 1000
yWbbVamlly IWCllenl DiecloryyBsum.ANleedlnpeNMevll of service (Pet to Modify Custody).wpd
REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney LD, No. 27914
2331 Market Street
Camp I fill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Plainti petitioner
ARNOLD J. BAUM, ; IN THF. COURT OF COMMON PLEAS
Plaintiff/Petitioner ; CUMBERLAND COUNTY, PENNSYLVANIA
V, :NO. 96.4060
SUZANNE S. ABEL, ; CIVIL ACTION - LAW
Defendant/Respondent ; IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEAL'T'H OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Before me, the undersigned Notary Public, this day, personally appeared Maria P, Cognettt,
Esquire, attorney for the Petitioner, to me known, who being duly sworn according to low,
deposes the following:
I, Maria P. Cognetti, Esquire, being duly sworn according to law, depose and state
that service of the Petition ?o Modify Custody in the above-cuplioned matter was
served by Certified Mail, Return Receipt Requested, on Respondent, Suzanne S,
Abel, 1204 Louisa Lane, Mechanicsburg, Pennsylvania, 17055. The Certified
Receipt is attached hereto as "Exhibit A."
REAGER, ADIA?R & C'OGNETTI, P.C.
By:
Subscrib qc and sworn to before
this,a?=dayof Giro
Notarhnl Seal
Karen A. Sheriff, Notary Public
Fter aZInon, Dauphin ouiiy
MY Cammlael [p?lroe Much 0, 20'12
Itpbtrgf, PONmytveiia A3e0dWL2 of Notmtor„
March 27.2000
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• • Memo e, aa, am "M. fot wMM eerWoss (for on
a P"Yow wn• rld basis" an IM WMU or ft wm a Met "oen Mom IN$ axtti Fast).
• =C6, to the ft" of ft msiOst b, r on ft bade M bpam doe" not I • E3 Addreaas•'s Addrm Its
article f ??rwt nagc?w a)Q* i0 V ggo wd• toes d$#Vwwvd WW du d 2. O RNUtcled De11vNy
S dearMaa, Consult postmaster for fee,
• Addressed to: a. • r
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//eZUN ?ULCCSQ /.Q?K' 0Reglel•ted ?CoreM•d
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PS Form Dwerrber 1004 rr ' 0"6110 e um !C! p
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ARNOLD J. BAUM# t IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTYr PENNSYLVANIA
t
vas t NO. 96-4060 CIVIL 'PERM
t
SUZANNE S. ABEL, t CIVIL ACTION - LAW
Defendant/Respondent t IN CUSTODY
ORDER or OOURT
MID NOW, this day of 2000, upon
consideration of the at ac Custody Conc. a on epor•r is ordeed
and directed as follows:
A Hearing is scheduled in Court Room M?r of the Cumberland
County Court House, on the .30-d day of , 2000, at
v o'clock, ?.m., at which time testimony will be taken. For
purposes of this Hearing, the Father, Arnold J. Baum, shall be deemed to be
the moving party and shall proceed initially with testimony. Counsel for
the parties or the parties pro as shall file with the Court and the
opposing party or counsel a Memorandum setting forth each party's position
on custody, a list of witnesses who are expected to testify at the Hearing,
and a summary of the anticipated testimony of each witness. These
Memoranda shall be filed at least ten. (10) days prior to the Hearing date.
BY THE oOURT,
r
cot Maria P. Cognetti, Esquire - Counsel for Father
Suzanne S. Abel, Mother
41e,a)
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ARNOLD J. BAUM,
Plaintiff/Petitioner
Va.
SUZANNE S. ABEL,
Defendant/Respondent
PRIOR JWOEt Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROC W=
1915.3-81 the undersigned Custody Conciliator submits the following reports
1. The pertinent information concerning the child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTX* Ot
Elizabeth R. Abel November 21, 1991 Mother
2. A Conciliation conference was held on April 11, 2000, with the
following individuals in attendance: The Father, Arnold J. Baum, with his
counsel, Maria P. Cognetti, Esquire, and the Mother, Suzanne S. Abel, who
is not represented by counsel in this matter.
3. This Court previously held a Hearing in this matter on August 20,
1998, at which time the parties' agreement as to basic child custody
arrangements was read into the record by the Father's counsel. However,
following the Hearings the parties were not able to finalize the custody
arrangement by working out the necessary details. The Father filed this
Petition for primary physical custody. The parties were not able to reach
an agreement at the Conference and it will be necessary to schedule a
Hearing.
4. The Father's position on custody is as follows: The Father
believes that it is detrimental to the Child's interests to remain in the
primary custody of the Mother. 'fie Father indicated that there should have
been a more shared custody schedule two years ago but the parties were
unable to bring closure to their tentative 1996 agreement. The Father
stated that, at this time, there is not enough cooperation or communication
between the parties to :rake a shared custody schedule viable. The Father
indicated that the child's performance in school and behavior in general
have worsened. The Father believes it would be best for the Child if
primary custody were transferred to him at this time.
5. The Mother's position on custody is as follows: The Mother
opposes the Father's request for primary physical custody and stated that
the Child has always lived with her. Instead, the Mother proposed that the
Fathers three out of four weekend schedule be reduced to alternating
weekends. The Mother expressed frustration with the parties' inability to
communicate. The Mother believes it would be best for the Child to remain
in her primary care.
6. Although often it is helpful to the parties to obtain a custody
evaluation in circumstances such as these, the parties have already
obtained evaluations from both Arnold Shienvold and Pauline Wallin in 1990.
The parties disagreed as to the outcome of those evaluations and the
process was not successful in facilitating a resolution. The parties do
appear to have very serious communication and perception problems. It was
clear at the Conference that the parties perceive many circumstances and
issues in totally different ways, which prevents them from being able to
even discuss possible solutions. The conciliator strongly recommended to
the parties that they obtain counseling to address their
communication/perception differences in order to enable them to effectively
handle any type of custody schedule.
7. Finally, it should be noted that the Mother requested that
independent counsel be appointed for the Child and the Father opposed the
request as unnecessary. Although counseling would probably be very helpful
for the Child, the Conciliator does not believe the appointment of
independent counsel is warranted, at least based upon the information
presented at the Conference.
8. The Conciliator recommends an order in the form as attached
scheduling a Hearing in this matter. It is expected that the Hearing will
require one full day.
!y. 2 MAO-1 Dat Dawn S. Sunday, Esqu
Custody conciliator
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REAGER, ADLER & COGNET7'I, PC
MARIA P, COGNETTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Ifill, PA 17011.4642
'T'elephone No. (717) 763.1383
Attorneys for I'lai iliff
ARNOLD J, BAUM, ; IN TIIB COURT OP COMMON PLEAS
Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 96.4060
SLIZANNE S. ABEL, ; CIVII. ACTION - LAW
Defendant ; IN DIVORCE',
PRA_ECWE TO WITHDRAW I'F;'X'?'IION TO MODIFY CUSTODY
TO THE PROTHONOTARY:
Kindly withdraw on behalf of ARNOLD J. BAUM, the PlaintifThercht, the Petition to
Modify Custody hereto filed in this matter on or about February 4, 2000.
REAGER, ADL R & COGNETTI, PC.
? -747 t
Date; June 21, 2000 By; l 6w L
MARIA P. :0G . - fl, ESQUIR
Attorney H No. 914
2331 Market Street
Camp [fill. PA 17011-4642
'T'elephone No. (717) 763.1383
Attorney for Plaintiff'
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J, BAUM,
Plaintiff NO. 96-4060 CIVIL TERM
vs.
CIVIL ACTION - LAW
SUZANNE S. ABEL, IN CUSTODY
Defendant
ORDER
AND NOW, this day ofd 2001, upon
consideration of the attached Petition for Approval to Relocate, a hearing on the matter
of Defendant's relocation Is hereby scheduled for the /0'4 day of
&,6 '14- 41 ` -? , 2001 in courtroom #4 at r10 o'clock.
BY THE COURT
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM,
Plaintiff NO. 96-4060 CIVIL TERM
Va.
CIVIL ACTION - LAW
SUZANNE S. ABEL, IN CUSTODY
Defendant
ORDER
AND NOW, this day of 2001, upon
consideration of the attached Petition for Approval to Relocate, Defendant's Petition Is
hereby GRANTED.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM,
Plaintiff NO, 98.4060 CIVIL TERM
vs.
CIVIL ACTION • LAW
SUZANNE S, ABEL, IN CUSTODY
Defendant
PETITION FOR APPROVAL TO RELOCATE
AND NOW, this day of September, 2001, comes the Defendant, Suzanne
Abel, pro se, who seeks the Court's approval to relocate and requests that the Court
schedule a hearing or enter an Order predicated upon the following:
The parties hereto are parties to the above captioned action in custody regarding
the minor child, Elizabeth Rebekah Abel (DOB 11120191).
2. The parties attended a hearing before this Honorable Court on August 20, 1998.
3. At the conclusion of the hearing, Plaintiffa counsel read a stipulated custody
agreement Into the record. Pursuant to the stipulated agreement, Defendant enjoys
primary custody of the minor child; and father enjoys liberal visitation. (Exhibit A).
4. The stipulated agreement specifically provided, In pertinent part, as follows:
And finally, I believe, this agreement is based on the mother not moving out of
the current school district and will so state that mother is not to move out of that
school district without a prior hearing and court approval,
6. The minor child attended Cumberland Valley School District at the time the
stipulated agreement was entered.
6, Defendant currently resides at 1204 Louise Lane, Mechanicsburg, Pennsylvania
where the minor child attends 0 grade at Hampden Elementary School within the
Cumberland Valley School District.
7, Defendant rents her current residence where she and the minor child have resided
for the past 2'/a years.
6, Defendant Is engaged to be married to Mr, Allen Hostetter who resides at 7 East
Leumen Street, Mt, Holly Springs, Pennsylvania.
9, Mr. Hostetter owns his residence. Mr. Hostetter Is employed full tirne by ComCast
Cable,
10. Mr. Hostetter's residence is served by the Mt, Holly Elementary School within the
Carlisle School District.
11. In anticipation of, and preparation for, their Impending marriage and the Impending
birth of their child, Defendant and Mr. Hostetter would like to live together as a
family, with the minor child, at Mr. Hostetter's residence,
12. The minor child has developed a familiar relationship with Mr. Hostetter,
13. The minor child Is looking forward to attending Mt. Holly Elementary School where
she has already made new friends and will live closer to Defendant's extended
family.
14. Defendant has given notice of intent to vacate at her current residence. The
apartment complex has confirmed November 4, 2001 as Defendant's last date of
residence.
15. Defendant advised Plaintiff of their anticipated relocation and offered to transport the
minor child to and from Plaintiffs brother's house (where Plaintiff currently resides)
at 3200 Elm Street, Harrisburg, Pennsylvania so that Plaintiffs visitation schedule
remains undisturbed and that Plaintiff is not inconvenienced by Defendant's
relocation.
16. Travel to and from Mr. Hostetter's residence is approximately 17 miles or 22 minutes
more then travel to and from Defendant's current residence, relative to Plaintiffs
current residence.
17, To minimize the stress of changing schools In mid-year, Defendant seeks to transfer
the minor child to Mt. Holly Elementary School as early In the school year as
practicable,
WHEREFORE, Defendant respectfully requests this Honorable Court to schedule a
hearing or enter an Order approving Defendant's relocation.
Respectfully Submitted,
Suzanne Abel, Prose
By,
Mzahrie Abel
RO, x 1032
Mechanicsburg, PA 17066
(717) 3030366
,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM,
Plaintiff NO, 98.4080 CIVIL TERM
Ve.
CIVIL ACTION - LAW
SUZANNE S. ABEL, IN CUSTODY
Defendant
VERIFICATION
I verify that the statements made in the foregoing Defendant's Petition for Approval to
Relocate are true and accurate. I understand that false statements herein are made
subject to the penalties of 18 Pe.C.S. §4904 relating to unsworn falsification to
authorities,
i. Ali At I A1.0
qwAln%ln
zenne S, Abel
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM,
Plaintiff NO, 96.4060 CIVIL TERM
vs.
CIVIL ACTION - LAW
SUZANNE S, ABEL, IN CUSTODY
Defendant
63]4;Mlol& _ •
I, Suzanne Abel, pro se, do hereby certify that I served a true and correct copy of the
foregoing Defendant's Petition for Approval to Relocate upon the following below-named
Individual by depositing same In the U,S, Mail, postage pre-paid at Mechanicsburg,
Cumberland County, Pennsylvania this 119 day of September, 2001,
SERVED UPON:
Maria Cognetti, Esquire
Cognetti & Associates
210 Grandview Avenue
Camp Hill, PA 17011
(counsel for Plalntlfn
Box 1032
Mechanicsburg, PA 17055
(717) 303-0355
SuzeP.O.n Abel
Pro se-Defendant
t
-ARNOLD J. BAUM V. SUZANNE S. ABEL - 4060 CIVIL 1996
8/20/98
MB. COONETTIc For purposes of the record
today, I can state the parties' agreement as follows,
The parties will have shared legal custody of
the minor child, and we will further define that term in a
proposed court order.
The parties will likewise share physical
custody of Ellie in a fashion as follows. The father will
have three out of four weekends, i.e., three on one off.
And this will begin with his next regular weekend. The
weekends will run from Friday after school, at approximately
4:00 p.m, through Sunday evenings at 8:00 p.m.
If Friday is a school holiday, then the
father will get the child Thursday at approximately 4t0O
p.m, and keep her for the remainder of the weekend. If
Monday is a school holiday, the father will simply keep the
child through until Monday evening at 8c00 p.m.
The father will also have the child on
Tuesday evenings from 4c00 to 6:00.
For the holidays, Mother's Day will always be
with :pother. And Father's Day will always be with father,
from 9:00 a.m. through 8:00 p.m.
The parties will alternate Thanksgiving each
year, from Wednesday at 8:00 p.m, through Sunday at 8:00
p.m. And the father will have the holiday in even years.
Mom will have the holiday in odd-numbered years.
For the Passover holiday, recognizing the two
days of Seder, the father shall have the first day of Seder,
and the mother shall have the second day of Seder. And the
time frames will run from sundown to sundown.
?rKHl?3/f !?
The father shall then also get any part of
the Easter and/or spring break that does not conflict with
the Passover time that I have just delineated,
For Rosh Hashanah, again, the father will
have the first day, and the mother will have the second day,
And those times will also be from sundown to sundown,
For Yom Kippur every year, the parties will
simply alternate the holiday. For Yom Kippur the mother
will start this rotation, having the child for Yom Kippur in
even-numbered years.
The eight days of Hanukkah shall be split
evenly by the parties, with the father having the option to
first pick his four days,
Again, the father will then also get any
remainder of the child's school Christmas break, which does
not conflict with those eight days of Hanukkah, except for
the fact that mother will always have December 24th, from
10:00 a.m. through 10:30 p.m. The school holidays will be
considered to be from when school is out through the evening
before school.
A clarification on what I have just said,
that for the remainder of the Christmas break that does not
conflict with Hanukkah, father's time shall start after
mother's time occurring on the 24th at 10:30 p.m. The
father will then have the remainder of the Christmas break,
During the summer, mom will have alternate
weekends, from Fridays at 4:00 through Sunday at 8:00, and
Wednesday evenings from 4:00 to 8:00.
Additionally in the summer, each party will
have the child for three uninterrupted non-consecutive
weeks. The mother shall have two of her three weeks the
first and last weeks before and after school -- the first
week after school ends and the first week before school
begins, and one other week. The father can have any other
three weeks. The parties will give each other a minimum of
thirty days notice of any of the weeks which are not
specifically set forth by this agreement. Each of them must
take the week which includes their weekend. And a week will
be defined here as Friday to Friday or Sunday to Sunday.
The parties shall have phone contact with the
child on a liberal basis. As far as transportation is
concerned, the party receiving custody shall provide the
transportation. If, other than in emergency circumstances,
a party keeps the child longer than their requisite time,
the other party shall be given makeup time.
And finally, I believe, this agreement is
based on the mother not moving out of the current school
district and will so state that mother is not to move out of
that school district without a prior hearing and court
approval.
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I.,
ARNOLD J, BAUM,
Plaintiff/Petitioner
v.
SUZANNE S. ABEL,
Defendant/Respondent
IN THE COURT O COMMON PLEAS
CUMBERLAND COUN'T'Y, PENNSYLVANIA
,
NO. 96.4060
CIVIL. ACTION - LAW
IN CUS'T'ODY
AND NOW, to wit, this 10' Jay o?' och t+•• 2001, the hearing currently
scheduled in this mutter for October 10, 2001, Is hereby rescheduled to October 26, 2001, at 3;30
p,m, In Courtroom 94 of the Cumberland County Courthouse, Carlisle, Pennsylvania,
BY'T'HE COUR'T',
Kevi
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W1111101) Wily I..YLw11?irw,Wr?. AVy.s, Mwp/Wu ?.. l1,ml,"•till IgNI
ARNOLD J, BAUM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 9G•4060 CIVIL TERM
SUZANNE S. ABEL, : CIVIL ACTION • LAW
Defendant : IN CUSTODY
ORDER OF COQ
AND NOW, to wit, this 'I * day of No -c-.6.y , 2001, It is hereby
ORDERED AND DECREED that the attached Stipulation for Custody be made an Order
of this Court and said Stipulation is adopted In it entirety and incorporated herein as an
Order of Court.
BY THE COURT':
4 ,414
A. Hess, Judge
V ?O\
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OWN1
ARNOLD J, BAUM, ; IN THE COURTOF COMMON PLEAS
Plaintiff ; CUMBERLAND COUN'T'Y, PENNSYLVANIA
V. NO, 96.4060 CIVIL'fERM
SUZANNE S. ABEL, CIVIL. ACTION - LAW
Defendant IN CUSTODY
STIPULATION FOR CUSTODY
AND NOW, this .3tLday of _ nC-#0 j], _, 2001, PluintIIT Amold J,
Baum (hereinafter referred to un "Father"), and Defendant, Suzanne S. Abel (hereinalter
referred to as "Mother"), having the hest interest of their minor child, Elizabeth R. Abel,
born November 20, 1991, In mind, do hereby agree and stipulate as l'ollows;
'fhe parties agree and acknowledge that it is in the best Interest and welfare
of the minor child that they have shared legal custody. The parties' agreement to shared
legal custody is in consideration of the following;
a. Both parties recognize that each of them need to be fully involved in
all aspects of their child's welfare and happiness;
b. Both parents desire that neither parent should ever be relegated to the
status of "visiting" or "weekend parent";
C. Both parents agree that their child presently perceives both parents as
a source of love and security and wishes to continue both relationships;
-1..
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d. Both parents agree that they possess the ability to communicate and
cooperate with each other in promoting their child's best interest;
C. Both parents are agreeable to a shared custody arrangement under
certain teens and conditions;
C. Both parents will attempt by all possible means to foster their child's
relationship with the other parent. Both parents realize and appreciate that it is critical for
their child's healthy development that she feel good about and loving toward both parents
and that both parents play a major role in helping to achieve this goal;
g. Both parents shall fully share Information including oral and written
reports, regarding their child concerning all aspects of her life, including, inter alia•
information concerning schooling and education, health, religion, summer activities and
friends. Both parents shall take part in all decisions concerning the child; and both
parents agree to cooperate to the fullest possible extent in their child's upbringing to the
end that her relationship with hoth parents shall be as hurmonious as possible. Plaintiff
and Defendant shall confer concerning their best efforts to agree upon the selection of
schools and colleges and any summer activities in which the child may engage,
2. The parties shall share physical custody of the minor child in accordance
with the following schedule:
a. Beginning on October 26, 2001, father shall have three of every four
weekends beginning at 4:00 p.m. on Friday and ending on Sunday at 7:30 p.tn, Said
-2-
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weekends shall be consecutive. If Friduy is u school holiday then. In that event, rather
shall have custody beginning on 'I'hursduy at 4:00 p.m. I I' Monday is u school holiday
then, in that event, rather shall have custody until Monday at 7:30 p.m.
b, rather shall likewise have custody every 'T'uesday evening during the
school year, from approximately 4,00 p.m. (but no later than 4:30 p,m.) through 7,30 p.m.
C. Beginning on the second Sunday following the close of school,
primary custody ofthe minor child shall revert to rather, However, during the week prior
to Father's assumption of summer custody he shall forego his'T'uesday evening visit.
d. During the summer months, Mother shall have custody on alternate
weekends beginning Friday at 4:00 p.m. through Sunday at 8:00 p.m,
C. Mother shall have custody 'T'uesday evenings from 4:00 p.m. through
8:00 p.m.
f. Mother shall also have custody for one additional uninterrupted
week during the sutmner. Mother must provide Luther with at least thirty (30) days
written notice of the week she plans to utilize. For the purposes of this Paragraph a week
shall be defined as Sunday at 8:00 p.m. through Sunday at 8:00 p.m,
g. During the summer months. Father shall be entitled to three (3) non-
consecutive one week periods of uninterrupted custody. For the purposes of this
Paragraph a week shall be defined as Sunday at 8:00 p.m. through Sunday at 8:00 p.m.
Said weeks shall include Father's regularly scheduled weekends, rather must provide
-3-
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Mother with at icust thirty (30) days written notice of the weeks In which he plans to take
vacation. During these weeks Mother would not be entitled to her Tuesday night
visitation,
h. The child must be returned to the primury custody of Mother on the
second Sunday before the start of the school year. During the week prior to the
resumption of school father shall forego his Tuesday visit,
The child shall spend Mother's Clay with Mother and Father's Day
with Father, The holiday shall be defined as beginning Lit 8:00 pan. on the evening before
the holiday and ending at 8:00 p.m. the day of the holiday.
J. The Thanksgiving holiday shall be alternated between the parties
each year. The holiday shall be defined as beginning at 8:00 p.m. on the Wednesday the
day before the holiday and ending at 7:30 p.m. on the Monday oiler the holiday. Father
shall have the holiday in even numbered years and Mother shall have the holiday in odd
numbered years.
k. The Passover holiday shall be shared between the parties, The
parties shall share the holiday from sundown to sundown. Father shall get the first 24
hours of Seder and Mother shall get the second 24 hours of Seder.
1. With regard to the child's Faster/spring break, Father shall be entitled
to any portion of that break which does not conflict with the Passover holiday schedule.
-4-
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tn. Rosh Hashanah shull be shared between the parties, The parties shall
share the holiday front sundown to sundown. Father shall get the first 24 hours of the
holiday and Mother shall get the second 24 hours ol'the holiday.
n. With regard to Yont Kippur the parties shall alternate the holiday
from year to year. 1'he holiday shall run from sundown to sundown. Mother shall have
the holiday in even nutnbered years and Father shall have the holiday in odd numbered
years.
o. With regard to Hanukkah the parties shall equally share the eight (g)
days of Hanukkah. Father shall be entitled to select which blur (4) days he will have
custody, which must coincide with his weekend time,
p. For the Christmas holiday Mother shall be entitled to custody from
the close of school through 10:30 p.m. on Chrisunas eve. Beginning on December 24 at
10:30 p.m. Father shall be entitled to any portion of the child's Christmas break which
does not conflict with Hanukkah, but in any event shall end on 7:30 p.nt. on the evening
before the start of school.
3. Mother shall be responsible for all transportation.
4. Reasonable telephone privileges with the child shall be afforded to the non-
custodial parent at all times.
5. Father agrees that Mother may relocate with the child to the Carlisle Area
School District. Mother agrees not to move from the Carlisle Area School District
-5-
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without the prior written consent of father or until a tall hearing before the Court and
farther Order of Court. father agrees that he will not move without prior written
nWilcation to Mother, I f father moves more than 5 miles from his current residence
he shall obtain the prior consent of Mother, which consent shall not he unreasonably
PRIM
withheld. However, should father move more than 5 miles from his current residence all
transportation shall be borne equally by the parties.
6. Should either party fail to facilitate custodial exchanges at the appropriate
time, the party negatively eilected shall be entitled to make-up thee.
7. The parties farther agree that this Stipulation shall be entered us an Order of
Court and as such shall have the same full force and effect as if this matter had been tried
and decided.
8. This Stipulation and Order of Court shall supersede any existing custody
arrangements between the parties.
9. This Stipulation and Order of Court shall continue in full force and ell'ect
until further Order of Court and/or amended agreement in writing between the parties.
-6-
IWIIEVYn.IYI,YVIIMN UII?bgylYmA\AIIIwNNAIAgmIYnN INIVWMI ,v/•,y ? ? Uvi1Nl
lo. The parties hereby waive their right to present this Stipulation In open Court
or to have their case heard by the Court at this thne,
IN WITNESS WHEREOF, the purtles have hereunto set their hands and seals the
day and year first above written.
Witness Arnold J. Bautn 7 p
Witness S ne S. Abe
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ARNOLD JAY IIAUM I IN 'II Ih. COUIt'I' Or C'ONIN4UN PL1:AS OI
PI.nIN'I'lhP 1 CUM111:It1.AN1) COUNTY, III; NNSYLVANIA
a
V. t 96.4060 C'IVIt. At"ZION I.AW
SUYANNG SPENCGIt AIIrL
t IN C'lJti'I'l)I)Y
DFI+:NDAN'r
ORDER OF COURT
ANI) NOW. _ _.___..Wednesdry, Mpy041 2006 upon consideration ofthe attached Complaint,
It Is hereby directed that parties anJ theb respeellvr counsel appear before Dewn S. Sunday, ksy, the conciliator,
at 39 Wert Main Street, Meehenleshurg, PA 17066 on Wednesday. June 01, 2006 at 9100 AM
t'ur n Ihe-lienrhtg Custody C'unlcrence. At such cunlercnCe, nn ell'urt svlll he nutde to resolve the Issues In dfsputc; or
if this cannot he accomplished. to define and narrow the issues to he heard by tl a court, and w enter into a tcmpontry
order. All children Sue IA a ur older may also he prcscm at the cunlcnna:. (allure w uppear at the conlerenee nmv
pros ide grounds for entry of n temporary or permanent order.
The court hereby directs the parties In furnlsh any and sill eitlsdng Protection from Abuse orders,
Special Rellef orders, and Custody orders in the eonelliadtr 48 hours Orlon it) scheduled hearing,
FOR 11 U: COURT.
By: „ Al _ Dawn S, StunrlaY, a-s4, _ ,k
C'ustodv Conciliator
The Court ol'Common I'Icns of C'umherlluxl Comm nis required by loss to comply vs ith the Americans
Milt I)isuhillics Act of 1990, for inlirmtutiom about accessible I'ocilities and reasonable accommodations
m ailahic to disuhled individuals having business before the court. please Contact our ollice. All arrangements
rust he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
confercnCe or hearing.
YOU SIIOULI) TAFH' HIS PAPIA 10 YOUR A H ORNI:Y A'f ONCI'., Ip YOU DO NOT
HAVE AN ATI'URNFY Olt C•ANNO'I' AFFORD ONE. 0010 OR I ELI'.PIIONIi'I'll[:OfPICf: SIiT
FOR I'll BELOW'Fo FIND OUT WI11:It I: YOU CAN 61:1' 116AL 111`1'.
CLImberlnnd County Bar Association
32 South Bedford Street
Carlisle. Pconsylvuniu 17013
Telephone (717) 249.3166
111.I:IJ?i?ff t!:r.
OF THf: rr?.;rl,cl: ;rnrr
2005 MAY -5 PH 12139
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ARNOLD JAY BAUM,
Plaintiff
V.
SUZANNE SPENCER ABEL,
Defendant
AND NOW, this
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 06.4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
day of . 2008, upon
consideration of the attached petition, it is hereby directed that the parties and
their respective counsel appear before Esquire,
the conciliator, at
Pennsylvania, on , the day of
2008, at o'clock _.m., for a Pro-Hoaring Custody Conferenco.
At such conference, an effort will he 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. Either party may bring the children who
are the subjects of this custody action to the conference, but the children's
attendance is not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT,
By:
Custody Conciliator
YOU SHOULD TAKE THIS 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)'140.3166
By:
J.
ARNOLD JAY BAUM,
Plaintiff
V.
SUZANNE SPENCER ABEL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4060 CIVIL TERM
CIVIL ACTION • LAW
IN CUSTODY
PETITION, TO MODIFY CUSTODY
AND NOW COMES, Petitioner, Suzanne S. Abel, pro so, who avors as
follows:
1. Petitioner is Suzanne Spencer Abel, who residos at 22 East Street, #(i, Mt,
Holly Springs, Cumberland County, Pennsylvania,
2, Respondent is Arnold Jay Baum, who resides at 2319 Herr Street,
Harrisburg, Dauphin County, Pennsylvania.
3. The parties have one minor child, Elizabeth Rebekah Abel, born 11/20/1991.
4. On November 11, 2001, the Honorable Judge Kevin Hess entered the present
Custody Order giving Petitioner primary physical custody, with liberal
visitation to Respondent. (See Exhibit A, attached).
5, The best interests and permanent welfare of the child will be served by a
modification of the Court's Order that would grant supervised visitation to
Respondent,
WHEREFORE, Petitioner respectfully requests this honorable Court to
grant a Modification of the existing Court Order,
Date
Suzo,hne Spencer Abel
Pro Se Petitioner
22 East Street, #0
Mt, Holly Springs, PA 17006
(717) 234•2401
,
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,
Cons, Stat, Ann, §4904 relating to unsworn falsification authorities,
Date Sux ne Spence Abel
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Petition to Modify Custody has
been served via first class US, mail W the following party,
Maria Cognotti, Esq., Attorney for Respondent
Maria Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
`1?a9 v? ? ? l? ? ,ti, l
Date Suz a Spencer Abel
No Se Petitioner
22 East Street, #6
Mt, Holly Springs, PA 17060
(717) 2342401
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AI(NOLD J. BAUM,
Plaintiff
V.
SUZANNE S. ABEL,
Defendant
11W
: IN THE COURT Of COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 964060 CIVIL TERM
CIVIL AC'T'ION -LAW
IN CUSTODY
ORDER OF COUI17
AND NOW, to wit, this Jay of Lm?ef' , 2001, it is hereby
ORDERED AND DECREED that (lie attached Stipulation for Custody be made an Order
of this Court and said Stipulation is adopted in it entirety and incorporated herein as an
Order of Court,
BY THE COURT:
K in A. [less, Judge
TRUE Onr.
In Tostlmony i
9n(We seal of :.:lt
RECORD
sot my had
+ri at arlfsla, Pa.
IWU1YYnl/ 18W11.w UInY1hM,WR•A\1,prwnU\1YpuI W m fu cnW/, w, •N
IWIM
ARNOLD J. BAUM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 96.4060 CIVIL. TERM
SUZANNE S. ABEL, : CIVIL ACTION - LAW
Defendant ; IN CUSTODY
STIPULATION FOR CUSTODY
b}
AND NOW, this day of 0C Qk n ___, 2001, Plaintiff, Arnold J,
Baum (hereinafter referred to as "Father"), and Defendant, Suzanne S. Abel (hereinafter
referred to as "Mother"), having the best interest of their minor child, Elizabeth R. Abel,
bom November 20, 1991, in mind, do hereby agree and stipulate as follows;
1. The parties agree and acknowledge that it is in the best interest and welfare
of the minor child that they have shared legal custody. The parties' agreement to shared
legal custody is In consideration of the following:
a. Both parties recognize that each of them need to be fully involved in
all aspects of their child's welfare and happiness;
b. Both parents desire that neither parent should ever be relegated to the
status of "visiting" or "weekend parent";
C. Both parents agree that their child presently perceives both parents as
a source of love and security and wishes to continue both relationships;
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d. Both parents agree that they possess the ability to communicate and
cooperate with each other in promoting their child's best Interest;
C. Both parents are agreeable to a shared custody arrangement under
certain ternns and conditions;
f, Both parents will attempt by all possible mans to foster their child's
relationship with the other parent, Both parents realize and appreciate that it is critical for
their child's healthy development that she feel good about and loving toward both parents
and that both parents play a major role in helping to achieve this goal;
g. Both parents shall fully share information including oral and written
reports, regarding their child concerning all aspects of her life, including, inter aiia.
information concerning schooling and education, health, religion, summer activities and
friends. Both parents shall take part in all decisions concerning the child; and both
parents agree to cooperate to the fullest possible extent in their child's upbringing to the
end that her relationship with both parents shall be cis harmonious as possible, Plaintiff
and Defendant shall confer concerning their best efforts to agree upon the selection of
schools and colleges and any summer activities in which the child may engage.
2. The parties shall share physical custody of the minor child in accordance
with the following schedule:
a. Beginning on October 26, 2001, Father shall have three of every four
weekends beginning tit 4:00 p.m. on Friday and ending on Sunday at 7:30 p.m. Said
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weekends shall be consecutive, If Friday is a school holiday then, In (lint event, lather
shall have custody beginning on Thursday at 4:00 p,m, If Monday Is a school holiday
then, in that event, father shall have custody until Monday tit 7:30 p.m.
b. Father shall likewise have custody everyTuesday evening during the
school year, from approximately 4:00 p.m. (but no later thin 4:30 p.m,) through 7 30 p.m,
C. Beginning on the second Sunday following the close orschool,
primary custody of Orc minor child shall revert to Father. However, during the week prior
to Father's assumption of summer custody fie shall forego his Tuesday evening visit,
During the summer months, Mother shall have custody on alternate
weekends beginning Friday at 4:00 p,m. through Sunday at 8:00 p.m.
C. Mother shall have custody'fuesday evenings from 4:00 p.m, through
8:00 P.M.
Mother shall also have custody for one additional uninterrupted
week during the summer. Mother must provide Father with at least thirty (30) days
written notice of the week she plans to utilize. For the purposes of this Paragraph( a week
shall be defined as Sunday at 8:00 p.nn, through Sunday at 8:00 p.m,
g. During the sunnier months, Father shall be entitled to three (3) non-
consecutive one week periods of uninterrupted custody, for the purposes of this
Paragraph a week shall be defined as Sunday at 8:00 p.m. through Sunday at 8:00 p.m.
Said weeks shall include Father's regularly scheduled weekends, Father must provide
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Mother with at least thirty (30) days written notice of the weeks in which he plans to take
vacation. During these weeks Mother would not be entitled to her Tuesday night
visitation.
h. The child must be returned to the primary custody of Mother on the
second Sunday before the start of the school year. During the week prior to tl?e
resumption ol'school Fattier shall forego his Tuesday visit.
The child shall spend Mother's Day with Mother and Father's Day
with Fattier. The holiday shall be defined as beginning at 8:00 p.m. rnn the evening before
the holiday and ending at 8:00 p.?n. the day of the holiday.
j. The Thanksgiving holiday shall be alternated between the parties
each year. The holiday shall be defined as beginning at 8:00 p.m. on the Wednesday the
day before the holiday and ending at 7:30 p.m. on the Monday after the holiday. Father
shall have the holiday in even numbered years and Mother shall have the holiday in odd
numbered years.
k. The Passover holiday shall be shared between the parties. The
parties shall share the holiday from sundown to sundown. Father shall get the first 24
hours of Seder and Mother shall get the second 24 hours of Scdcr.
With regard to the child's Easter/spring break, Father shall be entitled
to any portion of that break which does not conflict with the Passover holiday schedule.
\Wjb'1 U1111M111uY UuAW/YIwN A'A1/nMtMW4yuIM?? N t"I'hW
107MI
in. Rosh I lashanah shall be shared between the parties, 'llte parties shall
share the holiday from sundown to sundown, father shall get the first 24 hours of the
holiday and Mother shall get the second 24 hours oi'the holiday,
n. With regard to Yont Kippur the parties shall alternate the holiday
from year to year, fhc holiday shall run from sundown to sundown. Mother shall have
die holiday in even numbered years and father shall have the holiday fn odd numbered
years.
o. With regard to Hanukkah the parties shall equally share the eight (ti)
days of Hanukkah. Father shall be entitled to select which four (4) days lie will have
custody, which must coincide with his weekend time,
For the Christmas holiday Mother shall be entitled to custody from
the close of school through 10:30 p.m, on Christmas eve. Beginning on December 24 at
10:30 p.m. Father shall be entitled to any portion of the child's Christmas break which
does not conflict with Hanukkah, but in any event shall end on 7:30 p,nt. on the evening
before the start of school.
Mother shall be responsible for all transportation.
Reasonable telephone privileges with the child shall be afforded to the non-
custodial parent at all tines.
Father agrees that Mother may relocate with the child to the Carlisle Area
School District. Mother agrees not to move from the Carlisle Area School District
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without the prior written consent of Father or until a IblI hearing before the Court and
further Order of Court. Father agrees that he will not move without prior written
notification to Mother. Ifl'ather moves more than 5 miles font his current residence
he shall obtain tite prior consent of Mother, which consent shall not be unreasonably
MW1
withheld, I iowever, should Father move more than 5 stiles from his current residence all
transportation shall be borne equally by the parties.
b. Should either party fail to facilitate custodial exchanges at the appropriate
time, the party negatively effected shall be entitled to make-up time,
7. The parties further agree that this Stipulation shall be entered as an Order of
Court and as such shall have the saute full force and effect as if this matter had been tried
and decided.
8. 11tis Stipulation and Order of Court shall supersede any existing custody
arrangements between the parties.
9. 'Ibis Stipulation and Order of Court shall continue in hill force and effect
until further Order of-Court and/or amended agreement in writing between the parties.
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10, The parties hereby waive their right to present this Stipulation In open Court
or to have their case heard by the Court at this time,
IN WITNESS WIIEREOF, the parties have hereunto set their hands and seals the
day and year first above written,
/Witness Arnold J. Baum ,
Witness S? me S, Abe
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ARNOLD JAY BAUM,
Plaintiff
V.
SUZANNE SPENCER ABEL,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ANSWER TO PLAINTIFF'S COUNTER-PETITION FOR
CONTEMPT OF CUSTODY
AND NOW COMES, Petitioner, Suzanne S. Abel, pro se, who avers as
follows:
6. No response required.
7. Admitted that sometime in July 2, 2004, Father demanded to know
when Daughter would come to live with him, and when Daughter replied "novae",
Father lost his temper and pushed minor child, knocking her off balance and
causing her to strike her head against her dresser. Father then slapped Daughter
for being defiant. Denied that Father's assault retaliating for Daughter's refusal to
agree to live with him constituted "minor corporal punishment."
8. Admitted that Daughter has refused unsupervised visitation since
Father's assault. Strictly denied that Daughter's anger and fear of father did not
pre-date Father's the July 2004 assault incident. By way of further response,
Mother was able to independently verify Daughter's ongoing assertions that, over
the past couple of years, Father hits engaged in three parallel courses of conduct
that have caused embarrassment, humiliation, fear, and anger in Daughter, to wit:
1) Father has continuously insisted that Daughter live with him so he would not
have to pay child support and so he could get child support from Mother by
rupontedly instructing Dnughtur that when she turns 1:3, she cut decide with whom
she wnnts to live, and by demmII(lhlg thnt Daughter exercise that "right;" 'l) Father
hits continuously made disparoghlg comments to Daughter ahuut Mother's life style,
morals, lend values, concluding that Daughter bohnves "just like her mother" when
she refuses to agree to live with him ond/or promise to exercise her "right" to live
with him, and ;1) Father has reportedly tixntod on Daughter's leinikie development
by accounting for her underwear, inapproprintely commenting on and ridiculing her
physical churucteristics, and touching her bra in the presence of ethers. It is
specifically noted that Daughwr's refusal Iu necept ongoing unsupervised visitation
coineidod with Daughter's Inellses wul haul' justnlalble fenr that Father would further
ridicule this physical development.
1). Denied. Strict proof demanded. fly way of further response, it is
specifically denied that Mother hits exacerbated the streSSed relationship between
Father and Daughter. It is further denied that Mother hits n1lowed Daughter to
dictate the terms of visitation to punish father. To the centrnry, Mother hits made
every possible effort to facilitate the re-establishment of a Flit her-Da ughter
relationship. Specifically, Mother has dett,rred to Father's unilateral choice of
counselor, and to that counselor's recommendation for supervised visitation.
10. Admitted. By way of further response, Father's participation in
counseling hits been inconsistent, insincere, and disingenuous. Specifically, Father
has repeatedly refused to comply with his counselor's recommendation for
supervised visitation and has twice refused to attend his family's gatherings once he
learned Daughter would he in attendance. Mother hits ensured that Daughter
complied with all of Father's counselor's recommendations.
11. Denied, Strict proof demanded. fly way of further response, Mother has
no knowledge of Father's counselor's strategy for the Filither-Daughter counseling
beyond the ultimate gold of re-establishing it rel?thmship between them.
11, Denied, Strict proof demanded. Mother and Father have had no
communication regarding the counseling sessions with Father nfter Father provided
the name of the counselor he unilaterally selected. By way of further response,
Mother discussed the lock of progress in the process with F'ather's counselor. After
Father angrily told Daughter he no longer wanted her to he it part of his life at It
family gathering rat his parent's home in Irate December 2004 or early January 10051,
Mother agreed with Father's counselor that to continue the instant counseling
would be fruitless and unnecessarily stressful for Daughter unless and until Father
begun to comply with his counselor's recommendations. Admitted that Mother
foiled to take Daughter to the final, closer session with counselor scheduled for
Janunry 2005. Mother notes that her attorney's letter dated April 6, 2006, is
materially incorrect, and she did not see that letter until served with the instant
plending.
13. Denied. Strict proof demanded. By way of further response, upon the
referral of Daughter's teachers in Februnry 1006, Daughter's school counselor
conducted an initial assessment and referred her for it more complete ovaluation
with Holy Spirit Hospital's I'eenLine. (see attached Exhibit A). TeenLine's
evnluttion recommended counseling for Mother and Daughter to address stressors
in their relationship, (See Attached Exhibit B). Pursunnt to that recommendation,
Mother set up an appointment for them with it counselor in Carlisle. Since the
recommended counseling was solely for the purpose of addressing the Mother.
Daughter relationship, Mother did not violate the shared legal custody language of
the Order.
14, Admitted. Father's and Father's attorney's direct threats to tho Carlisle
counselor of legal action have prevented Daughter, and Mother, from receiving the
recommended counseling. At no time did either Father or Father's attorney contact
Mother to ascertain the roason for the recommended counseling.
15. Denied. Strict proof domunded. Father hits missed custody time with
Daughter due to his courses of conduct outlined in 1111 B and 10 above, most
specifically due to his refusal to Comply with the supervised visitation recommended
by his counselor and his voluntary absence from his family's activities that included
Daughter.
10. Denied, Strict proof demandod. By way of further response, Father, by
his ongoing course of conduct outlined in 1111 H and 10 above, has failed to comply
with 1111 Le., Ld., and 11 of the existing Order,
17, Denied. Strict proof demanded. By way of further response, Mother has
expended considerable sums in counsel fees and costs as it result of complying with
the existing Order, encouraging Father's compliance with the existing Order, and in
defending Father's malicious Petition for Contempt filed in retaliation for Mother's
filing it Petition for Modification in the face of Father's refusal to comply with his
counselor's recommendations for supervised visitation
WHEREFORE, Petitioner respectfully requests this Honorable Court to
deny Plaintiffs Petition for Contempt, to Grant Defendant's Modification of the
existing Court Order to include an Order for resumption of Father-Daughter
counseling with it mutually agreed upon counselor, an Order for supervised
visitation with Father pending further recommendation by the agreed upon
counselor, an Order for commencing Mother-Daughter counseling in compliance
with the TeenLino recommendation, and an award to Mother of all counsel foes and
costs incurred since July 2004 for attempting to enforce the existing Order, and for
having to defend Plaintiffs Petition for Contempt.
Rospectfully submitted,
ww
Date
% /. it it 10 AI ?In n b //'? AJ
Suyebino Sponc.+r Abel
Pro Se Petitioner
22 East Street, #0
Mt. Holly Springs, PA 17065
(717) 234.2401
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VERIFICATION
I verify that the statements made in this petition are true and correct. I
understand that false statements heroin are made subject to the penalties of 16 Pa,
Cons, Stat, Ann. §4004 relating to unsworn falsification authorities.
L Lw lwjl 10 , ") ()Aj lzyz'
Date ui ne Sponc.er Abel
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Exhibit A
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EXHIBIT A
Letter from Daughter's Guidance Counselor
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MAY-0E-06 99134 Ali
Zliles sC/1Z%NN
V
CARLISLE AREA SCHOOL DISTRICT
623 W, Penn Street
Carlisle, Pennsylvania 17013
Telephone: 717.240.6800
Mary Kay Durham, Superintendent
May S, 2003
To Whom It May Concern:
Elizabeth Abel (DOD 11-20-9 1) was referrod to the Student Assistance Team at
Lamborton Middle School an January 26, 20050 by a teacher who had received
distressing writings from her, A follow up consultation with the school counselor
resulted in a phonc call to hcr mother requesting permission for an evaluation through the
Student Assistance Program, The assessment was conducted by a spccialist from
Tasnline and recommendations made to Me. Suzanne Abel, Elizabeth's mother.
Sincerely, Q
Cynthia Sutton
Counselor
Lamberton Middle School
P.WJ
Exhibit B
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EXHIBIT B
Letter from Holy Spirit Hospital's TeenLine
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WT-UV-AV? hXl VJ:JJ MM IEENLINE W No. 111-/6J-JU31 P.OU1/UU1
TEENLINE
A antV101 OF HOLY®IMaIT H06PITAL
May 6, 2005
Suzama Abel
22 But St,
Mt, Holly Springs, PA 17065
Deer Mrs. Abel,
This letter is a follow up to our conversation on March 7, 2005, 1 work for Teenline at
Holy Spirit Hospital and I am the mental health liaison for Lamberton Middle School's
Student Assistance Team At the team's request, l provided Elizabeth with a mental
health assessment, After meeting with Elizabeth on two different occasions, it is my
recommendation that she would greatly benefit from entering into outpatient counseling.
Ideally, this would include individual and ca-joint sessions with you. Although Elizabeth
is a very bright and gifted young lady, I have concerns that without this counseling, her
emotional well-being would be significantly compromised. It is ray hope that in working
with a therapist, Elizabeth will be able to productively address the issues that she is
currently struggling with, and in turn, this would allow her to fully and freely express her
many positive qualities and talents.
Sincerely,
Tonys Hofiinan MS
Temline Counselor
303 North 21a Street
Camp Hill, PA 17011
(717) 763.2345
Fa: (717) 763.1395
ARNOLD 1, RAUM I IN 'I'III? ('011R'I' OF C'UMMON VITAS 01
PLAINTIFF I CUM III:ICI.ANDCOUNTY. PI?NNSYI.VANIA
V.
1 964060 C'IVII. ACTION I.AW
SUXANNE S, ApEL
I IN CUSTODY
DFFIiNDANT
ORDER OF COURT
AND NOW, 'fhUrsdayj May-26, 2006 _ upon eomsidcration olllte attached Cuntploint,
it is hereby directed that parties and their respective counsel appear beldre Down S. Sunday, Esq. the conciliator
at 39 West Main Streets Mechuplcsburg, PA 17055 om Wednesday, June Ula 2006_,_ _... __ at 9.1010 .... AM
for u Pre-Ilearing Custody Conference. Al such conference, an ellurt Will he made to resolve the issues Ili dispute; or
if this cannot be accomplished, to Jelin( and narrow the issues to he heard by the court, and to enter into a temporary
order. All children aac live or older may also be present at the conlereace. Failure to appear at the conference nmty
provide grounds firr entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all esisthty Ihvttectioo from Abuse orders,
Special Relief orders, and Custodv orders to the conciliator 48 hours prior lo scheduled hearing,
FOR Till? COUR'T'.
Ily:.. lsl Daim S,_$undpy, Esq. r'
Custody Conciliator
The Court ml'C'ommmon Pleas ol'Cumhe ImtJ C'uunty is required by IoW to comply with the Americans
with Disabilites Act of 1990. For Inibri nation about accessible I'acililics and reasonable accommodations
available to disabled Individuals having business belbre the court, please contact our ollice. All arrangements
must be made at least 73 hours prior to any hexing or business hdore the court. You must attend the scheduled
conference or hearing,
YOU SI IOULD TAKIi THIS PAPER TO YOUR A'I"fORNEY AT ONCE, IF YOU DO NOT
HAVE AN A'f'1'ORNEY OR CANNOT AFFORD ONE, (io TOOK rri.isTimNF.'na: OFFIC'i: sET
FORTII BELOW TO FIND OUT WHERIi YOU CAN 01' LkiAL I II'.LI',
Cumberland (bunt). Ilar Association
32 South Hedlhnl Street
Carlisle, Pennsylvania 17013
Telephopc 17171249.3160
AI(NOLD J, IIAUM t IN TI IF COUKT OF COMMON PLEAS OF
PLAIN'T'IFF n CUMIIIiRLAND COUNTY, PENNSYLVANIA
V. t 96.4060 CIVIL. ACI'IUN LAIN
SUZANNE S. AI)rL
I IN CUS'T'ODY
DEFFNDAN'f
t
ORDER OF COURT
AND NOW, upon cnnslderaliun nl'tite attached Cumhlalm.
it is hereby directed that parties told their respective counsel appear bel'ure Down S. Sunday, Esq, , the canclliutor,
lit______- _39 West Main Street, -Meehonleshuri{a.PA_17055 on Wednesdsv, June 01,1006____.__„ . at 9.1.00--AM
for a Pre-Ilearing Custody Conference. At such conference, an effort will be made to resolve the Issues in dispute; or
if this cannot he accomplished, la define and narrow the issues to he heard by the court, and to enter into it temporary
order. All children uge live or older nmv also he present at the conference. Failure to appear at the conference may
provide grounds Im envy of a temporary or permanent order,
The court hereby directs the parties to furnish silly and all existing Protection from Abuse orders,
Speclol Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FUR TI-m. COUI(T.
fly: _Isl_.___-_ Drtrvn_S...Smdrty, Esq,._....-Jt? _
Custody Conciliator
The Court ol'C'ommon Pleas ol'Cumherhmd County is required by low to comply with the Americans
with Disabllites Act of 1990. For bnl''omation about accessible facilities mad reasonable accommodations
available to disabled individuals having business bel'ore the court, please contact our office, All arrangements
must be made at least 72 hours prior to nay hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SI IOULD E n t ntis PAPER TO YOUR ATTORNFY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AI'FORD ONE, (;0'1'0 01('1'lil_EPIIONIi'fl IE OFFICE SET
FORTII BELOW TO FIND OUT WHERE YOU CAN OFT LEGAL KELP.
Cumberland County Bar Association
32 South Redford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RECEIVED MAY 2 0 ?Mr
ARNOLD J. HAUM. ; IN THE COURTOF COMMON PLEAS
1'hthttitl%Respundent : CUMBERLAND COUNTY, PENNSYLVANIA
V, :No. 96.4060
SUZANNE S. ABEL. ; CIVIL ACTION - LAW
Del'cndunt/Pctitioncr : IN C'UST'ODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint. It is hereby directed that the
parties and their respective counsel appear belbre Dawn 1. Sunda-, Esquire, Conciliator, utj1j
Akst Main Street. Mechanicsburg. Pennsylvania, on the 1_' day oQUng_, 2005, ut 9:00 u.m., I'or u
Pre-I lcurbtg Custody C'onlcrence. At such conlcrencc, un eflirrt will be nadc lu 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 live or older may also be
present ut the conference. Failure to appear at the conference may provide grounds I'or the entry
off temporary or permanent Order.
I:OIt I'I IF ('011 WI
DA'I'IiU; IIY;
Custody Conciliator
YOU SHOULD TAKE TIIIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEIIIIONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU ('AN GET LEGAL. HELP.
Cumberland Counly Bar Association
2 Liberly Avenue
Carlisle, PA 17013
(717) 249-3166
I A[ 11011 D11VUnl)VlnmlrA4VlenJIiiMOAtima nuJ PvI lof (bnlcllqu "lid 61n) nl. 2ooS
MANIA I'. cocNErn & AKSOCIA,mN
KRINTQI'HF.RT. NMULL, ENQUIRE
Attorney I.U. No. 691,10
210 Ora ndvlew Avenue, Suite 102
Cunnp IIIII, PA 17011
Telephone No, (717) 909-4060
Attorneys l'or Plainlif Ttenpondera
ARNOLD J. BAUM, : IN TIM- COURT OF COMMON PLEAS
Plointill1lespondent : CUMBERLAND COUNTY, PENNSYLVANIA
V. ; NO. 96.4060
SUZANNE S. Alllil., ; CIVIL AC'T'ION - LAW
DeMulunt/Petitioner : IN CUSTODY
ANSWER TO DEFENDANT'S PETITION TO MODIFY CUSTODY
AND COUNTER-PETITION FOR CONTEMPT OF CUSTODY
AND NOW, comes the Plaintiff, Arnold J. Boom, by and through his attorney, Kristopher
'I', Small, Esquire. and with him Maria 1'. Cognetti & Associates, with this Answer and Counter
petition lbr Contempt ol'Custody. ol'vvhich the lullowing is a statement:
I, Admitted. Petitioner, Suzanne S. Abel (hercinutler "Mother"), currently resides at
22 East Street, 06, Mt. I lolly Springs, Cumberland County, Pennsylvania,
2. Admitted, Respondent. Arnold Jay flown (hereinafter "Father), currently resides
at 2319 Herr Street, I larrisburg, Dauphin County, Pennsylvania,
3. Admitted.
4. Admitted.
5. Denied, It is denied that the best Interests ol'the child will be served by granting,
supervised visitation to Father, Mother has kept the child away from Father liar some time
without justification and the resumption ot'visitation per the Order ol'Court dated November 11,
I'I fivnl IlhrclnryNluunbA?DI.nOWp?'Anwe, and 141 Im t'nnlolil'l ?%pd hill) IM, 2000
2001, and make up time for the days missed would be In the child's best Interest,
WHEREFORE, lather respectfully requests shut this Ilonoruble Court deny Mother's
requested relief'.
COUNTER PETITION FOR CONTEMPT OH CUSTODY
G, Father incorporates file above-referenced answers as though they were more fully
set forth herein at length,
7. In or about.luly 2004, an incident occurred between Father and the minor child
wherein Futher was l'orced to discipline the child. Said discipline Included minor corporal
pull ishmnent.
li. Since the date ol'said punishment, daughter has been angry with Pother and has
refused unsupervised visitation.
9. Mother has exacerbated the problem by allowing duughtcr to Jictatc the terms of
her visitation with Father us u way ol'punishing Father.
10. In an attempt to avoid litigation, Pother agreed to attempt counseling with
daughter as u way to resolve daughter's utnger,
It. Father was only able to attend one (1) therapy session with duughtcr due to
daughter's anger, however, daughter was to continue her sessions with the therapist with the
intention of'rcbuegrating Father into the process.
12. Mother had led Father to believe that the counseling sessions were ongoing,
however. Father discovered that daughter hus not attended a counseling session since December
of 2004, A true and correct copy ol'a letter dated April 5, 2005 From Mother's attorney, Gerald
I ?l'llanl DimWryUlaum•NI'IeudIIIRk%A mI%el nnJ I'el 1.11 c"ntengn "lid
Alut 18, I'M
S. Robinson, stating thut the child continues In counseling with Riegler 3hienvold & Associates,
is attached hereto, made part hereof and nmrked ns I?xhibit "A."
13, Mother, on her own, and without consultation with Father, attempted to change
counselors and set up an appointment with daughter, despite the language In the Order dated
November 11, 2001, wherein the parties share legal custody ofthe child,
14. Father was able to Intervene and stop said counseling, however, Mother hnfornted
the child that the canceling of the counseling was Father's fault, whereby Increasing the child's
anger toward Father.
15. Father hus missed substantial anounts of eustody with the child due to Mother's
refusal to rollow the Custody Order and her subsequent lies regarding the daughter's counseling,
16. Father believes and, therefim, avers that Mother, by her conduct, has willfully
failed to abide by this Court's Order, and as such acted in contempt thereof',
17, Father has expended considerable sterns in counsel fees as u result ol'pursuhng this
contempt action against Mother,
WHEREFORE, Father respectfully requests that this I lonorable Court enter an Order as
1,01 lows:
(a) Finding Mother in Contempt of this Court's Order of'Novennber 11, 2001,
(b) Grunting Father counsel fees and costs fir having to pursue contempt
against Mother.
(c) Granting Father make-up time for all the time missed between Father and
daughter.
10.'llenl nlieAUpVluwwMl'IcuJbip?lmNUr wd 11cl N9 Coollcwpl rpd Mu) IN, I N3
(d) Order Mother to resume the child's counseling with Rieglar Shienvold &
Associates,
(c) All other relief that the Court deems equitable and just.
Itespectfully Submitted:
MARIA 11. COGHTTI & ASSOCIATES
C V?
Date: May 18, 2005 liy:
K1141 'TO'11 .R'I', SMULL, ESQUIRE
Attu ney I.D. No. 09140
210 Grandview Avenue, Suite 102
Camp I[ill, PA 17011
'Telephone No. (717) 909-4040
Attorney f'or Plaintiff/Respondent
YERMI ;ATION
1, Arnold J. Baum, hereby verily and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S,A. §4904 relating to
unsworn verification to authorities.
Q ,
Date:
Arnold J. Baum
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April 5, 2005
Marla P. Cognetti, Esquire
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
APR - 7 2005
Re: Suzanne Abel v Arnold J. Baum•No.t 964060
Our File No.; 1988,004
Dear Ms Cognetti:
This is in reply to your letter dated March 21, 2005 regarding the above captioned
custody matter. According to my client, the subject minor child Is in counseling with Riegler
Shienvold and Associates and insists on supervised visits with her Father. I am proposing that
Father's periods of partial custody be resumed based on her counselor's recommendation. In
that regard I propose that we send a joint letter to the counselor requesting a proposal.
Sincerely yours,
ROBINSON & GE:RALDO
By:
Gerald S, Robinson, Esquire
cc: Suzanne Abel
GSR: gsr
Hardebutg Cumberland County
P. 0. Box 6320 4407 North Front Street P0. BOX 64
Harrisburg, PA 171106320 Herdeburg, PA 17110 Carlisle, PA 17013
xw,vrobinson•peraldo.mnn (117( 232.8626 (800) 671.2727
(8001671.2727
Poe (717) 2326008
Washington, D C.
1316 Ponneylvanla Ave., S E,
Washlnpton, D C. 20003
(202)644-2600
Fee (202) 6476342
CERTIFICATE; OF BERVICIr
I, Kristopher T, Smull, Attorney lbr Plahttlli7Respondent herein, do hereby cerlNy shut on
this date I served the foregoing Answer to Dellendont's Petition to Modify Custody and Counter
Petition t'or Contempt ol'Custody by depositing a true and exact copy thereol' ht the United Stales
mail, rirst class, postage prepaid, addressed as Ibllows;
Swann Spencer Abel
22 Bust Street, 110
Mt, Holly Springs. PA 17005
MARIA P. COGNETTI & ASSOCIATES
Date: JI I?I BY:
KRIS OPII 4 ' SMULL, ESQl11RF
Attorney LD, No. 09140
210 Grandview Avenue, Suite 102
Camp I fill. PA 17011
Telephone No. (717) 909-40011
Attorney Im Plainti117Respondent
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a RECEIVED JUN 087005 J0
ARNOLD JAY BAUM
Plaintiff
vs.
SUZANNE SPENCER ABEL
Defendant
IN THE COURT OF COMMON PLEAS Oh
CUMBERLAND COUNTY, PENNSYLVANIA
96.4060
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this /i'' day of 2005, upon
consideration of the attached Custody Conciliation Report, i is ordered and directed as follows;
1, The prior Order of this Court dated November 11, 2001 is temporarily suspended pending
implementation of counseling under this Order and the follow-up custody conciliation conference
scheduled by this Order.
2. The parties shall promptly select a counselor and initiate therapeutic family counseling for
the purpose of re-establishing the relationship between the Father and the Child. The rather shall
provide a list of counselors under his insurance coverage through counsel to the Mother by the end of
the day following the conciliation conference on June I, 2005. The parties agree that the Mother will
use the services of the same counselor if she desires to initiate counseling to address other issues
between the Mother and Child to ensure that the Child is not working with two counselors during the
same time period. The Father agrees to provide any necessary consent which the counselor may
require to engage in counseling with the Mother and Child as well.
3. Pending implementation of the counseling between the Father and Child and the follow-up
conciliation conference, the parties shall have shared legal custody of the Child, the Mother shall have
primary physical custody of the Child, and the Father shall have periods of partial custody as further
provided in the following provision,
4. Beginning on the first Tuesday following the first counseling session for the Father and the
Child, the Father shall have custody of the Child every Tuesday evening from 6,30 p.m. until
8:30 p.m., with an adult relative or friend, with whom the Child is familiar in attendance, The Father
shall notify the Mother in advance of the identity of the accompanying adult. The first Tuesday
evening period of custody shall take place at the paternal grandmother's residence, The parties
acknowledge that it is their goal to expand the Father's periods of custody with the Child to the prior
regular schedule at the Father's residence with no accompanying adult by the end of the Sumner 2005,
However, the panics agree to obtain guidance from the counselor as counseling progresses os to the
appropriate timing for expanding the schedule, eliminating the need for an accompunying adult and the
location for periods of custody,
A
OF rfrC?rr j?oN?rnpy
7,IOO``S JUII 16 qp! IOr 5 y
pi'l b+rSy? l!dpf"ot ?JNt1'
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5, The Mother shall provide all transportution far counseling sessinns and exchanges of custody
pending the follow-up conciliation conference,
6. The parties and their counsel shall attend u follow-up custody conciliation conference on
August IB, 2005 at 9:00 aan, in the of7lce of the conciliator, Dawn S. Sunday for the purpose of
reviewing the ongoing custody arrangemotts,
BY THE COURT,
A. Hess J.
cc: v6jtopher T. Small, Esquire - Counsel for Father
be Pacuska, Esquire - Counsel for Mother
Mgt e.?
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ARNOLD JAY BAUM
Plaintiff
Vs.
SUZANNE SPENCER ABEL
Defendant
Prior Judge: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
t 96.4060 CIVIL AC'T'ION LAW
IN CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 19153-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent Information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Elizabeth Rebekah Abel November 20, 1991 Mother
2. A custody conciliation conference wus held on June I, 2005, with the following individuals
in attendance: The Father, Arnold Jay Baum, with his counsel, Kristopher T'. Small, Esquire, and the
Mother, Suzanne S, Abel, with her counsel, Abbe Pacuska, Esquire,
3. The parties agreed to entry of an Order in the form as attached.
." 3, coos tiLa4..0 w 61%2
Date Dawn S. Sunday, Esquire
Custody Conciliator
',r
RECEIVED AUG 22100'5
ARNOLD JAY BAUM IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUN'T'Y, PENNSYLVANIA
vs. 96.4000 CIVIL. ACTION LAW
;
SUZANNE SPENCER ABEL
Defendant t IN CUSTODY
ORDER OF COURT'
AND NOW, this _ z Y ' day of w , 2005, upon
consideration of the attached Custody Conciliation Report, it Is ordered and directed as follows:
L The prior Order of this Court dated June 15, 2005 is vacated and replaced with this Order.
2. The prior Order of this Court dated November 1 I , 200116 temporarily suspended pending
Implementation of counseling under this Order and the follow-up custody conciliation conference
scheduled by this Order.
3. The parties and the Child shall participate in it course of therapeutic family counseling with
Laurie Walker, L.P„ for the purpose of rc-establishing the relationship between the Father and the
Child. The parties agree that the purpose of the counseling shall be therapeutic only and that no
assessment or custody evaluation shall be obtained unless agreed upon in writing by both parties or
ordered by the Court. 'file parties agree that there shall be no written recommendations or assessments
obtained through the counseling, No custody evaluation shall be considered by the Court unless the
evaluation was obtuincd by the written agreement of the parties or by Court Order. The parties agree
that the Mother will use the services of the same counselor if she desires to initiate counseling to
address other issues between the Mother and Child to ensure that the Child is not working with two
counselors during the sane time period. The Father agrees to provide any necessary consent which the
counselor may require to engage in counseling with the Mother and Child as well.
4. Pending implementation of the therapeutic family counseling and the follow-up conciliation
conference, the parties shall have shared legal custody of the Child, die Mother shall have primary
physical custody of the Child, and the Father shall have periods ofpurtial custody as further provided
in the following provision.
5. Beginning on the first Tuesday following the first counseling session for the Father and the
Child, the Father shall have custody of the Child every Thursday evening from 6:30 p.m. until
9;30 p.m., with an adult relative or friend, with whom the Child is familiar in attendance. The Father
shall notify the Mother in advance of the identity of the accompanying adult. The first Thursday
evening period of custody shall take place at the paternal grandnnother's residence. The parties
acknowledge that it is their goal to expand the Father's periods of custody with the Child to the prior
A
regular schedule at the Father's residence with no accompanying adult by the end of November, 2005.
However, the panics agree to obtain guidance from the counselor us counseling progresses as to the
appropriate timing for expanding the schedule, eliminating the need for an accompanying adult and u
locution for periods of custody, Under this temporary Order pending resumption of the custody
arrangements set forth in the November 11, 2001 Order, the Mother shall provide transportation for the
Child at the beginning of the father's periods of custody and the i-ather shall provide transportation for
rctuen of the Child to the Mother's residence 1iollowing his periods of custody. The requirement in the
preceding paragraph that an adult relative or friend be present during the Father's periods of custody
shall not apply during periods of transportation under this provision.
6. The parties and their counsel shall attend u follow-up custody conciliation conference in the
office of the conciliator, Dawn S, Sunday, on Thursday, November 10, 2005 at 10;00 uum. for the
purpose of reviewing the ongoing custody arrangements following the implementation of counseling,
cc: stopher T, Small, Esquire - Counsel for Father
erald S, Robinson, Esquire - Counsel for Mother
v
a zqo
BY THE COURT,
ARNOLD JAY BAUM
Plaintill'
Vol
SUZANNE SPENCER ABEL
Defendant
Prior Judge, Kevin A, Hess
IN THE COURT Or COMMON PLEAS 017
CUMtSLI(LANU COUN I Y, 1114NNNYLVANIA
96.4060 CIVIL. ACTION LAW
,
t
IN CUS'T'ODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE: WITH CUMBERLAND COUNTY RULE OF CIVII.
PROCEDURE 1915.3.8, the undersigned Custody Conciliulor submits the l'ollowhtg report:
I. The pertinent information concerning the Child who Is the subject of this litigation Is as
follows:
NAME; DA'L'E OF BIRTH CURREN'T'LY IN CUSTODY OF
Elizabeth Rebckah Abel November 20, 1991 Mother
2. A follow-up conciliation conference was held on August 18, 2005, with the following
individuals in attendance: The Father, Arnold Jay Bount, with his counsel, Kristopher T. Small,
Esquire, mid the Mother, Suzanne Spencer Abel, with her counsel, Junic Wassmer and Gerald S.
Robinson, Esquire.
3. The parties agreed to entry of un Order in the font its attached.
l?r-?Qf1s-
Dutc Dawn S. Sunday, Esquire v
Custody Conciliator
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ARNOLD JAY BAUM,
Plaintiff
V.
SUZANNE SPENCER ABEL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW COMES, Petitioner, Suzanne S. Abel, pro se, who avers as
follows:
1. Petitioner is Suzanne Spencer Abel, who resides at 22 East Street, #6, Mt.
Holly Springs, Cumberland County, Pennsylvania.
2. Respondent is Arnold Jay Baum, who resides at 2319 Herr Street,
Harrisburg, Dauphin County, Pennsylvania.
3. The parties have one minor child, Elizabeth Rebekah Abel, born 11/20/1991.
4. On November 11, 2001, the Honorable Judge Kevin Hess entered the present
Custody Order giving Petitioner primary physical custody, with liberal
visitation to Respondent. (See Exhibit A, attached).
5. The best interests and permanent welfare of the child will be served by a
modification of the Court's Order that would grant supervised visitation to
Respondent.
WHEREFORE, Petitioner respectfully requests this Honorable Court to
grant a Modification of the existing Court Order.
Date
Suz4fine Spencer Abel
Pro Se Petitioner
22 East Street, #6
Mt. Holly Springs, PA 17065
(717) 234-2401
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.
Cons. Stat. Ann. §4904 relating to unsworn falsification authorities.
Date Suz ne Spence Abel
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Petition to Modify Custody has
been served via first class U.S. mail to the following party.
Maria Cognetti, Esq., Attorney for Respondent
Maria Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Date Suz a Spencer Abel
Pro Se Petitioner
22 East Street, #6
Mt. Holly Springs, PA 17065
(717) 234-2401
0.
kd?? &
EXHIBIT A
ORDER OF COURT
dated 11 /7/01, with
STIPULATION FOR CUSTODY
j
\WT ME mily"w is Dllcaury? m-AUp atASOp"m Crc Cuz* a,.wpd
ARNOLD J. BAUM,
Plaintiff
V.
SUZANNE S. ABEL,
Defendant
11/X11
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, to wit, this day of p e R 2001, it is hereby
ORDERED AND DECREED that the attached Stipulation for Custody be made an Order
of this Court and said Stipulation is adopted in it entirety and incorporated herein as an
Order of Court.
BY THE COURT:
K in A. Hess, Judge
TRUE Cr)n,,• ")') ,a RECORF.)
In Testimony ,,.i, u Set my hack`
and he seal c
o at arlisla, Pa.
7 .....(Y.._ 6"f ,
\WtshV jjy law\Clirnt D.,ccto T\ um-A\kWftd=Un fipuMe fm CU y,ws.wpd
ARNOLD J. BAUM,
Plaintiff
V.
SUZANNE S. ABEL,
Defendant
M5101
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
STIPULATION FOR CUSTODY
s? ,,p?
AND NOW, this ,3L _ day of /-? 1 JL?7 OLLJ1- 2001, Plaintiff, Arnold J.
Baum (hereinafter referred to as "Father"), and Defendant, Suzanne S. Abel (hereinafter
referred to as "Mother"), having the best interest of their minor child, Elizabeth R. Abel,
born November 20, 1991, in mind, do hereby agree and stipulate as follows:
The parties agree and acknowledge that it is in the best interest and welfare
of the minor child that they have shared legal custody. The parties' agreement to shared
legal custody is in consideration of the following:
a. Both parties recognize that each of them need to be fully involved in
all aspects of their child's welfare and happiness;
b. Both parents desire that neither parent should ever be relegated to the
status of "visiting" or "weekend parent";
C. Both parents agree that their child presently perceives both parents as
a source of love and security and wishes to continue both relationships;
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d. Both parents agree that they possess the ability to communicate and
cooperate with each other in promoting their child's best interest;
e. Both parents are agreeable to a shared custody arrangement under
certain terms and conditions;
£ Both parents will attempt by ail possible means to foster their child's
relationship with the other parent. Both parents realize and appreciate that it is critical for
their child's healthy development that she feel good about and loving toward both parents
and that both parents play a major role in helping to achieve this goal;
g. Both parents shall fully share information including oral and written
reports, regarding their child concerning all aspects of her life, including, inter alia
information concerning schooling and education, health, religion, summer activities and
friends. Both parents shall take part in all decisions concerning the child; and both
parents agree to cooperate to the fullest possible extent in their child's upbringing to the
end that her relationship with both parents shall be as harmonious as possible. Plaintiff
and Defendant shall confer concerning their best efforts to agree upon the selection of
schools and colleges and any summer activities in which the child may engage.
2. The parties shall share physical custody of the minor child in accordance
with the following schedule:
a. Beginning on October 26, 2001, Father shall have three of every four
weekends beginning at 4:00 p.m. on Friday and ending on Sunday at 7:30 p.m. Said
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weekends shall be consecutive. If Friday is a school holiday then, in that event, Father
shall have custody beginning on Thursday at 4:00 p.m. If Monday is a school holiday
then, in that event, Father shall have custody until Monday at 7:30 p.m.
Father shall likewise have custody every Tuesday evening during the
school year, from approximately 4:00 p.m. (but no later than 4:30 p.m.) through 7:30 p.m.
C. Beginning on the second Sunday following the close of school,
primary custody of the minor child shall revert to Father. However, during the week prior
to Father's assumption of summer custody he shall forego his Tuesday evening visit.
d. During the summer months, Mother shall have custody on alternate
weekends beginning Friday at 4:00 p.m. through Sunday at 8:00 p.m.
e. Mother shall have custody Tuesday evenings from 4:00 p.m. through
8:00 P.M.
f. Mother shall also have custody for one additional uninterrupted
week during the summer. Mother must provide Father with at least thirty (30) days
written notice of the week she plans to utilize. For the purposes of this Paragraph a week
shall be defined as Sunday at 8:00 p.m. through Sunday at 8:00 p.m.
g. During the summer months, Father shall be entitled to three (3) non-
consecutive one week periods of uninterrupted custody. For the purposes of this
Paragraph a week shall be defined as Sunday at 8:00 p.m. through Sunday at 8:00 p.m.
Said weeks shall include Father's regularly scheduled weekends. Father must provide
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Mother with at least thirty (30) days written notice of the weeks in which he plans to take
vacation. During these weeks Mother would not be entitled to her Tuesday night
visitation.
The child must be returned to the primary custody of Mother on the
second Sunday before the start of the school year. During the week prior to the
resumption of school Father shall forego his Tuesday visit.
The child shall spend Mother's Day with Mother and Father's Day
with Father. The holiday shall be defined as beginning at 8:00 p.m. on the evening before
the holiday and ending at 8:00 p.m. the day of the holiday.
The Thanksgiving holiday shall be alternated between the parties
each year. The holiday shall be defined as beginning at 8:00 p.m. on the Wednesday the
day before the holiday and ending at 7:30 p.m. on the Monday after the holiday. Father
shall have the holiday in even numbered years and Mother shall have the holiday in odd
numbered years.
k. The Passover holiday shall be shared between the parties. The
parties shall share the holiday from sundown to sundown. Father shall get the first 24
hours of Seder and Mother shall get the second 24 hours of Seder.
With regard to the child's Easter/spring break, Father shall be entitled
to any portion of that break which does not conflict with the Passover holiday schedule.
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M. Rosh Hashanah shall be shared between the parties. The parties shall
share the holiday from sundown to sundown. Father shall get the first 24 hours of the
holiday and Mother shall get the second 24 hours of the holiday.
n. With regard to Yom Kippur the parties shall alternate the holiday
from year to year. 'The holiday shall run from sundown to sundown. Mother shall have
the holiday in even numbered years and Father shall have the holiday in odd numbered
years.
o. With regard to Hanukkah the parties shall equally share the eight (8)
days of Hanukkah. Father shall be entitled to select which four (4) days he will have
custody, which must coincide with his weekend time.
P. For the Christmas holiday Mother shall be entitled to custody from
the close of school through 10:30 p.m. on Christmas eve. Beginning on December 24 at
10:30 p.m. Father shall be entitled to any portion of the child's Christmas break which
does not conflict with Hanukkah, but in any event shall end on 7:30 p.m. on the evening
before the start of school.
Mother shall be responsible for all transportation.
4. Reasonable telephone privileges with the child shall be afforded to the non-
custodial parent at all times.
Father agrees that Mother may relocate with the child to the Carlisle Area
School District. Mother agrees not to move from the Carlisle Area School District
-5-
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without the prior written consent of Father or until a full hearing before the Court and
further Order of Court. Father agrees that he will not move without prior written
notification to Mother. If Father moves more than 5 miles from his current residence
he shall obtain the prior consent of Mother, which consent shall not be unreasonably
MW
withheld. However, should Father move more than 5 miles from his current residence all
transportation shall be borne equally by the parties.
Should either party fail to facilitate custodial exchanges at the appropriate
time, the party negatively effected shall be entitled to make-up time.
The parties further agree that this Stipulation shall be entered as an Order of
Court and as such shall have the same full force and effect as if this matter had been tried
and decided.
8. This Stipulation and Order of Court shall supersede any existing custody
arrangements between the parties.
9. This Stipulation and Order of Court shall continue in full force and effect
until further Order of Court and/or amended agreement in writing between the parties.
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10. The parties hereby waive their right to present this Stipulation in open Court
or to have their case heard by the Court at this time.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
Witness
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Witness
Arnold J. Baum ;
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S e S. Abel
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ARNOLD JAY BAUM IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 96-4060 CIVIL ACTION LAW
SUZANNE SPENCER ABEL
IN CUSTODY
DEFENDANT
ORDER OF COURT
ND NOW, Wednesday, May 04, 2005 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburp?PA 17055 on Wednesday, June 01, 2005 _ at 9_00 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 rounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ _ Dawn S. Sunday, Esq._____
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
Disabilites Act of 1990. For inforniation about accessible facilities and reasonable accommodations
able to disabled individuals having business before the court, please contact our office. All arrangements
be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
;rence or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA E AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FO TH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
bC :ZI lddl S- I,11"f; SuGZ
I:\Client Directory\Baum-A\Pleadings\Answer and Pet for Contempt.wpd
MARIA P. COGNETTI & ASSOCIATES
KRISTOPHER T. SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiff/Respondent
ARNOLD J. BAUM, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent
V.
SUZANNE S. ABEL,
Defendant/Petitioner
May 19, 2005
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4060
CIVIL ACTION - LAW
IN CUSTODY
ANSWER TO DEFENDANT'S PETITION TO MODIFY CUSTODY
AND COUNTER-PETITION FOR CONTEMPT OF CUSTODY
AND NOW, comes the Plaintiff, Arnold J. Baum, by and through his attorney, Kristopher
T. Smull, Esquire, and with him Maria P. Cognetti & Associates, with this Answer and Counter
Petition for Contempt of Custody, of which the following is a statement:
Admitted, Petitioner, Suzanne S. Abel (hereinafter "Mother"), currently resides at
22 East Street, #6, Mt. Holly Springs, Cumberland County, Pennsylvania.
Admitted, Respondent, Arnold Jay Baum (hereinafter "Father), currently resides
at 2319 Herr Street, Harrisburg, Dauphin County, Pennsylvania.
3. Admitted.
4. Admitted.
5. Denied. It is denied that the best interests of the child will be served by granting
supervised visitation to Father. Mother has kept the child away from Father for some time
without justification and the resumption of visitation per the Order of Court dated November 11,
I:\Client Directory\Banm-A\Pleadings\Answer and Pet for Contemptwpd May 18, 2005
2001, and make up time for the days missed would be in the child's best interest.
WHEREFORE, Father respectfully requests that this Honorable Court deny Mother's
requested relief.
COUNTER PETITION FOR CONTEMPT OF CUSTODY
6. Father incorporates the above-referenced answers as though they were more fully
set forth herein at length.
In or about July 2004, an incident occurred between Father and the minor child
wherein Father was forced to discipline the child. Said discipline included minor corporal
punishment.
8. Since the date of said punishment, daughter has been angry with Father and has
refused unsupervised visitation.
9. Mother has exacerbated the problem by allowing daughter to dictate the terms of
her visitation with Father as a way of punishing Father.
10. In an attempt to avoid litigation, Father agreed to attempt counseling with
daughter as a way to resolve daughter's anger.
11. Father was only able to attend one (1) therapy session with daughter due to
daughter's anger, however, daughter was to continue her sessions with the therapist with the
intention of reintegrating Father into the process.
12. Mother had led Father to believe that the counseling sessions were ongoing,
however, Father discovered that daughter has not attended a counseling session since December
of 2004. A true and correct copy of a letter dated April 5, 2005 from Mother's attorney, Gerald
I Ttient Directory\Baum-A\Pleadings\Answer and Pet for Contempt.wpd
May 18, 2005
S. Robinson, stating that the child continues in counseling with Riegler Shienvold & Associates,
is attached hereto, made part hereof and marked as Exhibit "A."
13. Mother, on her own, and without consultation with Father, attempted to change
counselors and set up an appointment with daughter, despite the language in the Order dated
November 11, 2001, wherein the parties share legal custody of the child.
14. Father was able to intervene and stop said counseling, however, Mother informed
the child that the canceling of the counseling was Father's fault, whereby increasing the child's
anger toward Father.
15. Father has missed substantial amounts of custody with the child due to Mother's
refusal to follow the Custody Order and her subsequent lies regarding the daughter's counseling.
16. Father believes and, therefore, avers that Mother, by her conduct, has willfully
failed to abide by this Court's Order, and as such acted in contempt thereof.
17. Father has expended considerable sums in counsel fees as a result of pursuing this
contempt action against Mother.
WHEREFORE, Father respectfully requests that this Honorable Court enter an Order as
follows:
(a) Finding Mother in Contempt of this Court's Order of November 11, 2001.
(b) Granting Father counsel fees and costs for having to pursue contempt
against Mother.
(c) Granting Father make-up time for all the time missed between Father and
daughter.
I:Tfient DirectoryVBaum-AVPleadings\Aoswer and Pet for Contempt.wpd May 18, 2005
(d) Order Mother to resume the child's counseling with Riegler Shienvold &
Associates.
(e) All other relief that the Court deems equitable and just.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: May 18, 2005 By:
IRI;13CR T. SMULL, ESQUIRE
I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff/Respondent
VERIFICATION
I, Arnold J. Baum, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unworn verification to authorities.
Date:
!!! 111 Arnold J. Baum
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APR. - 7 2J05
April 5, 2005
Maria P. Cognetti, Esquire
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Re: Suzanne Abel v Arnold J. Baum-No.: 96-4060
Our File No.: 1988.004
Dear Ms Cognetti:
This is in reply to your letter dated March 21, 2005 regarding the above-captioned
custody matter. According to my client, the subject minor child is in counseling with Riegler
Shienvold and Associates and insists on supervised visits with her Father. I am proposing that
Father's periods of partial custody be resumed based on her counselor's recommendation. In
that regard I propose that we send a joint letter to the counselor requesting a proposal.
Sincerely yours,
ROBINSON & GERALDO
Y
Gerald S. Robinson, Esquire
cc: Suzanne Abel
GSR: gsr
Harrisburg Cumberland County
P. 0. Box 5320 4407 North Front Street P.O. BOX 54
Harrisburg, PA 17110.5320 Harrisburg, PA 17110 Carlisle, PA 17013
w ..robinson-geraldo.com (717) 232-8525 (800) 571-2727
(800) 571-2727
Fax (717) 232-5098
Washington, D.C.
1316 Pennsylvania Ave., S.E.
Washington, D.C. 20003
(202) 544-2889
Fax (202) 547-8342
CERTIFICATE OF SERVICE
I, Kristopher T. Smull, Attorney for Plaintiff/Respondent herein, do hereby certify that on
this date I served the foregoing Answer to Defendant's Petition to Modify Custody and Counter
Petition for Contempt of Custody by depositing a true and exact copy thereof in the United States
mail, first class, postage prepaid, addressed as follows:
Suzanne Spencer Abel
22 East Street, #6
Mt. Holly Springs, PA 17065
MARIA P. COGNETTI & ASSOCIATES
Date: By:
KRIS O .
PH SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff/Respondent
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ARNOLD JAY BAUM,
Plaintiff
V.
SUZANNE SPENCER ABEL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ANSWER TO PLAINTIFF'S COUNTER-PETITION FOR
CONTEMPT OF CUSTODY
AND NOW COMES, Petitioner, Suzanne S. Abel, pro se, who avers as
follows:
6. No response required.
7. Admitted that sometime in July 2, 2004, Father demanded to know
when Daughter would come to live with him, and when Daughter replied "never",
Father lost his temper and pushed minor child, knocking her off balance and
causing her to strike her head against her dresser. Father then slapped Daughter
for being defiant. Denied that Father's assault retaliating for Daughter's refusal to
agree to live with him constituted "minor corporal punishment."
8. Admitted that Daughter has refused unsupervised visitation since
Father's assault. Strictly denied that Daughter's anger and fear of father did not
pre-date Father's the July 2004 assault incident. By way of further response,
Mother was able to independently verify Daughter's ongoing assertions that, over
the past couple of years, Father has engaged in three parallel courses of conduct
that have caused embarrassment, humiliation, fear, and anger in Daughter, to wit:
1) Father has continuously insisted that Daughter live with him so he would not
have to pay child support and so he could get child support from Mother by
repeatedly instructing Daughter that when she turns 13, she can decide with whom
she wants to live, and by demanding that Daughter exercise that "right;" 2) Father
has continuously made disparaging comments to Daughter about Mother's life style,
morals, and values, concluding that Daughter behaves "just like her mother" when
she refuses to agree to live with him and/or promise to exercise her "right" to live
with him, and 3) Father has repeatedly fixated on Daughter's female development
by accounting for her underwear, inappropriately commenting on and ridiculing her
physical characteristics, and touching her bra in the presence of others. It is
specifically noted that Daughter's refusal to accept ongoing unsupervised visitation
coincided with Daughter's menses and her justifiable fear that Father would further
ridicule this physical development.
9. Denied. Strict proof demanded. By way of further response, it is
specifically denied that Mother has exacerbated the stressed relationship between
Father and Daughter. It is further denied that Mother has allowed Daughter to
dictate the terms of visitation to punish Father. To the contrary, Mother has made
every possible effort to facilitate the re-establishment of a Father-Daughter
relationship. Specifically, Mother has deferred to Father's unilateral choice of
counselor, and to that counselor's recommendation for supervised visitation.
10. Admitted. By way of further response, Father's participation in
counseling has been inconsistent, insincere, and disingenuous. Specifically, Father
has repeatedly refused to comply with his counselor's recommendation for
supervised visitation and has twice refused to attend his family's gatherings once he
learned Daughter would be in attendance. Mother has ensured that Daughter
complied with all of Father's counselor's recommendations.
11. Denied. Strict proof demanded. By way of further response, Mother has
no knowledge of Father's counselor's strategy for the Father-Daughter counseling
beyond the ultimate goal of re-establishing a relationship between them.
12. Denied. Strict proof demanded. Mother and Father have had no
communication regarding the counseling sessions with Father after Father provided
the name of the counselor he unilaterally selected. By way of further response,
Mother discussed the lack of progress in the process with Father's counselor. After
Father angrily told Daughter he no longer wanted her to be a part of his life at a
family gathering at his parent's home in late December 2004 or early January 2005,
Mother agreed with Father's counselor that to continue the instant counseling
would be fruitless and unnecessarily stressful for Daughter unless and until Father
began to comply with his counselor's recommendations. Admitted that Mother
failed to take Daughter to the final, closure session with counselor scheduled for
January 2005. Mother notes that her attorney's letter dated April 5, 2005, is
materially incorrect, and she did not see that letter until served with the instant
pleading.
13. Denied. Strict proof demanded. By way of further response, upon the
referral of Daughter's teachers in February 2005, Daughter's school counselor
conducted an initial assessment and referred her for a more complete evaluation
with Holy Spirit Hospital's TeenLine. (see attached Exhibit A). TeenLine's
evaluation recommended counseling for Mother and Daughter to address stressors
in their relationship. (See Attached Exhibit B). Pursuant to that recommendation,
Mother set up an appointment for them with a counselor in Carlisle. Since the
recommended counseling was solely for the purpose of addressing the Mother-
Daughter relationship, Mother did not violate the shared legal custody language of
the Order.
14. Admitted. Father's and Father's attorney's direct threats to the Carlisle
counselor of legal action have prevented Daughter, and Mother, from receiving the
recommended counseling. At no time did either Father or Father's attorney contact
Mother to ascertain the reason for the recommended counseling.
15. Denied. Strict proof demanded. Father has missed custody time with
Daughter due to his courses of conduct outlined in ¶¶ 8 and 10 above, most
specifically due to his refusal to comply with the supervised visitation recommended
by his counselor and his voluntary absence from his family's activities that included
Daughter.
16. Denied. Strict proof demanded. By way of further response, Father, by
his ongoing course of conduct outlined in ¶¶ 8 and 10 above, has failed to comply
with IT l.c., l.d., and l.f. of the existing Order.
17. Denied. Strict proof demanded. By way of further response, Mother has
expended considerable sums in counsel fees and costs as a result of complying with
the existing Order, encouraging Father's compliance with the existing Order, and in
defending Father's malicious Petition for Contempt filed in retaliation for Mother's
filing a Petition for Modification in the face of Father's refusal to comply with his
counselor's recommendations for supervised visitation
WHEREFORE, Petitioner respectfully requests this Honorable Court to
deny Plaintiffs Petition for Contempt, to Grant Defendant's Modification of the
existing Court Order to include an Order for resumption of Father-Daughter
counseling with a mutually agreed upon counselor, an Order for supervised
visitation with Father pending further recommendation by the agreed upon
counselor, an Order for commencing Mother-Daughter counseling in compliance
with the TeenLine recommendation, and an award to Mother of all counsel fees and
costs incurred since July 2004 for attempting to enforce the existing Order, and for
having to defend Plaintiffs Petition for Contempt.
Date
Respectfully submitted,
t.l10
.SSuzoSkne Spencbr Abel
Pro Se Petitioner
22 East Street, #6
Mt. Holly Springs, PA 17065
(717) 234-2401
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 1S Pa.
Cons. Stat. Ann. §4904 relating to unsworn falsification authorities.
Date Suz ne Spencer Abel
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EXHIBIT A
Letter from Daughter's Guidance Counselor
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A
May 5, 2005
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CARLISLE AREA SCHOOL DISTRICT
623 W. Penn Street
Carlisle, Pennsylvania 17013
Telephone: 717-240-6800
Mary Kay Durham, Superintendent
To Whom It May Concern:
Elizabeth Abel (DOB 11-20.91) was referred to the Student Assistance Team at
Lamberton Middle School on January 26, 2005, by a teacher who had received
distressing writings from her. A follow up consultation with the school counselor
resulted in a phonc call to her mother requesting permission for an evaluation through the
Student Assistance Program. The assessment was conducted by a specialist from
Teenline and recommendations made to Ms. Suzanne Abel, Elizabeth's mother.
Sincerely, Q4
et'ptauev ?11 6 v
Cynthia Sutton
Counselor
Lamberton Middle School
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EXHIBIT B
Letter from Holy Spirit Hospital's TeenLine
MAY - Ub- H,Jb FRI I],I: ?! PM
May 6, 2005
LLNLINL FAX No. I11-16U-KT
TEENLINE
A SERVICE OF HOLYO SPIRIT HOSPITAL
Suzame Abel
22 East St.
Mt. Holly Springs, PA 17065
Dear lairs. Abel,
This letter is a follow up to our conversation on March 7, 2005. I work for Teenline at
Holy Spirit Hospital and I am -the mental health liaison for Lamberton Middle School's
Student Assistance Team. At the team's request, I provided Elizabeth with a mental
health assessment. After meeting with Elizabeth on two different occasions, it is my
recommendation that she would greatly benefit from entering into outpatient counseling.
Ideally, this would include individual and co joint sessions with you. Although Elizabeth
is a very bright and gifted young lady, I have concerns that without this counseling, her
emotional well-being would be significantly compromised. It is my hope that in working
with a therapist, Elizabeth will be able to productively address the issues that she is
currently struggling with, and m turn, this would allow her to fully and freely express her
many positive qualities and talents.
Sincerely,
Tonya Hoffman MS
Teenline Counselor
503 North 21st Street
Camp Hill, PA 17011
(717) 763.2345
Fax(717)763,2385 _
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ARNOLD J. BAUM IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
SUZANNE S. ABEL
DEFENDANT
96-4060 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, _ Thursday, May 26, 2005 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 01, 2005 at 9:00 AM
for a Piz-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: lsl Dawn S. Sunday, Esq.
__ -
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RECEIVED JUN 0 8 200?
ARNOLD JAY BAUM IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 96-4060 CIVIL ACTION LAW
SUZANNE SPENCER ABEL
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this /f' day of 1 u , 2005, upon
consideration of the attached Custody Conciliation Report, i is ordered and directed as follows:
1. The prior Order of this Court dated November 11, 2001 is temporarily suspended pending
implementation of counseling under this Order and the follow-up custody conciliation conference
scheduled by this Order.
2. The parties shall promptly select a counselor and initiate therapeutic family counseling for
the purpose of re-establishing the relationship between the Father and the Child. The Father shall
provide a list of counselors under his insurance coverage through counsel to the Mother by the end of
the day following the conciliation conference on June 1, 2005. The parties agree that the Mother will
use the services of the same counselor if she desires to initiate counseling to address other issues
between the Mother and Child to ensure that the Child is not working with two counselors during the
same time period. The Father agrees to provide any necessary consent which the counselor may
require to engage in counseling with the Mother and Child as well.
3. Pending implementation of the counseling between the Father and Child and the follow-up
conciliation conference, the parties shall have shared legal custody of the Child, the Mother shall have
primary physical custody of the Child, and the Father shall have periods of partial custody as further
provided in the following provision.
4. Beginning on the first Tuesday following the first counseling session for the Father and the
Child, the Father shall have custody of the Child every Tuesday evening from 6:30 p.m. until
8:30 p.m., with an adult relative or friend, with whom the Child is familiar in attendance. The Father
shall notify the Mother in advance of the identity of the accompanying adult. The first Tuesday
evening period of custody shall take place at the paternal grandmother's residence. The parties
acknowledge that it is their goal to expand the Father's periods of custody with the Child to the prior
regular schedule at the Father's residence with no accompanying adult by the end of the Summer 2005.
However, the parties agree to obtain guidance from the counselor as counseling progresses as to the
appropriate timing for expanding the schedule, eliminating the need for an accompanying adult and the
location for periods of custody.
FILED-OR ICE
OF THE R)OTHONOTARY
2005 JE6%! 15 Asi (D: 57
i.?L . 111 It, Y i I
5. The Mother shall provide all transportation for counseling sessions and exchanges of custody
pending the follow-up conciliation conference.
6. The parties and their counsel shall attend a follow-up custody conciliation conference on
August 18, 2005 at 9:00 a.m. in the office of the conciliator, Dawn S. Sunday for the purpose of
reviewing the ongoing custody arrangements.
BY THE COURT,
cc: vristopher T. Smull, Esquire - Counsel for Father
?A<be Pacuska, Esquire - Counsel for Mother
OtI
16
ARNOLD JAY BAUM
Plaintiff
vs.
SUZANNE SPENCER ABEL
Defendant
Prior Judge: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-4060 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 Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Elizabeth Rebekah Abel November 20, 1991 Mother
2. A custody conciliation conference was held on June 1, 2005, with the following individuals
in attendance: The Father, Arnold Jay Baum, with his counsel, Kristopher T. Smull, Esquire, and the
Mother, Suzanne S. Abel, with her counsel, Abbe Pacuska, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
elu.,.e , aloos c
Date Dawn S. Sunday, Esquire
Custody Conciliator
,4ECEIVED AUG 2212
ARNOLD JAY BAUM IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 96-4060 CIVIL ACTION LAW
SUZANNE SPENCER ABEL
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this zr' day of 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated June 15, 2005 is vacated and replaced with this Order.
2. The prior Order of this Court dated November 11, 2001 is temporarily suspended pending
implementation of counseling under this Order and the follow-up custody conciliation conference
scheduled by this Order.
3. The parties and the Child shall participate in a course of therapeutic family counseling with
Laurie Walker, L.P., for the purpose of re-establishing the relationship between the Father and the
Child. The parties agree that the purpose of the counseling shall be therapeutic only and that no
assessment or custody evaluation shall be obtained unless agreed upon in writing by both parties or
ordered by the Court. The parties agree that there shall be no written recommendations or assessments
obtained through the counseling. No custody evaluation shall be considered by the Court unless the
evaluation was obtained by the written agreement of the parties or by Court Order. The parties agree
that the Mother will use the services of the same counselor if she desires to initiate counseling to
address other issues between the Mother and Child to ensure that the Child is not working with two
counselors during the same time period. The Father agrees to provide any necessary consent which the
counselor may require to engage in counseling with the Mother and Child as well.
4. Pending implementation of the therapeutic family counseling and the follow-up conciliation
conference, the parties shall have shared legal custody of the Child, the Mother shall have primary
physical custody of the Child, and the Father shall have periods of partial custody as further provided
in the following provision.
5. Beginning on the first Tuesday following the first counseling session for the Father and the
Child, the Father shall have custody of the Child every Thursday evening from 6:30 p.m. until
9:30 p.m., with an adult relative or friend, with whom the Child is familiar in attendance. The Father
shall notify the Mother in advance of the identity of the accompanying adult. The first Thursday
evening period of custody shall take place at the paternal grandmother's residence. The parties
acknowledge that it is their goal to expand the Father's periods of custody with the Child to the prior
{
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ARNOLD JAY BAUM
Plaintiff
VS.
SUZANNE SPENCER ABEL
Defendant
Prior Judge: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
96-4060 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 Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Elizabeth Rebekah Abel November 20, 1991
Mother
2. A follow-up conciliation conference was held on August 18, 2005, with the following
individuals in attendance: The Father, Arnold Jay Baum, with his counsel, Kristopher T. Smull,
Esquire, and the Mother, Suzanne Spencer Abel, with her counsel, Jamie Wassmer and Gerald S.
Robinson, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
regular schedule at the Father's residence with no accompanying adult by the end of November, 2005.
However, the parties agree to obtain guidance from the counselor as counseling progresses as to the
appropriate timing for expanding the schedule, eliminating the need for an accompanying adult and a
location for periods of custody. Under this temporary Order pending resumption of the custody
arrangements set forth in the November 11, 2001 Order, the Mother shall provide transportation for the
Child at the beginning of the Father's periods of custody and the Father shall provide transportation for
return of the Child to the Mother's residence following his periods of custody. The requirement in the
preceding paragraph that an adult relative or friend be present during the Father's periods of custody
shall not apply during periods of transportation under this provision.
6. The parties and their counsel shall attend a follow-up custody conciliation conference in the
office of the conciliator, Dawn S. Sunday, on Thursday, November 10, 2005 at 10:00 a.m. for the
purpose of reviewing the ongoing custody arrangements following the implementation of counseling.
cc: stopher T. Smull, Esquire - Counsel for Father
erald S. Robinson, Esquire - Counsel for Mother
v
og-zLI05
BY THE COURT,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM
Plaintiff
Vs.
SUZANNE S. ABEL
Defendant
: No. 96-4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
STIPULATION FOR CUSTODY
AND NOW, this C2 34, day of January, 2008, Plaintiff, Arnold J. Baum (hereinafter
referred to as "Father"), and Defendant, Suzanne S. Abel (hereinafter referred to as "Mother"),
having the best interest of their minor child, Elizabeth R. Abel, born November 20,1991, in mind,
do hereby agree and stipulate as follows:
1. The parties agree and acknowledge that it is in the best interest and welfare of the minor
child that they have shared legal custody. The parties' agreement to shared legal custody
is in consideration of the following:
a. Both parties recognize that each of them need to be fully involved in all aspects of
their child's welfare and happiness;
b. Both parents desire that neither parent should ever be relegated to the status of
"visiting" or "weekend parent";
C. Both parents agree that their child presently perceives both parents as a source of
love and security and wishes to continue both relationships;
d. Both parents agree that they possess the ability to communicate and cooperate
with each other in promoting their child's best interest;
e. Both parents will attempt by all possible means to foster their child's relationship
with the other parent. Both parents realize and appreciate that it is critical for
their child's healthy development that she feel good about and loving toward
both parents and that both parents play a major role in helping to achieve this
goal;
2.
3.
4.
5.
6.
7.
8.
f. Both parents shall fully share information including oral and written reports,
regarding their child concerning all aspects of her life, including, inter alia,
information concerning schooling and education, health, religion, summer
activities and friends. Both parents shall take part in all decisions concerning the
child; and both parents agree to cooperate to the fullest possible extent in their
child's upbringing to the end that her relationship with both parents shall be as
harmonious as possible. Father and Mother shall confer concerning their best
efforts to agree upon the selection of schools and colleges and any summer
activities in which the child may engage.
The parties shall share physical custody of the minor child with Father enjoying primary
physical custody and Mother enjoying alternating weekends.
The parties agree that this Stipulation is subject to verbal modification as agreed to by
the parties.
The parties agree that transportation will be mutually resolved.
The parties agree that the minor child will continue to receive counseling services.
The parties agree that this Stipulation shall supersede any existing custody
arrangements between the parties.
The parties further agree that this Stipulation shall be entered with an Order of Court.
This Stipulation shall continue in full force and effect until further Order of Court.
IN WITNESS WHEREOF, the parties hereunto set their hands and seal.
Witness
Date Arnold J. Baum
r
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Witne Date " 0- ' I Suzanne S. Abel
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` :17
w?j (^-
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ARNOLD J. BAUM
Plaintiff
Vs.
SUZANNE S. ABEL
Defendant
No. 96-4060 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
JAN 24 M?*-
AND NOW, this 2-1 " day of January, 2008, upon consideration of the attached
Stipulation for Custody, it is hereby ordered as follows:
The Order of Court entered August 24, 2005, is hereby vacated.
The Stipulation for Custody attached hereto is hereby adopted and entered by Order of
this Court.
As evidenced by the attached Stipulation for Custody, the parties share legal custody
of the minor child. Therefore, it is hereby Ordered and Directed that the school district of the
minor child's attendance, to wit, Central Dauphin School District, shall directly provide to both
parties any and all information, materials and documents relating to their minor child, and
further, that the school district shall provide Mother with internet access to Child's information
as it becomes available through the district. Mother shall provide the district with current
contact information to effectuate timely receipt of such information.
This Order shall remain in effect until otherwise Ordered.
BY THE COURT:
Xc: XAmoldj. Baum, prose
?Suzanne Spencer Abel, pro se
G0? &.9-S ryrat Cf-c(-
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A8VIONOHiOUd M 40
30('90-131b