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HomeMy WebLinkAbout96-06302 i f? rA I 1 I 1 I it r 1 r I 1 1 1 jJ I ?.r 1 1 1 i I 7 I I r 1 r ? Ali I I .. 1 I 1 4?1 i.r 11% ..Y 1 I u_ I r o- I 1 ,i r III: I, I " 'Phd YI lir 1 A?t} 1 I? 1 r: JUN U 4 7004 JON C. III-361IFY6 hlnhmtlli' RAC'IIPa, It, C'AI.ANIAN, uerendmtt IN'1'IIP: c'Olllt'1't?FC'ONINION I'I,EAS OF CUNIIIIAWAND COLIN'I'Y, PENN'SYI,YANIA CIYII. ACTION • I,AN NO, 1990.6302 IN CUSTODY coult'I' c?Itp4;R AND NOW, this 7 .. day or itme, 2004, n beorbtg Is scheduled In file above ruse In Courtroom No, 1 ht the Comberhuul comity Cou•fbonse ou the 10"' ally or,iune, 211114 at 9100 11.111, I, At this bearing, lie mother shall proceed btllially with leslinumy, Counsel For the parties shall lile with the Court and opposing Counsel it ntrnunrnmhm? setlh?g forth the history of Custody In tills Case, file Issues cu•reully hel'ore the Court, a list of wilntesses who will lestil' at the bearing and the ,illoil ry of the anticipated teslimu?y or each tvIoless, 2. Counsel shall also Ille v?ilh the court u copy ol'the Custody evubmllon completed by Dr. Shlenvold. In the event Dr, Shleuvold Is ovullable Col. the to"', he may tesllry. However, the Court will review Dr, Shlenvold's relf,rrt it, advance or the hearing lit all effort to expedhe the proceedings. BY TI1E COURTt Cet Muria P. Cognettf, Esquire Curol J. Lindsay, Esquire ,Judge Edgar II, Ilayley`,Fr. , JJ ? ?? ? ? ? „ ? t,.? ? .?f 1r Cr ?, i . ? ? ? ??, ICI J 1?'? I 1 I JON C, IIkRhI1P:Y, 11111111111 1 RA('l1I{I. It, CAI.ANIAN, hel'endanl Prior.lodgei Filgar11,i4ayley,Jr, t IN'rnr:CYIURTOFCONINION101,FASO t CUNIIIFIWAND COUNTY. PENNSYLVANIA t t CIVIL ACTION .. LA%S t t NO. 1994.01112 t IN Cllti'I'1?Ill' CONCILIATION CON'hERFINCP; SUMMARY RETORT IN AC(''ORDANCE, WI'T'll TIII•: CUNIRI•;RLAN'h COUNTY CIVIL RULI? OF PROCED11Itle, 1915,3-11(b), tie undersigned Cunl,uly Conciliator subttdls tile l'ollossillit relxn'tt 1. The perdlient iil'urnnitinn pertniiiig di Ike children %tio ore the subject of Ibis Illigation Is as I'ollosssl 'T'yler .I, Ilershey, born Jullllt I'y 2, 1992, Emily 6, Ilernie), bortl May 9, 1994, and tiara It, Ilernhey, barn NTay 9, 1994 2. A Concllidhm Conl'ercnce svgs held on .Mule 4, 2004, with the followiig kldividmds Ili aftell do lice; The mother, Rachel It. ('ahunan, %0111 her counsel Corot .I. Lindsay, Esquire, wad the father Jon C. Ilershey, silk his counsel. Nbtl'ki 11. Cogneld. I?squi'e. 3. This Is the (Wild time tic cane lilts been bef'or'e Ike Custody Concillalor. The hest time tic parties agreed to have alt ewdua(lon pet'I'oi'ttied. Dr, Arnold 5hieuvold has completed that evnItnah tl. hr summary. (lie evalualion recommends tint tic parties share custody during (We summer mon(Ws and cautlnue siih tie exisliig Order during tic school year. The exisibig (Eder gives Codicil ollermalhig weekends aid one or two eveniigs it %+cek. 4. As a compromise, father Is Mlliig di accept hr, 5hienvoid's recommendadon. Although mother is ol'I'eriig it little more little Ili the summer. mother is not prepared to do u strict 50-50 summer little custodial arrangement. Oil that basis, lather may retain tic right to seek primly custody hi tie event tic parties arc forced to go through 11 heari(g. E, The cuncllluWr suggests tlmt the Court needs primarily to evuluute whut should huppen this son Is scheduled on June Iq, 204 mod the Conclliumr us uttuched, to ud?h•ess the INNUQ ut u hearing inter. Along those Imes, to heurh?g recommends m? Order Ito the Conn It??bert X, Gilroy, I? Custody col?cllltltor APP 7 7 /1111:1 JON C. III-34NIII-Al 1'i11I11111T RACIIFI, It, CAI,ANIAN, Durelldlllll IN'I'IR: c't?URT t?F CONINif?N 10I,FAN OF CUNIIII-MI•AND COUNTY, PRNNNYIA'ANIA CIYII, ACTION . I.AW NO, 90 - 0.1112 CIN'11. IN CUSTOM COI 110, 01111111"It AND NOW, fills d11y of April. 111413, opoll consideration of file gill11ched Coslody Collcllln111111 Itelntrl, )Ids cowl's prlor order of .111nuury 10, 211411 011111 renmhl III effeel snliject U? file following nutdlltcatioom 1. The parlles 011111 suhollt Iheolsehes and file mbuu chlkb•en In it custody evuhntllon fit be performed h? Dr, Arnold T. Sbiemold. Costs of file ernlrallon shall he nh11red egralh bclweca file parties. 'I'bis shall Ile gill Ilulependenl esalualioo 111111 Dr. 5hiemold shall Ihtse file ahllin In shirr with both parties and their anorae, %s till resells oi' file esgilurllou. Upon the corcluslaa of the esahouion wad ht the eum dIv parties are untible Io reach gill agreement at 11111 particular IImC, counsel I'or Clther parly may coolacl file concillufor dh•ecth to schedule Iuraher cuslod) Concflhrinn rnnferencC. 2. The patties shall also snhntit fhcalsehes to an brlependent comisclor stho will work sshh the mother and father %%kh respect at ronununlrnllnn skills 111111 other pareothtg Issues Ihal Ina'N need to he addressed. Legal counsel I'or the pa'lles skill agree ty11m it Counselor who %%III perform [ills work. Mill the costs to he shored by file ptirlles Iffier appropriate htsurance deduCUolm 3. Will) respect to h(didll.Ns. the following temporal.) bolidtiy order shall be entered: A. The parties shall alternate Cuslody on nm,or holidu? s to htc•Inde New f'ear's pay, Easter. 1lenun•iai pay, ,lull d"'. Labor Day, and Thanksghing. 'I'lie threll•ame shall he frool'h1141 a.at. giant 511141 pall, Father shall have Paster 2(141.1 will) the part'.CS uhcrnalhlg thereafter, The holidgiy schedule shall supersede lite alternalhtg wrckend schedule or toy other schedule as set forth h, the court order, BY 'I'IIE LOUR' evi veurol J, Modsoy, Estpilre ?Alurlu P, coollolll, I xgnlre ?Kg o? ?2y •o.? y 1 • I ?? i `? GUI?I;.r .. , i,iY {'I:P?I;? i wVl?A?iA . `w. 1 t ,ION C, Illathi laini{ff t t t v t t ItA('lll•:1. IL (Il lin In N ? t IN -fill.' c't?l it'I' (11 CONIN1(?N I'I.P:As OI' ('l Mlll?ItLANI) ('Ot!N'fl', I'P:NNSVI,N'ANIA ('IN111. ACC ION • LAW No, 411-11002 CIVIL IN CUSTIMN' prior Judger (icyn•ge I{. Ilol)'er tl,'UK'f C'QNCILIA'I'I(IN C'ONI 1;3u,;NC'I•: st.NINiAR I I IN ACCogI)ANCI J•K(1?)IIIhclwtdarslgrN1J111 a to lv) Concillotor snbmhs Ilte?fnllowh?g 1'I2()CI? )uIt4, 1915. r'elxn•I c The (x'ri{nent 11lornutll,n? perurhtlrtg lit the children who tu•e the nubJect of this 1, { is follutw 2. 3. 4, 5. INIgaIVun n r Tyler .1, Iicrnhey horn .Iruunu> 2. 1192t VIIIly (1. Ilcrshe), horn Niuy 9, 1494( lipid tiuro N.Ilcrnhey, born N1uy 4, 19941 (lort Conference wos held on April 17, 2(N)3, wiltt the roilowing hulN0dualn A ConcVlh+ In attendwtcet 'rite Nloter tJn n C t Ilersl>«Irrwith hisic ?notsrei.rNlorla I',rC pletlih i,st ulre. h'et and Ilse he 1 atl , ul on on will licsltsltoll llrrnc?rcilrt+lhlur r tudting h u orr uuernetudy nts cvu rolrc 01111 lb I?ene counsel fort`the,pur and 6ul evalnutlon. With 't'here Iscth fu' villelun, VtIII heltconcllfalrrryI. cnrnrnendedrtlmIld0s Ile ohermil?ed III sides nttne V le accord c scheduthe le Ileti'elctos set Corti, 111 1lleatlnn lbN' <<nn l 'order order If R liearb?g Is temporary chrduled. rder ht the I'01111 its auucbed. The concillator rcconunends the entry of an o ,+ 4 DA'1'H. ?J 1lthett !(. GVlroy, I.:squlrc Custody ConcUiator JAN 1 4 IM3 `J JON C, III-AMI ;V, 1'hnbllflT RAC'llisl. It. CAI,AMAN, Defendaml IN T114. COURT OF CONIMON PLEAS OF CUNIRV LAND COUNTY, PI-.NNSYLVANIA CIVIL ACTION - LAW NO, 94-43112 CIVIL IN CUSTODY COURT C)RM."It AND NOW, fills ?_110 day of .Ianuar•y, 2()(1.1, updm Considerallom of Ille allacbed Custody ComCllbtioof Report. It Is ordered and (Howled That flit, prior cuslody orders coffered In Ibis case are vuculed and replaced l%lll? the follnwhlµ CuSlfl(y order( 1. The Mother, Rachel It. Cuhuofuro, uofd the Father, .Ion C. Ilershey, sl?all elojoy shared legot Custody of 'I) Ice .loll I lershey, horn ,1lunudly 2, 19921 Wally Golf Ilershcy, born May 9, 1994; mad tiara Rehdtiea Ilershey, born May 9, 1994, 2. Mother shall enjoy primary physical ruslndy of the mb?or Children wilh Father el?Joyu)g perlods ol'tCamporary physical Custody ms follows; A. On ollernwhlg %swekends frool Frhluy mall Mondry morning, with the Father picking the Children up offer school flit Friday allerplooll alld deliveru)g then) to School or to Mother, as appropriate, on Monday ?llormhlg. R, Srbsedluent to Mother's weekend, lather shall have Custody with the minor children oil Monday and Toesdoy evening from after school 11111{1 111;)(1 p.m. C, Prior to Mother's weekend, lather shall have cusimy of the minor Child eo on Wednesday told 'I'hrrsday esenhlg From offer school umil 8100 p.m. 3, The Christmas holiday shall Ile Noodled Moll Iwo segnlcols, Segment A being from December 24"' at No o until December 25"' at Noon, flood Segment 11 behlg front December 25"' ant Nam until December 2411 at Nam, In recognition that ul 11)(12 Fulhcr enjoyed Segment A with file Mother clijoyh)g Segment If, the p irties shall akernole the schedule I'or VHM mod thereafter. d. 'Phis Order Is an order enlered I?aseil lgnn? an aureenlent of the puliles. Legal connw) Ior the parlles 6hall conducl 11 lelepholte conrerence ?vllh the c?nlrllh?Inr on Friday, March 7. VMM III HOW u,m, h? Ihls coorerence. the Isslles In he discussed 6111111 he whether Ihis order Is worl?B?u from the pel'nl??wlive of each parry, AddhigIIIIIIy, hl file event the pIII-11BS IU•e sallslied whh the Amend arrnnllemenl colder 11116 order, file c1111('111a101• will work Nllh 111e pm-Iles b? March for pal-IN?ses of scheIhllh?u 11 more devilled Sommer scllelhde and ludhhl? 6chedule, P:hher p11rq resent's the rluhl oil conflicl file eollclllalol' In advance for the schedulb?u ul' if court hearhlu III lite even dial porly feels the cu6lody arroogelovill Gel I'orlh above Is IunNpruprlale, cet Muria 10, Cognelll, Esquire Robert L, 0111rien, Empil re L? , El JON C, III-;R 111l'o t IN' IO: COURTOF CONINION PLEAS O PlnMlllff t CUNIIIkItI.ANI? COUNTY. IIENNhVLVANIA t v t CIVIL ACTION - LAW t RACIIEL It, CALANIAN, t Ntl, 94- 0111 CIVIL DefolliIIIIII IN CUSTODY Prior,lndget (owl-Re El' Holfer CONCILIATION CONFERENCI? SUNINIAKY REPORT IN ACCORDANCE, WITH 'I'IIP: CLINIII6:RI.ANl1 COUN'I'V CIVIL RUIX OF PROCEDURE, 191513.811??, the undersigned Custody Conelliulor Nubndls the followblK I'BINII'1 t 1. The concllh1lor met wilh the parl{es Ilnd Iheh' counsel III?d the ponies ngived 111Nm the enh'y of un order III the form Iln Illlnched, IYA1'l1 I uberl X, Gilroy, Custody colICIIIIIII NOV27/11117N JON C. IIF3181IFY, pluinlllT RACI11?1. It, CALANIAN, formerly RACIIF1 It, IIP:Ithlll?1', Derendloll IN'I'IR: ('011RT of CONINJON IOLEAM of CUNIIII-AWAND COUNTV, I'I•:NNSV1,VAN1A CIVIL ACTION . LAW NO. 90-6302 CIVIL IN CUSTODY CoUltT oltl)I'A AND NOW, this dry of V&X4 - , 211112, ?qHm conslderullun of the allached Custody e'u?cl alloll Report, Ills ordered a rollowm 1, This Court's rec•cnt order of November 20, 2(11)2 Is vocaled, 2, This Court's prlor order of Fchrunry 7, 1997 Is relohloled, 3, 11111.81111111 a? file slallis clan belwee)l Ille parties 111111 11118 existed, file Father shall Condone 11) have custody or the ndnor children oil weclcends pending father order of Ihls courl subject, howeser, to Willer bavtog custody or file children file weekend of November 30, 2002 u? Dmember 1, 2(11)2, a, l'ather's custody for Tho?dcsgNb?g this year shall be from 3100 pall. oil '1'hu?ksgiviog Day 1111111 100) 11,11). the l'ollo)vMg alorablg. 6. The parfies and their cooosel Shall n?eef with the custody concillafor on Friday, December 20, 21X12 at 81301),11), lit''ria' Cout? `trcnrgc - --- cet Robert L. o'Bric11, EN(pil •e J Maria 11, Cognelll, I?p e 7 (I c.;?(1.13,i] RV n I).-o?--J'.'? I¦ JON (',III?ItNlll{1', I'b?h?IIIT RACIIP;I, It, CALANIAN, rnrmerly RACHEL It, III-AtNIIEV, Ilefcnd??n1 I'rinr,Indget (ia??'ke E. MATer t IN ' IR: COURT O C(IAINION pI,P;AN O t ('11NIII RI ANTI COUNTY. I'D;NNNYLVANIA t t CIVIL ACTION • LAW t t NU, 94-113112 CIVIL t t IN CUSTODY C(>NCIWATION CONYI-'1R 'N(,:I; SUNINIARV IWI)ORT IN ACCORDANCE', WITH TIIP: CUMBERLAND COUNTY CIVIL RULE Oh I'I OCE1DUltl? 1918,3.8(1)1, the ??n(ferslgned Custody CnnClllmmn' Nubnllts the rulluwblg I'e18??'l t 3. The concllhuor Coulucled 11 lelephone cunrerence Cull 00) legal Counsel ro?' the parties, tinned ultim Ihnl coll. the Conclllu(or rcwonmends an order lit the rorm as ??Ihlched, /oL4 DATE, Hubert X, GII y, F.Nquh'e C?ISlody Cm Ilulor No IH711111 ?' JON C, IIh:1611 N. t IN'I 11V c'011I4'f OFCONINION PLEAS CIF PhlIl11llr I ClIN1111-:It1.,ANII COI! TY,111-.NNS1 LYANIA t I CIVIL ACTION - LAW c RAC1143. It, CALAAIAN, for11uvI> I NO, 94.43112 CIVIL RACIII.I. It, 114;RSIICY0 I Dere)111an1 I IN (TSTODY c oult'I' Oltl?I?It AND NOW. this day of November. 21912, upoll considerallon or tilt, amiched Custody ColICIIIf11IU11 Report. It Is ordered and dIl•ecled 111111 Ihls court's prior order of Febroary 7, 1997 Is vuculed hosol'ur as It rebaes to custody 111111 rephiced Md) file Collowilig c11slndv nrdert 1. The Mother. I411010 It, ('111111111111, 11nd file Father, ,11)11 e', Hershey shall enjoy shored legal c11sfod) of"I'.ICr don Ilershey, born ,Ianul11y 2, 1'9121 E11111) (;lilt Ilershv?. horn 11al? 9, 19941 and Sura Rebecca Hershey, horn M11y 9. 1994, 2. Mohler shall enjoy prbmu•? physical C11swd? ssilh Father enjo)hlg periods of lengoor11r) physlcal custol? 1)a olleraulhlg %weiuvuls Il•on1 Friday 11100) p.m. until Sunda) 111801 p.m. 3. 111 light of file 1'acl that Ihcre are if ounbw' or other Issues film M110111er wants to adlh•ess svhh respect to the custody Iurmlgemenl and the fuel Illm Father dill not oppear of the custody Concllh111oo Cot11'erellce, n sectold Cuslolly ronclliafloo conference Is scheduled Air Friday. December 13, 21912 al 9:311 11.11). AI file second custody conclllalion conference, the parfies shall nllentpt Io work naI lilt arrangeoleol %%Ilh respect to 11 pernnnumt order on other issues, F111her shall not he prejudkced Pros) raising troy posilion ssllh respect to Ills Clain I'o• Custody 111 [Ills case al the second caslady conelllutloo Conference Ill light of file Poet 111111 file Father s+11s no[ al IIle first custody conclliafioo Conference. Ilmuser, In file even) Father does not appeal, 1)l file second co111'erence. the C1111011111 m. is aufhorlied to proceed ssilh e111erIl)g it recolnnuroded order bused 01101 1lolher's requests, 4, G?u?tsel rmr the Mother In dlrcwled b? serve o copy or thls Order n?I the Father by cerlllled moll, return welpl requesled. eel 00,I1ul?ert L, O'Rrlen, I?sgmhre .4,101) C, Hershey 40A Sloe Hose Itmud Carlisle, PA 171113 I1Y ydir , cou VW- - i/-av-oa JON C, III:IWIFY, Nlubllfff RACIIIa, It. CALANIAN, lormurly RACIIIY. It, IIEMS111-3. Derundanl Prior .linger Gmi-ge I:, 11offer IN THE COURTOl C'ONIMON PLEAS OF CUNiIII-ALANl1 COUNTY, I'IsNNSYLVANIA CIVIL ACTION - LAW NO, 96-0412 CIVIL IN CUSTODY CONCILIATION CONFERENCE, SUMMARY REPORT IN ACCORDANCE, WITII 7711? CUM114:RLAND COUNTY CIVIL RULE OF PROCEDURE I')IS,.1-HII??, the undersigned Cuslody Conclllator sahn?IIN lite following report t 1. The perthuvll Iffo?•nnuGm pertabnhng to the children nho are the suh,je'cl of 1biN Ihigatloo Is as follimst Tyler Jon Ilershey, born.hmuory 2. I'M2t I?ndly Gun Ilershey, horn May 9. 19941 lord tiara 110twcn Ilershey, burn Nluy 9, IM, 2. A Concllinlion Conference was held on November 14. 2W2. wIh the rollowhng 11111 Id111dN In uuunduncet The Mather, Rachel It. Cahunan, with her counsel, Robert I., O'Brien, EMqufre, The lather did not auemL There was no certlllcate of service, but Allorney O'Brien Indicated it copy of the Order scheduihng the custody concilb?tion conference was sent to the lalhcr by the Prothommir). Also, Moller mod that she believed lather was aware or the Ncheduled custody coumation conference, 31 (lased upon the above, the conclllmor twommends the entry of no order It the form as atturhed. 1) IT IlubelY X. G{Iro , Esquire Cuslody Cone afar JON C. HERSHEY ; IN THE COURT OF COMMON PLEAS Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 96.6302 CUSTODY RACHEL R. HERSHEY Defendant NO, 1219 SUPPORT 1996 AND NOW, this day of February, 1997, upon consideration of the attached Stipulated Custody and Support Agreement, IT IS HEREBY ORDERED AND DECREED that the terms of said Agreement shall be Incorporated and adopted as an Order of Court. JON C, HERSHEY Plaintiff V. RACHEL R. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 96.6302 CUSTODY NO, 1219 SUPPORT 1996 ITIPULATED CUSTODY AND SUPPyRT AGREEMENT AND NOW, this of February, 1997, the parties having attended a recent child support hearing, and having canceled an upcoming Conciliation Conference before Hubert X, Gilroy, Esquire, and having further reached agreement with regard to the best Interests of the subject minor children, Tyler Jon Hershey, born January 2, 1992, Emily Goa Hershey, born May 9, 1994, and Sara Rebecca Hershey, born May 9, 1994, (hereinafter Children) the parties have entered Into the following STIPULATED CUSTODY AND SUPPORT AGREEMENT; WHEREAS, the parties are presently separated and living In separate residences, and WHEREAS, the parties to this action acknowledge their respective roles in the ongoing development of the subject Children; and WHEREAS, the parties are desirous of entering Into an agreement setting forth their custodial rights and responsibilities; and WHEREAS, the parties are desirous of entering Into an agreement setting forth their support obligations, ?; ??, ~ ? ? r '? t , fit` ', ?', ?', ` ?: °' .? i ?? fl:'.',' -: ?i' ,5C?1 ?.t? ? ?ti ? U NOW, THEREFORE, In consideration of the Children's best interests and the mutual covenants, promises and agreements as hereinafter set forth, the parties hereto, each intending to be legally bound hereby, do stipulate and agree as follows: a. The parties shell have joint legal custody, as each party $hall consult with the other relative to all Important decisions concerning the Children, such nnollors as heallh, education, and religion, 2. Rachel R, Hershey maintain primary physical custody of the Children regardless of the number of hours of visitation provided to Jon C. Hershey. 3. Jon C. Hershey shall be entitled to periods of physical custody, for purposes of visitation, as the parties mutually agree, which at a minimum shall Include: a. During the weeks when Jon C. Hershey works the "front end" of the week while on night shift, the following visitation schedule shall constitute the minimum visitation: (1) Fridays, 6:00 p.nn. until Sundays at 8:30 p.m.; and (2 Mondays and Tuesdays from 4 00 p.m. until 6:30 p.m. b. During the weeks when Jon C. Hershey works the "back end" of the week while on night shift, the following visitation schedule shall constitute the minimum visitation: (1) Mondays, 6:00 p.m, until Wednesdays at 8:30 p.m.; and (2) Thursdays, Fridays and Saturdays from 4:00 p.m. until 8:30 p.m. C. During the weeks when Jon C. Hershey works the "front end" of the week while on day shift, the following visitation schedule shell constitute the minimum visitation: (1) Wednesdays, 8:30 p.m. until Fridays at noon; and (2 Sundays, Mondays and Tuesdays, from 6:30 p,m. until 8:00 a.m. the following day. d. During the weeks when Jon C. Hershey walks the "back end" of file week while on day shift, the following vialfatlon schedule shall constitute the minimum visitation: (1 Sunda ys, 8:15 p.m. until Mondays at noon; and (2 wednay, Thursdays and Fridays from 8:30 p.nn. until 6:00 a,m. the following day. 4. Each party shall have up to four (A) non-consecutive weeks of visitation during the calendar year. Said weeks shall begin on o stated day and time and shall end the following week on the same day and time. 5. Each party shall give the other forty-five (45) days advanced notice of their Intention to utilize their rights to under section A of this AgreLm9nt. 6, In addition to the preceding visitation schedule, the parties have agreed to provide visitation during holidays as provided herein: a. The holidays listed below shall be divided Into two segments. In even number years, Mother shall have Segment "A" and Father shall have Segment "B." In odd number years, Father shall have Segment "A" and Mother shall have Segment "B." Visitation on these holidays shall be from 8:00 a.m. until 8:00 p,m. or as otherwise agreed upon by the parties due to their work schedules. b, Holidays subject to this subsection of this Agreement which constitute Segment "A" shall Include Veteran's Day and Labor Day. C. Holidays subject to this subsection of this Agreement which constitute Segment "B" shall Include Halloween, Memorial Day and the Fourth of July. 7. The remaining holidays shall be apportioned as provided herein: a. Thanksgiving shall be broken into two segments. Mother shall have custody of the Children on Thanksgiving Day until 3:00 p.m. Father will have custody of the Children on Thanksgiving Day from 3:00 p.m, until the next day at a mutually convenient time. 10 b. Mother shall have Christmas Day In even numbered years, and Father shall have Christmas Day in odd numbered years, and this shell be from 8:00 A M. until 0:001' M. c. Caster shall be broken Into two segments. In odd numbered years, Mother shell have custody of the Children from 0:00 a.m. until noon, and Father shall have custody of the Children from noon until 6:00 p.m, In even numbered years, rather shall have custody of the Children from 9:00 a.m, until noon, and Mother shall have custody of (lie Children from noon until 640 p nn d. Irrespective to the foregoing, Father's Day shall be with rather, and Mother's Day shall be with Mother, and this visitation shall be from 8:00 AN until 800 P.M. or as otherwise agreed upon by the pailies due to their work schedules. 8. The holiday schedule shall take precedence over all other regularly scheduled visitation. 9, Father Is required to provide Mother with Four Hundred Dollar ($400.00), which shell constitute Father's full and complete payment of child support up to, and Including December 30, 1906. Mother's signature on this document acknowledges the receipt of the sum set forth in this section. 10. Father shall be further required to remit Three Hundred and Twenty Five Dollars ($326.00) per month to Cumberland County's Domestic Relations Office as child support for the parties' three children. 11. Upon providing recoipls for clothing for the Children and day care expenses, Father agrees to pay for one half of those expenses, In the event the parties shall utilize "In home" day care at his residence, Father will pay his required one half of child care costs In addition to all taxes Imposed for "in home" day care. 12. The parties will keep each other advised immediately In the event of serious illness or medical emergency concerning the Children and shall further lake any necessary steps to ensure that the health and well being of the Children are protected. During such Illness or medical emergency, both parties shell have the right to visit the Children as often as he or she desires consistent with the proper medical care of the Children, 13. Neither parent shell do anything which may estrange the Children from the other party, or Inure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love or affection for the other party, 14, Any modification or waiver of any of the provisions of this Agreement shall be effective only 'f made in writing and only If executed with the sanne formality as this Stipulation and Agreement. 15. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Corm„on Pleas of Cumberland County does, In fact have jurisdiction over the Issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 16. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 17, The pnrpes acknowledge flint they have read and understand the provisions of this Agreement. Each party acknowledges flint the Agreement Is fair and equllablo and that it is not the result of oily duress or undue influence. IN TESTIMONY WHEREOF, witness the signature of the parties hereto and witness for and this _y day of Jnnuery 1 .? star usso, Esquau Caro . _ n ay, Esqur D - cf-2- - Jcn C Hershey - H adiel R. ersey h t „ , I JON C. I11? 181111Y, ;IN TIIV COURT OF COMMON NLI?AS Plufnt111' :CUMBERLAND C'OUNT'Y, IIVNNSYLVANIA V. ;C IVII. ACTION • I.AW RACHEL It, CAl_AMAN, Dulendatt ;NO, 94.4302 CIVIL. ;IN CUSTODY ORDER OF COUlu: AND NOW, to wh, this ........ day 2004, aller u hearing In the ubove-referenced nutter, it is hereby ORDERED AND DECRUD that the prior Custody Orders entered in this case are vacated and replaced with the following Custody Order, I, Rachel It. Culaman (hcrcinnller referred to as "Mother'), and Jon C. Iiershey (hereinafter rcfcrrcd to as "Father"), shall share leval custody of" I'vler Jun I lershcy, born January 2, 1992, Emily Gaa I lershey, born May 9, 1994, and Sands Rebecca I Icrshey, bom May 9, 1994 (hercinuller collectively referred to as (lie "Children") Mother and Pother shall share and participate in all major nun-cmergewy declaions effecting the Children's health, education, religion and general well-being. u. Access to Inlnt-nyy; Mother and Father shall be entitled to access to any and all infornnaton regarding the health, education, religion, and general well-being of the Children. Father and Mother shall he entitled to communicate with and receive information and documents from any persons or entities having such infornmution and/or documents. 11, hwjI-- MAa)LIU, AMU; Non-major decisions hrvolving file Children's day-to-day living shall be made by the parent then having custody, hill to tine cxtcnl possible, Mother and Ivnher shall attennpl to make such rules and lollow such schedules its would provide the Children Willi colllhtuity regardless of the then existing custodial parent, C. Lmer"JNY l: w- bj111e: Lmergency decisions regarding the Children shall he made by the parenl thol having physical custody, but that parent shall conmmunicule to the non-custodial parent the nature and extent of the emergency and shall provide that non-cuswdhd parent Willi till hnfortmilion pertaining to the ucatment so than the non-custodhd parent may be involved in file decision making process at the curliest possible time, if, 1111,0rnnutiom Fululmw: Mother and lather shall provide the nun-custodial parent with Inlirrntalion concerning the well-being the Children including, but not limited to, the Children's report curds, school meeting notices, vacation schedules, class programs, requests for conferences, results of diagnostic testing, nunices of activities, order forms for school pictures, communications from health care providers and the like within live days of receiving such hnRamatimn. 2. Mother shall have primary physical custody of the Children, 3. Father shall have partial physical custody ofthe Children as follows; u. School Year: I. Cuntlnuing ou the current schedule, Ihd11er 8111111 have partial physical custody of Il)c Children on ahernmhng weekeud8 Irom Friday unlll Monday nwr111118, will) Willie. picking the Children up alter school oil Friday and delivering them to school or to Mather, as appropriate, on Manley morning. 11, On the weeks preceding I'allher'6 weekend periods of custody, Father shall have partial physical custody of the Children from Monday at 2:45pm Ihruugh Tuesday tit 8:001)111, iii, On the weekends lbilowing father's a11e7u?hng weekend periods ol'cuetody, futile' shall have parthd physical custody of the Children from Wednesday tit 2:451)m through Thursday at 8:00pm. b, Sumner: Beginning with the Friday innncdhuely I'ollowblg the cad of the school year and couthnuing on the current schedule, the Mother and father shall share physical custody of the Children on an ulte ating week basis with custody exchanges to take place on Friday's at 4100pnt. 4. Holidays: u. Beginning in 2004 mad each even year thereafter: L Father shall have custody of the Children on New Year's Day, Memorial Day and Labor Day from 9:00am through 8:0013m, iL Mother shall have custody of the Children on Lester, Fourth of July and'1'hutksgivin Isom 9:00am lo g:00pnt. b. Beginning In 2005 and each odd year therealler: 1. Mulher shall have custody of the Children on New Year's Day, Memorial Day and Labor pay from 9:00un through g:OUpm. Ii father shall have custody of the Children on Bailer, fourth ol'July and Thanksgiving Isom 9:00am through 8:00pm, c, Christmas. Mother and father shall have custody of lltc Children for the Chrimmas holiday as follows; 1. 13eghmhtg in 2004 and each even year thercallcr father shall have custody of the Children front 12:00 noon on December 24"' through 12:00 noon on December 25"'. Mother shall have custody of the Children Crum 12:00 noon on December 25"' through 12:00 noon on December 20"'. II Beginning in 2005 and each odd year thercaflcr Mother shall have custody of the Childreu from 12:00 noon on December 24"' through 12:00 noon on December 25"' father shall have custody of the Children from 12:00 noon on December 25"' through 12:00 noon on December 26"' d, Mother's Day al it Faillsl_,Da . Mother shall have custody ofthe Children on Mother's Day Irons 9MOam Through Ilt0opm, Luther shall hove custody of the Childro on Luther's Day IYom 9t00um through &OOpm, 5, !j 'kaonc Couhact. The noncustodhd parent shall be allbrded reasonable tcleplnotte contact with the Children while they are with the custodial parent. The custodial parent shall see that the Children call the noncustodial pau'cot within 24 hours of the receipt of any I.Itone messages reyuesthng a return call. G, Mother and father agree to work logether to ensure the hest interests of their Children. Mother and father agree to at all times encourage the Children to comply with the lcmts of this Custody Order as it refines to the periods of custody to be spent with the other party, While in the presence ofthe children, neither parents will undenal<e, or pennit any other person to remark or do anything that can in ally way be cousu•ued as derogatory or uncomplimentary to the other and it shall be the duty of ouch parent to uphold the other parent as one to whom the Children should respect and love, BY T[IE COURT, J. N 1 I I IICIII I)ill kill] ) IILI,11V 'I IIII,,, 11411L "Ilk I'IOIIIIIIre VIr•I1141 AILIIII-I'll I IWII-I) IICgI IIIM ui,-l MARIA h, ('06NETTI x ANNOC1ATE.1i MARIA P, COGNh:TTI, ESQ11110'Allulllo I.D. No 17914 210 (iruablcw Alclllle, Suac 1112 ('01111)11111, PA 1701 I Lalcphone No. (717) 909.111011 Allmaillvs I'm plnlllllll Illm 1,11014 JON C. I II:RSI II:,Y. IN TI11 COUR'T' 017 COMMON PLEAS Phlintill' ; CUMBERLAND COUNTY, PENNSYLVANIA NO, 90r0302 CIVIL. RACIIEI_ It, C'AI_AMAN, Pk/a RACHEL It, HERSHEY, Del'cmhun CIVIL. AC'T'ION • LAW IN CUSTODY 1'I M I''ti l)Itl?=1'1t1A1, ?1?111c)ItANI)IIA.I I c)I C ti,l'nl)Y III:AJ;j Vj G AND NOW conics Jun C. I lershey, PlulntilThelcin, by alld through his anorney, Martel P. C.'ogneld, Esquire, 111111 files the following Plaintiffs Pre-Trial Memorandum for Custody IICarl Itg, pursuant Io the directive I) I' I Iubcrt X. (ifh•oy, lisyuire, Custody Cone iIinto rI Phtintifl'is Jun C. I Icrshcy (hcrefnnller reterrcd to as " Fnthcr") who currently resides ut 40A Old Stolle (louse Ruud, Carlisle, CLImberlund County, Pennsylvania, Del'cndant is Rachel R, Culaman (herchnafler referred to its "Mother"), who currently resides tit 109 Shirley L atic, Boiling Springs, Cumberhntd County, Pennsylvania. Father and Mother are file parents ol'three (3) minor children, nanncly 'T'yler J, Hershey, bom January 2, 1992; Emily G. Hershey, born May 9, 1993; land, Sara It. I Icrshcy, burn May 9, 1994, r 1 I aril lion lnl) llrr,hr? I mu, dlm."m Plumul?l Pol. Viol Abut Lo I umbel) Ihuunp upJ lone 7. IUq{ IL ?'ItoC'I?I.)uI?J?J1J?7:?liY Om November 15, 1990, Father Illed fill. legal and primary physical custody of the parties' children. By Order ol'Court Lhted November 21, 1994, 1he pill llcs were ordered to mend it I're- I ICarl Itg Custody CbIII'VIetnee (CQIICIIIAd nl CIAIICI'rllt'e) with Ilubert X. Gihoy, Esquire, an January 17, 1997. "'ate parties canceled the Conciliation C'onlcrence and Instead, on February 7, 1997, entered Into It Sllpulated Cusu7dy and Support Agreement (Custody sflpullllioll), The Custody SIIpululion was Incorporated and uduplcd by Order olToItII rated February 19, 1997, On November 14, 2402, another Conciliation C'onlcrcnce was held by Conciliator Ciihny. Father did not have notice ofthis Conference and, therefore, was taut III attendance. Based upon the Report ol'Ihe Custody Conciliator, the Court entered an Order dated November 20, 2002, grunting the parties shared legal custody and Mother primary physical custody. The Order granted Father tcalwray physical custody on alternating weekends lino Friday at 0:00 p.m. until Sunday at 8:00 p.m. On November 24, 2002, I:ather Illed it Petition to Modify Existing Custody Order requesting that he he grunted shared legal and p.inaary physical custody orthe parties' children, Counsel for the parties held it telephone cor lcrence cull with Conciliator Gilroy and, based upon his recommendation, the Court issued an Order dated December 2, 2002, which vacated the November 20, 2002 Order of Court and reinstated the February 7, 1997 Order ol'C'ourt, This Order also granted Father custody orthe childtcn on weekends, pursuant to the status quo between the parties and ordered that the parties nncet with Conciliator Gilroy again on December 20, 2002. By Order dated January 16, 2003, the Court vacated the prior custody orders and granted I L heal Ilunbn? 11011ryJ nu„dlunwu, 1'Iui,11111,0 VI, 11101 Alrnnl Iw I U"od) I1,J1,111 Npd NU 'I, sm.] Mother primary physical cuswdy ol•Ihe children unit Father Icmporwy physical custody on allenluling weekends, Additionally, following Mother's weekend, Father was grunted custody of the children on Mondays and Tuesdays from tiller school until 8,00 p,m. Also, prior to Mother's weekend, Father was grunted custody on Wednesdays and Thursda}s lmi n tiller school until 8:00 pan, The Court also ordered the parties to attend another Cuswdy Conciliation Conference will) Conciliator C;ih•oy on March 7, 2003. The Court Issued an Order dated April 24, 2003, that kept the January 16, 2003 Order in enbet and modllied it by requh•ing the parties to suhmit ki a custody evaluation with Dr, Arnold 'I', Shienvold and co-parenting counseling with a mutually agreeable independent counselor, This Order also esutblished a holiday schedule for the custody of the children. The panes cooperated with 11% Shienvold and, on February 2, 2004, he prepared a report of the findings of his custody evuluutlon. Following receipt of Dr. Shienvold's report, lie parties were unable to agree as to u suntnncr schedule Ior custody and therefore, asked for another Custody Conciliation with Conciliator Gilroy. The parties appcm•ed bclore Conciliator Gilroy Oil June 4, 2004 and, unable to reach an agreement, requested this I Icorbng, 111, CURI?kN'I' Cl1S'I?l' SCI Ila7l1l.1i Mother has primary physical custody ol•the parties' minor children. Father has temporary physlcul custody arse children on alternating weekends from Friday aril Monday morning, with Father picking the children up utter school on Friday allernoon and delivering than to school or to Mother, us upprapriate, on Monday morning. Subsequent to Mother's weekend, Father has custody with the minor children on Mondays and Tuesdays Irons alter school until I i hrul IIU.,6u) Ilcl,"p I nlu, 11911- 11110 Vllllnllll'n I'll -11101 W111111.11 1 whna) Ilrmnl0 Npd how I, NOW 810 11111, Friur to Mother's weekend, Father has cusludy unlit nninur children on Wednesdays mud Thumbigls Our school until ti;tltl pun, The purlles alternnte custody on nwjor huNdays to Include New Yenr's Day, Easter, Memorial Day, July d'", Labor Day, and Thanksgiving, The little fraune for the holidays is lion) 9;0011,11). until 8:00 p.m. The Ch isttuns holiday is divided into two segments, Segment A being from Dccwmhcr 24'h at noun mail neewnher 250 at noun, and Segment IJ being from December 251" at noun until Deccmher 26" In noun. 'rhe parties ahennute custody or me minur children an these Segments. IV, ISSUI.'S A. Whether Fother should hove shared physical custody ol'Iltc parties' nthnor children or, In the alternative, shared physlcul cusludy lbr the sunuucr. V. WI'I'Nl?S A. Arnold 'r. Shicnvold, Fh.D,, Custody Evaluator. Dr. Shicnvold aulhorcd a report doted February 2, 2004, (attached hereto as Exhibit "A,") and will testily that, bused upon the IJndhngs orhis custody evaluation, Father should have shared physical custody of his children over the summer months. Additionally, Dr. Shicnvold will testi I'y than Mother's request fur a reduction of Father's tine with the children is not consistent with the best interests or needs of the children. 13, Jon C. Hershey, rather, rather will testify to the history of the parties' custody mutter. Father will also testify as to his work schedule, his involvenent with the children's schooling, and his desire to increase his time with his children. I Yltell I Ihiromo `I lrnhel l'InurvIlum•mm, rlaIIIII16 PI V, IIIYI h1c)II,I bn I ukI1.1l IIva I nik Nllit little 7. 71NM C. Llso I lernltcy, I oher's %,I 1¢, If, 111110 allows, Will Icsl(ly us to Itcr ralu?funsl?Ip to the children and her Invulvemcm with the children during Iho periods of l-wher's custody, VI, PROPOSED BE I_UTION Please sec u?tached Exhibit B. I2C817ceIIIJIly Submitted: INARIA P, COGNI?TTI & ASSOCIATES Dale: June 70 2004 By: MARIA 11, CO (11' ? I"I'I, I?SQUIitIs Attorney I.D. No. 27914 210 Orundview Avenue, Suite 102 Camp Bill, PA 17011 Telephone No. (717) 9094060 Altortcy for Pluhttil7' i ExhH* A , N 14legler - tiblenvold & ASSocintleS CUSTODY EVALUATION JON C. HERSHEY va, RACHEL It. CALAMAN NO, 90.0302 CIVIL. hlllul Itleglcr, Ph 1) U9.1s 19991 Anmdd I' Shlemold, Ph 1) Nlelnnlu I ash, NIS Juntee Inch, I SW Ilnnnle II'mold, I'll 1) Amy K. Kcleling. ACMV, I.l'SW, IWD Tracy Riehnldn, V('SW, I ( SW Uymme Slip, O('SW, I ('SW Jellley 11111olb, I'll 1) Am) Wtgnlen, A(.SW, I_SW, R('1) Llml It. 11npolloll, NIA t'hrlnnl Him, 11h 1) Oregory Plnnro, NIA Knwy Shlem'uld, I'sy I ). Shunen Turk-Ocller, I.S%k' llurvey 11, Slugrou, Nil) Refire(! By: Order of tile Court CencHiator thUowhng a conciliation on April 17, 2003 Reibml RGUton: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial arrangements t'or Tyler Jon Hershey, DOB 1/02/92, Sara Rcix-ca Hershey and Entity Gan Hershey, DOB's 5/09/94, Individual Interviews: Jon Hershey Rachel Culaman J'Alk-y Culaman Lisa Hershey Tyler Cuhunmt Sara Culwnan Emily Calantan 7/31/03, 8/27/03, 9/16/03, 10/02/03 7/8/03, 8/12/03, 9/16/03, 10/2/03, 11/25/03 9/29/03 9/16/03 8121/02, 9/30/03 8/21/03, 9/30/03 8121/03, 9/30/03 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI.2) 'Jot Hershey *Lisa Hershey 'itachel Culuntnn •Jetf Calaman Bricklht Perceptual Scale (BPS) •Sara Hershey 'Tyler Hershey 'Emily Hershey 2151 Lingleslown Rued, Suite 200 - Uarrishurg, Pcnnsylvnnia 17110 - (717) 540.1313 - Pax: (717) 540-1416 Icrshey v, Colman Pogo 2 I Ionic Studyt Full parent's Wine was evaluated Air salrty concerns and the fimmily l? cuch lama was observed interacting with the children. Addithoud iniimmition: t, Court, Order dated January 16, 2003 2, Order dated February I'), 1997 3. Stipulaw d Custody and Support Agreement dated February 7, 1997 4. Defendant's Complaint To Modily custody filed on behall'of Rachel Culmnuut dated t)clolwr 29, 2002 5, Court Order dated November 20, 2002 6. Conciliation Confrrenc Sun nary Report dated Novemler 11, 2002 7, Petition To Modify Existing Custody Order filed on behalf of Jon Ilershcy dated November 22, 2002 8. Court Order dated Decennler 2, 2002 9. Response To Pei Itlon To Modify Exist big Custody Order filed on behalf of Rachel C'almman 10. School records lbr Emily and Sara I lershey from South Middleton School District The recommendations at the conclusion of Oils report arc based on all ol'thcse sources of information. Backgrouudt Tyler, Sam and Emily I lershey are currently in the primary physical custody of their mother. They have periods of partial custody with heir father on alienating weekends from Friday after school until Monday naming and two evening per week, either Monday mid Tuesday, or Wednesday mud Thursday kom 4:01) p,m. until 8:00 p.m. There have been several iterations of the current Order dating hack to the time that the parents separated in 1996. Initially, Rachel mud Jon shared custody of the children dependent upon their work schedules, I lershey v. Cmlmum Page 3 For it brief period lit the Pall ol'2002, Jan's time with the children was reduced to alternating weekends, prhnmrily Ix-cause he was not lit attendance at u conciliation cor6rence than was held In November. I lowever, his previous custody was restored lit the January, 2003 Court Order. At this tittle, each ol'the parents is requesting it modification in the current custodial arrangement, Jon stated, "I want full custody," l Ic Indicated that he feels It Is ht the best Bnefestn ol'the children il'tley live with hint and that Rachel have the children on hit current cusindhal schedule, Jon listed multiple reasons why such a change would lenelit the children. According to Jon, the children's education is "sulhcrhng," I le does not feel that Rachel works with the children on their homework, Jon noted that tiara and Emily arc lit need ol'support in their educational program. Ile leels that Rachel had been leaving him out ol'fle decision nakhtg. Ile also b clieves Ilmt Rachel does not lake their educational needs seriously enough. Jon feels the same way alxwt Rachel's auantion to the children's medical reeds, According to Jon, Rachel does not take the children to the doctor when they need to go, As an example, he indicated that Sara had it bug bile that seemed InIL-cwd and Rachel did not take her to u doctor. I le noted that the children wear glasses and are in need ofcyc exams. Jon alleged that Rachel is more concerned with her own schooling than with that ol'the children. I le stated that Rachel gets angry at hhn and will had mouth him to and in hunt ol'the children. Jon was upset Thal Rachel filed will) Domestic Relations for child support, lie indicated (lint ldr the prior 7 years he lad paid his "liair share" ol'the children's expenses without it problem. Ile believes that she is being vindictive and thw, it has hurt the children. Jon Indicated that the children arc aware ol'the custody dispute, Ile stated that they do not want to have to choose, or take sides. I lowever, according to Jon, their mother puts them "in the middle" and causes anxiety liar them. Jon is particularly concerned about Tyler with respect to his emotional reaction and Ieels that'I'yler could henefit Isom counseling, Jun reported that Rachel is oppx>.ycd to counseling. Jon stated that at the tine ot'trwusitions back to their niother's house, all of the children tell him they would like to stay at his house. Jon is uncertain if the children say file same filing to their mother. Rachel also wants a modification ol'tie current custody order. Site admitted that she sought child support liar the children and that she requested it change in the schedule. Rachel is opposed to the children having raid-week visits with their liuhcr, According to Rachel, Jon lowers tie children's sell esteem and causes them "u due stress." Rachel noted that Sara and Emily need special help in school. Rachel alleges (lint Jon repeatedly tells the children that they acre going to fitil. According to Rachel, Sara "breaks down and cries because her dad told her she would flail the V1 grade." Rachel is upset that Jon does not want tie children to participate in extra-curricular activities. Rachel lochs that file activities provide an outlet tir the children and a wary liar them to build self-esteem. I lerNhLy v. Culanan huge 4 Site notcvi that Tybtr has Imes alintkl to tell hls 61ther that he Slgned-up liar looil>rtll. Additionally, Rachel reported that she had to Mile'fyler to till wreSHIrg numches because Jun would not help, Itachel indicated that Jon hula told Tyler Ilat when he is 12 years old he can decide fir hinueh'whcrc he wtints It) live, Rachel alleged that Jon also told the children that since he now pays support they should Im able Io get whatever they wtim, Rachel Indiuued that the children lilt' Iorhidden IPonn W11011hng to her the Ihlngs they do lit their linker's hone, especially the dangerous Ihings, Rachel was upset I1131 'T'yler wits allowed In watch Ilre I1ACVisi0n show "South Park" while lit his liuher's house. It is Rachel's heeling. that till of These events put it Irenendous umounl ol•nmess on 11te children, Rachel feels that Jun allows the Children mn participate in aciividea that tire unsupervised and tire uulrig.ht dangerous. For exmuple, she huhpemed thtil the children Ind gotten dirt h(ken lit their father's house, but hnilhdby were not required to wear helmets, She compli lned flat the children have unsupervised use of 1111•guns and pellet guns. Rnchcl alleged 111111 Jun will start Ion fired with Ile children present and drink leer. Rachel noted Ilutt Jon has gullCn 2 D111's hit the past. Site does not like the Inct 111111 Jun Smokes and drinks in fhmt of the children. Rachel feels drat Jun is lilt teaching the children "responsibility or direction." R chel believes that the children are aliald of their linhcr, She noted (hill lie wits "allusive, depressed and drinking" during their nnarrl?ge, Marital Illstoryt Jun and Rachel nx:t while they were working tit General Mills, Rachel was 21 at the tine and in another relationship. According III ]oil, they married wilhin six months ofincoing, Rachel Indicated that they married three weeks tiller they staled dating, Rachel noved into Jon's house and very quickly became pregnant wills Tyler, According to Jon. the pregnancy wits planned and both ofthem were happy with the news. Rachel's health was good throughout the pregnancy and Jon was supportive of her during Ihat time. Tyler was It colicky lx?by. Rachel attempted to breast Iccd, but that was not working and they switched to bottle feedings. Rachel ndmllted that Jon helped with feedings and changing diapers. According to Jon, le switched his joh at work so that he told Rachel were nn dillcrent shins. In that way they could share curing liar Tyler without the use of a lot ofnitters. Rachel rellorwd that she had it home-based babysitter for Tyler liar part ol'the tine. She also alleged that Jon would become I'nnstrated with Tyler at night and curse lit him. Jon denied that allegation. The relationship appeared to he going well until the pregrancy of the twins. According to John, the pregnancy w11.s planned, but they were Will surprised to lind out that they were laving twins. Rachel admitted she was swuM, 'ITne delivery went well and Jan's mother stayed for approximately six weeks to help with the babies' care. Jon and Rachel also had is bahysitter who helped with the children. I lershey v, Calwnan Page 5 Jon stated that R111:1nl uune hun?e iron, the husphal "hyslerieai" because she was alhild of hiking cure Of the twins. Both parents slated llwt the reationship deteriorated tiller the birth ol'T.mily and Surf, According Io Jon, he could not understand what had happened. Ile stated that Rachel became withdrawn and quiet, but she would not admit that anything was wrong. Ruches was curing fin- the children well, but she did rn,, seem to he happy. Jon reported that Rachel was moody in home, However, he heard rumors about Ruchcl and lell'al work, lit! and Rachel continued ten work Opposite "hills and use It Iu?hynitler no tlhn1 he could get Nome sleep lelinre curing liar the babies. Jon hired it private investigator will), accl)rdbng to Jon, discovered that Rachel and Jell' were Involved in it relationship. In July, 1994, Jon "went it) pieces," Rachel said she was leaving and placed it PTA appinst hint. I le admitted that there were tines he becanc "curoged" at her hock of'bnter"a In 111111. Rachel revolted that the ouln iage pot unbearable alter the twins were horn. She stated 111111 Jon was mean and hutelid to everyone. Rachel alleged that Jon would cull her and the childrim fumes and (hut he would withdraw liam himily events, She stated lbat it was not just she and file children who were the objects of his anger, According to Rachel, Jon limghl with neighbors and co-workers. When the children were approximately two yeas old, Rachel informed Jon that she did not love him. which led to him becoming more angry. Rachel reported that he slatted drinking. Jon wanled counseling and they went together. The counseling did not help and the situation worsened. Rachel reported thin there were violent episodes, but no police involvement. Finally, Rachel took the children with her to it domestic violence shelter and obtained the one year Protection Order, 'T'yler Ilershey: 'T'yler is 12 yeas old. I lis parents describe him as 11 great kid who is snarl, mature and athletic. Jon feels that Tyler is not os Tnnppy as he wns prior to their separation, Rachel feels that Tyler is very adaptable wxl never complains. However, Jon reported that Tyler complains about his mother'" house frequently, Tn fact, Jon reported that Tyler tells him his mother's house, Is like a prison. 'T'yler has some close friends, but he is not overly social. 'T'yler attends the Yellow Breeches Middle School. Ile is III the sixth grade axl lie has always been a good student. According to his parents, 'T'yler does not gel Into trouble in school and the teachers have only good continents about him. "Tyler's physical health is good. I le gets an occasional headache, but they do not appear to be serious. Tyler's appetite Is appropriate. Ile Is physically thin, but in the nornud range on tlx: growth charts. 'T'yler does not hutve any sleep disturbwtnces. Ifershey V. Culunwn page b Tyler In involved it midget football. Ruchel takes him to all of his practices and Iwth parents attend his games. Jill) reported that he had nut gone to practices because lie was using the tine during the week to IwIp the girls with tlefr school work, Nonetieless, Ile feels it is appropriate lur 'I'yler 10 play foo(ball because his grades sire good. More recently, tan started utking Tyler to practice because he waL4 picking-up the children curlier Isom school, thus allowing more line to help them prior to practice. Tyler presented as it friendly utul coollerative I I year old boy, Initially, 'T'yler was Interviewed prior sit the beginning ofthe school year, lie was looking 1161-ward to going to Yellow RreMics Middle School. Ile slated that he is an MI student, but his hivo rile classes are gym and art. Ills parents arc generally satisfied with his grades mid he understands when he gets C's what he has dune wrong. Tyler stated that he wits unending the evaluation lit talk ulxtut his parents, Ile noted that his mother and lather have "trouble communicating ulxtut everything." According lo'T'yler, his mother talks to him alwut "what's going on and what will lugnpen." Ile was told that his father has to pay his mother stoney each 111011111 and (11111 file Coul't will decide what Is lest Tor hint said tiara and Fmily. 'T'yler reported That his mother believes that his litho is n liar. Sic leehn 111111 his lather slakes excuses Oboist his knee and hack (pain) so he doesn't have to pay her, Tyler becomes upset when his mother says those types ofthings about his lather and wishes she would not talk that way around him. Ile indicated (hit( Jelfand his mother talk where he can hear them said it makes him Iccl "had." Tyler demonstrated that he knew the custodial schedule. Ile relorled that he was Wright with the current Schedule, but would even like lit spend more tittle with his father. Ile is aware that his nother does not watt that because she has told Tyler that "he(Jon) doesn't deserve Must he gets now," Tyler has not shared his feelings with his mother, 'T'yler reported that his lather also talks about him spending Wore tinic with him. Tyler stated that his father believes his mother is trying to take Tyler away firm him. 'T'yler leek equally badly when his fisher talks about his mother. Tyler tries to escape to his bedroom in order it) get away tom his parents' negative comments about one anther. Tyler perceives JeIJ'as it "great step-dad," Ile does not like when his mother and Jeff argue. Tyler reported that Jefl'will watch plan play football and that le takes care of the children on Mondays and 'T'uesdays when he is offli nn work. At the time Tyler was interviewed, Jon was not taking him to practices. 'T'yler stated thus his fitlier thought it was too lir to travel and he waited to spend more time with the girls. Because of his tither's reaction, Tyler was uncertain whether or not he should even play foothall. Tyler really likes lootball, so the situation creates some stress for Win. 'T'yler wished that his tither took the kind of interest in his activity that Jeff does. Ilerehey v, c5alanam I'uge 7 Tyler reported that his tither In usually Ili 11 good mwnaL When lie gelh angry Ile yelih, hill never lifts any oI'tlie children, ()it the other hand, when Ills mother gets angry hhe will lilt the kids, grub them by Ihe(r neck and spank them on file hull or arm, 'T'yler odnnkled Ihal II doesn't hurt Ih11I much, but he does not like if. 101'11t)es not lecomne 114 omPry 113 Ills mother, Fven though Ills mother and step dad Ixlieve 11, 'I yler does not leel that Ills hither is tun hind on him or his sisters, 'I)Icr has never head Ills Ihlher call his sinters "dumb' or "hwpld." 'I)ler hiated 111111 Iwth ol'his purentn will help Willi school work, hill Ills liuhcr ih really Involved. Tyler admnimed 111111 his hither tells the ch(Idrcrn 11) keep herreth with Ispect In what they du at Ills house, For example, he ow 10 1Sa1ch "South Park," 111111 Ills 111,111114 dId not like 111111. I le denied that his father Iatks about mwlley will) the childrVII, 01110 1111111 11) sty 111111 they 41100111 Ile able io get new clothes from their nnot11er. Tyler reported 111111 11e hhot)ls 11 II-11 and pellet g,am al Ills father's house. I lowever, he slated that he Is 11,11 allowed to 111111 the Pull at unyune ur 10 damage anyone's property with it. 'I)Ier Is allowed to shout ill hqu1110h and ruhhilh. Tyler reported Ilan he has "a lot ullenpecl lair Vim," Ile (cell) 1hal Lim "really cures ahoul us and helps its with things," According III 'T'yler, Ills mother lines not like Lisa, Ilut he Is unsure why not. Ile noted 111111 1.1641 doesn't seem it) like hih mother, either, 'lyler Icelh that Ills parents love all (Wide children equally. I It)wever, he sumnethnen Pets ler)r had leClIoNe ul'Ihe wily 1113 pareols talk and act. Tyler completed the 1111S. Oil phut Instrunneml, hr 301101 111 hems hl his IIIIIICr'e 111MC1l0n, 12 ht) Ills mother's direction and there wins one lie. I Ill' total point hcure ooh 159-1 for Ihther and 13135 for nwther, 'i7ne Rricklin is divkled (lilt) liar heclhmh, perception ol'e'ungelency. Perception uf;iuppurtiveness. Perceplion ofFolluw-I Ip Comh(3tency and I'ercepllon ol'Alhm(ruble Traits. Alllough there were 4o glaring, sigollicaml dillefemcch, there wi'll' hoole momble responses. In the area of competency,'I yler let that his hither Wan hlgnllicamlly teller able it) help him with everyday ow:d(cal problems Ihan his mother and that his tither argued more cunsuvclively than his mother. Ile peree(ved his mother ail hhowiing Teller leadership skills, 1111 the area of supportiveness,'I yler fell Ihnn his lather was Inner able 111 help IIIIII Cope With 1l11r3 and letter lit helping him deal with new s(luutlonn. Willi regard to comsihlemey, his lather and mother were pretty equal, except in the area oflumhehold church, where his mother was perceived its stronger. Finally, in the area ufcharacter muit3, Tyler M-oled Ills fisher significantly higher Willi respect to keeping promises and being able hl nminlnin a puslike mood. Sara I fennhey: Suru is nine years old mid, like her sinter, is III the •1" Prude, Sara Is described by her father as u tomboy Who likes soccer, "hut doesn't understand the Punic." I le heels that she IN " snunrt ht her own way," According an Inn, Sarah comprehemskun Is weak awl nneedn "fuatdh-on help," Rachel perceives Suru its lacking in sell=undGlenre. She Is it hard worker who wants to du things "right " Rachel lecls that Surn is snarl and able, hat teeth her liuhcr "tries to keep her down." Hershey v, Calanum I'uge g Sara enjoys riding lessons and does very well there, Sara Is stubborn mid argumentative, She Is not as sensitive as her sister. Sara likes school and appears happy at school, She receives remedial help ht reading mid nanh mid has bad an IVP Ibr the last several years. Jon stated that he was "unsure what line school was doing" liar Sara, Ilowever, her records clearly Itdienle that she is part of a resource program and receives special nssisutnce, More recent grades liar Sara showed that she was nahnainiig an A•H average III niost ol'her classes. Sure is not an overly social young girl, I ler mother reports thin she has some Iriends, but she does not spend much line with them alter school, ht liacl, Sant turns down going to birthday parties to which she is invited, Jon does not notice Sara Interacting lot) much with other children at soccer. '['here are ntt children in his neighborhood with whom she can pity. Jon feels that her speech problems all'ect her social development, I le did not elaborate on that find. Sara is physically healthy and her appetite is good, According to Jon, Sara has always been u "rocker" when It conics to going to sleep. Ilowever, she demonstrates mo sleep disturbances, tiara Is Involved in soccer and riding lessons as activities, She has also oaken swim lessons it the past, (loth parents perceive Snru as somewhat Innature. Rachel noted thin Sara is "never depressed," mid Rachel is happy thin Sara has some social Immaturity. Jon also Icels that Saru is u happy child, but angry that she cannot see her linher nore often. Sara presented as a cute little nine year old girl who had short hair and wore glasses. She had a distinct speech Impairment, but was understandable. Sara reported that she attends the fourth grade at Iron Forge Elementary School, She likes school, especially when site can run around. Sara leek the teachers are very nice, Sara indicated Hutt her grades are "good and bad." She was in it "special class" in third grade and (eels that she is now doing better. Sara has been in speech classes since kindergarten. She noted that sometimes other children hake lam o/how she talks, j Sara Indicated that she was being evaluated because her parents are "getting into lights and stuff" She noted that her tither doesn't like her mother very much. According to Sara, they lad a "big fight last year and their still rand about it," Sara was referring to the conflict between Lisa and her mother, Sara knows that her parents have lawyers, Sara was able to define the current custodial schedule. She indicated that she likes the schedule, She reported that she sees her mother more than her father, but she likes to visit hhn on the "two days." Sara was aware that her lather wars to see her more often mid she added, "I want to sce him niore, too." I lowever, when her lather asks her if she wants to see hint more, she usually responds, 1 don't know." On the other hand, Sara is happy with the mnou» t of time she sees her mother mid would not like it to be less, I Whitey v, t:'uhunum Page 9 Sara reported I1Utl her mother and slep•linher nay it lot of"mill" aixmt her littlter, They have stated that Lisa tried w lilt her morn and that dhld and I.Isa "are mean It) them," Sara is conlhsed by Ihose statements, but doesn't think her linker or I isa would do Ihm kind of stall', Sara knows that her nunther In angry al her hither. She Peels that her Iinher simply leaves her mother alone, However, her lather nonethncn nays thhtgs ulxum her mother, tiara could not remncmler exactly what he says, Sara likes her aelivities, t iencrnlly, her mother in name involved Ili those activities that her linher. She slated that somtetinon she and her mother lirrµct In tell her Fiat w?ten Ihcrc is it soccer practice. I let- littlter comes to male o1'her panes and Ile Conte I( III Iorsesltow ht which she participated. However, her Iinher feels Ihal she should do morc school Ihhngn Ih11n "games," S11171 Completed the HI'S, I ler test Indirmcd Thal she willed 17 itelnns in her lather's direction, 12 ht her mother's dliectio11 III III there weir i lies. I'hc wrap pol11ls were very close with litther getting 1782 points and mother pcmhgt 169 l pohtts 'I here were very licw significant dill'erences ht scores oil Individual catteporlcs. Sara secmued to feel Thal her mother was able w argue more constructively than her Iinher, hilt per liuhcr was healer able to solve it school subject problem. Sara 101 tbal her linher was morc patient thin her mother, hilt that her mother wits more altruistic than her linher. h:nt[ly Hetmheyt Emily Is also nine years old 1111d It the limrlh prude tit Iron Forge, 1•:mily has it dlll'crent tencher Ihtm her sister, Rachel dcscribes Evilly as very sensitive and more people oriented than her sister. However, she believes that Emily's bell'-estecnn Is also yule fragile. Emily is good at soccer and likes horseback riding. Hanel refers to Fmily ns it "sweetheart." Fmily tries to please people, but she in more Independent 1111111Snr11. Jon Iccls Ilutt Emily wants to "fix everything." tic, too, perceives Fmily as maturing soc6ally morc rapidly than Sarn. Daily h11s more friends at school to whom site pays more anenfion. Emily grasps concepts tit school more ngildly than her sister, She has it math disability for which she continues w receive special nsfstnnee, Fillily is also ill speech therapy. Jon noted that Suru will oRen say that 1?ndly i:t maunder than her because her comprehension is letter than Sara's, Iiutily's Physical IIeIIIIII is good, 11s In her oppetle and sleep lehavior, Emily is it more emotional child that Sara, That nay le 11 limction ol'her sensitivity, Ilowever, site is also more mature, although Jon leek that site, loo, hags when compared to other nine year old girls. 1{ntlly presented its it very cute little girl with longer hair than her sister will different color ka mes liar her glasses. Vnnlly also has some speech articulation problems, but not to the saute degree as tiara. Emily stated that she pikes leing it twin and that her sister is her fifend, She, too, is it file A's, grade and likes school. Inereslingly, Emily stated that math is one of her Ihvorite subjects. I?mily rel-iorted that site does, not get ton much homework. Hershey v. ('airman page 10 When she turd her sister have huntework, her mother nakea them du It belure they cull play. Cannily, like her siblings, knows that her parents do not gel ulung with tine mother. Isnnfly Stated, "Chid Is very angry at mom. Ile won't agree it) take classes he huts tan take to talk nice to mum." She noted that her tither turns away from her mother when he sees her, tir he "drives by very lust." 1?mlly reported that her lather has told her that she is below average fn school. According to I?mlly, that intakes her mother cry and It stakes her "sad." Fluffy reported that her step-Iinher told her that her Iinher Is telling her snnll'thm Is not true, I lowever, It also upsets her that Jell'suys mean things about her Iinher. Emily heels that Lisa is lilt "excellcul" stepmother. According to Fmlly, Llsu will take them shopping, go for ice cream and take them it) soccer practice. She also dues crulls with the girls. Iter Iinher will help with homework and watch shows tin television with ilium, Nattily stated that her mother sometimes raises her voice when angry and will spank her, Site stated that her liaher dues not spoilt her because he stopped when they were little. I?nnfly also likes Jell, who limily reports does many liui things with them. She does not like that Jell'calls her dud, "lazy." 1_mily defended her Iinher by saying he doesn't have ajob, but he works hard, like when he chops wood. 13nnlly reported that her mother tells her that her Bather is not responsible enough. Again, she defended her Iinher by saying that he hakes them wear seat belts. Fmily noted that her lather use to tell her that Jell'was it mean step-lather. Slit: also reported that her mother is afraid that her l'nther Is going to hurt her and Sara, Emily admitted that even though her Iinher has told her not to talk about what they do at his house, she tells her mother "everything." I ler only l6r is that Tyler will tell her Iinher tin her. Emily completed the 1111S. She scored I I items In her mother's direction, 9 Items in her fiuher's direction and there were 12 ties. The point total was 1581 liar mother and 1633 fur Iinher. As can be noted fn her profile, Hmily gave each of her parents fairly high scores In every category and had them equally divided with respect to areas In which she perceived some greater ability. With respect to categories In which the difference In scores was significant, mother was scored higher in She areas of being it more reliable source ol'bndrnattion, as being more assertive, possessing better leadership skills and as being able to help her cope with fears. Father was seen as significantly better at helping her deal with it bully, being more patient fn general trod being n store patient listener, in keeping promises and In nahmuining it more positive mood. Jon Hersheyt Jon is u 47 year old nom who Is currently unemployed. Jon noted that he was u mechanic by trade, but has become physically unable no work. I la: originally worked Im General Mills. however, after the mill closed he worked for u general contractor and then I'or R.J. Davis, At tills point in time his knee problems aid back problems do not allow him to work. According to Jon, he has two discs in his back that are "bad." Ifershey v, Culuman Page I I The discs creato udditiotutl problems In Ills legs, Jon is working with the Office ol'Vocutlonal Reluahllhation to retrain hlmstnll'oncl find employment. John rand Ills wile, Lisa, live In it ranch home in Carlisle, PA. The hone is located on 20 acres of laud set back upproxhni rely 100 yards Ikom the road. The house appeared to lie clean, organlZed and hn good overall condition. The children were exclied to show-oll'?heir house, toys and rooms. All of the rooms were neat and clean and the house was stocked with healthy, appropriate thud, Children's art and crafts were displayed In the house, For the most paint, the landhy congregates In the family room, Fishy and Sara share it bedroom, while 'T'yler has his own room, Jon wits raised In Centerville, I'A liar the first lour years oi'his 111c, then moved to Carlisle mail 11c wits 13 when finally staved to Shippensburg until he was 15 years old, Ile reported that the Iiunily always lived on lornvs. Jon has on older brother and two older sisters, When Jot was 15 his Ihther was killed ht it truck accident and the hardly moved to Texas to live with his grandparents, Jon dropped out ol'sehool in the I I's grade and eventually got his OFD, lie stated that he did very poorly in school. Ile Ieels that tiara is much like him ht thin she has school reputed problems and vision problems, I le do%s not want his children to experience the academic problems that he had. Jon reported that his tither was extremely hard working and the "head honcho" of the tinily. I lowever, he Mi that he spent little tittle with his tither and did not bond with him. Ile does not watt tint to happen with his children. On the other band, he described his mother as the cornerstone of his lilt. She was it "lovely wonum" who never remarried after her husband's death. She continues to live in Texas, Jon presented its a nun who looked his stawd age. Ile dressed very casually for his appointments, Jon has grey hair and wears glasses. I le is somewhat overweight and admitted that le Is not very athletic. Jon showed it variety of emotions during the evaluation. At one level, he was very polite, cooperative and personable. I lowever, there wits also on angry component in his presentation that Implied considerable frustration with the situation and with his ex-wife, Jon denied that his anger is ever directed at the children. Ile also suited that he Mt he has worked through much ofhis anger iTom the narriage. I lowever, he nary lack some insight Into that aspect of his personality. I le admitted that he could become very enraged during the marriage, especially after he Mt that Rachel was having an all'uir. Jon appeared neither depressed nor anxious during the evaluation. Ile denied symp?onis associated with either of thou disorders. Jon's first wile left him for another man. Jon reported that he has had two bill's in his llfi , The first occurred following the break-up of the first marriage. The second occurred approximately rave years ago after he attended a party. John lost his licence for a period oNinte and had to take alcohol education classes at that time, I lershey v, Coltman tinge 12 I lc stilled Hutt he will, tit must, have two or three beers tit it sitting, and (lint will only occur on weekends he dues not have the children. Jun also drilled that he drives after he consumes alcohol. The only medication that Jun takes lur his buck pain is 1huprof4m tun reported that he smokes upproxinately 5 cigarettes per tiny. I Ifs only arrests were Iur the UUI's laid the PPA. Jun completed the MMPI.2. Jun has presented hbttself in It fiwornble light, Jan's profile suggests that his perception ofhbnsell'is thus he Is without psychological problems, I lis denial is consistent with whom he believes hbnsell'to le and not it ILnction ol'overt denial, although there Is also some Indication oI'Ihnl. 'I here are mo clinical scales outside ol'ibe normal clinical range, Jun dues not present him elfas depressed or anxious, lie lbeuses on sonatie concerns, which Is consistent will) the physical problems he reports. 'there may be it psychosonwtic component to some ofhis problems with pain. Men Willi Jon's profile rare likely a) luck Insight Into the dyaannies of Iheir Ielmviol' and emotions. 'these men may resent authority and display it very assertive attitude when laced with social conflict. Ititehel CNINIInrnt lUchel is 37 years old, She lives Willi her husband, Jell, In it two-story home it, polling Springs, PA, The house is on an acre of land In it quiet development. The house Is only liar years old so it is in excellent condition. The house has live bedrooms, so each ofthe children have their own bedrooms. The bedrooms arc decorated to the children's tastes nand appropriately I'or their ages and interests, the house was neat, clean and organized, There were no st&ty issues noted within or outside of the house, Rachel was born it) Alexandria, PA, She remained there with her liunlly until she was 5 years old when lice family nerved lu Carlisle. Rachel's mother divorced her first husband shortly after the family moved to Carlisle and she remarried when Rachel was Ci years old. Rachel had three step-sisters through that union, but her mother divorced her step-Iuther when she was 13 years old, The f'mnily relocated to Anidstville , Rachel reported flint she had only sporadic contact Willi her biological l4ther throughout her lilt. Actually, sl)c lived Willi him 114 4 months when she was 16 years aid. At the tine, he was remarried and Rachel had it half* brother and huff= sister. Ilecuuse she did not get along with her step-mother, Rachel retuned to her mother's homnc. Rachel has little continuing contact will her step-sisters, hull'siblings, Iuthcr or slep- futher, Rachel staled that her mother was it very strict parent who taught her to be respectful and good manners, She taught basic values and morals and that Iraditions tare Important, When Rachel was IG years old she ran away lion) home because her mother would not let her we u buy. It was during that period that she lived will her lather, Rachel did relatively well in high school and graduated in 1984. Rachel noted that after high school she lived with it man for liver years, lie was ten years her senior, She broke-up with him and lived with anther awn for three years before site started her relationship with Jun. I lershey v,Colama n Page 13 Rachel presented ns it pleasant, cooperative wonun who dressed casually for her appointments. Rachel's snood varied during the evaluation. She was serious about the evaluation process, hill was ahle (o show it broader range ofall'ec(, Rachel could lx- very Sareastie, especially with regards hn Jon. She perceived him as having no posiive parenting attributes, Rachel Ixlieved (hilt much ol'his "concern" tar the children revolved around fi a ncial issues, In suet, Rachel displayed very little respect Ior Jon and did little it) Inhibit that feeling. Not surprisingly, that minute was apparent to the children as well, Rachel appeared to Ix neither depressed nor anxious. She denied symptoms associated with either of those diagnoses. I ter thinking was clear and logical, Rachel has never been In counseling fill' tiny psychiatric disorder, Hriefly during file hrenk-up ofthe marriage, Rachel was fold she was depressed by it counselor, Site had one visit with it psychiatrist who did not Ixlieve site needed medications. Rachel drinks vcry little and does not smoke. She takes no drugs and her physical health is good, Rachel has never been nrresfed or charged with it crime. Rachel completed the NIMI11.2. She took it very dclcnsivc approach to answering questions suggesting 111111 site was eying w make it l4vorahle impression, In doing so, Rachel pus shown u luck ol'awartnesn and Insight and significantly under-reported any psychological problems she may have, Women with this profile tend to lie out-going and pleasant, I lowever, they cull also appear Impulsive and call evoke hostility in others close to them. Lisa Hernhey: Lisa is 41 years old. She works as u secretary firr the PA School Board Assoclation. Lisa haS bud that Job liar approximately 2'11 years. I ter work hours are Isom 8:00 a.nn. to 4:30 p.m. live days per week. Lisa has moved Jobs two times In the lust tell years. Lisa described hersell' as an "army brat." She was Iwrn in Prance and moved quite it bit with her limnily, Lisa had an older sister and it younger brother and sister. I ter older sister died of leukemia approxinately 7 years ago. Lisa's parents divorced alter she left the family. She stated tint she is not particularly close with her sister or hrother. However, she lest that the filially was relatively close while she was growing-up, She Mt that her mother taught her to always do her lest. Iter mother was quite strict, I ter linher was very strict and took on the "big issues" In the family. Iter father is retired kom the Army and has remarried. Lisa graduated high school In 1979 and has leen working ever since, Lisa married for (he first time in 19Rt. She and her husband were nwrried Ior 20 years and they have two children, Robert who Is 20 years old, and Amanda who Is 16 years old. She stated that her nuarriuge was actually "over" when Amanda was two years old. She reported that her ex-husband had it significant drinking problem, but she stayed as long as she could for the children. Lisa separated in 2000, hit( her children remained with their father, She leek their choice was lased on his luck oI*rules and on their anger at her Ior leaving the nuarriage. Iiershey v. Culunan Page Id Llsu tuned that her husband had significantly reduced his drbnkhng by the time she had heft, 'there is no set custody schedule for Anandu, Anuundti visits when she IN so Inclined. Lisa has known Jon since 1960. She and her husband were friends with Jon and his first wife, 'llicy last contact over the years and she saw him again fn May, 2000, Jon vlsltcd her aid her husband at their home helbre she left the nuirriuge, Lisu admitted that tiller she left, the relationship with Jon went "very lust," Sic and Jon named on July 25, 2002, They had lived together fbr approxhnately one year prior to marrying, Lisa admitted that her children do not like Jon because they feel she left the narriage liar him. Lisa heels that she has it deceit relutionshlp with Tyler. I le is the most distant with her of the three children. Emily and Sam seen to enjoy hanging out with her and talking. Lisa stated that the girls will "dump" stulhtlat they are thinking about. She noted that the children will ask her whether she likes their morn. Lisa and Rachel had it "light" In August over medical Insurance lift the children. Lisa reported that Rachel accused her of"acting like the children's mother," because she curried Insurance on then. Prior to that Incident Lisa and Rachel got along thirly well. Lisa reported that she does not talk to the children about the custody situation. I lowever, she believes that Rachel talks to them and that the children are troubled by the conflict. Sara has told her that she is "on mom's side." Chn the other haul the children aim) laave steed tluu they would like more thne with their hither. Lisa presented as a cooperative and pleasant wonam who seemed to be honest In her perceptions of the situation. Lisa tried to put herself' into the children's places when answering questions about them, suggesting some degree of insight and empathy. List noted that she has it history ol'depression dating Ruck to 1998. At thin tittle she was taking Moll Ibr her depression, but she no longer uses the medication, Lisa does not leel depressed at this tittle. She reported that she smokes tilxiut it puck ol'cigarettes per day and that she has all occasional drink on the weekends. 'rhe most she will drink on it weekend is npproxbnutely 4 to 5 bees. Lisa denied ever being arrested or charged with it crime, Lisa becks that Jon is a good parer. I le loves his children and is strict, but Ilexible with then. She feels that he attempts to talk to the children and spend three with them. Lisa Icels that he could Improve on his parenting by being more consistent in his IbIlow, through. Lisa denied that Jon is too critical or negative about Ilse children. Lisa completed the MMPi-2, Lisa was mildly defensive in answering quest lolls, Iler profile suggests that she has good ego-strength, but probably lacks Insight Into some of her psychological issues. Women with this profile tend to sec the tselves as controlled, but do not recogni7x the resentment aid hostility flat they have. Often these wonnen have a low frustration tolerance and can Ire Impulsive. I lershey v. Calumet Page 15 'T'hese women du not like authority and nuty have u history of relationship difficulties, Because of their impulsivity they may have aggressive outbursts on occasion. 'these women tend to deal will) their anger fit it passive aggressive manner, Most of the time women with this profile nwke it good first impression, I lowever, duel to their dllliculty in dealing with conflict directly, rchttiomblps becone dillicult to sustain. 'T'ypically, these wunntin luck Insight Into their problems and will exiernalive blame. Jeff CMIM?ttNnt Jell'is 40 years old and works Rir Viilcnwnn'6 bakery It Carlisle, At the time ol'the evaluation Jefl'had been working for that company for 3 months. For the two years prior to that he had worked us it baker lirr another company. Prior to that time he worked firr Clencrul Mills. Jell's work hours rotate on it six week basis from either 0;00 a.m. to 6;00 p.m., or from 6;00 I nt. to 0;00 o•m. Ile has it three day weekend every other week. Jell'was previously nmrried. Ile has two children, Nate who is 23, std I leather who is 18, Jell'wus only 17 when Nate wits born. Ile wits not nwrried to Note's mother. Nate visited with Jell' until he came to live with film at age 9, lie married licuther's mother when he wus 22 years old. They were married six years and she left him. Ile now has it good relationship with her. lie lui s typieully ltad custody of I leatlu r on his "otTdays•" front work. left reported that he always had u lot ofcontact with his children. Jefl'was born in Carlisle and grew-up in the area. I le has an older brother and sister aid a younger brother. bell's father worked for AMP, inc. for 30 years. i lis mother stayed at home until all of the children were in school. Ile described his upbringing as "great," and his fitmily as very close. I le considers her liaher it great awn who wits compassionate and understanding. ills mother was described as sensitive and talkative. Jel litiew Rachel and Jon from work at General Mills. lie reported that he and Rachel became liicnds around the time she and Jon were married. I le was surprised by their marriage because he felt that their personalities were sit di11'ercnt• I Ic felt that Jon was always sullen and ahgry whereas lUchel was outgoing and lint. Jeff became aware of the problems In Rachel's marriage through the other nnembers of their team. According to Jell', Rachel would cry at work. Jcl'reported that Jon wits always saying that Rachel was leaving, him for someone at work because they would be supportive of her. Jell'reported that his relationship with Rachel did not become serious until 2 to 3 months after she Icll Jon. They started dating at that time aid "got together for three years prior to getting married." They were nuirried on November 19, 2000. Jeff feels that Jon "had it made" after the separation. Jell'reportcd that Jon got the house and was not being consistent in providing support. According to Jett, Jon was depressed and missing a lot ol'work. Jon could contact the rliildren whenever he wanted, but he had little contact for "years." I lershey v, Culunan Page 10 Jefl'reported that Jun has renalned hitter and angry and will nut cummunicute, I le supported Rachel's concerns about the children being around Jon's anger, Joll'Is concerned that Llsn is "violent," Jon IMs that she has only added Io the angry lecllags that Jon already has, Ile believes the envirolmleat at Mills house Is negative, They drink and smoke lad over Indulge the children. Jell'leels the entire situation has placed it lot ul'presmam on the children. Jell'presented its an assertive individual wilt) hull nu problem stating his opinion, Ile was polite and socially appnnprlue, Jcil'dl1 not appear it) he ether depressed or anxious, I Ifs demeanor wait relaxed, hub serious, I le was able to display it nornal range ofennotfonal responses that were appropriate bur the topic being discussed. Jell' appeared to be logical in Ills conclusions and there were no signs ol'slpnflicam psychopathology. Jell' colltpleIell Ilse MMPI-2. Ibis profile suggested considerable delenslveness lint] conscious attempts to present hhnscIf in it favorable light, 'I herellwe, the profile probably wnderestfnates tiny psychological problems that exist. In general. men with this profile ore responsible laid conscientious. They deny any psychological problems, but prolobly lack awareness of why problems thin exist, F heir day-today Ibnctfoning is good, They ore relatively relaxed and lice of anxiety, 'I hey may also be somewhat passive and submissive in relationships, R.cunnnendalihmst Iluth parents tare requesting it change in the custodial urrangement. Jun is seeking prhnary physical custody ol'his children which would entull it change ht school districts and neighborhoods, Rachel is seeking u reduction lit Jan's contact with Ills children such (hut he would see them a» alternating weekends only. Neither ofthose requests are cumfstent with the best interests or needs of the children. Rachel expressed multiple concerts about Jon's relationship with the children and Ills parenting, or lack thereol', first ofall, Llsa feels that Jon is too critical and negative with the children, especially Sara and Emily. She noted that he has called them derogatory Nunes and restricted their activities because of their academic performance, Rachel believes that Jon would Iinnit their social contact and that he is aver-emphasizing their ucaademb: problems, Jon lad tremendous problems ht school and wens his children to stay tueused and achieve better than he did, Therefore, he tends to project his problems and lack of initiative ht school onto his daughters. Clearly, Sant and, to u lesser degree, Emily have learning disabilities liar which they are getting educational support. I lowever, loth ofthe children are achieving within the expectations of their teachers. 'I'll sums degree that is it result of the help they receive at school. Additionally, both parents show concern for their academic growth and work with them at home, Although Jon may be more lucused an the problem, the children do not perceive him as overly critical will negative. I lowever, he is more critical laid negative than Rachel. I lershey V. t'alaman I'uge 17 Jun needs to recognise that there should Ix a hmillhy balance ol'extrn-curricular activities ulmg Willi the academic locus he desires, That Is especially true Aw Fmily and Sara who have demonstrated social inunaturhy and developmental delays In their hocial skills, fly engaging in outside activities, the girls are exposed to more nurture peers Thom whom they can learn and grow, 'I lull growth is equally Important at this stage ht their Ills w the academic perlbri ance [hill Jun demands. 'I here have Inca studies that have shown that childrem who are active ht exuroctrricular activities ore more successfld In the academic pursuits, The parents cat employ a variety of lechniqucs to Insure that the children's academic needs ore Ixing mel without sigullicaauly linniting their social and athkctle acthvilles. Additionally, Jon's participation ht their activities as either an observer or ht some more active rule Is very Important to the children unit his relationship will) them. Jun stated that he wits concerned alma the children's self esleent, I lave a parent who watches their perlinnwncc and is able to express their pride In the child, dues wonders firr 11 child's sell' esteell). 'there was no indication 111111 Jun exposes the children to any greater health or safety risks than dues Rachel. 11 is true that the children ore allowed to engage It some activities that arc not allowed at their mollter's, such as shooting iJU•guns. I luwever, Tyler wits fully aware of' rules associaed with the use oflhe guns, Similarly, the children understand that there are rules lur many of their activities and that Willey break the riles there arc consequences, The home environments, tit both locations, are suite and child klendly. Jun and Lfs:a admhued that they smoke cigarettes and drink beer. They deny drinking hit front ol'Ihc children and, again, there is no Indication that they have drunk in front ofthe chikdrnn. 'I hey need to smoke outdoors and not smoke is the cur when the children ore present, With respect to Jon's "anger." It is believed that Jun continue,) to Ile angry at Rachel, I lis Unger is obvious liom the interviews and the history. The children report that their father does not direct anger towards then[, either In the lirrnn oflik(ing or yelling. Nonetheless, Jon's Unger Is present and rakes Itselfu pint oi'the relationship he has with Rachel. The children reported that it is their mother who is more apt nt hit them, yell at them and respond with Impatience to them. She appears to be more volatile. Furthermore, It is clear that Rachel and lefllalk Willi little Inhil)ftion fn a negative and derogatory manner alxwt Jun fn liont of the children. The Impact Is to Hake the children sad, anxious and angry, Similar behavior is demonstruted by their father, tut to a lesser extent. What is equally negative ulwut their tether's environment is the invocation that the children are not to tell their mother what happens at hIs house, First of all, to expect children of these ages to carry secrets of that nature is unfair and unrealistic. They will Inevitably break down, spill the beans and then Icel guilty and shameful aller their indiscretion. Secondly, the very nature ol'the request suggests that certain activities need to he hidden because they are "wrong" or "forbidden" ht their mother's eyes. 'tile consequence is that Rachel liars that the children are Ixing exposed to dangerous or inappropriate activities and she loses trust It Jon and I.Isa, lershey Y. Calanan Page III In spite of Ilse Issues that have lien discussed, the children tire doing remarkably well. Although Jon expressed concern about the children's academic perlirrntnnce, the reports front the schools and teachers are very positive. The children's bxhnvior Is excellent and their grades are mostly in the A, 11 and C range. For the most part, they do their homework and study for their tests. 'their utteadonce Is good, Both parents value the importance ofeducation and stress that to the children. the children tire physically healthy and display excellent hygiene and sell' care skills. The children report laving good relationships with each oftheir parents and step-parents. It is noted that the children tire experiencing emotional reactions to the conflict Ixtween thelr parents, t)nfurtunntely, their parents spend so much time blaming one another lbr the stress that the children tire under that they do not assess their own txhnvior and note how they are putting the children Into the middle of their conflict. It is positive that the parents have begun Co. parent counseling with I)r, Ilonnic Howard to discuss how they can work more ell'ectively together liar the good of the children, That counseling should continue until these parents cull communicate more cllectively with one another. Secondly, it would lie benclickd bur the children to be In counseling, especially If the conflict between the parents continues. Each child reports Iceling stuff about the conflict and their exposure to it, Tyler Icels in the middle and ollen questions his own desires, like around 1'uotball, because he does not want to offend his linher. Additionally, his mother and Jell's continents about his Iinher cause him considerable sadness and anger. The saute is eve Ibr Sara and Lnnlly. They do not like to hear either of their parents talk negatively about the other parent, The fighting between their parents confuses them and nukes them anxious. in spite of these problems, the children enjoy the (line they spend with each oftheir parents. Although each child Indicated that they would like to spend some greater amount of tine with their linher, they also Indicated that they are contlbtynble with the current schedule, Given these binds, it is recommended that (here be no change node to the current school year schedule. It does not appear that the risks associated with it change would lx worth the possible rewards. It would Ix dillicult lbr these children to change school districts and have to establish working relationships with the variety of support stall'assigned to the new school, In addition to academic responsibility, it is expected that each parent shall insure that the children are taken to their respective activities during their custodial time periods. Activities have already been established liar the children and, as long as the children want to continue to participate, should bx maintained. New activities should have the approval ofWth parents, especially if the activity will interfere with it parent's custodial time. It Is further recommended that the parents share custody of the children during the summer months. That can be done in one of two ways. Either the parents can use an alternating weekly schedule liom Friday to Friday, or they can use a schedule whereby the children are at their mother's house every Monday and Tuesday overnight and alternating weekends IPom Friday to Monday. I lelshey V. Calanewl 1'080 19 They would then be with their ILther every Wednesday sill Thursday overnight and alternating weekends Itom Friday to Monday, The latter schedule "co it nwre dlllicult to plan a weeks vacation, but nmy he more consistent with parental work schedules, If the schedule Is changed to sheared in the summer, there Is nw longer any necessity to have four non-consecutive weeks of visitation as pan of the custody order. ArnwW. T. Sbienvold, Ph.D. Dote Exhibit 6 I WIIEN I1nrou,yVlmbey,Noll keel I011mukV'huiull'l Nt,'rnNI hit mu for cuNUdy Ilepmy wpd tune 7,1004 LlaUlaCA'1'h. QU ? r 1, Marla p, Cognetti, Esquire, Attonicy for I'luindif herein, do hereby certlly that on this date I served the foregoing Plahnilft's Pre-'IYhnl Memorandum fur Custody hearing by hand delivering u true and exact copy thereof to Def'endant's counsel's ot7lce at the following address; Carol J. Lindsay, Esyuirc SA IDIS, SUUFF, FL011 ER & LINDSAY 26 West High Street Carlisle, PA 17013.2922 MARIA 11, COONETTI & ASSOCIATES Date; June S, 2004 syt MARIA 1". COOE1jn, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp !-till, PA 17011 Telephone No. (717) 909.4060 Attorney for Plaintiff JON C. HERSHEY t IN THE COURT OF COMMON PLEAS Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA /,?/',• ill ir.o'`.! i/Pr V. ; NO, ; RACHEL R. HERSHEY CIVIL ACTION - LAW Defendant t CUSTODY ORDIB_ LOUBT AND NOW, [Atw 1996, upon consideration of the attached Complaint, It Is hereby directed that the parties and their respective counsel appear before A1L the Conciliator, at '- on the day of .J_ c.nwy log,?, at 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 ilia Issues to be heard by the Court, and to enter Into a Temporary Order. All children age five or older may at the request of either attorney or party, be present at the conference, Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, i J By: V"` x6?tL Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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 Court House, 4th Floor Carlisle, Pa. 17013 (717) 240.6200 1, 'r'( ii 1!1 Ir' I 1; ;'t I,, ?` I I t?l del /fth- 'Il/r PETER J. RUSSO, ESQUIRE PA Supreme Court ID; 72897 81 West Louther Street Carlisle, PA 17013 (717) 249.2721 JON C. HERSHEY Plaintiff V. RACHEL R. HERSHEY Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY, PENNSYLVANIA . NO, CIVIL ACTION • LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Jon C. Hershey, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following In support of Plaintiffs Complaint for Custody: 1, The Plaintiff Is JON C. HERSHEY, residing at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant Is RACHEL R. HERSHEY, residing at 90 Mein Street, Arntevllle, Cumberland County, Pennsylvania, 17303. 3. NAM Plaintiff seeks custody of the following children, Tyler Jon Hershey 90 Mein Street 4 years old Arntsvllle, PA DOB: January 2, 1992 Emily Gas Hershey Sara Rebecca Hershey 4. The children were not born out of wedlock. Hershey, who resides at 9o Main Street, Arntsvllle, PA. 6. The children are presently In the custody of the Defendant, Rachel Rebecca 0. Since their births the children have reslded with the following persons and at the following address; Name Defendant Plaintiff and Defendant Plaintiff and Defendant 7 90 Mein Street Arntsvllle, PA 90 Main Street Arntsvllle, PA Address 90 Mein Street Arntsvllle, Pa 40A Old Stone House Road Carlisle, PA Forge Road Carlisle, PA 2 years old DOB; May 9, 1994 2 years old DOB; Mayo, 1994 Datfs November e, 1800 to the present November 1992 to NovemborO,1996 January 2, 1992 to November 1992 The Defendant, the mother of the children, Is Rachel Rebecca Hershey, who resides at 90 Mein Street, Arntsvllle, PA. She Is married. S. The Defendant currently resides with the following persons: Name Relationship Becky Skillon Mother Tyler Jon Hershey Hereon Emily Gas Hershey Her daughter Sera Rebecca Hershey Her daughter 9, The Plaintiff, the lather of the children, Is Jon Carl Hershey, currently residing at 40A Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, He Is married, 10, The Plaintiff currently resides alone, 11, Plaintiff is participating as a perry or witness, or In another capacity, In other litigation concerning the custody of the children In this or another court, The court, term and number, and Its relationship to this action is: 96-6196 Civil Term 12, The Plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction. 13, The Plaintiff does not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 14, The beat Interest and permanent welfare of the child will be served by placing legal and primary physical custody of the children with Plaintiff, WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the minor children be placed with Plaintiff. Respectfully submitted, Peter J, Russo Attorney for Plaintiff _ Date; J 0 _115194 ympic"OH I, Jon C, Hershey, varify that the statements made In the foregoing document are true and correct to the best of my knowledge, I understand that false statements herein are made subject to the penaltles of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, L'/' ?-4wj Jon ers ey Date?I?? i.n .J I A D ? ?l v ?7ON C. HERSHEY, Plaintiff V RACHEL R. HERSHEY, Defendant r riN THE COURT OF COMMON PLEAS Or ICUMHNRLAND COUNTY, PENNBYLVANiA I rCXVrt ACTION - LAW I tMot 96-6901 CIVIL THAN f IN CUSTODY COURT ORM AND NOW, this?l day of Al, , 3997, the Conciliator being advised that the parties have reach an agreement, the Conciliator relinquishes jurisdiction. "UMV.91. As V114U] p O Custody Conciliator lit', i ? ? ? i • p Lli f rr fir' ? ' l ) 11 R. ? ') y?c .r ?l ' rn ?.; VY ' ,' ? ti ? Ci ? r? ',., I. 1 V i r; !ON C', III?ItsIlRy IN fill. ('UUIt'f OP t'ONt11t)N I'I.I!Ati (1P VI.AINTll11; 1 c'uMlll•:ItI.ANI)rO1?N'll',DI•.NNti1'I.VANIA V. 1 94.0102 t'IVII.ACIIONI.AW I RACIIIII.IC CAI.AMAN, POItMI'.ItI.Y RACIIIA IN (1111( DY it. 111:0111W 1)1;1'ITgAN'I' OIU)hIt OF 0)URT AND NOW.. -- __.1'rlduyt Nwv(9nher 01t 2002 up011 cansideralialt of the attached Complaint, 11 Ih Iteirhy durcleJ that pnr0es unJ Ihen rchprcuvc counsel appear helbrr Ihlherl X, (illroy, Fill, lilt! cnneillator, al 4111 hlaor, Cuntherlund foamy Cowrlhoabe. Carlhle ctn hul•eduyt Novelttber 1412002, ul .9130 ANI lur a I'tr-I Icnring ('untoJy (nlllerellee, At hitch colllel'ellce, an ellurl +vlll he saute 10 resolve the Issues ill dispute; of ilry If Ihls consul be accomplished, bl deline and nano+v the Issuch to be hcnrd by the court, and to elite Lill) a lempol order. All children age live or older miry alho he preholl at the cnnfcrence. I allure In uppeur at the conference nuly provide grounds for entry of ti Icmpurary or permmment order. The court hereby directs the parties u1 1'urnlnb any and lilt ezlstb)µ Protection b'ant Abuse orders, i3pecbd Rellerorders, will Custody orders ul 1111 enneillmor 4N hours prior Ul scbethded bearllllb I-Olt 'I III' COtIR'I'. CtISInJy (lllttdltllgl' 'I'he Court 01'Ca111n10n [Tells of (lunherhnld Counly is re,luired by Iaw III comply Willi the Amerlcuns with hisubilltes Act of 090. Par inlurnuuiop shout uccchsihle litcllitics and rcns0mthle uccontnw(utirnts wvniluhle lu illAI11deJ individuals having b(lstness hel(We the court, please contact Our 0111ce, All nrrnngcntcnts must he Imide lit least 72 hours prior to any hearing Ill. husbtcss hcl'are the court. You must alien( the scheduled conference or hearing. NOT YOU SI101Jl.l)'I AKI; I I[IS 1'AP R It) 1'(ltlit A I?IORNFY A'I It: Yc)t11)() IIAVI: AN ATyoItNIiY Olt ('ANNO'I Al fORII ONl., (i0'I O Ult'I1.I.I:NIIONP.'lllp. OhPI('li Sls'I' hOR'I'II RI':I.()W'Io I INT)OII I WIIhRI'. 1'(W I'AN (il:l I.li(iAI.III'.I.P. ('umherhunt ('uunty Mu Associatl0n 2 I.therty Avenue ('arlisle• I'ennsylvunta 17013 fclephome (717) 249.31(16 01 I ( i // y dl.> t??fv, ?a clra? ter., iR? -?dflre>c, ?? t ,: i i 1 ?r?t?a(??111 II Il r I ;' ?. I 1 it , k 1 ' A , Irc ! FI r51 { ! - 1 ft =1`I ? ! 1 1 1 If,? 1 21 I Yi+f it 1:? )6 A Ii 1 1 I ?(1 ? it `??. s?i I 1 „ , i I I ? I J p. 44{{ 1 il?ll 1 1 1 i 1 ? 1 1 r J?!l1,JJ1 ,1,1' 1 , I '1 I 1 '.I ' i 1 II 1!d !1 .' 1 ? '1 kl3'n 1-` ' , I, . III 1 I ? 415k4' R -? l' . `'i ! • I yyt l. 1 4u Iln '.i 41 ' 41;1+1'1 ,1 ? t1 11 I y " r I 11. { r l 1 'I ){ , 1 1 l il I ' I r l 11 ( . I t ' 11 `1 IY ' ? i_',F 11411 i l ? 11 : ? . Itl I I ? 1 1 I ?' I i : J kli i I ? rt ) 1. , I 11 V. I ,!t\ I 1 ? I it pp f (klr !' I ? 1'" I I ? I ' I I , I i, ltil li 1 I II ' 1 111 ? ' I ' ' p FLf 1 1 ? i I 1 1 , i - , j p h( ? t ? 1 I I e tl I I it (I?r l Hl . I' ?1 9, , i 11 ll ! , _ J 111 - , I , I I'??iiik 77gqttpp E+I 1?? ,. k? I -1 ?? ! k r 1. , I 11 ? ? TpI 1 t " , I- , P IY it{J it 1) , !A 1 ? . y + r 14 I , )OU G/ JON C. HERSHEY, t IN THE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 96.8302 CIVIL TERM RACHEL R, CALAMAN, formerly Rachel R, Hershey Defendant CUSTODY ORDER OF COURT AND NOW THIS . _ day of 2002, upon consideration of the attached complaint, it Is hereby directed that the parties and their respective counsel appear before . Iho conciliator, at ._..__ _ on the day of 2.002 at A M /P M . for a Pre- Hearing Custody Conference At such conference an effort will be made to resolve Ilia Issues in dispute; or it 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 ago five or oldor may also be present et the conference Failure to appear at tho conference may provide grounds for entry of a temporary or permanent order BY 'THE COURT, BY Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 111LIBI attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OF 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)249-31G6 JON C. HERSHEY, ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA va, NO. 00.0302 CIVIL TERM RACHEL R. CALAMAN, formerly Rachel R, Hershey Defendant CUSTODY Off-ENDANLISOMP_LAINT-W MWIFY_C_I,Ie DWY 1. Plaintiff is Jon R Hu, shey, an adult individual, currently residing at 40A Stone House Road, Carlisle, Cumberland County, Pennsylvania 17013 2 Defendant is Rachel R Coloman, on adult individual, currently residing at 100 Shirley Lane, Bolling Springs, Pennsylvania 17007 3. Plaintiff seeks custody of the following children Tyler Jon Hershey, age 10, born January 2, 1992, Emily Gaa Hershey and Sara Rebecca Hershey, born May 9. 1994 The children were born during the parties former marriage The children are presently in the primary custody of the Plaintiff with partial custody in the Defendant. A copy of the existing Order is attached. This Order was based upon a work schedule for the Father which has since changed. For the past year or longer the Mother has had the children in her care for the large majority of the time During the past five years, or since the children's birth, they have resided with the following persons at the following addresses (a) from mid 1998 to the present with the Defendant/Mother and her husband, Jeff Celamen, and his daughter Heather Calamen, age 17, with times of temporary custody with the Plaintiff/Father and his wife, Lisa Hershey, at 40-A Old Stone House Road, Carlisle, II PA. (b) from 1997 to mid 1999 with the Mother at Cockley Meadow Road, Dolling Springs, PA, The natural mother of the child is Rachel R Coleman. She is married to Jeff Calaman The natural father of the child is Jon C Hershey. He Is married to Use Hershey 4. The relationship of the Defendant to the children Is that of natural mother 6 The relationship of the Plalriliff to the children is that of natural father 6 The parties have parlicipated in a court proceeding concerning the custody of the children in this Court as evidenced by the attached Order. Defendant has no information of a custody proceeding concerning the children pending In a court of this Commonwealth Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best Interest and permanent welfare of the children will be served by 4 granting the relief requested because (a) The mother has been the primary caretaker of the children since their births and is capable of providing the care the children need (b) The mother desires to have a court Order that accurately reflects the status quo for the past year and a half that she has had primary custody of the children and to arrange that she would have custody of the children on alternating weekends, as the existing Court Order has riot been followed by the parties in excess of the past year and a half •I'11'1?? ,M ,IA 8. Each parent whose parental rights to the child have not been lerininaled arid the person who has physical custody of the child have been named as parties to this action All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to Intervene. NAME. ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to A) grant primary custody of the children to the Defendant/Mother with an alternating weekend schedule with each parent, B) grant tines of temporary custody to the Plaintiff, and C) grant such other relief as is just and in the best interest of the children. Respectfully submitted, I Robert L O'BFlen, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Date: (717) 249.6673 I verify that the statements made In the foregoing Complaint To Modify Custody are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C.B. § 4004, relating to unsworn falsification to authorities. IF I on L Rachel t?a amen DATE, robldomlcel amcue.mod I' i ?- q 11', Ir' ?i n? l z 1 a ?J ION C. III:ItfiIIIiY IN 'I I Il- COI 110 OF COMMON 1111AS 01; III .AIN' III I t IIMI1110 ANI) ('01 IN I Y, III.NNSY1.VANIA V, t 96.111302 CIVIL ACHON LAW RACIIVI. It. CALAMAN, 4/K/A ItACllla. It. 11WISIMY t IN Cl.INIODY DVITNDANT r ORDER OF C OUIVI' AND NOW,_ ,__.___._Mumluy,_I)ecptpber 09,.20.0.2 ., , upon consideration ol•Ihe attached Complaint, it is hereby directed that parties mid their respective totinsel appear before Iluberl X. Ctllray, kaq, the concihalor, at ._._ 41hFluarlCUmh?rlwnd_('9jumycuurtllause,0rllele tin Thureduy,Jwnupry0212003 tit HIM Alf bo a Pre-1leurmg Custody C'onlerence. At each conference, an c0orl III he etude In revolve tile Issues In dispute; or tt'dns cannot he accomplished, to define and narrow the Ksnee to he heard by the cowl, and it) enter into a lemporory order. All children age live or older nay also he prexnt at the conlercnce. Fedul'e m appear at the conference nuts provide grounds lire entry of a tempoi'm'y or peromutenl order. The court hereby directs Ilse parties to furnish any and all ezisibig Prateellml from Abim orders, Special Ballet orders, And e'uslady orders le Ilse conelliadn• 48 hours prior ro scheduled hearhtp, I.Olt'I'l Ili cUlllt'I', Ily, A/ Unbert X, Gilroy, Esq. custody conciliator The Court ol'Conmtwt Picas afCumherland county is squired by law to comply with the Americans with Disubilites Act of 1990. For Inlornmmstill about accessible Ism lilies and reasonable accunmmodutIsms uvullable to disabled individuals lowing business belbl'e the court, please contact nut' 1)1, ice. All an'angements must be mode at least 72 hours prior to any hearing or business belbn the court. You must attend the scheduled conicrence Ili- hearing. YOU SIIOULD TAKIi THIS PAPI'.R 10 YO1lit ATI OltNI;)1 AI'ONC'R. IF YOU DO NOT I IAVI'. AN A YORNEY OR C'ANNO'T AFFORD ONIi, 00 10 OR J 1:11111 IONI: THE OFFICE SET FORTH 1111OW •I O FIND OtJ•I' WI IISRI: YOU CAN cil•.'I' ITOAL I IFI.P. 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''d:-1 ri'i a r'r I I, ,I I v1 4 p' YI ?II h i .I r 1. r.;6 r ?1 I rr r 75.`?l U L r ?' , 1 ?... r I I I 1 r l r' r I:II W,r , IL I. r l 1 I ''V r „' _ , :i 1 1" I 7?'1 1 r j97r rY r II ??1 ?}?'1l T J( 1 .?( ' ' 1 I '•. . ' r r 1 11. r. }.g` I 't r'1 ?1'rl'? 2 1 I e.? r I I I?' 1 111 II IPr?f ?r ' 1?-7k1('? 1r1?JVI 1 r 7 It 1 yt j'r t 1 i ' I -! I u11 ?' lil 1 j{•v1l?dllrii it ' r1 I. I i ? -r 'p. Ir I 11 Ilt 'rl Y:?1 MARJA R COGNL''ll'i & ASSOCIATES Anornoya o Co=torr of !nw J ? ! ? 210 Urandvlew Avenue, Suite 102 Camp H111,'FA 17011 x (717) 909-4060 Fax (717) ON-408 'r'wf I ,, JON C. I IERSIIVY, I'h?htth)iPethloner RACI II?I. it. CAI.AMAN, likht RAC'111i1. It. I IliRsl IEY, helendunt/Itcspundent IN TI IF COURT Of COMNION 111.1? As C'l1MHf.ItLANI) Ct)lIN'I'1', I'I?NNSYI,VANIA NO, 96.6702 CUSTODY NO. 121') SUPPORT 199(i OI{I)Ilt OF COUIYI' AND NOW, upon consideration of the attached Petition to Modif'y Iixlsthig Custody Order, It is hereby directed that the purdes mid their respective counsel appear helbre , Esquire, Conciliator, nt the Pennsylvania, on the day of 2002, nt --------_...... _- .m., hir a I'rc-I fearing C ustudy C'nnlerencc. At such conference, an Mort will be nwde to resolve the issues In dispute; or. II'tltis cannot be accomplished, to deflne and narrow the Issues to lie heard by the Court, and to enter h?to a temporary Order, All children age live or older may nlsu be present tit the conference, failure to appear at the confeence may provide grounds for the entry ol'a temporary or permanent Order, FOR TI IF COURT DATFD: Custody Conciliator YOU SHOULD TAKE. Tllls PAPER TO VOUII L.AWYF.It AT ONCE., IF VOII DO NOT 11AVE A LAWYER Olt CANNOT AFFORD ONE, GO TO Olt'L'ELEPHONE T11r: OFFICE SET FORTH BELOW TO FIND OUT WHERE VOII CAN GET LEGAL HELP, Cumberh?nd County Bur Assoclntion 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MARIA P, C'OGNFATI & ANNOCIA'1'F,S MANIA P. COGNVA-1'1. ENQUIRE Attorney I.D. No. 27914 210 tirondvlew Avcoue, Su1le 102 Comp I IIII, I'A 17011 Telephone No. (717) 909.4040 Attorneys for Plnbufllipc0iluncr JUN C. III?RSI II.:Y, 1'111111111171'etitioner v. RACIII 1, it, CAI.AMAN, 1710u RACIIEL It, IILiRbl ll?Y, DclendnnUltespondent INTI IF, COURT OP COMMON PLEAS CUMBERLAND COUN'I'Y, PrNNSYLVANIA NO, 96.6302 CUSTODY No. 1219 SUPPUIt'I' 1996 PET111ION TO MODIFY PAINTING CUSTODY ORDER AND NOW, conies Petitioner, Rm C. Ifershey, by and through Ills attorney, Muria U, Cogncul, Esquire, and Illes this Petition to Modify Existing Custody Order and In support thereof, avers as follows: Petitioner is Jon C. Ilershey, who currently resides at 40A Old Stone house Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent 1s Rachel It. Calmman, who currently resides at 109 Shirlcy Lune, Boiling Springs, Cumberland County, Pennsylvonin. 3. Petitioner mid Respondent are the parents of three (3) minor children, nunnely, Tyler Jon l lcrshey, born January 2, 1992, Emily 0aa Hershey, born May 9, 1994 mid Sara Rebecca Hershey, born May 9, 1994, d, 'there Is lVeWily an exlsth)g Custody Ordur In this alauer dated February 19, 1997, turd docketed ill the obove, term and number, 5. Pursuant Io sold Order, the parties had shared legal custody ol'theIl' n)Ilu)r children, Respondent had primary physical custody and Petitioner had periods ol'pnrlinl physical custody which was based till if complex work schedule. hl August, 2001, 1 Iushllnd lost Ills jtih, Ihu }oh upalt witch file schedule had heel) hayed, 7. In approximately September, 'I()() I, Putitimler and Respolik ent had agreed it) modily their Order. Pursuant h) their agreen)cnt, Petitioner wns to have custody on all weekends. H. Respondent has since reneged oil her agreement. d, Pclltloner helleves laid therelure avers, that It Is in the bust interest of the nihwr children thut this Custody Order he modified lur the fbllmOlly.. rcustins; Ill Petitioner has scriims concerns with regard it) Respoadctil's ability to address the chil".01l's academic and behavirn•al nccds. b. Petitioner is if lit parent laid Is equally available to die children, c. Petitioner is desirous ol'having the children on it primary basis. d. The children's bust Interests would he served if Petitioner had primary physical custody ol'the minor children. 10. Petitioner believes and therefore avers that it Is Ill the children's hest Interest that he be awarded shared legal and prhmury physical custody ol'the parties' three minor children. WI WRlIFOR1{, Pelilloner prays this I lonorable Court grunt him shared legal and primary physicul custody WIN alirrementioned minur children, RespcoUly Submhted; MARIA P, COGNEII I & ASHOCIA'TCS Date: November 07`;', 2002 1) y: MARIA 11'ra pot-1.1, k.SQuIlm Attorney I.D. No, 7914 210 drandview Awme, Suite 102 Camp Ifill, PA 17011 Telephone No. (717) 909.4060 Attorney I'or Phthmill7Petitioner CERTIFICATE OF SERVICE I, Maria P, Cogneul, Hsyuire, Attorney l'or Pluhttiff/P titloner hereht, do hereby certify that on this date I served the loregohng Petition to Modify Vx1ming Custody order by depositing a true and exact copy thercol' hn the (billed States mail, Orst cluss, postage prepaid, addressed us lollows: Robert I., O'Brien, lisyuire O'RRICN, BARIC A4 YCHERER 17 West South Carlisle, PA 17013 MARIA 11, COGNETTI & ASSOCIATES Date: November , 2002 BY: e 1', COG CIATES Attor ney I.D. No. 27914 210 Grandview Avenue, Suite 102 Cunnp 11111, PA 17011 Telephone No, (717) 909.4060 Attorney for PluintlIPPetitioner 1 1 c w Qu? ??J JUN C. I II?RSI IFY, I'Ininlll)' vs, RACI IFI, It, CAI.AMAN, lornterly Rachel It, I lershey, Delendam Dcur Prothanowry, IN TI11; Cot JltT OF COMMON PI.I AS OF C UMIJAM ANI) cUUrv I Y, I•I941Nr$T1,VAIVIA No, 90.0302 CIVIIAVRM CUSTODY PRAl"ClIT TO CIiANQI; COUNSM., Please withdraw my appearance us Counsel for Rachel R, Culunwn, Delendmu In the above captioned action, Date: Itespcctlblly submitted, Robert L, O'Brien, Esquire U'IJRIFN, BARIC & SCIiL:RER 17 West South Street Carlisle, VA 17011 (717) 249-6871 Please enter my appearance us Counsel for Rachel It, Column, Defendant In the above captioned action, Date: Carol J. Hndsay, 26 West Iii It ' m Carlisle, PA 17011 (717) 2416222 ,? ,. r1; ICJ r: 'r ? r`1 r'r n7 ! IfJ ?;; ?. ., _ ;'r?u .., :,; JON C. HERSHEY t IN THE COUNT OF COMMON PLEAS Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA t V. t No, 96-6302 RACHELR.HERBHEY I CUSTODY Defendant t No, 1219 SUPPORT 1988 AND NOW, this day of February, 1997, upon consideration of the attached Stipulated Custody and Support Agreement, IT IS HEREBY ORDERED AND DECREED that the terms of sold Agreement shall be Incorporated and adopted as an Order of Court, J, DEFENDANT'S EXHIBIT In TTRE COPYFROM hare RECORD and the seal of said Court at Carlisle, Pa, This.../. `L day of MNNINIINrIrM1?({, ?;(, ?.:,.. ?4.??rrr aL'^}{W'/_?a'L' Prothonotary N_ JON C, HERSHEY Plaintiff V. RACHEL R, HERSHEY Defendant I IN THE COURT OF COMMON PLEAS CUMISERLAND COUNTY, PENNSYLVANIA I NO, 06.6302 CUSTODY NO, 1219 SUPPORT 1906 AND NOW, this I ._ day of February, 1997, the parties having attended a recent child support hearing, and having canceled an upcoming Conciliation Conference before Hubert X. Gilroy, Esquire, and having further reached agreement with regard to the best interests of the subject minor children, Tyler Jon Hershey, born January 2, 1992, Emily Gas Hershey, born May 9, 1994, and Sara Rebecca Hershey, born May 9, 1994, (hereinafter Children) the parties have entered Into the following STIPULATED CUSTODY AND SUPPORT AGREEMENT: WHEREAS, the parties are presently separated and living In seperata residences; and WHEREAS, the parties to this action acknowledge their respective roles In the ongoing development of the subject Children; end WHEREAS, the parties are desirous of entering Into an agreement setting forth their custodial rights and responsibilities; and WHEREAS, the parties are desirous of entering Into an agreement setting forth their support obligations. NOW, THF.RF.FORE, In consideration of the Children's best interests and the mutual covenants, promises and agreements as hereinafter set forth, the parties hereto, each Intending to be legally bound hereby, do stipulate and agree as follows: a. The parties shall have point legal custody, as each party shell consult with the other restive to all important decisions concerning the Children, such matters as health, education, and religion, 2. Rachel R. Hershey maintain primary physical custody of the Children regardless of the number of hours of visitation provided to Jon C. Hershey, 3, Jon C, Hershey shall be entitled to periods of physical custody, for purposes of visitation, as the parties mutually agree, which at a minimum shall Include: the night sl ift heHfollonwing ovisitaltionf rscheduleoshall e, peek while weeks when constitute the minimum visitation: Frfdeys, G:oo p.m. until Sundays at, 8:30 p.m.; and (2 Mondays and Tuesdays from 4:00 p,m. until 8:30 p.m, b, peek wthe hile on weeks n ght shift, heHfolllow works sched end" of the constitute the minimum visitation: (t) Mondays, 6:00 p.m. until Wednesdays at 8:30 p.m.; and (2) Thursdays, Fridays and Saturdays from 4:00 p.m. until 8:30 p.m. C. week while on the weeks llen Jon C. Hershey works the "front end" of the constitute the minimum visitation: (f? Wednesdays, 8:30 p.m, until Fridays at noon; and (2 Sundays, Mondays and Tuesdays, from 8:30 p.m. until 8:00 a.m. the following day. d, week gwtile eeks hile on day hen shiftn tile lffollowing works the "backscheend" of the constitute the minimum visitation: (1 Sundays, 9:16 p,m. until Mondays at noon; and (2? until a.m. ursdas ingdayridays from 9:30 P.M. 4, Each party shall have up to four (4) non-consecutive weeks of visitation during the calendar year. Said weeks shall begin on a stated day end time and shell end the following week on the same day and time. 6. Each party shall give the other forty-five (46) days advanced notice of their intention to utilize their rights to under section 4 of this Agreement. 6 In addition to the preceding visittion schedule, the parties have agreed to provide visitation during holidays as provided herein: e. b, C. The holidays listed below shell be divided Into two segments, In even number years, Mother shall have Segment "A" and Father shall have Segment "B." In odd number years, Father shall have Segment "A" and Mother shell have SegPment "B." Visitation on these yb shall be from :00 am, due to their work schedules. sr as otherwise agreed eed upon by he parties shall include subsection Vet of h Day and Labor Agreement which Holidays Seg'ment l "A" this Holidays subject to this subsection of this Agreement which constitute Segment "B" shell Include Halloween, Memorial Day and the Fourth of July. 7, The remaining holidayb shall be apportioned as provided herein: e, Thanksgiving shell be broken Into two segments. Mother shall have custody of the Children on ThenksgivlnTg Day until 3:00 p,m, Father will ve custod of the next day l at a mutually convenient pay from 3:00 p b' Fat err shall 11 hlaveeChristmas Day Inloddvnumbered years, end this shall be from 8:00 A.M. until 8'00 RM. 0, Easier shell be broken into two sopmente. In odd numbered years, Mother shall have custody of the Chlldren from 8:00 a in unlit noon, and Father shall have custody of the Children from noon until 6:00 p,rm. In ovan numbered years, rather shall have custody of the Children from 0:00 0.111. U11111 noon, and Mother sholl have custody of the Children IrOm 110011 until 6:00 11111 d. Irrespective to the foregoing, Fathar's Day shall be with Father, and Mother's Day shall be with Mother, and this visitation shall be from 8:00 A.M. until 6 00 P ,M, or as otherwise agreed upon by the parties due to their work srhodulos, B, The holiday schedule shall take precedence over all other regularly scheduled visitation. 9, Father is required to provide Mother with Four I•lundred Dollar (5400,00), which shell constitute Father's full and complete payment of child support up to, and Including December 30, 1996. Mother's signature on this document acknowledges the receipt of the sum set forth In this section. 10 Father shall be further required to remit 'Three Hundred and Twenty Five Dollars ($ 325,00) per month to Cumberland County's Domestic Relations office as child support for the parties' three children. 11. Upon providing receipts for clothing for the Children and day care expenses, Father agrees to pay for one half of those expenses. In the event the parties shell utilize "in home" day care at his residence, Father will pay his required one half of child care costs In addition to all taxes imposed for "in home" day care. 12, The parties will keep each other advised immediately In the event of serious illness or medical emergency concerning the Children and shall further take any necessary steps to ensure (list the health and well being of the Children are protected. During such Illness or medical emergency, both parties shall have the right to visit the Children as often as he or she desires consislonl with the proper medical care of the Children, 13. Neither parent shell do anything which may estrange the Children from the other party, or Injure the opinion of the Children as to the other party, or which may hamper the free and natural development of the Children's love or affection for the other party, 14, Any modification or waiver of any of the provisions of this Agreement shall be effective only if made In writing and only If executed with the same formality as this Stipulation and Agreement. 16. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County does, In fact have jurisdiction over the Issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order, 16, The parties agree that In making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other, 17, The parties acknowledge that they have read and understand the provisions of this Agreement. Each parry acknowledges that the Agreement Is fair end equlteble and that it is not the resull of any duress or undue influence, IN TESTIMONY WHEREOF, witness the signature of the parties hereto J ro?'"'? and witness for and This ,_( day of 4. ??a7 star , usso, Esquire aro\ TLin By. Esquire Rachel Hers ey .ION t', IIGItti1wv, 1'1uh111ff RACIII1, It, CAI,AMAN, formerly RACIIEL It, 1111-3 K111i1', I)efendunl NOV 18 201k ?(' l'ri,'h of ('t1 dli,,7/ I IN'I'IIP: c'OUIt'I' OF c'C)N1Mc)N PLEAS OF cUNIIIERLAN1) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 90.0302 CIVIL IN CUSTODY c!AT 09111111t AND NOW, this 'g (lily of November, 2M2, upon considenltioo of the attached Custody Conciliutlon Report, it is ordered and direrled Ihat Ibis court's prior order of Febnmry 7, 1997 Is vacated Insofar as It reloles if) custody mul replaced with (lie followhlg custody ordert 1, The Mother, Itachei It, Cllhllllan, and the Father, don C. Ilershey skull enjoy shared legal custody of 'Paler doll Ilershey, barn ,l11nunry 2, 19921 Ismlly Gma Ilershey, born May 9, 19941 mad tiara Rebecca Ilershey, born May 9, 1994, 2, Mother shall enjoy primary physical custody wldt Father enjoying periods of temiwl•ary physical custody on alernatlog weekends from Friday tit 4:00 pan. U1101 Sunday 111 110) p.m. 3. In light of the fact 111111 (here are 11 nnmlber of other Issues flim Mother wants to address will respect to Ile custody m•runltement and (he fact that Father did not appeal' at the cusunly conelliatlm conference, a second custody concillatioll conference is scheduled for Friday, Devennher 13, 2002 at 9:30 a.m. At the second cusunly coociliation Conference, Ilse p11rties shall attempt to work out lilt urniogement with respect to a permanent order on ollel• Issues. Father shall not be prejudiced from raisblg any poslion 10111 respect to Ills clabn for custody hl Ills Case lit the second custody comcllla(lon conference In light of t11e fact (1101 Ile Fuller 1as not at tile first Custody Conclliutlon conference. llolever, In the event Pallier does not appear lit tle second conference, lac concllialor Is aothorii.ed to proceed 1111 emering it recommended order based upon Mother's requests. 4. CounFel for Ilse Mother In directed to nerve a copy of thin Order on file leather by cerlilled mull, return receipt requested. BY 1111L COURT, 1/4 T7 ccl Robert L. O'Brien. Enquire Jon C. Hershey 40A Stone House Ruud Carlisle, PA 17013 TRUE COPY FROI?j InCORD r Lurot, I here i an hand In To timony en t e a i i eat Co t et, CSI T.,. . p Pr thonotery JON C, III?RF111:1', rianntirr RACIIP:I. It, CALANIAN, formerly RA(91 I':I. It. I I ERS111:%1, DervlldIIIII Prior .ludget George F, I loffer r IN'I'114:('OIIR') cllCOI?IA1tINIII.6:Ah(N' t CUNIIIIA(LAND COUNTY. PENNSYLVANIA t t CIVIL ACTION • LAYV t t No. 96-0.1102 CI VI 1, t IN CtISTO1)Y CONCII,IATUM CONFIE11 •:NCF: SuININIARY I0-314II0' IN ACCORDANCE Wl'I'll TIIF CUMBERLAND COUNTY CIVIL RULE Olr PROCEDURE 1915.3.110), the undersigned Custody Concllhuor submits the following reports 1. The pertinent Infornrtulon pertaining to the chlldren who are the subject of this 1111gat.ion Is Its rollowst Tyler Jon Ilershcy, horn January 2, 19921 I•:nllly Goa Ilershey, horn May 9, 19941 and tiara Rehecca Ilershe?, horn May 1), 19914. 2. A Cnnciilatlnn Clmfercnce was held on Novemher 14, 2042, with the fallowing Im11Vidatdtc In allelldancet The Mother, Rachel It. Cahnnan, with her counsel, Robert L. O'Brien, ,.squire, The hiller dill not attend, There wns no certificate of service, but Attorney O'Brien Indicated it copy of the Order scheduling file custody concillaflo n conference was sent to the lather by tine Prothonotary. Also, Mother noted that site helleved lather was aware of the scheduled cuslodv conciliation conference. 3. Rased upon the above, the conciliator reconnnends the ellwy of nn order In the Patin Its attached. I)n'??:---- Ilubert X, Gib•o to, l:squire Custody y Cone utor It .1 / slni- NOV 2 7 zuur JON C.114;RS111-A', 1'luhntiff RACIIEL It. CALAMAN, formerly RACIIEL.It.111? 61111.1', Defcndnoll IN 'I'111s COURT OF COMMON I"11,11"AS OF C UMOERI.ANI) COUNT)', I'I?NNSVLVANIA CIVIL, ACTION - LAW No.')4.u:102 CIVIL. IN CUSTODV COUIST.SII I. This Com•l's recent order of November 20, 2(K)2 is vncaled. 2. This Coon's prior order of Februury 7, 1997 is rehnstmed, 3, Pursuant to the slams quo between the purtl+y that hos existed, the Father shall couthn?e to hnve custody of the minor children on weeleeods pending further order of this coort subject, however, to Mother having custody of the children the weekend of November 30, 2002 to December 1, 2002. 4. Father's custody for 'I'hnnlesgivhng this year shall be from 3t00 p.nn, on Thanicsgivhtg Day until 100)11.m, the following morning. 5. The parties and their coums?l shall meet with the custody concillator mn Friday, December 20, 2002 at 8t30 a.m. 111"I'HI?. COUR'T', AND NOW, th(s 2nd day of bcc?.I:X:R__, 201 ulam cnnsidcrallon of the attached Cttslody Conciliation Report. It Is ordered its followst eel 1 S ' J. Ln Georg ..Iloffer Robert L. O'Brien, Esquire a ' Mane I', Cognetti, Esquire TRUE COPY FROM RECORD M I timony whereof I here unto set my herd } of said urt af?arllsle, Pa. n?l 1V1,3 44...,, JON C, HEIRS111,311 1'lah?Ilff v RACHIT It, CALAMAN, formerly RACHEL It, IIEItb11E1', Defcodwri Prior Judget Gwrge Is, I laffer t IN TIII: COURT Oh COMMON PLEAS OIL I CIIMIII-30 AND COUNTI', PENNNYLVANIA t I CIVIL ACTION • LAW t t NO. 96-0302 CIVIL t t IN CUSTODY ?IY?lZ?A?1?2?? ???N?.?I?4?IY?;l?.yJ?1?2?!!3Y_ltlE9li?' IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCIiDURE, 1915,1-80b?, (he undemlgued Custody Conciliator subndts the followh?g relortt 7'he concllbmrr eooducteal a telephone conference call with legal counsel for the parties. Bused upon (lint call, the conciliator recommends stn order In the forn? as attached, 1-2 6L ???- ATE Hubert X. GII y, Esquire Custody Cn liutor , ,u,, m, JAN 1 2003 JON C. IIIASlll?Y, IIh1h111ff RACIIEL It. CALAPIAN, Derell(Illlll IN'I HE COUNT OF COPIPION PLEAS OF CUP41I1?M AND COUNTY, I'IANSYLVANIA CIVIL. ACTION - I.ANY NO, 9u a3n2 rlYlt. IN CUSTODY COU.1 I' Q)O) R AND NOW, this day o1* 3111111111-y' 200.1, uiNm consideration of the attached Custody ColICIIII111m) Report, It Is ordered and dirccled that the priul Custody orders entered ht this case arc vacated and replaced Mill the followlmg custody ol•dert 1, The Mother, Ruche) R. Calomtul, and the Father, ,Ion C. Ilershey, Shall enjoy Shared Icg111 custody of I•yler ,Inn I lershey, horn .bu11nu y 2, 1992{ h:mlly (0,1111 Ilershe),, horn Min 9, 19941 111111 Sara Itehecca Ilershey, Writ Play 9, 1994, 2. Mother Sholl enjoy primary physical Custody of the miner chlidren with Father enjoyhtg periods of temporary physical custody as follows: A. On oltermmhil, tseekends from Friday umtll Plooday loornhtg, wlth (lie Father picking the children up after school on Friday afternoon and delivcrhtg them to school or to Plother, as appropriate, 011 Moodily morning,, (!, Suhsequent to Mother's tteekcnd, Father shall hate Custody with the minor children oo Ptond11y and 'I'aesdo ounhlg 1'rom after school 1111018:00 p.m, C. Prior to Mother's tteekend, Father shall hate custody of the 11111101. children alt Wed11esdoy and 'I'llit 11y oemhtg front tiller school mull 8100 p.tn, 3. The Christmas holiday shall be homdled ttith two Segments, Segment A being from December 24"' 111 Noon midi December 251" of Nona, and Segment 11 being from Decenlher 25"' ut Noon until December 26"' 111 Noon, I11 recognition that In 2002 Father enjoyed Segment A ttfth the Mother eigoyhlg Segment 11, the parties shall ullern11te the schedule for 2003 nod therestrler. A, '11116 Order In III) order lnuerell bused 11111111 1111 11greelllcllf of the pnrllus, Legal Counsel ror the po•tles shall conlhlcl a telephone Conference wllh Ihu conClllaum on hriday, March 7, 20111 at NiN a.m, In Ihls Conference, file Issues In he discilAned 6111111 he whether this order In lvllrl<hlg from the perspective of each party, Addlllonnliy. In the event the plnflcs Ile slulsllell with the general arrongem ew under thin order, the cuncl111unr will work whh the parties In March for purposes of nchelluiillg a more dclallell sumtnel• schedule and hullday schedule, 1•a1her' part% renurvux the right In contact the cntlclllnlor In ndvmlev for file schedulhlg of a cotlrl hco'h1g hl the event Ihnf port) feels the cusfndy al'rnngealenl nut forth above in hulpproprhue, BY Till, Coul 'I', ccl Mario h, Cognettl, Esquire Robert G„ O'Brien, r~squlre MUM- COPY F"110M RECORD In Twlmwil whoroof, I huro unto stl my hand vw t1w of stkt h at W464, pa, Pmthonourr JON C, Ifl 18111-Wi 1'Iwbttlff v RACIIU;I. It. CALAMAN, Defendam Prior Jlulget George P,'. Iloffar IN TIll" COURT OF COMMON 111.4"AS 01, CUI11HEIRLAND COUNT1, PI:NNSYL.VANIA CIVIL ACTION • LAW NO,96-002 CIVIL. IN CUSTODY C9N!l,Ir!'1??N ?'91?!'IzItJ:D'?'k. ti?l[!tMAIfY_)?I11'?11!' IN ACCORDANCE WITH •IIIE CUMIiEALAND COUNTY CIVIL ImI Of PROCI?,DUM 191511-8(1)), the underslgned Cush?dy Conclllmor nubmlls the following report: 1. The conclllntor met with the parties and their counsel and the pariles agreed upon the entry of nn order h? the form os Douched, ;3 ATE I-Fabert X, Glh•oy, Custody Conelllnt APR 2 5 2003 APk P I ZUll3 JON C. III-A t;llENo I'IuhHiff t t v t t RACHEL 11, CAI.AMAN, t I)efendmil t IN'1'lll. COURT Ol CUIIINION PLEAS OF CIIMIII-ALAND COUNTY, PEINNSYLVANIA CIVIL ACTION • LAW N0,96-6302 CIVIL IN CUSTODY cmJA,'I' OI21)ISIt AND NOW, this z7_ (III,- of April, 200.1, upon conNlleralion of the atunched Custody Cmicillatlon Relm.t, IIIIN court's prior order of .1mmary I6, 2003 shall relindn Io effect subject to file followhig modil)cutionsi 1. The purtles shall submit thcnnsedves and the mblor children to a custody esv101111lloll to he performed by Dr, Arnold T. Shieovodd. Costs of file esttlunflon Nhnll be shared equgilly hetwecn the ptirlJes. This shall he till Independent evaluadoa good Dr. Shlcovold shall have the abllk% to shore whit bath parties and thcb• girornc.%s gill results of the milmilloa, Upoll the Wilchisimn of the evalualioll 111111 In file (veal file panics arc ur.nble to reach mi agreement at that particular little, counsel for either pgirq n ay conflict (lie coucllbtlor dlreelly to schedule ginother custody conciliation conference. 2. The parties shall also submit themselves to gill Independent counselor who wpl work will the mother and father nvilh ITSIX t to Coll) mrnicmina skills and other parenting Issues Ilan ma ,v aced Io he addressed. Legal counsel for the parties will agree upon it counselor 1011) will perform tills work. will the costs to lie shared by the p11rtics niter appropriate Insurance dedocilnns. 3. Willi respect In holidays, fine following temporary hoii(Ilny order shall Inc elifel'edt A. The parties shall ollcrome custody oa numJor holidays to include New t'ear's filly, Faster, Melrorbtl Dn), July 4"', Labor Day, and '1'ltualcsglvling. The Ilnefl•alne Shoff he from 9:00 a.m. milli 8:00 p.ai, lather shall have Faster 2003 a'fill the parties altermiling thereafter. The holiday schedule shall supercede the alternating weekend schedule or ray other schedule its set forth Ili the came order. Ily'III 1I." (10111n., 1s/ J &AjLj.j/. cet Carol J, I.indauY, G,aquire Morin 11, Coµnetti, I?squire TRUE COPY FROM RFCCRD In Testimony whereof, I hire unto smt my hand and to renal of seld curt of Carlisle, Pe. Thl ^.,. a Prothan tary JON C, IIERSllla', 1'Irrbtiff RAClli?L It, CALAMAN, Defendant Prior Judget George r. Hoffer t IN'I'lll? COURT OF COMMON PLEAS OF t CUMIIERL,AND COUNTY, PENNSYLVANIA t t CIVIL. ACTION - LAW ; ; NO, 96-63112 CIVI1. t ,IN CUSTODY COIJ?!!?ltl'!'lciNSS?N1J131SNl? tiU?lRlr1?3?' !?!1!'9!x! IN ACCORDANCE WITH THE, CUNIBERI.AND COUN'T'Y CIVIL RULE OF PROCEDURE 1915.3.80), the undersigrted Custody Conciliator submim lite following report; I, The pertinent Information pertaining to file children who are file subject of fills litigation Is as followst Tyler J, Hershey, born .)nnum-y 2, 19921 Daily G. Ilershey, born; May 9, 19941 and Sara It, Ilershey, born May 9, 1994. 2, A Concillatlon Conference was held on April 17, 2(X)3, wIh )lie following Individuals In of enduncea The Mother, Rachel It. Cnlatnan, with her counsel, Carol .1. Lindsay, Esquire; and the Father, Jon C, Ilershey, with his counsel, Marto 11, Cogneld, Esquire. 3. The parties agree that they and the children should go duough it custody evatualimn and legal counsel for the parties shall proceed with making arrautgennents for that evaluation. 4. There is it disagreement with how holidays should be handled. After hearing Will sides slate their position, tine conciliator recommended holidays be alternated In accordance with the schedule as set forth In the attached order, this schedule to be it temporary schedule subject to further modification Iy count order If it hearing is scheduled. 5, The conciliator recommends the entry of till order It the form as attached. DATE Robert X. Gilroy, Esquire Custody Conciliator 1°6h le ou o©losr Nlselor, nMlsnvnld 6 !lean 717-64!1-1416 P, t) EDUCA'T'ION ARNOLD TERRY SHIENVOLD, PII.D,, HCFF, 21:1 L,inglestown Road Harrisburg, 11A. 17110 717.540431.3 Pennsylvania License, # PS-003203-L 1979 University of Alobtm a 1977 Tuscaloosa, Alobwna Major: Clinical Psychology Degree: Ph,D, Speciality: Child Clinical University of Alabama 1976 Tuscaloosa, Alabama Major: Clinical Psychology Degree: M,A, Colgate University 1972 Hamilton, New York Degrcc: A.B, PROFESSIONAL EXPERIENCE Private Practilionej Sept, 1980 - Present Riegler, Shieavold & Associates 2151 Linglestown Road, Suite 200 Harrisburg, PA. Ui ut 1'rglessof January 1996 - Widener School of Law Sept 1997 Clinical Director Oct, 1985 - July 1987 Behavioral Medicine mid Psychological Services, Ltd, Cental Pennsylvania Cardiac Pulmonary Vascular Physicians, Ltd, Lemoyne, PA. E pIAWFF'S EXH IBIT T to 0( Feb Itl tl;f tlnttltln klegier, nhlenvol4 d linen '117-a40-1416 p, Itl La"I ccillflilltan Central Dauphin School District Harrisburg, PA. Co-Director Center for Behavioral Medicine Polyclinic Medical Center Harrisburg, PA. C111LQIlt Cardiac'1'reatrnent Centers Camp Ihit, PA. Aug, 1982 - June 1957 1952.1955 Sept. 1978.1985 diun 11rofcssorsjiiU Aug, 1977 - July 1954 Department of Behavioral Science, Dept, of Family Practice Hershey Medical Center Hershey, PA. &source PsyslnoloWst Ridgecrest Childreu's Center for Emotionally Disturbed Children, 'Tuscaloosa, AL Developing treatment plans for 10 - 13 year old children, training staff in implementation and providing individual and group psychotherapy, PROFESSIONAL AFFILIATIONS Association For Conflict Resolution 2001 Board of Governors, American Academy of Family Mediators 1996 - 2001 Association of Family and Conciliation Courts 1993 - Present Diplomate, American Board of Forensic Exantiners 1996 - Present Academy of Family Mediators - Pruclitioner Mewber 1985 - 2000 Pennsylvania Psychological Association - Fellow 1985 - Present American Psychological Association 1976 - Present 1 ph I El OV nut uue Rleeler, Uhtlenvnld b risen Pa"--3 717-t14u-141Ei WORKSHOP PRESENTAI'IONS; Presenter Ilia Future of Fanny Mediation, AFCC, Chicago, IL. 2001 Presenter Advanced Ethics Forum, AV-CC, Chicago, 1L. 2001 Presenter Family Mediation, Academy orMatriumunial Attorneys, Palul Springs, CA, 2001 Presenter Advanced Ethics Forum, AF-CC, Nov. 2000 Presenter Evaluating Mobility Cases, AFCC Conference June 1999 Presenter Ethical Issue in Custody Evaluation and Mediation Michigan Association Court Mediators, September 1999 Presenter Evaluative Mediation, Wisconsin Association of Mediators, November 1999 Presenter The use of Question in Fanily Mediation Virg=''a Mediation Network, November 1999 Co-Presenter Ethics Forum, Academy of Family Mediators, San Diego, CA. 1996, 1997 Workshop Leader Pulling tine Data Tugether, AFCC Custody Conference, Breckinridge, CO, September 1997 Workshop Leader Evaluative Mediation, Academy of Family Mediators Cape Cod, MA, July 1997 Workshop Lender Integrated Model of Custody Resolution, Association of Family and Conciliation Courts, Clearwater, FL. January 1996 p.II 1'0) 1H UL) nH10ne 11leClar, uhtenvold 6 Mien '717-040-1410 E299 A I)w?el Member Hot Issues in Custody, Pennsylvania Bar Institute Fall 1995 institute Leader Duel Roles in Custody Conflicts, Academy of Fwnnlly Mediators Conference, Cincinnati, OH., July 1995 Presenter Family Mediation - Cenual Pennsylvania Paralegal Association, October 1993 Panel Member Conflicts, Problems and Ethics in Custody Evaluations June 1995. Pennsylvania Psychological Association Annual Meeting, Harrisburg, PA, Workshop Panelist Nigh conflict custody cases; Association of Family and Conciliation Courts annual conference, New Orleans, LA. April 1993 Workshop Panelist Custody Litigation, Evaluation, Mediation, Cumberland County Family Law Division, May 1992 Workshop Panelist The Use of Psychological Testing in Custody Evaluation, Pennsylvania Bar Association, May 1991 Seminar Leader Psychologists in Family Medicine. Society of Teachers of Family Medicine, San Diego, CA. May 1978 Seminar Leader Stress Reduction, Hershey Medical Center Hershey, PA. 1978 Shienvold, A.T. Why research is not done in family practice residencies. Presented at Pennsylvania Consortium of Family Practice Residencies, Hershey, PA. September 1977 Shienvold, A,T, and Resident view of their behavioral education. Association Asken, M.A. of behavioral Sciences in Medical Education. October 1977, p,IP I,•b lti OV rlnt ln• Ringlnr, t1ht•nvold 6 risen 171'7-K4n-141[1 p, 1:1 i`usu- . Shienvold, A.T, Medical Psychology; The role of the psychologist within the hospital, Presented at Nordwastern Association of Operating Roorn Technicians, Harrisburg, PA, February 1978, Shietlvold, A.T. A dual tbcus behavioral science curricl11un1. Syrnposiutn of A13A nlectiug. Toruntu, Own& 1978 PUBLISHED ARTICLES Shicttvuld, Ax, Plunily Practice Residents Perception of Behavioral Science. Asken, M.A. Training; Relevance raid Needs. Journal of Funnily Practice. Cincotta, J. Bryan, TY, Behavioral Medicine; A Review, Primary Cara, Aiken, M.A. November 1976 Shienvold, AT I all IEl oft ot)I lna Wieglar, BNI•nvnld L Mean 717-d40-I41n em" HONORS President Association for Conflict Resolution; The new organiralion constituted from die merger of Academy of Family Mediators (AFM), and Society of Professionals in Dispute (SPIDR), and 'Ilia Conflict Resolution rducution Network (CRENat) Member Custody Evaluatiou'I'ask Force, PA. Psychological Assoc. Past President Academy of Family Mediators, 2000 - Present President Academy of Family Mediators, 1999 - 2000 Treasurer Academy of Family Mediators, 1997 - 1998 Chairman EUlies Committee and Conference Committee for Academy of Family Mediators, 1996 - 1999 Approved Consultant Academy of Family Mediators, 1993 to present Member Dauphin County Task Force to create a parent education curriculum for divorcing parents. September 1993 to present. p.14 e Iticulr'r • tihlavnvll{I ?? AAhlll'I{IIPA CUSTODY EVALUATION I Ihulltpy!IrI.I'bII ?Iv.l? I'I')')) hlrlni,la I ,I'll. hlti hil14 I ,I,h. I A\\ 11„nnie Il.maid, I'll I ) Anll Is Kti9,10q), At s\\, I I A\\. III I) Iwo A ch,udN, Q1, AN. I I `,\\ I1} nuu• save, IJ( AN. I I W Milo Ihncu,, I'h 1) Anil YCIpulo, At's\\. I .`'N. III 1) I?u It hillonrlu, hl v t Ini•?l Ihni, I'h I) tilrpu?l I'hin.,i. 61.1 Kn+e) Ahiemnld.l',\ 1) shnnen IuIA ticllei, I s\\ 11,11%0 It sh-IynrI1, ill) JON C, II11MIFY vs, RAC1II•:I. It, CALAMAN NO. 96.6302 CIV11. Relerred By: Order ol'the Court Coneilialor lullimi ng it conciliation on April 17, 2003 Rel?rral Reasow To conduct it comprehensive ewsiody evaluation and to nwke recommendulions regarding the most appropriate custodial nrnungemems lin•'I•yler Jon I lershey, 1)(313 1/02/92, Sara Rekeea Ilershey and Foilly Cluu I lershey, Ut)li's 5/09/94. Individual Interviews: Jon Ilershey Rachel Culunlun Jellicy ('1111111101) Lisa I Iershcy 'T'yler C'ulanwn Sura Colonial tinnily Culantmn 7/31103, 8/27/03,9/16/03 7/H/03, 8/12/03, 9/16/03, 9/29/03 9/16/03 8/21/02, 9/30/03 8/21/03, 9/30/03 8/21/03,1)/30/03 10/02/03 10/2/03, 11/25/03 Psychological TestIng: Minnesota Multiphusic Personality I venlury2 (MMpI.2) *Jon Ilershey "'Lisa I lershev *Itachel ('uluntwn *JeIrCalwnwn Rricklht Perceptual Scale MPS) *Sara I Iershcy *'1'yler Hershey *Emily Ilershey 2151 Linglestowl Road, suite 200 • PLAINTIFF'S EXHIBIT Ilarrlshurp.l'eaa,%l\ ulu117111) 17171>d0.111,4 • In,:(717) 5•!tl•I•Iln l?M111-i'_ rrB 0!; 2004 ..l ?'liIJUU I lershey V. c'ulnllunl Page 2 Iconic Study: liach parent's home was evultmed li r adety concerns and the Ihoilly In each home was observed Interacting with the children, Additional Inlbrnnution, I, Court Order dated January 16, 2001 2. Order Jared Fchruary 19, 1997 1, 811pulmed Custody and Support Agreement dated February 7, 1997 4. DeMidnnt's Complnhn To ModllS C'unlody Illed on ltehull'ol' Rachel (alumni dated Octoler 29, 2002 5, Court Order doted Noventler 20, 2002 b. Coucilhnioo Conlerence Summary Report doled Nuvem1wr 11, 2002 7. Petitioo To Modify Exlsthlg Custody Order filed on beltall'of Jun I lershey dated November 22, 2002 8. Court Order dated Deca:ntler 2, 2002 9. Respunsc To Petillon 'I o Modify F.MmI tg Custody Urdcr filed on Ixlwlfof ICuchd Calaman 10, School records lbr Emily and tiara I lershey from South Middleton School District The recommendations at the conclusion ofthis repxtrt arc Ixased on all ol'these sources of InIbmtntion. Backgrmindt 'T'yler, Sura and Emily I lershey are currently in the primary physical custody ot'thcir mother, They have periods ol'purthd custody with their fisher un allernaling weekends from Friday alter school until Monday morning and two cvcnhtp per week, either Monday mid 'ruesday, or Wednesday utd Thursday fhmm 4:00 p,m. moil 8,00 p,nt. There have been several 0erutions ol'the current Order duthtg back to the th»c Iltat the parents separated in 1996. Initially, Rachel and Jun shared custody ol'the children dependent upxm their work schedules, I let hlwy ?, tlllnnuul 1little .1 Por it hriefperiod 111 the I till o1'2002, Jul1'n ihne %%1111 the children Nis reduced to 1111c1'nalhge weekendk pilmmIIy Ivemise Ile was lilt I III allel111111We al 11 0111cllhtlott eunlirence Ihal was held iII Nowlil er, I lowe%cr, Ills p1'e%Ilous cunhidy mis restored III Ille January, 211113 t'ourl t hder. At this tittle, each ohlie parents is requeslinte 11 lilt addlicutit Ill 111 the Current cunwdhll mrtmgemenI. Jun su11ed, "I Nam full Canlody." I le inlllealed 1111111 e Iiels h in 111 the Item IIitacnls oldie children WIWI, lire %%Ilh him and Ihn1 Rachel lime the Children lilt his currem custodhtl schedule. Jun listed multilde re11suns Nhy such it change would Irnelit the children, According w Jon, the Chikhen's education is "sulber 1110, I le dues nut lied 111111 Rachel Narks with the ChHdrell all 1116E lunilework. Jim Ruled Ihal 111111 and hok lire In need ol'nupporl ht Iheh' educuliunal pnlit9mn. I le liels hull Rachel had been lem hill him lout of the decision n11lkhlg, Ile also lelie%Cs 111111 811010 dues nut tike their eduuatiolilt l needs scrioundy Cn011Y..h, Jun Iceln the some Nvy nlwlut Rachel's allentiun Ill the Children's medical needs. According to Jun. ItaChCi dries nut I11ke the Chdhhrn Ia the doctor when Ihey need w go. As an evnnple. Ile hldicmed Ihut tiara had it huge like that seemed inlieled and Rachel did nut like her Io it doelor. I IC noted that [lie children Near glosses aad are in need ofoe exams. Jon alleged that Rachel in mme concerned NIIIl her (mil schooling Ilan %11111 that ofille children, IIC slaved [lilt[ KHOO gels Imply al him mul will had mouth him Io and Ili front aline Children. Jolt was upsel that Rachel Well with Oomeslie Relations for child support, I le bnlicuted shat i rr the prior 7 yearn lie had paid his " lilir share" ollhe children's expenses without it problem. I le believes thus she Is Ixing %inddCti%C 111111111111 it halt 11111.1 the Children. Jun indicaled that the children lire aw irc of the custody dispute. I le stated Ilim they do not wvnl Ill hove to choose, or lake sides, I luwever, according to Jun. Iheir molher pills Ilivin "Ili the middle" and causes anxiety (irr them. Jon Is particularly Concerned ulxmt I vier Nith respect to his enuillonal reaction and peels that I yler could henefia from counseling. Jun replotted that Rachel is opposed m Counseling. Jon stated that at the tittle ofirmisitiuns buck to their mother's house. all ofthe children tell him they would like to stay lit his house. Jon is uncertain ifilu children any the same thing to Ihelr mulher. Rachel also Nuts u modiliculion ol'the current custadv order. She admitted that she sought child support lilt the children and 111111 sir requeswil it Change ill the schedule. Rachel is apposed to the children ha%ing mit weck %isits %%ith their li11her. According to Rachel. Jun lowers the children's sch•esleem and cuuscn them "undue stress." Rachel noted that tiara and I%oIily need special help in school. Rachel alleges Illill hill repeutedly tells the children that they lire truing w litil. According to Rachel. Sara "breaks down and cries because her dad Told her she would thil the 1"' grade." Rachel is upset That Jilt) does not wut the children la participate in exim-curricular activities. Rachel leels that the uctivities provide till outlet for the children and 11 %say litr them to huild self esteem. I lershey v. t'nlnnua I'age .1 She noted that I yler has Iven uli'uid it) tell Iris li doer thin he signed-up lair luolhull, Additionally, Rachel reported 111111 she had it) take I ylcr to all wi-ending mooches 1lefaalse Jun would not help. Ituchel indicated Ilea Jon has Iold I yter Ihat when he is I2 yearn old he cull decide liar hhnsehl'where lie wants w live. Rachel alleged Ihnl Jun also sold the children that since he now pus's suplunrt they siu)uld he able lit gel whaleier they want. Itnchcl Indicated that the children ore linhidden Irum reporting to her the things Ihev du 111 11101 li11h0's bonne, especially the dangerous things, Rachel was upset that I yler was allowed In welch the television show "South Turk" while tit Ills lather's house. II is Rachel's lecling that till ofthese events put a Iremenduus nn aunt ol'stress till tilt children. Rachel lecls that ton allows the children 11) participate in activities than me unsupervised and are outright danvertlus. Fur example, she indicaled tluit the children had goten dirl hikes ail their lather's house, but hnilially were not required w wear hchncls. She complained that the children have unsupervised Ilse of 1111-gulls and pellet gulls. Rachel alleged 111111 Jon will slarl I-A)II tires with the children present and drink Iver. Ituchel noted that Jun has gotten 2 Ill II's in the petit. She titles not like the fact Ihat Jan smokes tad drinks in lirua olthe children. Rachel Iechi tlwt Jon is not teaching the children 'Yeslxlnslbllfq or direction." Rachel Ielicvcs that the children arc ulruld of their liaher. She noted that he was "abusive, depressed and drinking" during their nwrriage. Marital 111storyt Jun and Rachel met while they were working at ticneral Mills. Rachel was 23 at the time and in another relationship. According lit Jun, they married within six months ollneelbng, Ituchel indicated ilwt Ihev married three weeks alter they started dahlg. Ituchel moved Into Jan's house and very quickly Iecume pregnant with Tyler, According lit Jun. the pregnancy wits planned and Kull al'them were happy with the news. Ruchel's health wits goad throughout the pregnancy and Jon wits supportive ufhcr during that lime. I vier wits it colicky baby. Rachel attempted to breast Iced, but that wits not working aid they switched to Ixutle Icedings. Ituchel admitted 111111 Jun helped with Icedings and elultlging diapers. According to Jon. he switched his Job tit work so that he and Rachel were on dillerent shills. III that way they could share curing for I yler without the use ofa list ol'sitlers. Rachel reported that site had it home-bused babysitter lair I ylcr lair part ol'the Time. She also alleged that Jun would Iwcume frustrated with I y1er at night and curse at him. Jun denied thin allegation. I he relationship appeared u) he going well until the pregnancy al the twins. According to John. the pregnancy wits planned. but they were Will surprised to find out that they were having twins. Rachel admitted site wits scared. I he delivery went well laid Jan's mother stayed liar upproximnaely six weeks lit help with the babies' cure. Jon and Rachel also had it hubysitter who helped with the children. Ilerhhev v. tldnnuui I'11pe 5 .dun Mated INH Il11G1101 Glatt' h11ate droll the hosphal "h\ hlt'l'letd" IxTI11hC %I IV was IIthild 11fhlkhlp care ol'Ihe Ii% Ills Both parents mined thin the nlnbonslnp deterlonuod allot' 1110 1111th of l'tmly and Si rn. ACCordinp to Jun, he could not undelmand Nhul hall hoppened. Ile staled 111111 Rachel IWCIIIIlt' withdrawn and k1lnet, hilt she would not adnut that 11mlhugr ?ws t+111nµ. Rachel was GalInp till- the Children sell. hot she did not seen) to Ik luq)p?. Jon reported that Rachel was nwudy III home, I luwever. he heard rumors itho"i Rachel and Jell ill tsorl,, I le and Rachel continued t) work opposite shills 11nd use a hah)smel so 1111111 IV could pet some sleep IwHioe C11ring till. the babies. Jon fiord it III wile ImeMipaha' who, acCUnhnp to .Ion. disCowred thin Rachel and Jell were inwlsed in 11 relationship. In Jul). 1990, Jon "well to plCCes." Rachel said she was 01101111. and placed it ITA apainsl him lit' adialted [hill Isere rtiere times he Ixennn: -eilralled" III her lack ol'laeresr in film. I61:110 reported than the nunrmpc pol unlwarahle alter the Iwns Mere horn. She slated that Jun was nttnn and hiuclul to ewer ollc. kachel alleged that Jon would call her and Ilse children names and thin he would rs1111th'mv hill]) Ianaly welt's, She stated that a wvs not ,just she and the Chlldrea wlto MIC the 011ILLls of his a))per, According to Rachel. Jon luuphl winlt neiµhhors and co-workers, \blei) the Children were apphlsnnnlch n+o }curs old. It tic Ile I hdbrnxd Jon that she did not lose hill). which led 111 him hecominl! store 1111111 y, Rachel reported ihm he started drinking. Jon wanted counsehnl) and they went tolICHM'. I Ile Counsehnp did not help and the situation worsened. RaCIICI ICportul 111111 [here were violenl episodes, hill no police invohentent. I noddy. Rachel look r11e Chthtrea with her 111 it domestic ri0OIICC shelrar and obtained the one )Car Ih'otection Under. Tyler Ilenhey: Viler is 1' gems old. I Is purents describe hall as it great kid tilt) is sawn, nurture and tahletic, Jon IVcls that i yler is not as happy as he tuns prior 111 their separation. Rachel feels that I yler is very adnprahle and never Comphuns. I lowever, Jon reported At I yler complains MIT his mother's house IrcyuCnlly. It) Ihcl. Jul) reported thin I yler tells hill his nunher's house is like it prison. I yler has sonu: close li'iends. hilt he is not oserly social. I yder mlends the AM Hmeches Middle School. I le ism the sixth prude and he has always been a good student. According to his p map. I yder Ours nor gel into trouble in school and the teachers have only good c11nanenls Ann him. I )tier's physical hodth is gaud. He pets on occasional headache. hill Ihcy do not appear to he scrims. I glen's uppelire is appropriate. I le is physically thhh hair in the normal mope on the tn,)wrh Charts. I tier does not have any sleep disturbances. Ilelshey y, t'alunuul Ihlpe n I filer Is Imolsed III midget football kachel lakes lam to till ol'hls practices and Will parents ntlend Ills Rattles. Jun reported Ihnl lie had not gone un practices Iwalse he was using the little duraq) the week t) help the till is Malt Ilivi school work. Nonetheless, he leek an is appropriate An I filer to play loolholl because his pindes are good. Muir recently, Jon started I Ainµ I pier Io I lieI ice because hr ssas I Ilekn111-up IIle children earlier 110111 school. Thus alloMlnll Inore little to help them prior t.) practice. Iyier presented as it IIlet it Is tall coopemuve I I jour old h0y, Irunny, I Q Mus liltemiewed prim' III the Iwphnimp of the WitI year. 10 Nix 11)UA1111! lot%%In If ItI Point) I)) )I'rIIUW Ilreeches Middle Schimb He stated that he Is an A-Il student. 11111 Ills lame lle classes are pill and art. His parents are penemlly salislied slip his plades and ho antOrsumds when he pets C's shat hr has dune wrong. I ylrr stated that he ssns nnondinp the ekahu n In to udk boor his parents. I le noted that his naaher and lather lime "trouhlr runununicminll about cwlr llli11g " Accnrdinll w I filer. his mother talks w him alms "M nt's going 011 and shut sill happen." I le Mas told that has lather has to pay his mother money each 11anah and thin the Courl sill decide Mint is best lot. him and tiara 11110 1 pier reported thin his mother Iuheses thin 1115 taller is it hill', She (eels that Ills tiltlier stakes excuses shout his knee mid Niel. (pain) so he doesn't hose to lmq her. I yler beconus upset shell III'., mother says those npcs of things nowt his lather and wishes she would not talk thin ssay mound him. Ile indicaled that Jell and his mother talk Miele lie call hear (hem and it makes hill) feel "Nail " Iyler drmnnstrmrd that he knew the custodial schedule. Ile reported that hr was nlright with the current schedule. but Mould eyes like (u spend nwre time Mich Ills laaher. Ile is aware that his mother does not wan thin because she has told I slrr that "helJunl d0ca[l't desel•se Mhal he pets now." I yler has mot shared his I'Mings still his mother. I filer reported that his Iinher also talks about hint spendinp more nine slap halt I yler stntcd that his lather believes his mother is trying to take I yler away li'om him, I yler (eels cytmlly haWy %hen his lather talks nhout his numher, I yOr tries to escape to Ills bedroom rl order w get awry front has parents' negative continents Won one mother. I yler peremes Jclfas a "great step-dad." I le does not like when his mother and Jeff argue. I parr reportul that jell ss111 snatch hint play football and that he takes care of the children on Mondays and I uesdays Wien he is of] Iron) ssorA, At the time I pier was interviewed. Jon was not taking pun t) practices. I filer mated that his lather bitipht a Maas ton liar t) u•cavel and he wanted to spend [little time ssith the piris. Because ol'his lather's reaction. 1 ykr wan uncertain whether or not he should corn play football. I pier really likes loot11all. so the situation creates some stress for hint. I slcr wished that his linher wok the kind of interest in his activity than Jclhdoes. I le1,hey v, tbI11llUUI I+alpe 1 I>Irr Iclumed 1111111111, hillier is unlnlll' % ill it god I11011Ll. When he pels coup he yells, bill Ilocr hill ill) ill lilt! eIlBdR'll. r ll the ulllel' I)and, whet 111s I110111er pets nnpr) she will lilt Ille bids, grah Ihem by their neck and spank them on the hull or arm, I'vier ndmlled that it doesn't hlm1 111111 much, hill he does not like it. Jell Llues nut Iectime its angry tits his mother. 1-yeti though Ills mother umd 1,lep-11110 behe%e a, 1 y ter dUe1, 1101 leel )hut lilt, 111111¢1• is lull hard till him Ur Ills sisters. I )ter 11111, hoer hctird Ills lillher Cull Ills sI1,1Cls Ada111111' Ol' " stlq)IaL" I yler stilted Ilim Ixllh ol'Itls 11111-ellts will help will) seh0ol work, hill hit, limher is IC1111y Invohed. )'vier mlin ed Owl Ills Inter tells lite chlldrell Io keel) scoels with respect lu whin they do tit his louse. I-ur example. he use 111 welch "South Ihok," and Ills mother did 1,01 like 111111. Ile denied that Ills hither mks almill numcy with the children, other than it) say that they should Ix 11111e Io gel mew Chillies lion) their mother, I'vier reported 111111 he shunts 11li-l1 and pellet gull Ill ills lather's house. I Iowoe•, he slated Ilim lie is not n110wed to 111111 the gun Ill amore or lit dtimugee anyone's properly with i1. I Viler is allowed t0 s1100 1 1,t squirrels and rahbhs, I)Ier reported that he Itits "n Ioto I ic1,pect liar I.INC' I l e liters that I. Ilia " really cores ahmtt us u11d helps its will) tlunps." According to I yler, Ills mother dues not pike Lisa, but he is unsure why not, Ile rioted the I ism ducsn't seem to like his mother, either. I' vier feels that Ills parets love till ofille Ch8dre11 equally. I luwC%CI, he s0n1011110 gels eery sad because ofille was, Ills parents talk 1111d het. i yler completed the MIS. ran Ihut inslrumiet, lie scored 11) hems hl his Iillller's direction, 12 In Ills mother's direction and there wits one lie. I lie tolnl point score was 159-1 for Italia lilld 1385 liv mother. I Ile Hrickhin Is dhlded into lour sections, I)e•ceptio11 ol'c'ompetency, perception ul'Supportheness. Perception oI Pillow-1 Jp Consistency and Perception ol•Admirable I rails. Although there were lit) glaring, slpmlicaml dilleretices, there were Susie notable responses. Iii the urea ill competency, I ylc• tell that Ills lather was signilicunlh beller able Io help him with everyday medical prof lcros than Ills mother mid that Ills limher argued more comstrucively thin his mother. I le perceived his Ilit) ther its showing letter leadership ,kills, In the urea of supportiveess, I yler pelt that Ills Imhe• wns Ixlter able it) help him cape with pears and letter at helping him dell wi1Il new, sptiunions. With repurd 10 consistency, Ills lather and mother were pretty equal, except 111 the urea ol'huusehold chores, where his mother was perceived its mrooper, Hein,. in the urea ol'ehnracter Irmis. I slier scored his tither sipnificunly higher wiilt respect to keeping promises and lehlp able to nwimlnin n posili%c mood. Sara Ilenheyt tiara is little years old and. like her sister, is in the .1" pride. Sara is described by her lather as it lonib oy who pikes soccer, "hill doesn't a tlcrsl nil the pane." Ile feels that site is .smart in her own wily." Accordinp n) Jon. Sara's coagrreliensimi is weak mid nerds "hoods-mi help,.. Rachel perceives Sacra as hlckimp is sell'confidence, Site is it hard worker who wants n) do thh)ps " ripht." Rachel )eels thal Sam is smart and able, but Icels her tither "fries to keep her down." I lershey v. CaIIIlllllll Page B Sum enjoys riding lessons laud dues very well there, Sara in stuhlxnn and argunle11httive. She IN 11111 us nensillse as her hinter. Burn likes school and oppearN happy nt school, She receives remedial help Ill reading and moth nod has hod all Wit li)r the lasl several years, Jun sidled Ihm lie wen "unsure whorl the school was doing" li)r Sam. l luwcver, her records c?enrly Indicate Ilial nlte Is port ol'a resource program mid recelves special assintnace. More recent grades lur tiurn showed that she won nmhanlnhng all A-II average In most ol'her classes. Sum is not all overly social young girl, I Icr mother reports Ihnt she has some frlends, hill she dues not spend much Ihnc vvllh them viler school, In Ilea, Sons lards down going Its h?rilndat parties tsi which she is Invhed, Jon dues 1101 notice Sore htleruethng ton 11uach wih sillier children nl soccer. There are m) children In his nelghlkit-hood with whom she con play. Jon lees that her speech proh?ems olleel her social development. I le did not elalxnnle sin 111111 liael. Suru In physically healthy and her uppethe is gu0d, According la Jon, Sara has always Well l "rocker" when h comes it) going 111 sleep. I ImNever, Nile demonstrates 1111 sleep disrurhunces. Sam is involved III soccer said riding lessons as activities, Site has also luken swan lessons II the post. Ihnh parents perceive Sara as somewhat Immature. Rachel noted that Surd Is "never depressed," and Ruche? is happy thus Sora lids some social Irma lurity. Jun also leek than tiara Is it happy child, but angry thal she cannot sec her hillier more oiled. Sara presented as it cute little nine year old girl who had short hair and ware glasses. She had it disdricl speech ?mpuirnical, hill wus underslandahle, tiara repurled lhut she ulleadn the lburth grade sit Iron Forge Flemenldry School. She likes school, especially when she cull run around. Sara leek the leachers ere very nice. tiurn htdieated that her grades are "good dad hod." She was ht u "special class" hl IhI•d grade and heels Ihut Silt! Is new dohtg liner, Sura lids teen fu speech classes since khtdergurlen. She noted I?lat sometimes other chlldrea make aim oi'how she talks, Suru Indicated Ihut she was Ixltg evoluuted lvenuse her pureals arc "gelling into lights laid scull;" She noted then her tinier doesn't like her mother very much. According to Suru. Ihey had o "hig light lust year and their still mad alx)ut it." tiara was relerrhng to the conllict between I.Isu and her mother, tiara known that her purenls have lawyers. Sore was able to deline the current custodial schedule. She Indicated that she liken the schedule. Site reporled than she sees her mauler more than her linker, NO she likes to visit 111111 on the "two days." Sara was aware that her linker Wallin It) nee her more ollen mid she udded, "I w'llat 10 nee him more, tau," I lovvever. when her Iinher asks her il'she Wallin Its ace him more. Nile usually responds. "I don't knew." ( )n the other hnmd. Sara is happy with the amount of tine Nile sees her mother and would nut like it w he less. I lershey v, Calumaa 14)ge 9 Sara reported thin her mother and slell•linher hit)' It 1111 UI'°n11111" alxtut her Inlher, hey 1111W Milted thin Linn vied o lilt her nalln and thin dad and I Isa "UPC mewl n them," Sure Is Comiitned 11y (hone slalouttS, lien doesn't think her liahel' ur I.ISa wnnld do 111111 khtd ol'MUII', Swa known thin her pother In angry III her lither. She Bela thin her liaher simply leaven her mother alone. I lowever, her liaher sonclhmen says things about her mother, tiara could nut remember uxnclh what he sins. Sara liken heracnivinlen, tiencrnlly, her mother Is Wore imohcd In (hone activities than her hither. She stated than %omelhnen she and her mother Inrgel to tell her did when there in it soccer pracnice. IIcr Balm comes to some ol•her gunnel lad lie curve w a hurxshow in which she pardeipnncd, I lowe?er, her lilther Icels than she should do more school [Marrs than " Vuimm„ Moe compleled the 141'5, I let- Icsl indicated Thal she scored 17 items in her finite's dhecllan. 12 In her 1110111121 'S direction and there wcre 3 lien. 1 he nlul pohts were eery clone wish liaher getting 17112 pohus and mother gelling 11193 puimns. I here were Sety Icw, slgnbllcant diil4encen In scoreson htdhidual canegorics. Sarin seenud no leel [hilt her mother wan able to trgue more can truclhely than her liuher, hub her liaher was Ixuer nhk nu solve it nchoul sllhject problem. Sara fell that her Buller was Inure patienl than her mother, but [11111 her mother was marcc alnuisnic thus her Buller, 6:n?Ily Ilernheyl Ilmlly is also nine yours old laid hl she lima (l) grade at Iron Porge. IGmily has It dillErcnt teacher than her sister. Rachel deseriles I ally as very senshhe and more people orieucd 111111) her sister. I lowevcr, she believes that f.m)bly's sell=esteem is also quite 1i11pilc, Frally is good at soccer and likes horseback riding. Rachel refers to Lndly as it "swcc[heurn." Tinily tries n please people, hill she Is more indeperdea (lain tiara, Jon liens that I'.n)ily wants no "fix everything.." I le, loo, percelcn I:mlly as nmming socially Wore rapidly than Sara. I•:nily hex more friends ill school (o whom Site pays more auetlon. Emily grasps concepts lit school more rapidly than her sister. She has it math disability lur which she continues (o rcceise special assistance. I nlily is also in speech therapy. Jon noted that tiara will olien say (hill Fmily is Snarler than her because her comprehension is honer than Sara's. I{m)Ily's physical health Is good, as is he appetite and sleep bellm ior. Fmily is it more emollonal child than Sara, I hill may be a Ilmction oi•he• sensitivily. I lowcver, she is also more nature. uhhotgh Jon Icels At she, too. Q when coapared to other nine you old girls. Emily presented as a very cute lisle girl with Anger hair than her sister kind dil)cret color francs Il r her glasses, I•:nnily also has some speech articulation problems, hill not [o the same degree its Sure. I•:nlly stated that she likes being it twin and that her sister is her Ii-end. She, loo, is In the a" pnWe and likes school. Innerestinraly. I nil) slated that mall is one oflie• lilvorhe suhjects, Ifmily reported thin she does not get loo such homework. I lershey v, c1dnnuul pange 10 When Nile and her sister IlMe homework, her norther makes them do if lielirre Ihcy con plop 1? roily, like her nlblings, known that het ploellln do II01 gel ailing %fill Mlle another. 1:ntily stilted, "Pail In 1i,-ry algr)' tit mom. I le wuli'i ngl'ee to tithe claSSc's Ile tats to take to talk nice lu noon." She noted that her linhcr turns away IFom her mother when he Seen her, or he "driven 11y very film." I Sal) reported 111111 her liolter has told her that She in Ix-low awrave III School. According III Finily, that makes her mother cry and it malkes her l{many rcporled Thal her step-lillher told her trial her Iilher IS lelllmg her Sulll'Ih111 is Sol vale, I Ioweier, it also upSctn her 111111 JUIi'Sa)n 111e11n things alxml her lillher. Vililly Icels 111111 Lisa IS Inn "excellent" S1ep•mother. According w FIdly, Linn will lake them Shopping, go Inr ice cretin mid Iwke them to SLtccer practice. She also dues mills with the girls, Iter liuher will help whit luamework III III nsatcIt Slit INNS oa IclevIhimI w1111 Iliem, 1;'Unity Suited that her mother sometimes ndses her Nuke when mgr) and will Spank her. She Suited Ilan her hither does not Spank her bwaose lie stopped when Ihe) were little. Roily also IIkeS JOE who I{roily reports dueS Iauty 111111 th111gs nsilli them. She does not like that Jell'calls her dad, "Ian." l:nliiy delcnded her lather by sa)Img he doesn't have 11 Joh, 11111 he works hard, like when lie chops wood, Ifniily reported than her mother tells her that her linker is not reslonsibhe enough. Again. She (I&IILIQd her linhcr h) Saying that lie makes them wear seal Ixhs, I{Slily noted that her 611her use it) tell her that Jeli'mis a Huai Slep•linher, She also reported that her mother Is aliaid that her liaher is going to hurt her and Sara. I{nifty mhnitled that even though her liiiher has told her not to talk nlxlut what they du 111 his house, she tells her mother "everything." I ler only Isar is that T1 ter will tell her hither on her. Emily completed the IIIIS. Sic Scored I I hems it her mother's direction. 9 items in her limber's direction and there were 12 lies. 'I lie point u.oal was 15H 1 fur mother and 1431 lur linhcr, As can lx, noted it her profile, Vnilly gave each ol'her parents liOdy high scores it every category and had them equally divided with respect 1o areas in which site lnrceived Some greater ability. With respcel w categories in which file difference In Scores was significant, mother was Scored higher in tine areas ul'Ixing a Inure relfahle Source ol'hnunm illol. as I>Ling more asSerdw. possessing ixller leadership skills and Its being ahle to help her cope with (cars. Father was seen as Significantly Ixtler at helping her deal with it bully. Ixing more patient in general and Ixing it more patient listener. III keeping promises and in maintaining it more posidw mood. Jon Ilenheyt Jon is it 47 pear old man who is currently unemployed. Jun noted that lie was a nuehanie by trade, but has lbecome pity troll) unable la work. I le originally worked fur Ocneral Mills, I lowever, alter the mall closed he worked lur it general contractor and then lair R.J. Davis. At this polo in time his knee problems and hack problems do nut allow him w work. According to Jun. Inc has tan discs in his hack that arc "bad." lershey v, Colmntin Page I I The discs create additional problems ht his legs, Jon in working with the Ollice ul' Vocational Rclahilitatiom to rell'llhl himnsell'and find employment. John and his wile, I.Isa. live ht it roach home ht Carlisle, I'A. 'I he home is located on 20 acres ol'Itind set laick approximately I110 yards Pram the rand, 'I he house appeared to Ile clean, orgiailmd and hl goad overall condition. The children were excited w show-oll'their house, toys and rooms. All ol'the rooms were neat and clemt tind the house wits stocked whh healthy, appropriate lbod, Children's art and crulls were displayed ht the house. For the most part, the liunlly congregates fn the limlily room. Fnnlly and 5ura share it bedroom, while Tyler has his own roam. Jun was raised fn Centerville, I'A fur the Ili-st lour years ol'his lilt, then moved to Carlisle until he Willi I J when finally sawed to 5hippenshurg until he wits 15 years old. Ile reported Ihtit file lumily always lived on thrills. Jun has on older brother and two older sisters. When Jun was 15 his liuher was killed ht it truck accident and the lianfly moved Io Texas w live with his grandparents. Jun dropped out ol'sehool hl the I I" grade and eventually gut his MA), lie stated that he did very poorly hl school. Ile leek flat( tiara is much like him fn that site has school related problems and vision problems, Ile dues not want his children w experience the academic problems that he had. Jun reported that his liuher wits extremely hard working tied the "head Inuncho" ot'the lunnlly, i lowever, he lei that he spent little tine with his lather and did nut Ixnnd with him. I le does nut wmt that w happen with his childrem on the other hand, he described his mother as the conterstonc ol'bis file, Site wits it "lovely wunum" who never remarried tiller her hushand's death. She continues w live fn 'T'exas. Jun presented its it man who looked his stated age, i le dressed very casually lur his uplxthaments. Jun hus grey hair and wcurs glasses. I le is somewhat overweight and admitted that he is not very athlelle. Jun showed it variety ol'emotions during the evaluation. At one level, he wits very polite, cooperative and permeable. I lowever. there tons also an angry component ht his presentation that implied considerable tnlstration with the sfuanfon and with his cx-wile. Jun dented flail his anger is ever directed al the children. I le also slated [hut he lilt he has worked through much ol'his anger Crum the marriage. I lowever, he nay hick some Insight into that aspect ul'Ilis personality, I le admf[led that he could become very enraged durhlg the marriage, especially tiller he felt that lttichel wits having all ullidr. Jun appeared neither depressed nor anxious during the evaluation. I le denied symptoms associated with either uf'those disorders, Jon's firm wile lull him lur another mum, Jan relwned that he has had two I)tll's fn his lifi. The first occurred Ibllowing the break-up ol'the first narrfage. The second occurred approximately live )curs ago after he attended it party. John last his licence lire it period ol'time and had Io take alcohol educntiotl classes tit that tine. Ilershey V. Calm as Page 12 Ile stated that he will, fit most, have twit or three teem at if sitting, find that will only occur fin weekends ha dues not have file children, Jon also denied than he drives filler he consumes alcohol. The only medication Ilan Jon lakes lnr his hack pall Is ihuprolin. Jon reported tlwt he smokes approxIf lull ely 5 cigurelIes per day. I lls only arrests were lur the IA II's and the III'A. Jun completed the MMPI.2. Inn has presented hbnsell' ht if litvorahle light. Jon's prollle suggests dolt III It perception nI'll ilist! hls Iunt lie Is Without psychological prohlems, I his denial is Cuntilalelll Will) Whom lie hellem I1Ia11wil'to Ile and not 11 function ol'uvert denial, although there is also some Indication ol'Ihm, 'I here are mo clinical scales outside ol'Ihe norawl clinical range. Jun dues not present hirmll'as depressed ul' anxious. I le Incases on sontulle concerns, which is cutisiment with life physical prohlemn he reports. 'I here truly he if psychosomatic connpoment o some ol'Inis pruhlelus Willi pain. Men Willi Jon's profile fire likely to luck Insight Into file dynamics ol'lheir behavior and emolions, 'these men may resent authority and display It very assertive ullllude When kneed with social conflict, Rachel Calwn?wnl Rachel Is 37 years old. She llvcs Willi her husband, Jell', I1 if two-story hums hl Boiling Springs, I'A, The house is on an acre of la nd in if quiet development, The house is only Blur years old So it is In excellent condition, The house has live hedroonu, so each olllte children have their own bedrooms, 'fife bedrooms are decorated w the children's tastes and appropriately Wr their ages and interests, 'fife house was neat, clean and organized, 'I here were nu safety issues noted within or outside of doe house. Rachel was horn In Alexandria, PA, She remained there with her liuuily until site was 5 year,,, old when life tinnily nu ed to Carlisle. Rachel's mother divorced her lirst huslwnd shortly tiller the family moved to Carlisle and she renuiried when Rachel was G years old, Rachel had three step-sisters through Ihm union. but her mother divorced her step-linher when she was 13 years old, The fitfully relocated w An)dstville . Rachel reported hum she had only sporadic contact will) her biological liuher throughout her Ills. Actually. She lived Willi hit) lar 4 months when she was 10 years old. At tine time, lie was remarried and Rachel had u hail-brother and hull' sister. Because she did not gel along will) her step-mother. Rachel retuned to her mother's home. Rachel tuts little continuing contact with) her step-sisters, hall' siblings, fiather or step- lutl)er. Rachel Stated that her mother vas if very strict parent who taught her to le respectful and good nullifiers. She wughl Music values and murals and that traditions are important, When Rachel was 14 years old she ran away from home Ilecause her mother would not let her see if IX)y. It was during that period Ihut She lived with her liaher, Rachel did relatively well In high School and graduated in 198-3. Rachel noted that tiller high School she lived With u awn lit Blur years. lie was ten years her Senior. She hruke•up Will) him and lived with another nun lar three years helbre She started her relationship with Jan. I lershey v,c'alanam I'alge 13 Rachel presented its it pleasml, cooperalke woman who dressed casually Or her uppulntnen?n, Rachel's mood Varied during the evaluation, She wan serious uliout the evaluation process, but was able to show it broader range ol'aMcl. Rachel could le very narcuslic, especially with regards w Jon. She Iereeived him as having no ponltive parenting attributes. Rachel believed that much ol'his "concern" Ihr the children revolved around financial Issues. In the(, Rachel displayed very little respect liar Jon and did little it) inhibit that leelhng. Not surprisingly, that anitude was apparent to the children as well. Rachel appeared w he neither depressed nor anxious, She denied symptoms associated will) either ol'thone diagnoses, I ter thinking was clear and logical. Rachel has never been fit cmnaselhng Ihr tiny psychiatric disorder. Brielly during the break-up ol'the nuirrlage. Rachel was told she was depressed by it counselor, She had one visit with it psychiatrist who did not believe she needed medications. Rachel drinks very little and does not smoke, She taken no drugs and her physical health in good, Rachel has never been arrested or charged with it crime. Rachel completed the MMI11.2. She took it very defensive approach to answering questions suggesting that she was trying ut make it liworahhe impression, In doing so. Rachel has shown u luck of awareness and insight and significantly underreported any psychological problen>.s she may have, Women with this profile tend to le outgoing and pheasant, I lowever, they call also appear Impulsive and can evoke hontilfly ht others close to them, L,ba Hersheyt Lisa is 41 yem,s old, Sic works as a secretary lift the PA School Hoard Association. Lisa has laid that joh Ihr approxhmtely 2'h years. I ter work hours ore 1Fom 8,00 i m, to 4;30 p.m. live days per week. Lisa has moved jabs Iwo times tin the lust ten yearn. Lisa described herselfas an "army brut." She was Kim Ili France and moved quite it bit with her Iiunily, Lisa had nn older sinter and it younger brother tind sister. I ler older sister died of leukemia approximately 7 years ago. Lisa's parents divorced tiller she left the lumily, She stated that she in not particularly clone with her sinter or brother. I luwever, she felt that the liamily wits relatively close while she was growing-up. She Iclt that her mother laught her to always du tier best. I let, mother was quite strict, I ler hither was very strict and took on the "big issues" tin the tinnily, I Icr Wher is retired from the Army and has remarried, Lisa graduated high school in 1979 and has been working ever since, Lisa narrfed Ihr the first time in 1980. She and tier husband were narried (ear 20 years and they have two children. Robert who Is 20 yearn old. and Amanda who is 16 yearn old. She slated that tier marriage was actually "aver" when Amanda was two years old, She reported that her ex-hushond had a significant dr14i ng problem. but she stayed as long as she could liar the children. Lisa separated lit 2000. but her children renabed with their linher. She heels their choice was bussed on his lack ol'rules and on their miler tit tier liar leaving the marriage. I lernhey v, Culaman love 1-4 Lino noted thar her liunhand had significantly reduced his drinking by the tine she had left, There in no net custody schedule lur Amanda. Amllndal %inhs then title In NO bullied. Limo tuts knawlt Jolt since 198q, She and her Imshaal were liiends with Jon and his first wife. They lost Contact over the years and site saw him again in May. 2000, tun visited her and her husband tit their home helure she tell the marriage. Lisa admhud that aller she left, the relationship with Jon t+enl " %cry last." She and Jon annriad on July 25. 2002. 1 hey had h%al together Ibr approximately ale year prier to nnlrryinlt, Lisa admitted that her children do not like Jon because they Iiel she ICII the muoriage liar him. Lisa I?els (flat she has a deCeat rehtionship with I)lei, I le is ilia most distant with her of the three Children. I'nnily and tiara seem to enjoy hanging out tsith her and talking. Lisa stated that the girls will "dump" sully(hat they are thinking ulnas, tihe noted that the children will ask her whether she likes their loom. I.isa and Rachel had It "light" in August Lim medical Insurance fill. the children. Lisa reported [hut ItlIChel aCCUSed her of"acting like the children's mother," K.-Cause she Curried insurance on them. Ihior to that incident Lisa and Rachel got along lilirly well. Lisa reported Iltal she does not 11111 to the Chflahra alnntt the Custody situation. I Iowevcr. she believes that Rachel talks to than and tint the Children are aouhbtd by the conflict, Sara has told her that she is "on mom's side." chi the other hand the children n1mi have maned Ihm Hwy would like snare lima with I[Ieir liuher, Lisa presented its a Cooperalivc and pleasam tvomano who sCCned to be honest In her perceptions orthe miuuntiun. Lisa IHa l m IS hemoritno keel ildren's places Nhell answering questions ahout than. suggesting some degree orinsight and empathy. Lisa noted that she has at history ot'depression doting back t,0 1998. At thin lime she was taking Y.ololl l6r her depression. but she no longer uses the medication, Lisa does not fccl duResxd at IS time. She reported that she smokes about it puck ol'cigarettes per day and that she [Ills an occasional drink on the weekends. 'I he most she will drink on it weekend is approximately .I w 5 leers. Lisa denied ever being arrested ur charged with it crime. Lisa fuels that Jon is a good parent. I Ic loves his children and is strict. but flexible with them. She Iccls that he attempts to talk to the children and spend Ibne with than. Lisa lixls that he could hnp ve on his parenting by being more Consistent in Ws Allow through. I.iw denied that Jon is too critical or negative about the children. I& completed the MMI11-2. Lisa was mildly dcfensi?c in answering questions, Iter Iindhe suggests that she bets good ego-strength, but prohably lacks insight into some ol'her psychological issues, Women with this profile tend to sce themselves as controlled, but do (tat recagnirc the resen11nent and hostility that they have. (lien these women have it low Iiustralion tolerance and call he impulsive. I lershey v, Calam an Mtge 15 These women do not like authority and nu*, hove a history of relm[ionship dilllculdes. Because of their Impulslvhy they may hale agg.resske outholsts till occasion. 111CSe women tend It) deal with their anger ht a passive-aggressive manner. Most ol'the time wtimeu 1vIlh [Ills prolile make it good IIrsl impression, I InWew" due 1111Ile ir ill lIle ully in deailmg with cUnllleI directly. relationships become dillicuh Ill suslahl. I)picnlly, Ihese women lack Insight lino their problems laid will cxnrrnnliie hhune. Tell' c'uluulatnt Jelhls 0 yews old and WSW Fmemnnn's hokcry in Carlisle. At the tine ofthe cvulu«lion Jell'had been Nsorking fur that cunlp11ny for .1 months, For the two }cars prior to 111111 Ile had worked as a baker Jill- another company. Ihior Io that time he %Norked fill- t eneral Mills. Jell's wurl< hours rolalc on a six week basis lion either 0;0011.111. It) 4;00 p.m., or from 0:00 11,111, to 0:00 11.111, Ile has a three day weekend every other week, Jell'was 111ev6msly nt11rried. Ile bus uvo ehihhrn. Note who Is 23. and I feather who is 18, Jell'was only 17 when Nme was Ixum, Ile was 1101 nuu hY to Note's mother. Nine visited with Jell'umH he ctune no live with hhn at nge 9. I le num vied l lcather's mother when he zvas 22 ),cars tild. I hey were married six yews and she bell him. I le now has a good relationship with her, I Ic has typically had cuswdy of A leather on his "ull'dnys" fioln vault:, Jell' reported that lie always had a lot ol'eonlact with his children. Jclllvus born in Carlisle and grew-up in the arena. Ile has an older hnnlwr and sister and it younger heather, JeH*s liuher worked for AN114 inc. Or 30 years, I lis mother stayed ;it home mu all ufthe children were in school. Ile descrilxd his uphrhlging as "great," and his liuuily as very close. I le considers her liuher a great 1111111 who was coulptissionae and understanding. Ills mother was described its sensitize and talkatize. Jell'knew Ral'llel and Jon Iron1 work tit Oeneral Mills. Ile reported thin he and Rachel become friends around file time she Wad Jon were married. Ile was surprised by their marriage because he lilt than their personalities were so dill'crent. I le lelt that Jon was always sullen and angry whereas Rachel zvas outgoing and lon. Jell' became aware ol'fl e prohbenls in Rachel's marriage through the other menders of their lean. According to Jell'. Ruchcl would cry tit work. Jetl'repmfed that Jun was tilways saying than Rachel wits laming him fur someone aI work because they would be supportive other. Jell*rcporwd that his relationship with Rachel did not become serious until 2 to 3 months alter she left Jon. I icy stated doling tit that nine land "got together fill- three years prior to pelt ing amrried." They were married on November 19. 2000. Jefl'lecls that Jon "had it made" tiller the separation. Jefl'reported that Jon gut tile II(W.se and was not being consistent im providing support. According to Jell. Jon was depressed and missing it lot ul'work. Jon could contact the children whenever he wanted. hot he had little cu11lact liar "years." Ilernhey V. t'nlunuul Page In Jell'rcpxn•ted dim hill pan rorair'd hiller nmd angry and will 11nl com ramicale, Ile supported Rachel's C011CMIs 111x0111 file ehlldre11 lehlg around Jon'h anger, Jell' In cl)ncemed Ihul Lima In "violen?," Jun ficis Iha? she has only added to the angry liulblgs Ihm Jun already has, Ile Relieves ?he cnvirommc it al Jl)n's house is negative. I hey 111ilk and tormhe and over huidge the children. Jell'IMN file enure sltuatloa has placed if lot ul'lacssule on the chihhelt. Jeli'prewnicd 1111 111 omcrllve Individual who had 111) prohlAn nfalblp Ilan a1111lio11, Ile wan IxdIIe and Nile In Ily uppraplIale. JeII'll ill cool appe11r la he culler depressed or anxlnits, I IIn demeanor was relaxed, but serious. I Ic w11s able to display if mamal range ol'emo?Ional responses that were approprlale li)r the loplc 1d11µ dlheashchl. Jell appealed lu le logical b0 his conciuslans laid (here were ml) signs ol'hignilleam psychopafholugy. J011'crnnpklul the MMPI-2, His pralUe haglgehled Canhlderahlc dulennivcnen8 and colns,cl us ullemIlln to present 111111hell Ill 11 limli1 ble 11µ11t, 1 herelUre. file prollle prohahly undcreslinmlen any psychological problems that exihl, 111 general, men %1111 this profile are reslxmnible and ema+efemilun, I hey deny ally phyehuloga0al problems, hm probably lack awareness ol'any problems that cxlsl. I heir clay-lo-day fimelll)nhlg Is good. They art., relatively relaxed and free ol'anxicly. I hey may also Ix hunne%hnl pahhbc 111111 submissive Ili relationships. Recnmmcnilmllonst IIu?h parents lire requchthga it eh11nitJ In file custodial nnnngemem. Jan is seekblg primary physical custody l)f Ids dalldrcn which %uuld cnulil a ¢11,11µe In school districts 11nd nelghlxlrhoodn, Rachel is necking a rcdu0llun ill Jann'h Camacl %ifh his children such that he would we them on nhernnling weekend, only. Neither ol'tlowhe requcsls arc canspnlent with the lent hneresis or needs ol'Ihe children, Rachel expressed multiple concerns altiml Jim's relollonhhip with the children and his parenting, or lock thereon: I hsl ol'a1L I In11 IMN 111111 Jun is fill) critical 11ad negative with the children, especially tiara paid I-mil y. She noted Thal he hen culled them derogatory implies and restricted their uclhlUch bemuse ul Iheh' ncademic perlionmace. Rachel hclieves Thal Jun would limit their welal emilael and that he In user emphahl/Ing their academic prohlems. hill hall mrnnemlous problems Ill school 111111 swills Ills children 11) stav f6cused and uchleve letler Than he did. I herciurc, he Iendh to proieel his problems and lack ol'Irthiatlvc fu 801001 onto his daughters, Clearly. Sara and. 11) 11 lesser deµrce, Fu ply have learning diNnhilitien Ibr Which Ihcy are gening cihacational huplum, I lowever, I>.11h ol'the children ore achieving within the expecuulons ofilicir 0.vcherh, I l) some degree Ihm is if result oflhc help they receive at whool, Addkiunally. Iwith pmeroh shim concern fur their academic growth and work with them al home. Allhuugh ion nay Ise acre l60used on the problem, file children do not perceive him ail overly critical and negative, I Io%eser, he Is aurc critical and negative than Rachel. I lershcy V. clalunum Page 17 Jun needs to recognlm that there should Ie n healthy balance olbxtra-aurricular activities along will) Il)e academic locus he desires, I hat is cslicelalk true liar Fi nily and tiara who have demonstrated social hnnaturity and developmental delays ill their social skills, BY engaging in outside activities, the girls are exposed 1o more malure pars li•om whom they can learn and grow, 'I hat growth is equally Inportnm at ibis stage It their Illi w the nendcmic perlinnunuc 111111 Jun demands. There have been sraulles that have shown tint children who are active In extracurricular activities are more successlbl lit the ticndemie pursuits, The parents cull employ it variety ol'Ieclniques to insure that the children's academic needs arc hehtg met without signilfca tly limiting their social and anhlelic activities. Additlunally. Jon's participation ht their activities its either in uhscncr or in some rtorc iclive rule is ver) Inluulanl to the children and his relationship will) Ihem. Jun stated that he was concerned about the children's wll'esteem, I lave n parent who watches their perlimmia a and is able to express llelr pride ht the child, dues wonders lin• it child's self-esteem. There was no Indicallum that Jun exposes Il)e children w any greater health or safety risks thin dues Rachel. It is true that the children are allowed to engage ill Millie nclivhies thin are not allowed at their mother's, such as shouting 1311-guns, I however, Tyler was Iully aware ofrules associated with the use of the guns. Similarly. the children underslind 11at there ire rules bur many of their activities and that If they break the rules there ire cunseyuences. The home enviromnems. at Ixnh locations, are sale and child friendly. Jon and Lisa admitted that they smoke cigarettes aid drink leer. They deny drinking lit front of the children and, again, there is no Indication that they have drink ht front of the children. I hey need to smoke outdoors and not snutke ht the cur when the children are present. With respect to Jon's "anger," It is tnelieved that Jun continues to be angry at Rachel. I Iii anger is uhvious from the Iucrvicws and the history. 'I he children report that their litho does not direct anger towards them, either ht the lurm nl'hitting or yelling. Nonetheless. Jon's anger is present laid nakes itsell'a part ofthe relationship he has wfth Rachel, 'I he children reported dial it Is their mother who is more apt to lift them. yell lit them and respond with Impatience to them. Site appears to the more volatile, Furthermore, it is clear that Rachel cold Jell'tnik with little Inhibition lit 11 negative and derogatory manner alxnut Jun in Inmt of the children. The impact is tc nake the children tad. anxious and angry. Similar behavior Is demonstrated by their tither, but to it lesser extent. What is equally negative ulxtut their linher's environment is the invocation that the children are not to tell their mother what happens at his house, first Mall, to expect children of these ages to curry seeress ofthat nature is unlidr Lund unrealistic. They will inevitably break down. spill the leans and then IM guilty and shamelal tiller their indiscretion. Secondly. the very nature of the request suggests than certain activities need to Ix hidden because they are "wrong" or "Idrhidden" It their mulher's eyes. The consequence is that Rachel fears that the children are txing exposed to dangcmus or Inappropriate activities and site loses trust in Jun and Lisa. I lershey v, Collation Page 18 In spite (Wine issues 111111 hate Ixen diNcushed, the children are doing renau'kahly well. Although Jun expressed concern alxrui the ehihhrn's aeademie pcrlut-nunncc, the reports from the schools and teachers are vet-) posilivu. I he childicWh behavior Is excellent and their grades are randy In the A. 11 and t' range, tut the most 111111. Ihey du 11101. honnework and study fill. ?hell• tests. 'their ullendnnce is good, I11)1h patents udue the Inpornunce ofeducution and stress that b., the children. 'I lie children ate ph)slcall) IlIrnllIl) and display excellent hygiene and self-cm'e skills, 'I he children repmi liminp pnud wialJuladlips with each ofilleh• parents and step-parents. II Is ruled IhaI the ehlldIcn we every fencing cnu11lonal reuellunx w the conflict het%cen their patents. I hainnnuuely, then' parents spend s1) much tine Wanting one another lilt- the stress that the children me under thin the) do not ahwhh (heir own I,ehavlor and note how they are putting the ehikhen 11111) the middle oflheh' eonlllen. It is positive that the parents have begun eo- puren? counseling with I h Ilnnfle I Inwwd 11) discuss haw Ihey can work more ell'ectively together Ihr the good of ilnr cht,hen. I hot counseling should continue until these parents cull comnamleme more elleclkvl) with line 11111)lher. Secorndl), It would he Iwnelleial liar the chlidlen Ia 1w in counseling, especially ifille conflict Ixlwcell Ibc pareats CoNhmes. Inch child reports Iceling still alwut the conllict and their exposure Ia h. 1 y let frets lit Ile middle nmd Illicit yue illons Ills awn desires, like around loo?ball. because he does not wfull t1) 1111en0 his li11her. Addlliannlly. Ills mother and Jell's continents almul Ills liaher cimhe him eunslderable sadness and anger. I'hc same Is true lilt- Sara and Emily. They do not like to hear ether of ilich' parents udk negatively about the other parent. The fighting hoween their patens cunlilses Ilion and makes therm anxious. ht spite ofthese problems, Ile children enjoy the tittle the) spend with each oftheir parents. Although each child Indicated that they would like 11) spend suns greener ununml of titre with their fiuber. they also Indicated Thal they are couairtvrhle with the current schedule. t iiveu Ihese feuds, it is reeonunended that there tx no change made to the current school year whedule. II tines not oppeor that the risks associated with it change would be worth Ile 111)ssible rewar,ls, II would be dillictdt Inr these children to change school districts and have to estahlish w1)rk11ng a'elnllonnhips with the vndety ol'support stitll'ossigtied to the new, school. In oddllion l1) academic responnihility, It In expected that each parent shall Insure that the children are taken l1) their respective activities during their custodial time periods. Activities have already heen established l6r the children and. its long as the children "mu to continue to participate, should Ix nwluuined. New activities should have the approval ofboth parents, especially ifthe activity will laerl'rre with it parent's custodial time, It Is lumber recommended that tine parents share custody ofthe children during the sommer months, That can he dune 111 one of two ways. Either the parents can use an alternating weekly schedule IFom Friday to Friday, or they can use a schedule whereby the children are at their mother's house every Monday and 'I'ueulay overnight and alternating weekends from Friday ht Mondu), I lershey v, Culunan Page 19 They would then be with then Wher every Wednesday and Thumduy overnight and alternating weekends Itom Friday to Monday, The latter schedule nukes It more difficult to plan a weeks vacation, but awy be nwre consistent with parental work schedule", II'Ihe schedule Is chunged to shared h? the summer, there is no longer any necessity to have lour non-consecutive weeks of vtshstlon as part ol'the custody order. Arnold, T, ShienvoW, I'h,l), late LAM Ileralley, Siorr 1ir.204 Or, OA SoufFl Mlul)Lr ION tiC1100L 015/1110 11011 fuluo GducuU0llgl Cunlul d r01Ua 11uud Ilulhnlj cipimUal PA 1 1007 oradon A & S Student r•ValueUOn 111p01t 19 Ilse P111111H Inn lalwll is p11,111ed 101111)1111 you 01 the await and W 1.[ tat p',gwaa 1,,U child 1s ...ailing in out It e uWpvlN to "all) uch r hihl anNnp 6110 6chuve to the hell 0111161111, obally Aballle/ Jtll/I elnong !Pddlpn fl:LQ UUI IeaG lttlls I1- o0oll1I1le6e dill If IIWIs 111111/FIIIQ a pl1)Vl e%a 1[IN]II10 Ya0 eVALUATION cc)MMENT9 1 des but Inli slaw pulgleu plluchte Glass pu14:1pollon G')tpl alulude toward walk •1 Ileas lung l1- good sov/nlags 5 6haws'I11hahW I' FOlluws dueGlRNts t WolF6 well lndepund[nlly p wo1FS w[ll C-MAIGIllit y thaws ollun 1d p"enl 11111:10litmoI111,1own 11 L'I1111ed Ua6s pan'Llpallun e61,gnnunli 1: UaOS nut cootpltlla homewull, 1! Dues 1101 complule class a6a1g11111a1110 all hills 14 Callable 1-l doing belle) 16 Da00 nut use I'll's ulllcunlly 1d Insullwin tIberian plepelehon 11 ),As nal denwneu ale accwecy III millon wollt IN 1,001 to611esu11a t9 6hwvs little Initiative ,tl D1lhcully wllh ulgarliallon DUUa ncl know main locla Dube nut SIVY realness and legibility to duly W10 i2 ^? II1G0116161[111 W0111 14 inattentive '•n Olo nut ..mill up osugnments or lasts istlQc1loinal 1nale11a1 and a/se60111[Ill dialed to Wool alUdenl's needs ;7 Glada given by Leelrln I Ggporl Teacher l Teacher eIIVEtiI liurypa 7C Glade given by a neadulp1 ;G 01 a IVV as a ' JJ H6 C 114 11 p ,. In 70 F Below 10 1'1 apt/ia-)hJlra101a 1 11101-:4106 nnplovemenl needed 111Lh[41aa 1111itUVemant e110W11 G 11101a.lue ellonglh No nm1F Indicates aeu0113001y ne110unnnce lollowfna htebuctlon erh Thotopy Reading Suppml Math Guppolt School Year 2001.05 IIermhey1 Sarn 1Ir. I O6 Gr, OG SOUTH MIDDLE TUN SCHOOL DISTRICT Heraheyr Earthy Iron EolUe EduoaHonel Cumin Hr, 205 Or, 04 4 folu" Rood HDI I V- Boning SpnnUe, PA 1 1007 k,«) too ar 200004 2 IIEADIIVe 3 _ 4 I'. I tiiency ? - __ Gnnptahugiun L. 411VI1Y IIn INOLI611 -- MechprnnrUlsnnnel _ Wunnn Fs1114651011 llondwlumg Conlnlenle SP[LLINO . , A i ' Wind Lief _ Application `-? _ Comments 77 MATH '" C _ Demote it etas anderslendmg of concapls Wolke accurately ^! Applies problam solving 1118100146 - Ccinninle _`- ^ 1 2 3 4 AL STUDI[S FOCI ft -- E°' - :wt llmelna '- 1 SCIENCLAIKALTH Convnsine ART ii Skill Development Attitude b Elton _- Comments _ Music 7 Skill Development ----- - -_'- Altitudes Fllon Cominal,le i. 7 3 4 PHYSICAL EDUCATION S1,111 Development Altitude b Elton Comments SAND Conlnlente 2 3 4 CHORUS 4 PLAINTIFF'S EXHIBIT t7 - - - -u Oradea 4 d 6 Student Evaluation Repall Ti.) 1111 Plllllll! This relwn is planned to mlwnl you of Ilia audelnlc and e WI lyuji R yowl child la making In out eclloul We endaavw 10 help each child develop end achieve to Iha best of his/her Ability Abilltias differ among chlWlen and dui leechere Incognita these ddfatancu In making a pmplass lapoll Io you EVALUATION COMMENTS 1 Tiles but Illske t slow pl OgIOs 7 Effective class participation d Good alldude toward work d Uses time to good advantage 6 Ghows uuluhve 6 Follows odecllolls 7 Works wall independently a Works well codpershvaly Q Shows aflod 10 Recent implovelllsld shown 11 UIt111a1 class po111c1palion 12 Does not complete 110111ewolk assignment* t d Does not complete close assignments on lime la copople of doing Mltar 16 Does not use nine o fkunllyy 16 Insufficient lesson puiperallon 17 Does not dalllonalrab accuracy in wmten work le P" last r46ulls IQ Shows little uvtlollve 20 Difficulty will olgonustion 21 Does lot know math facts 22 Does not apply neatness and legibility to defy work 23 Inconsistent work 24 Inattentive 25 Dld not make up asslgnmenls or leak 26 Instructional matetial and assessment altered to meet student's needs 27 Grade given by Leaning Support Teacher 26 Glade given by a neadinglMalivE61. Support Teacher 2g Er 1Wne11°n of Ora'tlnll Syelenl I 0 Your child is receiving ° 02 G5 Ilia following Inelrucnnn. • 114,77 Speech Therapy • 10-70 Additional • Below 10 140841119 Support L'1?QI/Oa.lndl?al?L/ Additional uldwinde unprovunenl needed Math Support mdicetae anplovsinem shown indicates strength 1 nutrF indicates satisfactory Days Absent 1 2 3 4 Etcueed Uneerased Et,cueed Tardy Unewcueed Tandy Iicrnhey, l;mlly IIr.OH Gr. O6 Schnol Yt,nr 2004. 05 I JON C, HERSHEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RACHEL R. CALAMAN, DEFENDANT 96.6302 CIVIL TERM ORDER OF COURT AND NOW, this l 1 day of June, 2004, following a hearing on the merits, the current custody orders are amended as follows, (1) During summer school vacation periods, the mother, Rachel R, Coleman and the father Jon C, Hershey, shall have physical custody of Tyler Hershey, barn January 2, 1992, Emily Hershey, born May 9, 1904, and Sara Hershey, born May 0, 1994, on a week on week off basis with the exchanges occurring on Fridays at 8:00 p,m, (2) These weeks shall be arranged so that the mother shall have the week commencing on Friday, August G, 2004. (3) The mother and father shall within five (G) days of this order personally meet at a location other than their homes to determine If they can reach an agreement as to any activities the children shall attend during the summer.' (4) All other provislons of existing custody orders not affected by this amendment shall remain In full force and effect, By the Court, Edger B. Bayl6y; J. ' ' The court will not micromenage such matters, While in a particular parent's home during the summer weeks the children shall only attend such activities as allowed by that parent, ritj?:u or Ile W01, srt 2pU4 JU11 1 ! NI1 (? 33 Cl1h{; I' i;GlLVi l;; ITY Merle Co nettl, Esquire For Plaintiff Carol J, Lindsey, Esquire For Defendant ;sal tIIII JUN C. IIhNSIlkY I IN (III. 00(1141 t)I:L'0h`1NION 111.1 AS OF III.AINI III t ruNIIII: III.ANI) CM IN I Y, III INNSYI.VANIA I V. 1 96.4302 ('IVII ACHON LAW ItA['I I1i1. It. CAI.ANIAN I IN ('l'SIOI)1' UI;I+NI)AN'I 1 r W)FI t OF c't) TIT AND NOW. Wrdpccrlu)1 March 13, 2006 , upon cuntsldernlloll ol'the 11lbtehed tbntpl[l0116 It Is herch) directed Ilm, panics and (heir respcctlsc clun+cl nppenr before Hubert X, t01ra), Erq, the omOllntol. lit 4111 Fluor, Cum,herlund Counq C[lurtbuuse, Corllnle on Frlduf. April 16, 2006 at 4td0 AM Ihr it Pled Ivaringt'ustnd) Coolemicc. At such cualelence, lilt elliut \?III he made it) resohc the Issilo in dispute, or 11'1111, cannot be urcongd6hcd, It) define 111111 1larrlN the issues 10 he herald b) the 011111, uml It) C1Ite1 into 11 Iclttponu) order. All children nee Ilse or older nun [list) he prescnt rat the omlirence. I ailure to nppe[lr al the 0onfer0n0e 11111% pro\We grounds I'll cnu) ill it lcntpor[lr) or pcrntluta11 ardor. The enure herelr) directs the pIMIL's In 1111,11!011111) and lilt eslsibig Ilrolvellon I's-mo Abuse orders, 5necild Itellel'orders,111111 Custrult orders dr the cnllcllillior 4H hnur•s prior it) scheduled heorlsio. 1OR 1111 c'r)I It I. II): Al Hilhert X, Gilroy, /seq, Cllstods Concilhulr 1 ha Coll 11 ot'e'onmlan Ple11s of C II Ill he l' 111 I ld ('on nl) is required h) 111N Rr comIll) Kith the Amerien11% \sflh Ulsnblllles Act of 1940. for lol'orntntlon about 11ccessiblc IilcIlltlcs and reasonable 11cconunnrhlllons m[lIlabli, w disabled Ind lsiduak hen ing till sInch's he fore the court, plensc conlao our, office. All arrnngcnlcnts must he made nl least 72 hours prier to lilt) heurinp or business heforc the c1ur1. You mull n(tend 1110 scheduled c.mlercnce t)r hearing. Y(fll SIRAII.I) I AFI I IIIS PAPM 10YOUI(A I MI(N1.1' A I ()NCI . 11 YOLI I)U NO1' I IAVF AN A'I 1 OHNI•:1' OR CANNOT Af1ORI) ONT.. 0 10 O12 11 I.I`I'I IONI 1111 Offlc'f. SIA 10121 II H11.OW lu lANI OI!'I N'lll Itl. ),O1 CAN (il.l I I(iAI III 1.1'. t'umbcllnnd Counn liar Assoclatlon 32 South Iledford Street Carlisle, Penns%kanln 17013 Telephone (717) 2•19.31411 i y t???, lit MAIL I It 1014Y ,ION C. III?IINIIP:Y1 Plubnllf Y6, RACIIF,I, It, CA?.ANIAN, IDellmdnnl IN '1'111e COURT Ole COMMON PLEAS Ole CUNIDERLAND C'OUNT'Y, I'RNNSYLVAN'IA CIVIL ACTION • LAW NO, 94.0302 IN CUSTODY c)rtp)?,)t UI?? c,guit'?? AND now, this day Ill 2(X)5, Ul)IIII l'nlh (dl'1'llllnll of dle aludched Pellllon Ibr Nlodlliealinll, it in herehy dhrctcd that the parlles and their respective consul appear belitre _-.., the concllhuor, at Inn the du)' ul . _- -_ 21X)5, III u'ehkk ill. for it prc-hcarlog cuNlldy colllereace, At such conlirence, an elfort s+'III I)e rlaule to resolve the issues in dinpule; ur it tins canllol Ix accomphl,hed, III dcline and narrow the Issues to he heard by the canal, and to enler Info it lempurury order. failure to appear al the conference olay provide grounds lilt- entry ill* it lcmpomi? Ill permanent order. For the Court, By: r'u+uXlp r'nnednmur C timboland ComoN Bar Association 2 Llherty Memo: Carlisle, llemm,hmlhl 17013 (717) 249-314(1 AMERICANS 11'1'1'11 DISAIllLITD's ACT OF 1991) SAIDIS S111117i FLOWER 'I'he Court ill* Common Pleas of Cumberland Comm, I'ennsylvanhl, Is required by lase In & LINDSAY comply with the Americans wish Dlsehihiies Act of 1990. for hdilrnlnllon ahoul accessib le lilcilidcs A1'I,IX.1 nMAl.IA1l' and reasonable ucaltnnuululfons ucuBehle e1 dlsnhlcd hldivldunls hnvin hushless )Mire g the cuurl, !n Is'. IIIXa snee, please cunlact our ollice. All ar rangements must be nude al least 72 hours prior it) any hearhlg or Collide, I'A 1111silless b0twe Ills' CUUI'1. Isy the Court, YOU SIIOULD TAME. TIIIS PAIIER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVI: A LAWYER Olt CANNOT AFFORD ON[?, GO 'I'O Olt 'I.vu;PIIONI? THE OFFICE' SEI' FOIATII RELOW I'O FIND MIT WHERE YOU CAN GET LEGAL 111:111, Dade: ,ION C, McRS111 Y, I'InD?Ufl' Vs, RACIIIPI. It, CALANIAN, Dart-Ildl?III c IN '1'111? ('01114'1' Oh CONINION PLEAS of t CUNIIII-30-AND COUNTY, PENNSYLVANIA c I CIVIL. ACTION - LAW t No. 96,002 t t IN CUSTODY /',!'lY'('[?1N IYIIl AI?)U/l?%C?1'lYl)1V NOW comes Ruchel W c'ulnmm?, by and through her unaroeys, SuWls, Sltuff, Kluwer & Lindsay, V.C., and Petlllorls this Ilonorahle court us follows; I, The parties hereto are the parents of three children, 'T'yler Ilershey, hurts Junuury 2, 1992, Sara Ilershcy, boon WY 9, 199-1 uud Emily Ilershcy, horn May 9, 1991. 2. Cuslody of the Children was most recently determined by 311 order ill' court of Juste 11, 2004, a COPY 0( which Is set out 'is I:xII;hII "A", 3, The June 11, 2001 court order asks for till previous existing custody orders SAIDIS SIIIIFF, FLOWER & LINDSAV Aj]UpN 11- T.I V If. W. High hilerl Ciallele, PA IRA ullccted by the June I I order to be In full force and elicct. The January 14, 2003 custody order, uttuched hereto as Ii.thlbil "li ", sets uut the prhlnwy custody ht this case Is with the Petitioner with Respondent enjoying partiul custody on an alternating weekend schedule. 4. SIIICC July 2004, PCtttniel' has sought Respondent's permission to reorder the alternating weekend patient so shut custody of the children con he enjoyed by I'etitloucr when her husband Is off work. Despite un Indication ill' a willinguess ill make such till adjustment in tine schedule, Respondent has fulled or refused to respond it) any requests for telephone conferences or agreement to simply give effect to his stated willingness. 3, The hest Interest nl' the chlhhen would he nerved by having them returned at the end al' Respnndent'n cuslodial perlods tit 7,30 p.ln, WIIP:I EFOI(F., Petitioner prays Ihls Honorable Court to enter an Order rlnldll'yblg the courl's orders of January 10, 2003 and June II, 200.1 to readjust the alternating weekend schedule and fur such other relief as the court deems right and just. 1AIDIS. SlIIIFF, hLU11'I?R & 1.IN'DSAY, Ir,C, Attorneys I'm' DeCendwIIAM111011er SAIDIS 8111IFF, FLOWER & LINDSAY KIR e ;[AE 76 W. 111911 611e01 Calllole, PA Dote: --4L6 ul'u J, .IIIl1tiI1)' I:a'1111I1'e II?N 14693 26 West Ihgh Street Carlisle, VA 17013 (717) 2,13.6222 I, the undersigned, hereby verify (lint the statements made herein are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C,6. § 4004, rotating to unsworn falsification to authorities. Rachel R. Coleman Date, . Z ? " 5AIDI5 SlIUFF, FLOWER & LINIl6AV ninM el AI•l A W. IIIKII Rllrrl Ca llde. I'A it SAIDIS SIIUFF, FLOWER & LINDSAY Vf l_npM 16MUC_E 16 W. IIIKII AUrel Ca,lldo, IAA JON C, IIERNor.-o , t Plubttlil' t t vs, I I RACIII&I. It, CALAMAN, t Uel'cndant I IN'I'IIV COURT OF COMMON PLEAS OF CUNIHI?ItI.ANI) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No, 1)6.002 IN CUSTOM, CI?110'll'IC11'1'1? ()I til?IZVICJ AND now, this_ _I day of Illcl,t? ----- ------ -, 21X15, I, Carol 1, Hildsuy, Fsquhe, of the law 11th of SOOK Shall, Htmer & Lindsay, P,C., Attorneys, hereby certify that I served the will1in Netitiun 1'01- NIodlltruUon this day by depositing sane In the United States Mall, First Class, Postage hepaid, in Carlisle, Pennsylvania, addressed to: MARIA P, ('11(1X1'1 II 210ORANUVII N' AVI MT. St I I v 102 CAMP 11111, PA 17011 SAIDIS, SIIUFF, FLOWER & LINDSAY, Attorneys for Defendon0letitioner r1 I \ I lly:__ -- Can 7. I.Mdsay, :. uhe II) N 4461)3 26 West 111911 Street Carlisle, PA 17013 (717) 243-0222 ,y 0 Q?• 1 ?? ? ?, ., ?" Ilf ? v 1 ? ?. ? '.. •?• i1 1 .) ?r1 ? ?,? r??; ?, SAIDIS SHUFF, FLOWER & LINDSAY Arum ys.Atl 1A W, mKii Simi Gdlde, PA JON C. HERSHEY, Plaintiff vs, RACHEL R. CALAMAN, Dofondent TO THE PROTHONOTARY; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06.6302 IN CUSTODY Please withdrew Defendant's Petition for Modification In the captioned case. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C, Attorneys for Defendant, Rachel R, Celaman Date; j 1 Ig I lo? By, - Carol J. Llnds y, Esqulre ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243.6222 it I, 1 I I 'I l; 41 I F i'I t i ;r : RECEIVED JUN !10 7005e JON C, I11?Ittilll:l', IN TIIE COUNT O CONIMON PLEAS O PlulntllT t CUMIJE tLANI1 COUNT, PENNSYLVANIA v i NO, 96-002 CIVII, ACTION • LAW RAC'IIEL It, C'ALANIAN, Perundmill IN CUSTODY COURT Ultl)I•A AND NOW, thin day of 21N)5, nllim considerath?n or the utlached Custody Conellialh?n Itellort, It Is 41•dered and direcled UN lidlowst 1. A hcuring IN Nchedoled ht Court Room No. 2 or the Cumberinad Comity Courthouse Oil the 1:day of L 't 1 ?+tn. . 10051 ul Pit, At this healing, file Mother shall be the nm)vhng pally lad Nlmll proceed Inhhdh- whh leNthnony. Counsel for the parties shall file svilh the Coal.( and opln?sbng counsel it Menan•atJua? setting forth the history or custody it, this case, the Issues cmrreally before Ihls Court, Loch parties, posilloll oil IIIese issues, it list of svilliess'N Who WIII Ile called to testify on behalf of each party, and it smnana•y of lilt. a illellnIIed testimony of each witness. This Memorandum shall be filed with the Court and opiloshng counsel a least live days prior u? the mentloned healing dole. 1. Pending Inn tiler OrJer of this Gin t, the exL;thng Churl Ch Jer Shull rennin DI clTcct. 1)Y Tlli: Coulp Cct Carol J. Lindsay, Esquire MurII? 11, Cognettl Esquire ° "" ` ?), ?I J • i? c? 1+? , r,• ? '?tr) _.t 'S. ? `?a ILIN ?l ?rk ?S ? ? ?? ?r .? ?; ?? ,- ,. 3 JON C. IIE1181IElk's 1'IuhfUIT VN1 RACHEL It, CALANIAN, Delimdunf IN'I'lll:c(1UIt'1'(11 PLEAS OF t CUNIIII-ALAND COUNT'll', I'Ii;NNSVLVANIA t t NO. 96-03112 (•11'11. ACTION LAW ( t IN CtIS'I'OI?1' t 'I'ke Prior ,ludgct Ilonorelble Kdgm.11. Ilusley CONCILIATION CI?N'I j;ltl:N('4; tiIININ1ARa' ItI:P(?It'I' IN ACCORDANCE 11'1'1'11 '1'111: CUMBERLAND COUNTY CIVIL RULF OF I'I(O('I:I?Ultl{ 1'115.3-Hllt?, Ike undersigned Custody ('nncillufor submits the followlllg reporu I. The pertblew hlformallim perlnitlblg Io file cklhhYn Nklf are Ike subject of fills lillgulinn IN as follimst 'T'yler Ilershey, bee rn.lankill fy 2, 1992 Sorel Ilershey, born Nloy 9, 1991 Emily Ilersh", horn Met) 9, 1994 2. A Cum ody Conciliation Conference srus held all little 17, 211115 Milk life parties 11nd theh• 11uorn"s and file Conelllnlor uiso Con111100 el telephone conference call wilb the aUomeNs for file parlles on ,little 2d, 20115. 3. 'I'ke ponies huvc it rather detailed custody schedule 111111 file,, haY•c ball workblg on for it numher of yeors. Molher wonls lo modify flit schedule by changing file till ern111h1g sseekend pauern. pother Is refusblg because of vurlous reasons. The purlles are also htler"Ied b1 other minor modifitnlions 11) file (ltstody Order, bill file,, lire unuhie it) agree me (hose issues. After till lie- person Collellinllon ('onferelice well it lelepholle aml'crrnew file parties were still unable 111 reach all ugrecmcnl 111111 it hearing Is required. d. The (•ancilfhuor recommends till Order bf file form as uauched. Mule Hubert X. (Milroy, ('usfody Coufcllhy( t,lp JON C, HERSHEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, RACHEL R, CALAMAN, DEFENDANT 90.0302 CIVIL TERM ORDER OF COUR AND NOW, this Zy day of September, 2006, the Issue for resolution at the hearing now scheduled for October 17, 2006, being moot, the hearing Is cancelled, Marla P, Cognelti, Esquire For Plaintiff Xjarol J, Linsday, Esquire For Defendant :sal J Rv the Cnurt./ , :? ?^. ?. ,. ??. r?{+?'` ?' ?'' ?- j> ?? ? `?= ha ') ?y ?? 11,,?? ?? fa 4•i ;;?? E„ ?? '?? ,3 ?? . t ' ' . ?, ????it .A r• l1 ;, JON C. Illltti111-A, 1 IN'i'IIV COURT OF COMMON PLEAS OF I'Inhnlhl' t CUMI11-:I41.AN1) COUNTY, 11I-:NNSI'I.VANIA t v. t NO' 90-0302 CIVIL ACTION. LAW I RAC•III-:1. It, CALAMAN t IN CUSTODY l/N/A RAC•IIIA, It. III-:1611EY, t Ucl'endnnt t cUUIt'I' Ultl))?It AND NOW, tills Cj doy of I"ebrunry, 219Ki, ulum cnnshlerttlimt of tile affildled Custody Collelllufioll Report, II Is ordered 111111 directed as follmvst 1, The parties shall submlt Ihentsehcs 111111 the mbu11 ChBth•ell ut till evoluufion by Dr, Arnold &hiemoid, Mitch evalo lloo Shull he specilleally Il11dled to alldressIlig tile preference ill' the chilth•en till file custody Issue. Both parties shall Cooperate till(] skull ensure that the 11nhun• children caoperwe lit tills Rolled eva loofl 111 session, Cos( of the evnh11nion shall be paid I'or by Ilse lather except Mother skull pay file portion of (he costs llhere she Is Invohed ht the evaluullon session, 2. Upon the Conchtslotl tit' the esnl11nlloo by Dr, Shiemold, collosel for file parties in11y conluct (he Custody Coocillotor directly it the event the) wa llf 111 n?tive tills rose toward it hearing. Addillon1111y, upon conchtsloo of (be metltioned evaluatlon, either pm•(y stay retain another esvlu11nn• It this 1WHICIllor case 1111 their own expense with the understalldltg 1111111 the partles and the olltor Children will Cooperate II ally further evoluatloo. 3. Pending further Order of phis Court, (his Court's prior Order i? this matter shall remain lit effect, Cct Maria Cognetti, 1?squire Carol Lindsay, h:squh•e h din 00 11c .-1 'Itio- w C C`i BY Till?. COURT', rl r. ".. n? m ?r,r , .. -.. i ,rte • ? ?u i?? r '. 47 i .'?"' "" r.i:crr r?. ??, r ?: ? r is .f .,i.',, LJ ?? t'j .. . JON C, IIEI S11EY, I'lablliff RACIIEL It, CALAM1IAN F/h/A RAC'IIEL It, HI-:1611 ?1', Defertdtmt IN'1'llh: ('OUIt'I' OF ('UMM1ION PLEAS OF UUNIRNRLAND COUNTY, PENNSYLVANIA NO, 9640112 CIVIL ACTION • LAW IN CUSTODY Prior Judget The Ill)noral?le Edgar II, Ilayley CONCILIATION CONI'k:1tl NCE_rSul?MINIMMITI31' IN ACCORDANCE. WITH '1'111? CUMBERLAND COUN'T'Y CIVIL RULE OF PROCEDURE' 1915,3-811?), the undersigned Custody Conciliator submits file following reportc 1. The perih?ent brfl)rnntllon perfah?b?g a? file chgdren will) are the subject of this litigation Is its follows: 'T'yler Jon Hershey, horn,lunuary 21 1992 Frully Goa llershey, born M1Tay 9, 1994 Sam Rebecca Hershey. born May 9, I')')4 2. A Concflhuion C'onf'erence was held on February 9, 2000 with file following individuals h? talend:urce: The Mother. Rachel It. Qdan?ta?, with her counsel, Carol Lindsay, Esquire The Father, Jon C. Hershey, with his counsel, Maria Cog??etfi, Esquire 3. The parties agreed to the entry of on OI.(Ier in the form as attached. Date: February L_, 200u Hubert A. Gilroy, E Custody Conciliator yr JON C.111 1(SIWY I IN I III COUR l 01 CONINIt IN PI.FAS of I'L,\IN I I11 I l'l1nIIN:ItI ANU C(11 ?N 11', I'I.NNS1'LN'ANIA I N' t 90.6302 CIVII. A( 'I ION I.AW ItACI IPI. IC CAI.AMAN I°/K/A RAL111:1-It. lii:ltslll:Y I IN CUS I ODl' Ill I•I NI)AN'f I ORDE.It OF COURT AND NOW, 1Vednesday, MmIlnher Id, 21106 , upon C011hidertllioll UI'Ihe auaehMl ('anlplahlt, it IS IIVI'CII? dll'eCted Ihat parties and Iheir respective couwscl appear below Iluberl X. eillruy, poll, tile colicilialor, at 41h hluur, Cmnberlund cuuwty courthuusc, curlhle on 'fhursduv„lulluarv, 19, 2006 at 1000 ANI lur it IIIC-1 leaning Custody ('unl'erence. At such cunlrrrncc, an ellbrt Mll he nuUle w resohC the JYSUcS in displnC, ur Willis cannot be wccomplished, to deliwe and mtll'im the Issues to be hcmd b) the collrl, and to enter into a teltnlI01ill) order. All children aRe Il%e or older Inns also be presem ill the amfrrence. I allme to appear tit the conference mos pant life grounds for eon) of a teolpolar) or pellnl1nent order. The eourl bereby dh•eets the pwrtlen al hirnlsh any will all evlntblµ ProleCllnn front Abuse orders, Speclnl Itellel' orders, nod C116111d1 orders In the concillmor 48 hours prlar Ili scheduled 11ew1•Ing. FUIt 111f. ('()(!It 1. It): It/ Huberr.Y, G11ray, rsq, l? (lMp,tl\ C?UIIe1110Ua' ?? I he Com1 ofCopmlon Pleas ol'Cumberhtnd Count) is required by Iris to Comply ssith the Americans with DlsabiIlies Act al' 1990. For ill liaamtion about accessible liieiIitiCS and reasuMble nccnnunodntions av tillable to disabled individuals having business belbre the court, please annact our ill lice. All arrangements must he made to least 72 hours prior m an) hearing or business belon•e Isle C01111. YOU muss attend the Scheduled conference or hearing. YOU SHOUT D TAKIi'I I IIS PAPI'K'10 YOUR A I I ORNF1' A I ONCI:. 11: YOU DO NOT IIAVI: AN A'1"1'URNPY Olt C'ANNOF AFFORI) ONI'.. (it )1'0 Olt'ITTITIIONI{fill: OFFICE SP.'1' FOR'I'll 111:U)W'fO FIND OU I' %VI II RI: YOU CAN (il:l LI[(iAl. 1111P, Cumberland County Bill Associi1tion 12 Soulll Ilediord Street Carlisle. Penn%vkania 17013 I'Clephone (717)249.3 Io6 t'J /„7 ?/S? 'n?? ??f?'?u ?trt•wN'/ G? rA?' ?in?ay?, DEC 1 2 1005 1/I,I I I'AL llKill Ihicool,Ilvlvbc).rplcoJhIyvloci IIhill h, Mndll) ( UMnd) it lid 1huil bvl 7, J00 JON C. I IIIRSI IFY, ; IN TI II COl1R•I' OF COMMON PLEAS 1111,1111011, ; CIIMIIIiRLAND COUNTY, PI:NNRYI.VANIA RACI II?I. It, CALAMAN, I>k/a RAC HIT It, I I11611I:Y, I)elcn,hult NO. 90-(002 CUSTODY NO. 1219 StIPPOR'1' 1996 oltlg"ll op C ()IIIt.i' AND NOW, upon conslderallon of the aunched Pelillon to Modify I:Xlsling Custody Order, R is herehy directed that [Ile luu'lles and their respective counsel appear belilre I'.squhe, c'ortclllutnr, nl the .._ . 17elutsylvanilt, on the - day of • 2005, al .m., liar it I'rc-1 Icw'ing c'uslody Conlcrcnce. At such conlerence, III) ellbrt will be made w resolve the Issues hl dispute; or. if Iltis ccnutol he accomplished, to delltw and nu row the issues to be heard by the Court, and to enter Into it temporary Order. All children age live or older may also be present al the conlerence• F allure it) appear nl the conference may provide grounds Ibr the enu•y ol'a temporary or pernuntenl Order. FOR 'IlIF COIIR*f DATED: BY: ('ustudy CuncilinRn• YOU SHOULD TAICI? THIS PAPER TO YOUR LANVVER AT ONCE. IF VOU DO NOT IlAV1. A LAWYER Olt CANNOT AFFORD ONE. GO TO OR TELEIIIIONE T111. OFFICE SET FORTH BELOW TO FIND OUT WIIE111E YOU CAN GET LEGAL IIIELP, Cumberhunl County liar Assocblllon 2 Liberty Avenue (llrlisle, l'A 17013 (717) 249-3164 1111rn11MV0,I) I1ru11l•I.1'IdIsMiPoo Poli l III Alwlll 1110 41 IIpJ MARIA N, COGNIK 111 III ANNOCIA'I•EN MARIA 11, COGNR31'I,1:NglllllE Allmno 11) No. 171114 110(11nolHloP, Avenue, tiuuc 1112 tlunp 11111, pA 171111 k1cpha0e No 171711109141100 J)"CIIII)VI i, l1IM Anu nc n I1n' I'luhnlll JON C. IIIASI11A, ; IN'I'1II: COl1R'I.OI' COMMON 111,1?AS PlnhnflT C'11MBFIC ANI) COUNTY, pI;NNSYI,VANIA ?'• ; NO, 96.6302 CUSTODY RACI11:1, It, C'ALAMAN, Gk/a RACHEL It, III ItSlll'.1', Ik'lendunt PETITION •1'0 MOMEY h,XIS'1'INC; CI1S'l'OI)V Ottl)h.It AND NOW, conies 111lhuil7, Jon C. I Iershey, by and through his o0orncy, Muria 11. Cogncttl, Iisyuhr, alld Iles Ilnis I'elilion III Modify histhng Custody Order and hi support Ihereul', avers as lullows: Pluhuill'Is Jon ('. I Icl.l;ltcy, who currently resides tit 40A Old Snnnehoune Ruud, Carlisle, Cumberland Count, I'ennsylvanhl. 2. I)elendunt is Rachel It, C'alam nn, who currently resides tit 109 Shirley Lane, Boiling Springs, Cumbcriand County, Pennsylvania. 3. I'laintlif and I O'Cildnnt are the parents of three (1) minor children, namely, Tyler Jon I lershey, burn January 2. 1992, Fluily (inn I lershcy, burn May 9. 1994, and Sant Rebecca Hershey, horn May 9, 1994• 4. There is presently an existing Custody Order ht this mutter dated January 10, 2003, docketed tit the above term told number, I't Ilcnl IIII tt1III IIvltlly}414,l.llupt I'cu0nn bi x11 i1141'IM.Wi ep0 I Ittl'111IWI 1. 21106 Pursliam ?o sold tJrde•, the pnrlles have shared legnl custody twilicir minar children, I)ellrodanl has primary physical ellmody' mid PlnlmlWlids perlods of portlnl physical custody,l h. I'h11nt111'helleves and Iherel2ire avers, that It Is In the hest huerest offlie minor children thin this e'usiady th•der he riul1111led lol• the IWItminµ reasons: it. fie children suungtly deshe to spend am equal amount (1I'Ilme will) hull) parties, h, 111u1nt111'Is it Ill parent and it, equally avalhlhle to the children, C. Ph1111t111,Is deshous o ,11110np slowed physical custody ofthe children, The children's hest Interest would he se'x'ed II'I'Iahit111'had shored physical custody of the mhlor Children. 7, I'InImllYhellevcs and theelbre livers that it Is ht the children's hest Interest that he he awarded shored physical custody o1•then, ' A Cw ttdy Order entered on April 2.1, 2003, rnlluwing an April 23, 2003, Custody Coaclliatlon Conference provided air the parties Io nltemme cuelody on nmlor holidays. A Custody Order wits subsequently entered on time 11. 20061, which amoded Al current Custody Orders sad provided lbr the pm1les In share physical custody of (heir ndnor children on nn nhenuning week on week oll'schedule during the children's summer vacation pcrlads. 'I lit! hme 11, 21111, t'uswdy order provided Ihm all other provisions ol•Ihe existing custody orders would remain In Oleo. I 'I Ilenl I )III ccI'll }''l lcullr} 1'plnulluye'I'cllllnn 1.1 DI.WIF} l ol.,d} 111-J Ikcoillm 7, 111114 WI IIMI_fcll(l:, I} olot111'reyuests thls I lonoruhlu Court grunt him shored legal and phynlcul custody ol'the ulorememloned minor ehlldruo, Itespectl'ully submilled; MARIA 10, COGNh111 & ANNOCIA,rrui i Dulel December 7, 2005 Ilyc MARIA V. C wN?'rn, 1.-.NQlllltl: Attorney I.1). Ne .' 71114 210 c11•undvlew Avenue, tiulle 102 Comp 11111, PA 17011 Telephone No. (717)909.4000 Attorney for Phllmill' VL, RI PICATION I, JON C, MItSHRY, harcby verily and state Iltat the r'aots sat Iorlh In tits rorcgohtg document are trUC Ulld COITW to tile best of ltny hilunnatlon, knowledge and bailer; I understand that 110160 stutemcnts herein ore made subject to the penoltics of 18 Pa. C,S,A, §4004 relating to miswom vcrilication to ou0norilles, DATM 7 ?05 JO FII!RSFI?Y 7? I'1 Illlll llll?dlpl iIYIIIII')•I111Y,bIIIIN I'llcllllnll U, Almlll) l 11NWI) llll,l llelCllll,l'11. 111115 E1111 IUD ssvrE.twl.CE I, Mnrhl 11, Cognenl, I{Nquh'c, Attorney lily Pinhnfll'hcrchl, do hurchy certil'y Thal on MIN duce I Nerved the Ibregohag I lelhlam Ibr ModIIIcalIm1 ti l'I•:xItit htg ('uslody (Inter by deposilhtg it mac and exact copy Ihcrcof hl the t lulled States mall, Ih•Nt OINK, poNinge prepaid, addrumed as IbI1oWN; Carol J, I.htdnay, Fstluh'e IVAID/No ShIVIT, I'l.DIVIiH A LINPSAY 20 WeNI I ligh Street Carlisle, PA 17013.2922 MARIA P, COCNI:'1"1'1 4 ASSOCI411 EN Date: ivlnizin I?. cc?c? 1?: i°rl, rnc?uilir. Attorney LO. No. 914 210 Grandview Avenuc, Suite 102 Camp I IIII, PA 17011 Telephone Nt(. (717)1)09.4040 Attorney Ibr Plaintlif ?? in C' u'i ; ', iJ ' ? ? ' ' ' li ? l r 1 u?l? I ?.: ?.? ' ? i. s t . ?? r ?, ? , . ? ? ?1 JON C. HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 96-6302 RACHEL R. CALAMAN, Defendant IN CUSTODY PETITION FOR MODIFICATION NOW comes Rachel R. Calaman, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, P.C., and petitions this Honorable Court as follows: 1. The parties hereto are the parents of three children, Tyler Hershey, born January 2, 1992, Sara Hershey, born May 9, 1994 and Emily Hershey, born May 9, 1994. 2. Custody of the children was most recently determined by an order of court of June 11, 2004, a copy of which is set out as Exhibit "A". 3. The June 11, 2004 court order asks for all previous existing custody orders SAIDIS SNUFF, FLOWER & LINDSAY ATTORWYS•AT•LAW 26 W. High Street Carlisle, PA not affected by the June 11 order to be in full force and effect. The January 16, 2003 custody order, attached hereto as Exhibit "B ", sets out the primary custody in this case is with the Petitioner with Respondent enjoying partial custody on an alternating weekend schedule. 4. Since July 2004, Petitioner has sought Respondent's permission to reorder the alternating weekend pattern so that custody of the children can be enjoyed by Petitioner when her husband is off work. Despite an indication of a willingness to make such an adjustment in the schedule, Respondent has failed or refused to respond to any requests for telephone conferences or agreement to simply give effect to his stated willingness. 5. The best interest of the children would be served by having them returned at the end of Respondent's custodial periods at 7:30 p.m. WHEREFORE, Petitioner prays this Honorable Court to enter an order modifying the court's orders of January 16, 2003 and June 11, 2004 to readjust the alternating weekend schedule and for such other relief as the court deems right and just. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant\Petitioner SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA By: ID# 44693,-/ 26 West High Street Carlisle, PA 17013 Date: (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Rachel R. Calaman Date: 3 i/ k?-s- SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•ATwL W 26 W. High Street Carlisle, PA JON C. HERSHEY, Plaintiff VS. RACHEL R. CALAMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-6302 IN CUSTODY CERTIFICATE OF SERVICE AND now, this- h day of 4.4 (:1 P , 2005, I, Carol J. ? Lindsay, Esquire, of the law firm of Saidis, Shuff, Flower & Lindsay, P.C., Attorneys, hereby certify that I served the within Petition for Modification this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: MARIA P. COGNETTI 210 GRANDVIEw AVENUE, SUITE 102 CAMP HILL, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys for Defendant\Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 6 By:? aro J. Lindsay, uire ID # 44693 26 West High-Sireet Carlisle, PA 17013 (717) 243-6222 26 W. High Street Carlisle, PA `?.J ? ? s ? s ?' ?5 U` I` . JON C. HERSHEY PLAINTIFF V. RACHEL R. CALAMAN DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAPPA 96-6302 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 23, 2005 , upon consideration of the it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 15, 2005 Complaint, , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the iss ies in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and tc enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the ??onference 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 Ab se orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heari FOR THE COURT, By: /s/ Hubert X. Gilroy, 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 acconv iodations available to disabled individuals having business before the court, please contact our office. Al 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 OFFI 'E 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 ?sc? 5 2, IkW sc? RECEIVED JUN JON C. HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 96-6302 CIVIL ACTION -LAW RACHEL R. CALAMAN, Defendant IN CUSTODY COURT ORDER AND NOW, this to? day of , 2005, upon consideration of the attached Custody Conciliation Report, it is dered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 114 day of bA&bt&_ , 21105, at 1 30 p. m. At this hearing, the Mother 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 this Court, each parties' position on these issues, a list of witnesses who will be called to testify on behalf of each party, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed with the Court and opposing counsel at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the existing Court Order shall remain in effect. ",c: Carol J. Lindsay, Esquire j Maria P. Cognetti, Esquire "1"1°`°° .7,°G. a r' s -L T d x a? JON C. HERSHEY, Plaintiff VS. RACHEL R. CALAMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6302 CIVIL ACTION LAW : IN CUSTODY The Prior Judge: Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Tyler Hershey, born January 2,1992 Sara Hershey, born May 9,1994 Emily Hershey, born May 9, 1994 2. A Custody Conciliation Conference was held on June 17, 2005 with the parties and their attorneys and the Conciliator also conducted a telephone conference call with the attorneys for the parties on June 24, 2005. 3. The parties have a rather detailed custody schedule that they have been working on for a number of years. Mother wants to modify the schedule by changing the alternating weekend pattern. Father is refusing because of various reasons. The parties are also interested in other minor modifications to the Custody Order, but they are unable to agree on those issues. After an in- person Conciliation Conference and a telephone conference, the parties were still unable to reach an agreement and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date Hubert X. Gilroy, Custody Concilio JON C. HERSHEY, Plaintiff VS. RACHEL R. CALAMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-6302 IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw Defendant's Petition for Modification in the captioned case. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorney,; for Defendant, Rachel R. Calaman SAIDIS SHUFF, FLOWER & LINDSAY Date: 5 By: M4, ? Wn Carol J. Li s y, Esquire-- I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 26 W. High Street Carlisle, PA _ C cry ;1 fj t? G7 :Y- O c> PrS N Cl) JON C. HERSHEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RACHEL R. CALAMAN, DEFENDANT 96-6302 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2005, the issue for resolution at the hearing now scheduled for October 17, 2005, being moot, the hearing is cancelled. By the Cou , J. Jdaria P. Cognetti, Esquire For Plaintiff Xarol J. Linsday, Esquire For Defendant :sal J 1 a cv --" i - L cn N I:\Client Directory\Hershey-J\pleadings\Petition to Modify Custody.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 December 7, 2005 Attorneys for Plaintiff JON C. HERSHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 96-6302 CUSTODY RACHEL R. CALAMAN, f/k/a RACHEL R. HERSHEY, Defendant PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW, comes Plaintiff, Jon C. Hershey, by and through his attorney, Maria P. Cognetti, Esquire, and files this Petition to Modify Existing Custody Order and in support thereof, avers as follows: 1. Plaintiff is Jon C. Hershey, who currently resides at 40A Old Storehouse Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Rachel R. Calaman, who currently resides at 109 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the parents of three (3) minor children, namely, Tyler Jon Hershey, born January 2, 1992, Emily Gaa Hershey, born May 9, 1994, and Sara Rebecca Hershey, born May 9, 1994. 4. There is presently an existing Custody Order in this matter dated January 16, 2003, docketed at the above term and number. 1:\Client Directory\Hershey-1\pieadings\Petition to Modify Custody.wpd December 7, 2005 5. Pursuant to said Order, the parties have shared legal custody of their minor children. Defendant has primary physical custody and Plaintiff has periods of partial physical custody.' Plaintiff believes and therefore avers, that it is in the best interest of the minor children that this Custody Order be modified for the following reasons: a. The children strongly desire to spend an equal amount of time with both parties. b. Plaintiff is a fit parent and is equally available to the children. C. Plaintiff is desirous of having shared physical custody of the children. d. The children's best interest would be served if Plaintiff had shared physical custody of the minor children. Plaintiff believes and therefore avers that it is in the children's best interest that he be awarded shared physical custody of them. i A Custody Order entered on April 24, 2003, following an April 23, 2003, Custody Conciliation Conference provided for the parties to alternate custody on major holidays. A Custody Order was subsequently entered on June 11, 2004, which amended all current Custody Orders and provided for the parties to share physical custody of their minor children on an alternating week on week off schedule during the children's summer vacation periods. The June 11, 2004, Custody Order provided that all other provisions of the existing custody orders would remain in effect. I Uient Directory Hershey-1\pleadings\Petition to Modify Custody.wpd December 7, 2005 WHEREFORE, Plaintiff requests this Honorable Court grant him shared legal and physical custody of the aforementioned minor children. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: December 7, 2005 By: / vt MARIA P. COIN TTI, ESQUIRE Attorney I.D. N& 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, JON C. HERSHEY, 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 unsworn verification to authorities. 4JOHER'SHEY DATE: I ?06 I:\Client Directory\llershey-J\pleadings\Petition to Modify Custody.wpd December 7, 2005 CERTIFICATE OF SERVICE 1, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Petition for Modification of Existing Custody Order by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2922 MARIA P. COGNETTI & ASSOCIATES Date: /-,) h /OJ By: MARIA IV. CO( ?TTI, ESQUIRE Attorney I.D. No: 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff (? ? U i C -,7 W ?c? ? --C ? ? ?,, _ _, '.?;". ?. JON C. HERSHEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUN FY, PENNSYLVANIA V. 96-6302 CIVIL ACTION LAW RACHEL R. CALAMAN FWA RACHEL R. HERSHEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 14, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 19, 2006 _ at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children akc 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, 13y: /s/ Hubert X. Gilroy, F.? j? 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 oily Sv- _/ tai -joy- A-e/ t JON C. HERSHEY, Plaintiff V. RACHEL R. CALAMAN FIK/A RACHEL R. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6302 IN CUSTODY CIVIL ACTION - LAW COURT ORDER AND NOW, this day of February, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor children to an evaluation by Dr. Arnold Shienvold, which evaluation shall be specifically limited to addressing the preference of the children on the custody issue. Both parties shall cooperate and shall ensure that the minor children cooperate in this limited evaluation session. Cost of the evaluation shall be paid for by the Father except Mother shall pay the portion of the costs where she is involved in the evaluation session. 2. Upon the conclusion of the evaluation by Dr. Shienvold, counsel for the parties may contact the Custody Conciliator directly in the event they want to move this case toward a hearing. Additionally, upon conclusion of the mentioned evaluation, either party may retain another evaluator in this particular case at their own expense with the understanding that the parties and the minor children will cooperate in any further evaluation. 3. Pending further Order of this Court, this Court's prior Order in this matter shall remain in effect. BY THE COURT, Edgar B. Bayley, Judge Cc: Maria Cognetti, Esquire ?y Carol Lindsay, Esquire J - 6 k (' itiu l LC.?. Jzt° >. =, :> ;.? _ ? =: ?.._ ??_ <? ?: } JON C. HERSHEY, Plaintiff V. RACHEL R. CALAMAN F/K/A RACHEL R. HERSHEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6302 CIVIL ACTION - LAW : IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Tyler Jon Hershey, born January 2, 1992 Emily Gaa Hershey, born May 9, 1994 Sara Rebecca Hershey, born May 9, 1994 2. A Conciliation Conference was held on February 9, 2006 with the following individuals in attendance: The Mother, Rachel R. Calaman, with her counsel, Carol Lindsay, Esquire The Father, Jon C. Hershey, with his counsel, Maria Cognetti, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: February (3 , 2006 Hubert X. Gilroy, E Custody Conciliator 6 JON C. HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 96-6302 CIVIL ACTION - LAW RACHEL R. CALAMAN, IN CUSTODY F/K/A RACHEL R. HERSHEY, Defendant CMG v 2 9 20M ORDER OF COURT "(& AND NOW, this _ day of N ovrffltier, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered as follows: 1. A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the 1? day of ?. 2007 at 0 5 m. At this hearing the Father shall bete moving party and shall proceed initially with testimony. 2. Counsel for the parties shall file with this Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court., a list of witnesses who will be called to testify on behalf of each party, and a i,;ummary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 3. Pending further of the Court, this Court's prior Orders in this matter shall remain in effect. BY THE C, Edgar B. Cc: Maria P. Cognetti, Esquire Carol J. Lindsay, Esquire I ?f5 1 >- cox. CO --- ?- to C . Cl- - C? ( ? = LLJ {?L L.a . O O A } N 4 JON C. HERSHEY, Plaintiff v RACHEL R. CALAMAN, F/K/A RACHEL R. HERSHEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6302 IN CUSTODY CIVIL ACTION - LAW Prior Judge: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.34(b), the undersigned Custody Conciliator submits the following report: This case was referred to Dr. Shienvold for an evaluation with the understanding that the parties could request a hearing in the event a resolution could not be reached after the evaluation. Counsel for one of the parties has contacted the Conciliator requesting that a hearing be scheduled, and the Conciliator recommends an Order in the form as attached. Date: November , 2006 HWert X. GOO, Esquire Custody C ciliator JON C. HERSHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 96-6302 RACHEL R. CALAMAN, f/k/a RACHEL R. HERSHEY, : CIVIL ACTION - LAW Defendant :CUSTODY ORDER OF COURT AND NOW, this day of January 2007, it is hereby ORDERED that the Hearing scheduled for February 22, 2007, at 8:45 a.m. is hereby continued and shall be heard on Thursday, March 1, 2007, at 8:45 a.m. in Courtroom 42 of the Cumberland County Courthouse. BY THE CO Edgar B. 9a-yley, Judge l Di ribution: aria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 arol J. Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013 >.- -?' y 'k ?°? ' ,> L },...... i?3 k f-' ?.,'.? x.'1 F.?, C ? -?? { +?-?. ??.. t i... ? t? ,?.?ti ?i ?- ?? ?w -- '"7 Y-^- Ls c?_-_r ?:3 ? r_-? ' r -a JON C. H ERSHEY, PLAINTIFF V. RACHEL R. CALAMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-6302 CIVIL TERM ORDER OF COURT AND NOW, this C6? day of March, 2007, a continuance of this custody hearing shall commence at 8:45 a.m., Thursday, March 29, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Edgar B. Bayley, J. xaria P. Cognetti, Esquire For Plaintiff arol J. Lindsay, Esquire For Defendant :sal ,Lu CrN uj LU cv tt C JON C. HERSHEY, PLAINTIFF V. RACHEL R. CALAMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-6302 CIVIL TERM ORDER OF COURT AND NOW, this day of April, 2007, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Jon C. Hershey and Rachel R. Calaman, shall have shared legal custody of Tyler Hershey, born January 2, 1992, Emily Hershey, born May 9, 1994 and Sara Hershey, born May 9, 1994. (3) The mother shall have primary physical custody of Tyler, Emily and Sara. (4) The father shall have temporary physical custody of Tyler, Emily and Sara: (a) During each school year, on a two week cycle starting on a Thursday on the first week from after school until the start of school on the Wednesday the next week (the mother shall then have the children from Wednesday after school through Thursday morning before school the next week). (b) During the summer school vacation period, in alternate weeks with exchanges on Friday at 8:00 p.m. (5) As per the prior court order, the parents shall, each year, alternate New Year's Day, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, with the holidays reversing the next year. (6) As per the prior court order, Christmas shall alternate in two segments. Segment A from December 24th at noon until December 25th at noon, and Segment B from December 25th at noon until December 26th at noon. -46ria P. Cognetti, Esquire For Plaintiff arol J. Lindsay, Esquire For Defendant :sal 4 7j 'r' it ?+ .1 i T: 210 7 AJP - 2 11i 3: 2 ' JON C. HERSHEY, Plaintiff V. RACHEL R. CALAMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 96-6302 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY_ CUSTODY AND NOW, the Plaintiff, Jon C. Hershey, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., avers the following: 1. The Petition of Plaintiff/Father Jon C. Hershey respectfully represents that on April 2, 2007 the Honorable Edgar B. Bayley entered an Order of Court for custody, which vacated and replaced all prior custody orders. A true and correct copy of the custody order is attached as Exhibit "A". 2. According to the terms of the April 2, 2007 Order, Plaintiff/Father and Defendant/Mother currently share legal custody of their three (3) children:' Tyler Hershey, born January 2, 1992, Sara Hershey and Emily Hershey, born April 9, 1994, with Defendant/Mother having primary physical custody, and Plaintiff/Father having temporary physical custody as follows: a. During the school year, Plaintiff/Father has custody of the children' from Thursday after school until Wednesday before school, or six (6) overnights in a two (2) week period, and Defendant/Mother has custody of the children from Wednesday after school until Thursday before school, or eight (8) overnights in a two (2) week period. b. During the children's summer vacation from school, Plaintiff/Father and Defendant/Mother share custody of the children equally, with a week on/week off schedule and a custody exchange on Friday evenings at, 8:00 p.m. 3. This Order should be modified because: a. Plaintiff/Father is petitioning this Honorable Court to extend the sw; pI mer custody schedule of week on/week off with a Friday evening 8:00' p.m. custody exchange for the entire calendar year. b. Plaintiff/Father believes that the current mid-week custody exchange during the school year is disruptive to the children. c. The summer custody schedule, wherein Plaintiff/Father' and Defendant/Mother each have half of the overnights with the children, has worked well for the parties and the children during the summer months of 2007, 2008 and 2009. d. Plaintiff/ Father is currently disabled and does not work, so he has no outside obligations that inhibit his availability for the children. e. The children have expressed to Plaintiff/Father that they are in favor of a week on/week off custody schedule during the entire calendar year. £ Plaintiff/Father believes that a modification extending his visitation to half of the overnights with the children annually would provide stability and permanency to the children. WHEREFORE, the Petitioner requests that this Honorable Court modify the existing Order for custody because it will be in the best interests of the children. Respectfully submitted, DATE 0 Iz-+ o ABOM & KUTULA US, L.L.P. Kara W. Haggerty Attorney for Plaintiff Ji J ID No. 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION I, JON C. HERSHEY, verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date -I "1 ^ V JO HERSHEY JON C. HERSHEY, PLAINTIFF V. IN THE COURT OF COMMON PLEAS. OF CUMBERLAND COUNTY, PENNSYLVANIA RACHEL R. CALAMAN, DEFENDANT 96-6302 CIVIL TERM ORDER OF COURT n?- AND NOW, this day of April, 2007, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Jon C. Hershey and Rachel R. Calaman, shall have shared legal custody of Tyler Hershey, born January 2, 1992, Emily Hershey, born May 9, 1994 and Sara Hershey, born May 9, 1994. (3) The mother shall have primary physical custody of Tyler, Emily and Sara (4) The father shall have temporary physical custody of Tyler, Emily and Sara: (a) During each school year, on a two week cycle starting on a Thursday on the first week from after school until the start of school on the Wednesday the next week (the mother shall then have the children from Wednesday after school through Thursday morning before school the next week). (b) During the summer school vacation period, in alternate weeks with exchanges on Friday at 8:00 p.m. (5) As per the prior court order, the parents shall, each year, alternate New Year's Day, Easter, Memorial Day, July 4th, Labor Day and Thanksgiving, with the holidays reversing the next year. (6) As per the prior court order, Christmas shall alternate in two segments. Segment A from December 24th at noon until December 25th at noon, and Segment B from December 25th at noon until December 26th at noon. Maria P. Cognetti, Esquire For Plaintiff Carol J.'Lindsay, Esquire For Defendant sal TRUE COVY FROM RECORD 'n Tastim . - pry IlWd and << e s I ,,I' ;e, Pa. _ CERTIFICATE OF SERVICE AND NOW, this ?4 day of September, 2009, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Petition to Modify Custody on the Defendant, via regular U.S. mail, First Class, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire Counsel for Defendant Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 iaw_ Kara W. Haggerty, q ' e 0 OF zoos SEP 24 -70,00 pd , If 'f? JON C. HERSHEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1996-6302 CIVIL ACTION LAW RACHEL R. CALAMAN IN CUSTODY D1iFF.NDANT ORDER OF COURT AND NOW, Friday, October 02, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 30, 2009 i at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro 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 no ?? '? PJA 45 -fly DEC 012009 JON C. HERSHEY, Plaintiff VS. RACHEL R. CALAMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1996-6302 IN CUSTODY , /? COURT ORDER AND NOW, this --,;;A day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in courtroom #2 of the Cumberland County Courthouse on Wednesday, December 16, 2009, at 1:30 p.m. At this hearing, the Father 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, each party's position on the current custody dispute, a list of witnesses who will be called to testify on behalf of each party, and a summary of anticipated testimony of each witness. This Memorandum shall be filed in chambers on or before Friday, December 11, 2009, with copies served on the opposing counsel either by personal service on that Friday or via facsimile. 2. Pending further Order of this Court, this Court's prior Order of April 2, 2007, shall remain in place. cc: ra W. Haggerty, Esquire r'Carol J. Lindsay, Esquire c6 1 kg rrte- t Cfz?L la?a,?vQ JON C. HERSHEY, Plaintiff Vs. RACHEL R. CALAMAN, Defendant Prior Judge: The Honorable Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 1996-6302 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Tyler Hershey, born January 2, 1992 Sara Hershey, born May 9, 1994 Emily Hershey, May 9, 1994 2. A Conciliation Conference was held on November 30, 2009, with the following individuals in attendance: The mother, Rachel R. Calaman, who appeared with her counsel, Carol Lindsay, Esquire, and the father, Jon C. Hershey, with his counsel, Kara Haggerty, Esquire. 3. The parties had a hearing before Judge Bayley in April of 2007 which resulted in the existing Order of April 2, 2007. Father is now seeking a modification of the existing Order and is, essentially, seeking a 50-50 custody arrangement. Mother is unwilling to agree with Father's request and a hearing is required. The hearing should take no more than one-half day. 4. The Conciliator recommends an Order in the form Date: November ? V '2009 Hubert X. GiJ oy, Esquire Custody C ciliator ALED" 2009 DEC -2 Ar'-l 10* 314 44 ?? RR ,illf JON C. HERSHEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RACHEL R. CALAMAN, DEFENDANT 96-6302 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 94\ day of December, 2009, the petition of Jon C. Hershey to modify the custody order of April 2, 2007, IS DENIED. ?Kara Haggerty, Esquire For on C. Hershey Carol J. Lindsay, Esquire For Rachel R. Calaman By the Edgar B. Bayley, J. sal ?? t 'E S ,ti,*a.1 LCL „ CIE' Zug q-c {8 g", : 23