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HomeMy WebLinkAbout00-01441 IN THE COURT OF COMMON PLEAS -------- Susan-- A._-Crouse.-__-_---.--- Plaintiff ---------------------------------------------_-.------ Versus Ray W. Crouse N o ...0.0....14X1.1... C i v-i.l.... eWt DECREE IN ®®????gDIV0RCE CUJ AND NOW,... i.:].? .a/.... ...J?. , t4.20M, it is ordered and decreed that sus.an..A....crnuse ................................ plaintiff, and .Ra.y..W...Crous.e ......................................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None ....Tbe..t.erms..of. the-parties ':.Ma.rita.l• •Set-blement• A •eement• dated .. ,Ianua.ry. 9.,..200.2 . is..incorpora.ted. ]?er?i:n .hu?..merg.ed • herewith. By lT e C u y -------- _......---------- Attest: :rA..??{A<:.'A7??A'3",?..'?S;: ?h?.?.K..::>'Ai ?.,:?r...: ?i Ai.::-:??; E A,;:"A. .A,???; ?,:.:O:L: J. Prothonotary ,.r ol? L T T SUSAN A. CROUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-1441 CIVIL TERM RAY W. CROUSE, CIVIL ACTION -LAW Defendant : IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this 9itk- day ofg 2002, between Susan A. Crouse (hereinafter called "Wife") and Ray W. Crouse (hereinafter called "Husband") WITNESSETH: The parties hereto are Wife and Husband, having been married on December 27, 1993, in Salem, VA. There was one child born of this marriage, William Ray Crouse, born September 25, 1996. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife by the explicit reference to the authority of the Cumberland County Domestic Relations Division of the Cumberland County Court and by the agreement of the parties to a defined and unrnodifrable amount of alimony to be paid by Husband to Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Maria P. Cognetti, Esquire, for Wife, and Taylor P. Andrews, Esq., Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either 2 I Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 3. PROPERTY - REAL AND PERSONAL Wife and Husband do hereby acknowledge they have heretofore sold their marital residence that was their only marital Real Property. The proceeds have been deposited into an account at Harris Bankers [Harris Super Saver 55000000167] in the name of Husband and Wife. Husband and Wife agree that the balance in the account shall be divided with an amount equal to the interest earned on the account paid to Husband, and the balance paid to Wife. All other intangible marital property, including all employment benefits, shall be retained by Husband free and clear of any claim by Wife. All tangible personal property of the parties shall remain as enjoyed at the time of the signing of this agreement with the possessor becoming the sole owner free and clear of any claim by the non-possessor, except the following items shall be transferred between the parties within 15 days of the execution of this agreement: From Husband to Wife: • highchair • beach towels [2] • 5 baking pans • wooden rocking chair • 19" color TVNCR combo • Crib 3 i From Wife to Husband: • Photos of William with Husband • Copies of videos Husband made of William before separation. Wife shall make *'-- ' K++4"4 c - at Husband's ,,dQC expense. Lop "A2, X V (, The distribution of assets set forth herein shall be a complete and final resolution of both parties' claims for equitable distribution of marital property. 4. DEBTS AND LIABILITIES Husband assumes responsibility to pay all marital debt remaining unpaid at the time of this agreement, and he hereby indemnifies and holds Wife harmless from any loss related to marital debt. 5. CHILD SUPPORT Wife and Husband agree each party's obligation to pay child support shall be determined by the Domestic Relations Division of the Cumberland County Court of Common Pleas. Husband agrees that no earning capacity shall be attributed to Wife in the calculation of child support until the first Monday in September after Labor Day in 2002. Husband also agrees that his son, William Ray Crouse, may be enrolled during the 2001 - 2002 school year in the Kindergarten program at the Bethel Assemblies of God Church in Carlisle. Husband makes no agreement about private vs. public education of his son thereafter. Wife agrees that she shall not assert the nurturing child justification for not wonting after the first Monday in September after Labor Day in 2002. 4 6. SPOUSAL SUPPORT AND ALIMONY Husband does hereby waive, release and give up any right he may have against Wife for alimony, spousal support or maintenance. Husband and Wife agree that Husband's obligation to pay spousal support shall be determined by the Domestic Relations Division of the Cumberland County Court of Common Pleas until such time as the parties shall be divorced. Husband agrees that no earning capacity shall be attributed to Wife in the calculation of spousal support until the first Monday in September after Labor Day in 2002. If the parties have not been divorced as of September 1, 2002, Husband and Wife agree that Husband's spousal support shall then be established at six hundred ($600) dollars per month. Husband's spousal support obligation shall not be subject to modification after September 1, 2002. Husband's spousal support obligation shall terminate upon the divorce of the parties, or on August 31, 2007, whichever shall first occur and any alimony provided herein for Wife shall immediately commence without an interruption of payments from Husband to Wife. Husband and Wife agree that an order for Alimony shall be entered directing Husband to pay Alimony to Wife as follows: L An amount equal to the last ordered spousal support until August 31, 2002 [$1199.57 per month as of the signing of this agreement]; 2. Six hundred ($600) dollars per month starting September 1, 2002 until terminated as indicated below. 5 3. Effective September 1, 2002 an additional Six hundred ($600) dollars per month shall be paid by Husband on account of the arrearages in his spousal support until the arrearages are paid in full. 4. At such time as Husband shall pay off the arrears in his spousal support, Husband's alimony shall be paid at the rate of one thousand two hundred ($1,200) dollars per month. 5. Husband and Wife agree that Husband's obligation for Alimony shall be subject to modification due to changed circumstances until September 1, 2002 after which the obligation shall be the amount stated above [$600 per month] and shall not be modified due to changed circumstances except for the one change that is referenced above pertaining to the increased payments after Husband pays all spousal support arrearages. Alimony shall terminate upon the remarriage of Wife, the death of either party, or upon the payment of thirty-six thousand ($36,000) of alimony due after August 31, 2002, whichever shall first occur. Payment after August 31, 2002 of arrearages due before August 31, 2002 shall not be included in this calculation of the thirty-six thousand ($36,000) dollars limit. 6 7. DIVORCE Husband and Wife agree to sign affidavits of consent for the entry of a divorce decree that will incorporate the terms of this agreement. Such affidavits shall be signed within two weeks of the date of execution of this agreement by both parties and new affidavits shall be signed at the request of either party if the first affidavits shall become invalid due to staleness. Each party agrees to withdraw the marital claims that have been filed in this divorce action, and to seek the vacating of the Court Order appointing a master to determine the marital claims. This Agreement shall not be considered to affect or bar the right of Wife or Husband to divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree that may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. The terms of this agreement shall be incorporated by the Divorce decree, but shall not merge into the decree. 8. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wherever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether 7 arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either may have or at any time against the other hereafter for counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 9. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 15 days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 8 I 10. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 11. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 12. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 9 13. SEPARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 14. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 15. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 16. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, aelmowledge the receipt of a duly executed copy hereof. Maria P. ognetti q. usanA. Crouse /- 9- b Date 11 12-17- ©O Date Yl -I L1 SID SUSAN A. CROUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00 - 1441 CIVIL RAY W. CROUSE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 0 day of 2002, the economic claims raised in the proceedings ha ing been resolved in accordance with a marital settlement agreement dated January 9, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Maria P. Cognetti Attorney for Plaintiff BY THE COURT, Ge r .J. Taylor P. Andrews '2 6P'D? Attorney for Defendant / "I311 PENNSYLVANIA SUSAN A. CROUSE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RAY W. CROUSE, Defendant NO. 00-1441 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this _9.6k_ day of, ?, 2002, between Susan A. Crouse (hereinafter called "Wife") and Ray W. Crouse (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on December 27, 1993, in Salem, VA. There was one child bom of this marriage, William Ray Crouse, born September 25, 1996. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife by the explicit reference to the authority of the Cumberland County Domestic Relations Division of the Cumberland County Court and by the agreement of the parties to a defined and unmodifiable amount of alimony to be paid by Husband to Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Maria P. Cognetti, Esquire, for Wife, and Taylor P. Andrews, Esq., Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party aclmowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either 2 Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 3. PROPERTY - REAL AND PERSONAL Wife and Husband do hereby acknowledge they have heretofore sold their marital residence that was their only marital Real Property. The proceeds have been deposited into an account at Harris Bankers [Harris Super Saver 55000000167] in the name of Husband and Wife. Husband and Wife agree that the balance in the account shall be divided with an amount equal to the interest earned on the account paid to Husband, and the balance paid to Wife. ?Vc_ All other intangible marital property, including all employment benefits, shall be retained by Husband free and clear of any claim by Wife. All tangible personal property of the parties shall remain as enjoyed at the time of the signing of this agreement with the possessor becoming the sole owner free and clear of any claim by the non-possessor, except the following items shall be transferred between the parties within 15 days of the execution of this agreement: From Husband to Wife: • highchair • beach towels [2] • 5 baking pans • wooden rocking chair • 19" color TVNCR combo • Crib From Wife to Husband: • Photos of William with Husband • Copies of videos Husband made of William before separation. Wife shall make t ^^l^ a4al4o to u,,..i,,,,,a `o - at Husband's ,?dd.C expense. ctlP'CAQ, xV( The distribution of assets set forth herein shall be a complete and final resolution of both parties' claims for equitable distribution of marital property. 4. DEBTS AND LIABILITIES Husband assumes responsibility to pay all marital debt remaining unpaid at the time of this agreement, and he hereby indemnifies and holds Wife harmless from any loss related to marital debt. 5. CHILD SUPPORT Wife and Husband agree each party's obligation to pay child support shall be determined by the Domestic Relations Division of the Cumberland County Court of Common Pleas. Husband agrees that no earning capacity shall be attributed to Wife in the calculation of child support until the first Monday in September after Labor Day in 2002. Husband also agrees that his son, William Ray Crouse, may be enrolled during the 2001 - 2002 school year in the Kindergarten program at the Bethel Assemblies of God Church in Carlisle. Husband makes no agreement about private vs. public education of his son thereafter. Wife agrees that she shall not assert the nurturing child justification for not working after the first Monday in September after Labor Day in 2002. 4 6. SPOUSAL SUPPORT AND ALIMONY Husband does hereby waive, release and give up any right he may have against Wife for alimony, spousal support or maintenance. Husband and Wife agree that Husband's obligation to pay spousal support shall be determined by the Domestic Relations Division of the Cumberland County Court of Common Pleas until such time as the parties shall be divorced. Husband agrees that no earning capacity shall be attributed to Wife in the calculation of spousal support until the first Monday in September after Labor Day in 2002. If the parties have not been divorced as of September 1, 2002, Husband and Wife agree that Husband's spousal support shall then be established at six hundred ($600) dollars per month. Husband's spousal support obligation shall not be subject to modification after September 1, 2002. Husband's spousal support obligation shall terminate upon the divorce of the parties, or on August 31, 2007, whichever shall first occur and any alimony provided herein for Wife shall immediately commence without an interruption of payments from Husband to Wife. Husband and Wife agree that an order for Alimony shall be entered directing Husband to pay Alimony to Wife as follows: 1. An amount equal to the last ordered spousal support until August 31, 2002 [$1199.57 per month as of the signing of this agreement]; 2. Six hundred ($600) dollars per month starting September 1, 2002 until terminated as indicated below. 5 3. Effective September 1, 2002 an additional Six hundred ($600) dollars per month shall be paid by Husband on account of the arrearages in his spousal support until the arrearages are paid in full. 4. At such time as Husband shall pay off the arrears in his spousal support, Husband's alimony shall be paid at the rate of one thousand two hundred ($1,200) dollars per month. 5. Husband and Wife agree that Husband's obligation for Alimony shall be subject to modification due to changed circumstances until September 1, 2002 after which the obligation shall be the amount stated above [$600 per month] and shall riot be modified due to changed circumstances except for the one change that is referenced above pertaining to the increased payments after Husband pays all spousal support arrearages. Alimony shall terminate upon the remarriage of Wife, the death of either party, or upon the payment of thirty-six thousand ($36,000) of alimony due after August 31, 2002, whichever shall first occur. Payment after August 31, 2002 of arrearages due before August 31, 2002 shall not be included in this calculation of the thirty-six thousand ($36,000) dollars limit. 6 7. DIVORCE Husband and Wife agree to sign affidavits of consent for the entry of a divorce decree that will incorporate the terms of this agreement. Such affidavits shall be signed within two weeks of the date of execution of this agreement by both parties and new affidavits shall be signed at the request of either parry if the first affidavits shall become invalid due to staleness. Each party agrees to withdraw the marital claims that have been filed in this divorce action, and to seek the vacating of the Court Order appointing a master to determine the marital claims. This Agreement shall not be considered to affect or bar the right of Wife or Husband to divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree that may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. The terms of this agreement shall be incorporated by the Divorce decree, but shall not merge into the decree. 8. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wherever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether 7 arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either may have or at any time against the other hereafter for counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 9. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 15 days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 8 10. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 11. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 12. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 9 13. SEPARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 14. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 15. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 16. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. AW/ Maria P. ognetti q. 42usanA. Crouse _/- 9- 6 ? Date 11 Date 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 Attorneys for Plaintiff SUSAN A. CROUSE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-1441 CIVIL TERM RAY W. CROUSE, CIVIL ACTION -'LAW Defendant : IN DIVORCE PRAECIPE TO TRANSA/HT RECORD u c c• TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 15' day of March, 2000, by certified mail, return receipt requested, receipt number Z 339 062 191. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Susan A. Crouse, Plaintiff, on February 8, 2002; by Ray W. Crouse, Defendant, on January 10, 2002. 4. Related claims pending: Settled by Agreement dated January 9, 2002. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Same is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: January 29, 2002. MARIA P. COGNETTI & ASSOCIATES Date: February 13, 2002 By: MARIA P COG E TI, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff __,-z -1 1 , -- -.- -- ,._,_. - ,_. _-_ .,TS- .n.-. - r. , HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SUSAN A. CROUSE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :NO. 00 - 14141 CIVIL TERM RAY W. CROUSE, Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdowq.;of, the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 SUSAN A. CROUSE, Plaintiff v. RAY W. CROUSE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00 - /yY/ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Susan A. Crouse, an adult individual residing at 1 Hoover Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Ray W. Crouse, an adult individual residing at 1 Hoover Road, Carlisle. Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on December 27, 1993, in Salem, Virginia. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. March 13, 2000 Z'a? /?) SUSAN A. CROUSE, Plaintiff HAROLD SC Attorney for 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 SUSAN A. GROUSE, Plaintiff v. RAY W. CROUSE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 00 -IY'll CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 13, 2000 zeet? z2 2/1? USAN A. CROUSE, Plaintiff HAROLD S. IRWIN, 111 ESQ. ATTORNEY ID NO. 82585 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SUSAN A. CROUSE, Plaintiff v. RAY W. GROUSE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00 - 1441 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about March 15, 2000, by certified mail "restricted delivery", addressed to the defendant at 1 Hoover Road, Carlisle, PA 17013 (Certified Mail Receipt No. Z 339 062 191). 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsificatiog to authorities. March 27, 2000 Harold S. Irwi , III Attorney for p in- d xr., SENDER:- . - t else wish to receive the follow• W-:'- ' 1160miplete, flentsk'andlor 2 for additional services. = - ing services (for art MMJee): -` ; vomplate, itsms 3? 4a, and 4b. 0 Pant yourp are and address on the reverse of this form so that we can return this d b - 1 ' m car to yo . . ? Addressee s Address W re O Attach this form to the front of the mailpiece, or on the back if space does not permit. 2.Bestricted Delivery 0 Write 'Return Receipt Requested' on the mailpiece below theadicle number. O The Return Receipt will show to whom the article was delivered A nd the date c p delivered. V m. 3. Article Addressed to: - 4a. Article Number 3 9 ( _z m X a C . 3 E 2?? (A), eOusS 4b Service Type / v . ? Registered ?FGerfified ui• ?7 1 +?? D / ?,Express Mail ?Insured rn w W - _ in Receipt for Merchandise ?COD a ? A 7. Date of Deli ve w lic fZp 1 ece' -Syy - -Nema) 8. Addressee's Address nlyif requested and c w '" - - fee is paid) r 1 :t r S- a s t 6 Er t i i s i N PS Fdmi 3M e` 1894 ' } s?sae?a _ -- agb Return Recall • ~ 0' Rf d "`r Q?11 o m C3 m o C g 3 gig m E U an a IV m $ LL. oa R 9 m i °' LL rrl m M ?U?0 O v- ; m .. LL r m .>_ ym'5=' m ?° F. N tm ++ v ? m m O , E 6 m ? o O 8 ?Q §? ?. 2 ? ° - '0 Q) 0 - m ? m a m ? w Q E °° JQ E 6 @ _, ,g ¢ g , tod oom a J M D: z 0 m 966LIpdV'00' r m I? £ Iwod Sd d +13 y? aj ?A 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) 9094060 Attorneys for Plaintiff SUSAN A. CROUSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RAY W. CROUSE, Defendant NO. 00-1441 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 13, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 2" USAN A. CROUSE, Plaintiff Ix .,_..p_ie. ...r.?'.-v_ pvo, ey 1 I ? - -I- i 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 Attorneys for Plaintiff SUSAN A. CROUSE, Plaintiff V. RAY W. CROUSE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1441 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(cc) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: c?- Y-02 ? l i USAN A. CROUSE, Plaintiff V SUSAN A. CROUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RAY W. CROUSE, Defendant NO. 00-1441 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 13, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: 1 / / 0 OG ? L Ra tl& use laintiff Z ? ? Q Y ? 1 SUSAN A. CROUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RAY W. CROUSE, Defendant NO. 00-1441 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: / / 4 1 ©O 42 ?,l C?,? R ous , Defendant o ,_ Y C CV 'T? 1 _ r me m r Fill \CX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n? CIVIL ACTION - LAW vs. T? NO. 0 6 ? CIVIL 19 kf t IK IN DIVORCE STATUS SHEET r SUSAN A. CROUSE, Plaintiff VS. RAY W. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 1441 CIVIL . IN DIVORCE TO: Harold S. Irwin Attorney for Plaintiff Jane Adams Attorney for Defendant DATE: Tuesday, September 19, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. k Attorneys and Counselors at Law Maria P. Cognetti* Attorney at Law *Fellow, American Academy of Matrimonial Lawyers January 31, 2002 E. Robert Flicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: CROUSE V. CROUSE Docket No. 00-1441 Our File No. 189 Dear Mr. Flicker: Karen A. Sheriff Paralegal Candith Y. Hill Paralegal Enclosed please find two (2) copies of the fully executed Martial Settlement Agreement in the above-referenced matter. Upon your receipt of same, please proceed to have your appointment as Divorce Master revoked. Should you require any further information, please do not hesitate to contact me. Thank you for your attention to this matter. Very truly yours, Maria P. Co ettr MPC/mmm Enclosures cc: Ms. Susan A. Crouse Taylor P. Andrews, Esquire 210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011 Telephone (717) 909-4060 ? Fax(717)909-4068 Email CognettiLaw@aol.com Practice Limited to Matrimonial Law l OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter January 17, 2001 West Shore 697-0371 Ext. 6535 Harold S. Irwin, III, Esquire Taylor P. Andrews, Esquire 35 East High Street ANDREWS & JOHNSON Carlisle, PA 17013 78 West Pomfret Street Carlisle, PA 17013 RE: Susan A. Crouse vs. Ray W. Crouse No. 00 - 1441 Civil In Divorce Dear Mr. Irwin and Mr. Andrews: I was reviewing the file in the above captioned case and I did not see that a certification document was returned on behalf of either of the parties. The certification relates to status of discovery and I customarily wait to issue a pretrial statement directive until I am satisfied that discovery issues have been resolved. I am writing to counsel to inquire as to whether or not counsel intend to certify that discovery is complete and by doing so intend for me to issue a pretrial statement directive. Otherwise, if I do not hear from counsel within two weeks I will most likely be inclined to simply ask the Court to vacate my appointment. Very truly yours, E. Robert Elicker, II Divorce Master Susan A. Crouse Plaintiff vs. Ray W. Crouse, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 00-1441 CIVIL ACTION - LAW IN CUSTODY PRAECIPE Please enter my appearance on behalf of the defendant, Ray W. Crouse, in the above captioned custody action. Respectfully submitted, cc: Harold S. Irwin, III, Esquire Attorney for Plainttff ANDREWS & JOHNSON Taylo Andrews, Esquire 78 Pomfret Street Car isle, PA 17013 (717) 243-0123 Jane Adams, Esquire c c? 1/3 _ ear __ '-G ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, PA 17013 TAYLOR P. ANDREWS RONALD E. JOHNSON January 26, 2001 E. Robert Elicker_, II Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Crouse vs. Crouse No: 00-1441 Dear Bob:- Telephone (717) 243-0123 Telefax (717) 243-0061 I ask that you not seek to have your appointment vacated at this time. As the record reflects I am relatively new in this case. I have been ad ise`d iliaf Mai a Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011, is now representing Mrs. Crouse. Maria and I have been calling past each other but have not yet connected. I am hopeful that we can reach an understanding with regard to the need for any discovery and also the willingness of the parties to proceed through your office at this point in time. As you can see, I am copying this letter to Maria Cognetti, Esquire. Hopefully she will renew her efforts to contact me and I will do the same. Thank you for your letter of January 17, 2001 seeking clarification of the status of this case. Sincerely yours, AND JOHNSON y . P. Andrews` TPA:ss cc: <gay W. Crouse Maria Cognetti, Esquire HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SUSAN A. CROUSE, Plaintiff V. RAY W. CROUSE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 1441 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER SUSAN A. CROUSE, plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees ( ) Alimony Pendants Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of the master is requested. (2) Jane Adams, Esquire is the attorney of record for defenant in this divorce action. (3) The statutory grounds for divorce as stated by plaintiff are Section 3301 (c). (4) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has not been reached with respect to the above claims. (c) The action is not contested with respect to the following claim(s): Divorce (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take at least one-half (112) day. (7) Additional information, if any, relevant to the motiony NOW November 13, 1998 HAROLD S. IRWIN(111 Attorney for plaintiff ORDER APPOINTING MASTER NOW, June J, 2000, E. ROBERT ELICKER, ESQUIRE, is appointed master with respect to the following claims: N, J, r" PH 3' 3? cLjMbEFb, E) COUN'(Y PENNCYD,IANIA r ; 0"1 G3 r? l .- Vr7 L LU jL j A O 0 Sep 01 00 08:10a Riegler, Shienvold & Rsso Riegler • Shienvold & Associates 717-540-1418 p.2 Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, M.S. James Eash, L.S.W. Michael J. Asken, Ph.D. Bonnie Howard, Ph.D. Amy K. Keisling, A.C.S.W, L.S.W. Tracy Richards, A.C.S.W., L.S.W. August.31, 2000 Mr. Hai Irwin 35 East Fight Street Carlisle, PA 17013 RE: William Crouse Dear Mr. Irwin: Don Lawrence, L.S.W. Dyanne Seymore, L.S.W. Jeffrey Pincus, Ph.D. Ann Vergales, A.C.S.W, L.S.W., B.C.D. Robert H. Davis, Jr., M.D. Since the custody hearing, Thursday, August 23, 2000,1 have had the opportunity to meet with William Crouse and his father, Ray Crouse. This has included a session with the two together. I have had telephone conversations with his Mother, Susan Crouse, and she has given me written notes of her observations of William William is a bright, talkative, playlid little boy. He does not become resistant to talking until someone questions biro Sometimes ifhe does not know the answer to a question he becomes silly. Ifis resistance to being questioned does not necessa* indicate that William has something to hide. He may be frustrated with being questioned, or does not know bow to answer. When I observed William with his father, he was very happy and playful. He initiated play with his father that involved physical contact, Le. piggy back rides, etc. His Dad was appropriate in big interactions with WiDiam He used good discipline strategies and limit setting techniques. William appeared very relaxed with his father. William's moth" has raised concerns, regardmg some of William's verbalizations. These have plausible, normal alternative explanations. For example, when his Dad asks him to open wide, it is so he can get William to stop moving around, and clean him up thoroughly when changing his diapers. The magic stars are on William's diapers. They are disposable diapers with stars. The stars disappear when the child wets. When I showed William one of these diapers, pointed to the stars, and asked, "What is this?," he answered, "Magic stars." In the last two weeks, his mother, Children and Youth, Pinnacle's Children's Resource Center Staff and I, have questioned William I have not found anything, in my contacts with this finely, to support abuse allegatumL Rather, I have concern about the negative effects of continued questioning for William. I also have concerns about the consequences for William of not being able to have a relationship with both of his parents that is unencumbered. Fax: (717) 540-1416 + (717) 540-1313 •2151 Linglestown Road, Suite 200 PLAiNTIFF'S is 17110 EXHIBIT q, ? a too p?5 Sep 01 00 08:11a Riegler, Shienvol.d a Rssa 717-540-1415 M:' Wilfialll Crouse August 31, 2000 Page 2 I feel that it is in William's best interest for these allegations to be put to rest as quicidy as possible. He needs to resume a normal routine with his parents as soon as possible. I remain available to assist both parents and William in this effort. Sincerely, Melinda Eash, M.S. Psychologist p.3 Rug 24 00 11:12a Riegler, Shienvold & Rsso 717-540-1416 Y Riegler • Shienvold N& Associates P.2 Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, M.S. James East, L.S.W. Michael J. Asken, Ph.D. Bonnie Howard, Ph.D. Amy K Keisling, A.C.S.W., L.S.W. Tracy Richards, A.C.S.W., L.S.W. Dun Lawrence, L.S.W. August 23, 2000 Mr. Hal Irwin, Esquire 35 Fast High Street Carlisle, PA 17013 RE: William Crouse Dear Mr. Irwin: Dyanne Seymore, L.S.W. Jeffrey Pincus, Ph.D. Ann Vergales, A.C.S. W., L.S.W., B.C.D. Robert H. Davis, Jr., M.D. I am writing to you regarding my contacts with William Crouse. This includes my last session, which occurred since the possibility of abuse was raised last week. I initially met with William Crouse on July 11, 2000. William is a three year old boy who was brought to therapy by his mother, Susan Crouse. She is in the process of divorcing from William's father. Susan described William's father as abusive to her during the marriage and was concerned about the effects witnessing this and the marital separation would have on William. I have met with William for several sessions. I was in the process of contacting Ray Crouse, William's father, to include him in the therapy when Susan called with concerns about things William had told her while in her care. Apparemly after she gave William a bath she was checking his diaper rash and putting Desitm on when William starting talking about a "magic star" at Dad's. She reports he said that Dad's fingers get really small and he put his fingers inside him. He also said, "I open up wide" and then spread his legs. According to Susan he seemed matter of fact when saying this. He had come home from his father's in a good mood that evening. During my contacts with William it took several sessions for William to separate easily from his mother. He has become increasingly more relaxed and talkative with each session. During the first session when I asked him why his parents do not live together Paz: (717) 540.1416 • (717) 540-1313 •2151 Linglestown Road, Suite 200 -F- PLAINTIFF'S -7 1 is 17110 EXHIBIT 4100 PRS Rug; 24 00 11:12a Riegler, Shienvold 6 Rsso 717-540-1416 p.3 H e W. Crouse. Page 2 he replied that Dad gets very angry. He could not tell me what Dad does when he is angry because "It's a secret". He did say Dad was angry at Mom. William's play during sessions is focused and.constructive Developmentally he is.demonshating age appropriate sIAs in all areas. He is inconsistent with toileting, which we are currently addressing. The one thing of note is that often, when asked about his Dad or what he did with his Dad, he says he can not tell me or it's a secret. During the last session, William was very talkative, asking.lots of questions about everything. His play was very productive. He was willing to talk about the bed and bath routine at Dad's and revealed nothing abnormal. When I asked him about the "magic star" he said he couldn't tell me what that was. He was resistant, in general, to answering questions. In fact, he told me he was angry that I was asking questions. It can be difficult to determine whether or not abuse occurred with a three year old, even if that child has good verbal skills. William was nervous with the Children and Youth workers and did not verbalize enough in one interview to warrant an investigation. This is not surprising given my experiences with William. His pediatrician did not find any physical findings. However, this is not unusual even when abuse does occur. Given these constraints, it is difficult to do an adequate evaluation without interviewing Mr. Crouse and spending more time with William. Unfortunately this was not possible to accomplish in the past week. In addition to evaluating the possibility of abuse, it would be helpful to evaluate both the parents to determine the likelihood of William being either caught "in the middle" between his parents and/or being alienated from one of his parents. This evaluation should occur as soon as possible. Sincerely, Melinda Eash, M.S. ME/sk HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SUSAN A. CROUSE, Plaintiff V. RAY W. CROUSE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00 - 1441 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this IqA day of J U-Q , 2000, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court pending further agreement or order of court following a conciliation conference or hearing to be scheduled. BY THE CO , J. -7 G -/?- o0 R Ks 00u!jI4"1111:, CUIVIHRL' . U COUNTY PENNSYLVANIA ti ; , Jun,-08-00 11:24A Trwin Law Office 717+243+9200 P.02 SUSAN A. CROUSE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW NO. 00 - 1441 CIVIL TERM RAY W. CROUSE, Defendant : IN DIVORCE STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this F day of June, 2000, by and between RAY W. CROUSE (hereinafter referred to as "Father") and SUSAN A. CROUSE (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the natural parents of one minor son, namely, William Ray Crouse (age 3, bom September 25, 1996); and WHEREAS, on May 30, 2000, the Father filed a petition seeking an order providing for the custody, temporary custody and visitation of the child; and WHEREAS, the parties wish to enter into a temporary agreement relative to the custody and partial custody of the child which would remain in effect pending further proceedings consistent with the petition filed by the Father as aforesaid; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: ,Jun708-00 11:24A Irwin Law Office 717+243+9200 P.03 The parties shall have joint legal custody of the child, which shall include, but not be limited to the mutual sharing of information and decisions with regard to medical care, education, religious instruction. 2. The Mother shall have primary physical custody of the child, subject to periods of partial or temporary physical custody and visitation with the Father as follows: A. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m., beginning Friday, June 16. 2000. B. On Thursday evening of the week immediately following each of the Father's weekend temporary custody with the child, from 5:00 p.m. until 8:00 p.m. and on Tuesday evenings during the weeks that end with the Father's temporary custody with the child, from 5:00 p.m. until 8:00 p.m., unless the child is away with the Mother for vacation. If the child has a scheduled doctor's appointment, school activity or other programmed event on a Tuesday or Thursday evening that the child is scheduled to be with the Father, the Mother agrees to provide an alternate evening for the child to be with the Father. C. Provided the Father has corresponding timenff work for vacation from June 30 to July 9, 2000 at 6:00 p.m. and from August 4 to August 13, 2000 at 6:00 p.m., and for up to two non-consecutive ten day periods in future Summers, with notice to the Mother by May 1" of the dates for these periods, it being agreed that such ten day periods will be during different months of the Summer and will be coordinated with the weekend and holiday schedule so that the child is with the Father on no more than two successive weekends. In the event that the child is with the Father on two successive weekends, then he shall be with the Mother for the following two weekends. Fallowing those two weekends, the alternating weekend schedule shall be resumed. D. On holidays as the parties may mutually agree from time to time, it being the intention of the parties to share or alternate holiday time on as equal a 'Jun708-00 11:25A Irwin Law Office 717+24313200 P.04 basis as reasonably possible; in addition, specific holidays will be handled as follows: 1.) Thanksgiving: The Mother shall have the child on Thanksgiving Day and the Father shall have the child from Friday morning, at 10:00 a.m. through 6:00 p.m. on Sunday of that weekend. 2.) Christmas: For the years 2000 and 2001, the Mother shall have the child from December 23 through December 26 at Noon and the Father shall have the child from December 26 at Noon until December 29th at 8:00 p.m. Thereafter, in even numbered years the Father shall have the child from December 20 at 10:00 a.m. through December 2e at 8:00 p.m. and the Mother shall have the child from December 26th at 8:00 p.m. through December 29th. On odd numbered years, the Mother shall have the child from December 23 through December 26th at Noon and the Father shall have the child from December 26th at Noon through December 29th at 8:00 p.m. 3.) July 4 h: On even numbered years, the Father shall have the child from July 4h' through 8:00 p.m. on July 6th. On odd numbered years the Father shall have the child from July 51h through 8:00 p.m. on July 6h. The Father may combine his July 4th time and one of his ten day vacation times with the child, provided he has given notice to Mother as provided above. On even numbered years, if the Father plans to combine this holiday and a ten day vacation time, Mother shall have the child for the Memorial Day weekend, regardless of the weekend schedule for that weekend. 4.) In the event of a conflict between the weekend schedule and the holiday schedule, the holiday schedule will control. Jun708-00 11:25A Irwin Law Office 717+243+9200 P.05 E. Notwithstanding any of the foregoing provisions, the parties agree that no combination of weekend, vacation or holiday time may result in the child being with the Father for more than ten days at a time and that the child shall spend at least ten days with the Mother between Father's ten day vacation periods. F. On even numbered years the Mother shall have the child on the child's birthday and on odd numbered years the Father shall have the child on the child's birthday. G. The Mother shall always have the child on Mother's Day and Mother's birthday and the Father shall always have the child on Father's Day and Father's birthday. H. The parties agree that if the child is prevented from spending his scheduled time with the Father due to the child's illness, then the Mother shall make a reasonable attempt to provide alternative time with the Father. 8. Both parties agree that each party shall have reasonable telephone contact with the child while the child is in the other party's custody and that the child will be permitted to call the noncustodial parent as desired while they are in the custody of the other parent. Both parties will continue to advise the other as to their respective telephone number and address. Neither party shall take the child outside the Commonwealth of Pennsylvania without first advising the other party of the specific address and telephone number where he or she may be reached while out of state. 4. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health, welfare and well being of the child is protected. aJUn708-00 11:26A Irwin Law Office 7171243+9200 P-06 5. The parties shall do nothing that may estrange the child from the other parent or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or affection for the other parent. 6. The parties understand and agree that it is their intention that this agreement remain in effect pending further proceedings consistent with the Father's petition for custody filed on May 30, 2000. 7. 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 of this agreement. 8. 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. 9. The parties desire that this agreement be made an order of Court:through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. the parties hereto, intending to be legally bound by the s and seals the day and year herein set forth. z S .t"-a i,'?, L..- (SEAL) to: 6/9/2000 . CR91 E TsUSAN A. CRUSE Jun-08-00 11:26A Irwin Law Of Fica 717+243+9200 COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND . On this, the Qom"-clay of June, 2000, before me, the undersigned officer, personally appeared Ray W. Crouse, known to me (or satisfactorily proven) to be the person whose name is subscribed to the executed same for the purposes IN WITNESS WHEREOF, I that he =Seai Susan Llic Mechaniesbounty 2002 My Comm COMMONWEALTH OF PENNSYLVANIA ; Member, Pennsylvania Association of Notaries :SS: COUNTY OF CUMBERLAND On this, the day of June, 2000, before me, the undersigned officer, personally appeared Susan A. Crouse, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto Notarial Seal Harold S. Irwin III, Notary Public Carlisle Boro, Cumberland County my commission Expires Sept. 23, 2002 Member, Pennsyi%,a.,c ssDclation of Notaries hand and official seal. P,07 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SUSAN A. CROUSE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 00 - 1441 CIVIL TERM RAY W. CROUSE, Defendant : IN CUSTODY PRE-TRIAL MEMORANDUM SUSAN A. CROUSE 1. HISTORY OF CASE: Ray W. Crouse (defendant in the divorce and petitioner in this custody matter, hereinafter referred to as "Father") and Susan A. Crouse (plaintiff in the divorce and respondent in this custody matter, hereinafter referred to as "Mother") were married on December 27, 1993. Their son, William R. Crouse, was born on September 25, 1996 and is three years old. At the time of William's birth, the parties lived in Manassas, Virginia, but the family moved to Carlisle in May, 1999. After marital difficulties came to a head earlier this year, the couple decided to put their home up for sale "by owner" and quickly found a purchaser for the home. As the settlement on the home was approaching, on or about May 12, 2000, the Mother moved out of the marital home with William and moved in with her parents, Frederick and Elaine Toms, in Newburg, Pennsylvania. Prior to the Mother's move, the Father knew that the Mother intended to move to the Mother's parents' home, knew that she was preparing to do so and often asked when she was going to move. On the same evening as the move, the parties spoke on the telephone around 6:00 p.m. and the Mother told the Father that she and William had moved. The Father moved to a new residence in Camp Hill at or near the time of settlement on the marital home on June 19, 2000. On May 30, 2000, during negotiations concerning custody, the Father filed a petition seeking partial custody and visitation of William, as the parties has been unable reach an agreement on all of the details of such an arrangement. Some of those difficulties, from the Mother's perspective, revolved around William's tender age of three years, the fact that she had been the primary caregiver since William's birth and comments made by the Father indicating that he was at least considering a move back to Virginia. Nevertheless, on or about June 8, 2000, the parties were able to reach a rather comprehensive temporary agreement as to legal custody, primary physical custody and partial custody, pending further proceedings in this matter. Accordingly, the Father has been able to enjoy partial custody with William on a regular basis, including extended Summer vacation and holiday time. The parties appeared with counsel before Hubert X. Gilroy, Esquire, the custody conciliator, on Friday, August 18, 2000, with a view to resolving any remaining issues regarding their custody arrangement. However, at the conference, the Mother revealed that she had serious concerns about continued unsupervised visits between William and the Father due to things William had just revealed to her about the Father's conduct with William. She reported that after William's bath the previous evening, just after William had returned from a mid-week visit with his Father, William described activities with his Father that, if true, would constitute sexual abuse of William by the Father. Following these statements by William on Thursday evening, the Mother took the child for a physical examination by his pediatrician, Stephen Krebs, M.D. (Carlisle Pediatric Center) on Friday morning. Dr. Krebs was unable to find any physical evidence to support William's statements, but indicated that this was not surprising to him under the circumstances. He also stated that, in his opinion, children do not fabricate this type of allegation and that he felt it was important enough that he was compelled to contact Cumberland County Children and Youth Services (CCCY&S). Based upon the allegations reported by the Mother at the conciliation conference, an additional conference was scheduled for the following Thursday, August 24, 2000. This was done so that further evaluation of this matter could be performed by William's therapist, Melinda Eash, M.S. (Riegler, Sheinvold & Associates), CCCY&S or other professionals to discover if additional objective findings could be developed. The Mother, at Dr. Krebs suggestion, took William to be interviewed by Cumberland County Children and Youth Services (CCC&YS) on that afternoon. William was not willing to discuss this completely with the case worker, Jeanne Schott at that time. When asked certain specific questions involving this conduct, William stated that "it was a secret" and that he "could not tell". William also visited with his therapist, Melinda Eash, M.S. subsequent to the first conciliation conference, resulting in the report which is attached hereto as Exhibit "A". Again, William was reluctant to discuss these matters and referred to them as secrets that he could not talk about. At the second conference, on August 24, 2000, the report from Melinda Eash was submitted. The Mother's position was unchanged in that she remained adamant that, at the very least, more time was needed for an evaluation of these allegations before unsupervised contact between William and his Father should be resumed. She was agreeable at that time to the Father's mother providing the supervision for the scheduled evening visits with William. Due to the circumstances and the seriousness of the allegations involved, the conciliator was able to arrange with the Court for a hearing to be held on Friday, September 1, 2000 for further proceedings in this case. SUMMARY OF MOTHER'S POSITION ON CUSTODY: At the time of the parties separation, the Mother had no intention of hindering the relationship between William and his Father. She did believe, as she does now, that due to William's tender age of three years and the fact that she had been the primary caregiver since William's birth, that she should remain the primary custodian of William. She also had a concern that the Father may decide to move back to Virginia and wanted to ensure that a formal custody arrangement was in place before the Father took William for an extended Summer vacation stay in Virginia with his family. Absent the present allegations, the Mother would still want William and his Father to have as normal a relationship as is possible, given the parties' separation. However, under the present circumstances, the Mother cannot consent to a custody arrangement that provides unsupervised visits between William and his Father. While she understands the sensitive nature of the allegations and the overall importance to both William and the Father of maintaining a relationship, the present allegations are extremely distressing to her. If true, they suggest that serious damage may result for her son if contact between William and the Father continues unfettered. Likewise, the Mother understands that while from her perspective, she has no doubt about what William has stated to her and to his grandparents, in a Court of law, objective, independent findings must be presented to support her position, if in fact, those findings can be developed. Unfortunately, the Mother had no knowledge of this from William until two weeks ago. She did not anticipate these disclosures and did nothing to provoke them. She did begin to take William to a therapist, Melinda Eash, M.S., in early July. As stated in the Fathers Memorandum, she did not disclose this to the Father at that time. However, her lack of disclosure was out of fear for William and herself. As she will testify, prior to entering therapy, William stated to her that his Father had a gun and that he stated to the Mother that his Father was going to use it to kill her and her father. She-was concerned that whether true or not, this statement by William indicated that therapy was needed. If true, she did not want to jeopardize her safety by disclosing what William had said. The time that has been provided for the Mother to seek additional objective and independent conclusions has been extremely limited. Everyone who has met with William has stated that more time and attention must be given to this situation before any conclusion can be reached. However, all have also related that when asked about details crucial to these allegations, William expresses that he cannot answer these questions, that they "are secrets", that he "cannot talk about it" and that it is the Father who William says has told him that things are secret. In short, we are dealing with extremely sensitive matters, to all concerned, involving a three year old child who is likely confused and frustrated by all of this attention and who may have been told by his Father not to discuss certain things. It is difficult, if not impossible, to imagine that an appropriate, thorough evaluation of this could possibly take place within a two week period. The Mother does not expect that the Court, on the basis of what has been developed, could make a finding that sexual abuse of William has occurred. However, there is a certain consistency about what William has disclosed to the various professionals with what the Mother relates, even if his disclosures to the professionals remain incomplete. Furthermore, the child's continuing references to "secrets" being the reason that he cannot discuss certain things begs us to provide the professionals who are involved to have the opportunity to spend more time with the child in the evaluation process. To summarize, in fairness to the Father, these allegations must be thoroughly evaluated and dismissed if not accurate. However, in the interests of protecting this young child, unsupervised contact between William and his Father must be prevented for a reasonable period of time. The Harrisburg Y.W.C.A. provides supervised visitation arrangements with which the Mother is willing to cooperate and for which she is agreeable to provide William's transportation. In this way, William and his Father can continue to have regular contact while this investigation and evaluation continues. At the same time, however, all necessary precautions for William's safety will remain in place. Accordingly, the Mother requests that the Court modify the present custody arrangement to provide the following: 1. That the Father have regular, supervised visitation with the child at the Harrisburg Y.W.C.A., transportation to the "Y" to be provided by the Mother; and 2. That the Mother continue therapy and evaluation of the child with CCCY&S, Pinnacle Health Children's Resource Center, Reigler Shienvold & Associates or other agencies and professionals as may be appropriate or recommended and that both parties participate and / or cooperate in such evaluation process; and 3. That the parties meet again with the custody conciliator within 30 days, or as closely thereafter as may be permitted by the conciliator's schedule, to review the results of the evaluation process and determine whether further evaluation is necessary and appropriate at that time, to schedule additional proceedings before the Court, or for other similar purposes as may appear necessary. III. WITNESSES AND SUMMARY OF ANTICIPATED TESTIMONY: A. SUSAN A. CROUSE , mother of William R. Crouse: To testify about the custody arrangements with the Father, Ray W. Crouse, since the separation of the parties, the activities and habits of the child since the parties' separation, the nature and circumstances surrounding the allegations of sexual abuse made to her by the child and her efforts to obtain a thorough and appropriate, independent evaluation of those allegations. B. FREDERICK TOMS, maternal grandfather of William R. Crouse: To testify about his relationship with the child, the child's present living arrangements, any observations he has made concerning the child and his relationship with his mother and / or his father and any observations regarding the child's recent disclosures of sexual abuse by the Father. C. ELAINE TOMS, maternal grandmother of William R. Crouse: To testify about her relationship with the child, the child's present living arrangements, any observations she has made concerning the child and his relationship with his mother and / or his father and any observations regarding the child's recent disclosures of sexual abuse by the Father. D. MELINDA EASH, of Riegler Sheinvold & Associates: Ms. Eash is unavailable to appear for this proceedings due to being scheduled to appear in Court as a witness in another case. Her report of August 23, 2000, previously provided to the conciliator and opposing counsel is attached hereto as Exhibit "A". E. DEBBIE BAUER, of Pinnacle Health, Children's Resource Center: To testify regarding her involvement in the investigation and / or evaluation of the child in light of the allegations of the Mother that the child has recently disclosed instances of sexual abuse by the Father, as well as any recommendations she may have regarding further evaluation. Copy of Dr. Kevin Grayson's report of his evaluation (in which Debbie Bauer was a material observer and participant) attached hereto as Exhibit "B". Note Dr. Grayson is available for testimony by telephone during the hearing, if required by the Court. F. JEANNE SCHOTT, Cumberland County Children & Youth Services: To testify regarding her involvement in the investigation and / or evaluation of the child in light of the allegations of the Mother that the child has recently disclosed instances of sexual abuse by the Father, as well as any recommendations she may have regarding further evaluation. No report available. G. The Mother requests the opportunity to supplement this list as the evaluation process continues. Resp?tfully submitted, HAROLD S. IRWI ,III Attorney for plain EXHIBIT "A" Rug 24 00 1.1:12a Riegler, Shienvol.d t. Asso 717-540-1416 Nil IM Riegler • Shienvold & Associates Melinda Eashr W. James Eash, L.S.W. Michael J. Asken, Ph.D. Bonnie Howard Ph.D. Amy K Keisling, A.C.S.W.. L.S.W. Tracy Richards, A.C.S.W., L.S.W. Don Lawrence, L.S.W. Dyanne Seymom L.S.W. Jeffrey Pincus, Ph.D. Ann Vergales, A.C.S.W., L.S.W., B.C.D. August 23, 2000 Mr. Hal Irwin, Esquire 35 East High Street Carlisle, PA 17013 RE: William Crouse Dear Mr. Irwin: Robert H. Davis, Jr., M.D. I am writing to you regarding my contacts with William Crouse. This includes my last session, which occurred since the possibility of abuse was raised last week. I initially met with William Crouse on July 11, 2000. William is a three year old boy who was brought to therapy by his mother, Susan Crouse. She is in the process of divorcing from William's Either. Susan descrilbed William's father as abusive to her during the marriage and was concerned about the effects witnessing this and the marital separation would have on William. I have met with William for several sessions. I was in the process of contacting Ray Crouse, William's father, to include him in the therapy when Susan called with concerns about things William had told her while in her care. Apparently after she gave William a bath she was checking his diaper rash and putting Desitin on when William starting talking about a "magic star" at Dad's. She reports he said that Dad's fingers-get really small and he put his fingers inside him. He also said, "I open up wide" and then spread his legs. According to Susan he seemed matter of fact when saying this. He had come home from his father's in a good mood dul evening. During my contacts with William it took several sessions for William to separate easily from his mother. He has become increasingly more relaxed and talkative with each session. During the first session when I asked him why big parents do not live together p.2 Elliot Rieglei, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. :Fax: (717) 540-1416 • (717) 540-1313 •2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 Rug 24 00 11:12a Riegler, Shienveld & RSSO 717-540-1416 W. Crouse Page 2 he replied that Dad gets very angry. He could not tell me what Dad does when he is angry because "It's a secret". He did say Dad was angry at Mom. William's play during sessions is focused and.oonstructive. Developmentally he is.demoushating age appropriate skills in all areas. He is inconsistent with toileting, which we are currently addressing. The one thing of note is that often, when asked about his Dad or what he did with his Dad, he says he can not tell me or it's a secret. Dining the last session, William was very talkative, askinglots of questions about everything. ?lis play was very productive. He was willing to talk about the bed and bath routine at Dad's and revealed nothing abnormal. When I asked him about the "magic star" he said he couldn't tell me what that was. He was resistant, m general, to answering questions. In fact, he told.me he was angry that I was asking questions. It can be difficult to determine whether or not abuse occurred with a three year old, even if that child has good verbal skills. William was nervous with the Children and Youth workers and did not verbalize. enough in one interview to warrant an investigation. This is not surprising given my experiences with William. His pediatrician did not find any physical findings. However, this is not unusual even when abuse does occur. Given these constraints, it is difficult to do an adequate evaluation without interviewing Mr. Crouse and spending more time with William. Unfortunately this was not possible to accomplish in the past week. In addition to evaluating the possibility of abuse, it would be helpful to evaluate both the parents to determine the likelihood of William being either caught' im the middle" between his parents muVor being alienated from one of his parents. This evaluation should occur as soon as possible. Sincerely, Melinda Eash, M.S. R.3 XMsk EXHIBIT •rB•y CHILDREN'S RESOURCE CENTER Mailing Address: ' PO. Box 8700 Harrisburg, PA 17105-8700 Locaeon: 2601 North 3rd Street Harrisburg, PA 17110-2098 717782-2467 1-877-543-5018 717 782-4124 -Fax tsmM@pinnaclehMRh.org -Email EARL F. GREENWALD, M.D., FACOG Medical Director TERESA M. SMITH, A.C.S.W. Coordinator \ PINNACLEHEALTH Monday, August 28, 2000 RE: William Crouse Birth Date: September 25, 1996 SS#: 800-42-8915 Date of Examination: August 25, 2000 Date of Dictation: August 25, 2000 I evaluated William, age 3, because of concerns about the possibility of abuse. The purpose of my examination was to diagnose and treat residua of abuse. William was accompanied by his mother, Susan Crouse. Past Medical History: Past medical history was reviewed with mom, and it is as follows: William has never been hospitalized, nor has he experienced a serious surgery or illness. He has no chronic illnesses or physical handicaps. He has experienced no penile or anal injuries, operations or infections. He has had no penile or anal pain, itching, discharge or bleeding. He has had no pain or bleeding on urinating or moving his bowels. He has had constipation requiring the use of an enema approximately one or two times a month. William has not been experiencing frequent vomiting or belly pain. He has no history of convulsions, fainting or loss of consciousness. William and members of his family do not have a history suggesting brittle bones. Mom does note that he occasionally has nose bleeds at night. He does not have any other bruising or bleeding of the gums that mom has noticed. There is no one else in the family who has a history to suggest abnormal bruising or clotting. He has had no broken bones. 1 William has had a psychological evaluation. William has been in counseling since July 2000 with Melinda Eash. He has had approximately 4-5 sessions. These have been regarding issues surrounding an ongoing divorce. Mom says that her initial concerns to take him to counseling were regarding comments about William's dad saying that he was going to shoot her or William's maternal grandparents. Also in June, William starting telling about secrets that he could not tell his mom. According to mom, William has been experiencing some problems. Mom notes she believes William is sexually acting; William will put his finger into his rectum, usually when he is in the bathtub. He says that "I used to do it when I was a baby". Mom asked William where he learned about this behavior and she says that he told her "someone else did it". Mom asked "who did it?" and he said "a friend of nine". Mom asked who this friend was, and William said "I can't tell". Mom also says that William told her that "daddy says butt poop and poop". Mom says that William is "obsessed" with the word butt and sometimes will say it repeatedly. I asked mom if there is worsening of his constipation recently, and she said "no". Mom is also concerned about his cruelty towards people where he hits, pushes and kicks people. Mom says that he gets time outs for this. Mom says that he also used to be rough with a dog when he was younger but he is better about playing with the dog nicely now. Mom notes that William, who is almost 4, is not potty trained yet. She says that he was doing better in May when she moved in with her parents but, now that he is seeing his dad more, he has "regressed". Mom says that William is having some sleeping problems and he seems to want to sleep more and he also says that there are "monsters" that bother him at night. Mom says that he also seems to be having more bad dreams. Also, his appetite is "poor" in that he likes certain things to eat specifically. Mom says that he is usually "a pretty friendly child" but over the past few weeks he has ignored other children close to his age. In addition, he had some cousins who he had been playing with at a beach that he hit in the family garage. Mom says that she has concerns about William being fearful and nervous. She says that around other kids he seems to be somewhat more fearful now. William has concerns when he thinks there may be a storm coming. She says that his nervousness is more what she feels to be "hyper" behavior. She says he is "in constant motion". She says that when he is going to see his dad he does seem "excited" and that he does look forward to seeing his dad. Mom says that she has had problems with William disobeying the rules. She says that he is hitting as noted above and also "not cooperating" with the rules. William has been having problems with destroying property. This is mostly regarding breaking his 2 toys. In addition, he had a new bike that his father gave him that he abused by putting a hole in the seat and throwing it down. Also, mom notes that he is sometimes upset in retrospect about this. Mom also says that he has had movement while lying in bed that she said looked like a "spasm" which involved his arms and legs. He was awake during this time and talking to her. Mom says she asked him where he learned this movement, and he said "daddy". Mom was not able to describe very well what this behavior was. William has not been seen for concerns about the possibility of abuse. When William disobeys or breaks the rules, he receives time outs for five minutes. Mom also says that she will take away privileges. Occasionally, William will be spanked on the bottom. Mom says that she always uses an open hand on the bottom without an implement. She says that she thinks that William's dad may have used a paint stick once on his bottom earlier this year when William had broken property at his father's house. William takes fluoride on a regular basis. He is allergic to penicillin, Amoxicillin, and Cefzil, all of which give him a rash. Mom did not have any other medical information that we had not asked about. Mom had another comment before our interview with William in that the initial disclosure to her was one week ago Thursday and also last night. Mom said that William saw his father and paternal grandmother last night and said again, prior to seeing them, what his dad did to him. William also told his maternal grandparents the same disclosure. Medical History Obtained from William: Prior to proceeding with examination, Deb Bauer, Social Worker for the Children's Resource Center, and Dr. Kevin Grayson, Senior Pediatric Resident, Hershey Medical Center, interviewed William alone. There were no observers viewing this interview from the viewing station. We began our interview by asking William what his name was, and he said "William". We asked how old he was, and he said "3". William asked us "why do we have these dolls in here?" We told him "we want to see how smart you are". William told us "I don't know baby dolls". He did point out to us that the one doll was a boy, and we told him that he was smart to know that was a boy doll. We asked William if he goes to preschool, and he said "not now". We asked him what he does all day, and he didn't answer. We asked William why he was here today, and he answered "why?" and Ms. Bauer said "I don't know". We asked "did your mom talk to you about coming here today?" and William answered "I don't know". We picked up a boy anatomic doll, and William said "I'm a boy". He was able to correctly identify 3 that the doll was wearing a red shirt and that it had black shoes. William was able to identify that he himself had white shoes. He was able to identify brown hair on the doll. We pointed to the eyes of the doll and asked him what these were, and he said "tissues" and he giggled. We then pointed to the mouth on the doll, and he said this was a "tissue" and he giggled. We pointed to the arm of the doll, and he said this was a "camel" and he giggled. We asked William if he ever went swimming, and he said "yes". We asked what he wears, and he said "swim pumps". We asked William if his mom talked to him about telling the truth today, and did not answer us. We asked William what color his "swim pumps" were, and he said "blue". We asked William what parts of his body his "swim pumps" cover, and he said "legs". We asked if it just covered his legs, and he said "yeah". We asked William if his swimwear covered the chest part of his body (pointing to the chest on the doll), and he said "yeah". We pointed to the legs of the doll and asked him what he called these, and he said "camel". We asked William "what parts of your body are you worried about?" and he said "nothing". We asked "what parts of your body is your mom concerned about?" and he said "something". At this point, we again pointed to the parts of the body on the male anatomic doll, and he was able to identify the chest as the chest and the umbilicus as the belly button. We pointed to the penis, and he called this the "silly button". He then pointed to the scrotum and said that he called this the "anchor". He then identified the back of the doll as the back. When we showed him the buttocks of the male doll, he spread apart the bottom of the doll to expose the doll's anus and put his finger inside the doll's anus. We asked "what are you doing with your finger?" and he did not give us an answer. He then picked up the adult doll and pointed to the anus and said "poop belly". We then showed William the girl anatomic doll, and William said "she's a baby". We asked if this was a boy or girl doll, and he said "girl". We pointed to the doll's finger and he identified that as a "camel". We asked William if he had anything on his body that looked like this part of the girl doll, and he said "no". We asked him to count the fingers on the doll, and he counted to 9. We asked William if anyone has ever referred to the butt and silly button part of the doll as the "private parts". He asked "what's private parts?" We asked William if he had ever heard it called private parts, and he said "no". At this point in the interview, William interrupted and said "I have to call someone". We asked him who, and he said "my daddy". We asked William "what is he saying?" and William said "anything" (William's mother had explained to us prior that William says "anything" for the word "nothing".) William told us that his dad was coming to the office. We asked who he was coming for, and he gestured toward Ms. Bauer and said "you". We asked why he was coming, and he said that he was coming to take Ms. Bauer to his work. We asked William who lives at home, and he said "mom, nam and grandpa". We asked if anybody else lived there, and he said "no". We asked "does your dad live there?" and he did not give an answer. He then went to the dollhouse and said "I have to work in here". We asked William who he lived with, and he said "grandpa". We asked who else, and he said "not telling, I have to bend over" (William was leaning over the dollhouse Dutch door as he said this). We asked "who would mommy say lives in your house?" At this point in the interview, William said "you make me nervous". We asked "why do I make you nervous?" and he said "because the dolls". We asked William if something happened to him that we need to know about, and he said "no". We asked him if anybody had ever hurt him that we needed to know about, and he said "no". We asked if his mom was worried about him, and he said "I guess". We asked William if there was anything on his body that hurts, and he said "no". We asked if there was anything on his body that we need to check out, and he said "no". We asked William if there was anything that anybody was doing to him that we need to make them stop, and he initially did not answer. We repeated the question, and he said "no". We asked William if anyone asked him to keep a secret, and he said "yes". We asked who was telling him to keep a secret, and he did not answer. At this point, he said that somebody was calling on the phone and he picked up the toy phone and he said "it's my mom". He said "my dad has something to tell you". We asked him what this was, and he said his dad was saying "do you have a truck?" We then asked William "did someone tell you not to tell us something?" and at this point William said that he wanted to see his mom and we interrupted the interview for a few moments. While in the room with his mother, his mother told him that she wanted him to tell us what he told her. Dr. Grayson then told William that he (William) needed to tell us about anything that had been hurt on his body or any part of his body that we needed to check since sometimes when body parts hurt it is not very obvious. We resumed the interview and asked William if there was anything that he would like to tell us on the phone. At this point, he told us "I want you to go in the closet" gesturing towards Ms. Bauer. We asked "go in the closet and do what?" and he did not answer. We asked William "has someone hurt you?" and he did not answer. At this point, it was felt that it would be best to go ahead with William's physical exam and then we would resume the interview if it seemed appropriate and if William would be agreeable. Physical Examination: I explained the purpose of the examination to William and mom and invited mom to prepare him for the examination. William was cooperative for the examination and was accompanied by his mother throughout. He is well-developed and well-nourished. His height was 44 in, and his weight was 46-1/2 lb. Skin examination was normal. There were two cafe an lait spots noted, one on the abdomen and one on the right thigh. In addition, there was an abrasion over the right knee where he had fallen while playing. HEENT examination was normal. Heart examination; RSR, no murmurs heard. Lungs were clear to auscultation. Abdominal examination revealed no tenderness, organomegaly, or masses. Back examination was normal. Node examination revealed no adenopathy. Extremity examination reveals no abnormalities. Genital examination was completed in the supine frog leg position with the use of gross and colposcopic visualization at fixed magnification with white light. Pubic hair was Tanner I. Genitals were Tanner I. Examination of his penis revealed that he was circumcised. There was no acute injury or scarring suggesting chronic or old injury. Examination of his scrotum revealed no acute injury or scarring suggesting chronic or old injury. His perineum appeared normal. Examination of his external anal verge revealed a symmetric rugal pattern, normal response to traction, and normal sphincter tone. I obtained oral, penile and anal cultures for chlamydia and gonorrhea. These findings were documented by video recording, from which photographs can be produced. No further testing was performed. Additional Information Reviewed After Examination of William: After William dressed and returned with mom to the counseling room, William was escorted to the playroom. We described to mom the details of our interview with William. We told mom that William was avoidant during our interview. We told mom that William was very distracting, using the phone to interrupt our conversation. We did tell mom about the behavior of him putting his finger into the doll's rectum. We told mom that he was interested in the butt of both the male adult and child dolls. We told mom that we certainly encourage continued counseling to help William to open up to anything that may have happened to him. Mom then told us her concerns and the disclosure that she received from William. She said that eight days ago after seeing his father, Ray, mom was giving William a bath. After he was bathed, she was drying him on the bed, and she noted that William's bottom seemed "unusually red and dark" that she thought was secondary to the fact that he had been at the beach and had a diaper rash. He had been at the beach with his father. William's mother said that William opened his legs apart and told mom that his dad puts "the magic star" inside and then puts his fingers in the magic star. Mom said that she called her mother in and William repeated this to his grandmother also. Mom said that she asked William when his daddy did this to him and says that William told her that he couldn't tell. Mom says that William pointed to his rectum specifically while talking about the magic star. Mom said that at first he couldn't tell what his dad was using to put into his rectum but then told her that it was "the magic star". William also said that he had a "secret" that he couldn't tell anybody. The next day, mom said that William talked to her about the magic star and said that it was "yellow and white with sparkles". She said that he made gestures with his hands indicating that it was approximately one foot long. Last night mom said that right before seeing his father, William told her "I open up really wide and daddy moves inside". Mom also said that William said "he goes inside with the magic star". Again, at this time, mom asked William where does dad put his magic star, and he gestured towards his rectum. Mom asked William what the magic star was, and he again made the gesture with his hands indicating something approximately one foot long. Mom asked William when and where this happened and William would not answer. At this point, we felt that we should talk with William again in the playroom to try to obtain more medical history. Medical History Obtained from William: (continued) We brought Playdo into the room after finding out that William liked to play with Playdo and he said the Playdo looked like "gobbly goop". For a few minutes, we played with the Playdo and made different shapes including a circle, a square and a triangle. We then made the shape of a star, and he identified this as a star. We asked "what did you tell your mom about what happened at your dad's house?" and William answered "you better go in the garbage". We asked William "did your dad ever say anything would happen to you if you told?" and he did not answer. We then asked "what did your dad say would happen if you told?" and he again did not answer. William went and got the phone and told Ms. Bauer that she was to talk to "her" on the phone. We asked William who was on the phone, and he said "Tam". We asked William "where does Tam live" and he said "Newberry". We asked old how was Tam, and he showed us nine fingers. We then said "Tam says you can tell what happened" while Ms. Bauer pretended to talk to somebody on the phone. William answered "nothing". 7 We asked William if he told his mom about "the magic star", and he said "yeah". We asked him what it does, and he said "it hits someone". We asked who it hit, and he said "Carls". We asked where did it hit Carls, and he did not give us an answer. Again, we asked William where did it hit Carls, and he said "on the head". We asked if it hurt, and he said "yeah". We asked where else did the magic star hit Carls, and he said "foot". Again, we asked if it hurt, and he said "yeah". We asked William "what does the magic star look like, and he said "black". We asked him where does the magic star come from, and he initially gave no answer and then said "I don't know". He then told us "it was up in the sky". We asked how did it hit Carls, and he said "he was up in the sky". We asked William if somebody could go out and buy a magic star, and he said "yeah". We asked what sort of store, and he said "a magic star store". We asked William where Tam got the magic star, and William said that she bought it and put it in her dresser. We asked William what Tam was going to do with it, and he said "Tam was going to hit somebody with the magic star". We asked if it would hurt, and he said "yes they would bleed". We asked William who told him to keep a secret, and he said "this morning". We asked William who told you, and he said "daddy". We asked William what the secret was about, and he said "a truck. He said that it was about a big tow truck." We asked whose truck it was, and he said "Tam's". William told us "it was old and got crushed". We asked William if there was any other secret, and he said "anything". We asked William what was secret about the tow truck, and he initially gave no answer and then said "I want to play with puzzles". We asked if William had anything to ask Dr. Grayson, and he said "no". We asked if he had anything to tell Ms. Bauer, and he said "nope". Additional Information Reviewed After Second Interview of William: We told mom that William had talked about the magic star and that he talked about the magic star in a general sense, using "Tam" on the phone to tell us. We told mom that William's dad had told him to keep a secret. We did advise that mom should continue to have William talk with a counselor. Mom asked us about whether or not she should have William see dad again, and we advised her to talk to her attorney about filing an emergency petition while this investigation was going on. We told mom that any time in the future that it seemed that William was more willing to talk openly, we would certainly be able to re-interview him and also told mom that she should have Melinda Eash call us with any other disclosures that William might make. Impression: In our interview today, William did not give us any specific information which would lead us to believe that there was any abuse that took place. William was certainly very avoidant of questions and seemed to be withholding information from us. William's mom told us that she had heard from William describing some sort of object penetrating his anus. Anal penetration may cause redness or abrasion around the opening of the rectum, which totally heals without scarring or residua within four days. The anus is usually not tom or seriously injured by the entry of a penis and/or finger, which is no larger than firm stool, which can pass the anus without injury. Accordingly, lack of 8 residua on examination of William's anus today does not preclude that what William told his mother actually happened. I feel that there is further information that William has to tell us but he does not seem ready to talk at this time. Plan: I recommend that William remain under psychological care in view of the severity and duration of his abuse as described in mom's disclosure which she received from William. I recommend that William continue the play therapy with Ms. Eash, in that we will see him again for re-interview if at any point in the future he is more willing and able to talk to other adults about what might have happened to him. I will see William again if further care or evaluation is required. m Grayson, .D. Earl F. Greenwald, M.D. AUG 2 5 2000 bd SUSAN A. CROUSE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW RAY W. CROUSE, NO. 00-1441 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this day of August, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 2 of the Cumberland County Courthouse on the I' day of September, 2000 at 8:45 a.m. At this hearing, the Mother, Susan A. Crouse, shall be the moving party and shall proceed initially with testimony. The sole purpose of this hearing shall be to determine whether the existing custody order should be modified to terminate or limit Father's unsupervised overnight visitation with the minor child in light of recent allegations the Mother is lodging against the Father relating to alleged sexual abuse of the minor child. Counsel for the parties shall file with the Court and opposing counsel a short memorandum setting forth the history of custody in this case and a summary of each parties position on custody. If there are any professional witnesses anticipated at the hearing, a copy of that witnesses report should be attached to the memorandum. Also, the memorandum should summarize the anticipated testimony of each witness the party may call. This memorandum shall be filed in chambers on or before the close of business on Thursday, August 31, 2000. 2. Pending further Order of this Court, this Court's prior Order of June 14, 2000, which incorporated a stipulation on custody provided by the parties, shall remain in effect. Pending the hearing in this case, Father's regularly scheduled visitation with the minor child shall be conducted with the Father's mother present during the time that Father is exercising visitation. This condition shall not in any way be construed as an admission by Father that supervised visitation is required and is only being imposed in fight of Mother's assertion that she would not willingly allow the Father to have unsupervised visitation until the hearing in this case. BY THE cc: Jane Adams, Esquire Harold S. Irwin, III, Esquire Edgar B. Bayley '•'\? c ,. VA ;v Q ? ? VQ SUSAN A. CROUSE, Plaintiff v RAY W. CROUSE, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-1441 CIVIL IN CUSTODY 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: This is a case that has a situation where the Mother is suggesting the Father may have sexually abused a minor child who is now just under 4 years old. Mother is asserting that she does not want to send the child unsupervised with the Father until this issue is resolved, and Mother is especially asserting that she would not agree to the Father having any type of overnight visitation with the child. Over the past few months since the parties have been separated, the Father has been enjoying overnights on alternating weekends and has also been enjoying one or two evenings per week with the minor child. 2. The Conciliator felt this case required an emergency hearing to address what is essentially the Mother's request to have the existing Custody Order modified to terminate Father's unsupervised visitation pending conclusion of more detailed evaluations/counseling with the child. 3. Based upon the above, the Conciliator recommends the entry of an order in the form as attached. 4 3 s- Qb DATE Hubert X. Gilroy, Esquire Custody Conciliator r RAY W. CROUSE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN A. CROUSE 00-1441 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 1st day of June , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeHubert x. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 18th day ofAugust , 2000, at10:30AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Fl! EC3 O?f=1'aE '{ 00 Jim -1 PM, 3. SA CUMISEPLk D CpUNTY PENNSYLVANIA ? Y •44 ??, s?ra?'-lo ?i?,, 'Ile RAY W. CROUSE, Plaintiff VS. SUSAN A. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY NO. 1441 CIVIL 2000 ORDER OF COURT AND NOW. this day of ,2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at Pennsylvania, on the day of 2000, at : o'clock m. 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA. 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 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 accomodations 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. RAY W. CROUSE, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CUSTODY SUSAN A. CROUSE, Defendant NO. 1441 CIVIL 2000 COMPLAINT FOR CUSTODY 1. Plaintiff is Ray W. Crouse, who currently resides at 1 Hoover Rd, Carlisle, Pa. 17013. 2. Defendant is Susan A. Crouse, who currently resides at: 2 Darrin Ave, Newburg, Pa. 17240. 3. Plaintiff seeks custody of the following child: NAME ADDRESS AGE William Ray Crouse 2 Darrin Ave, 3 yrs. Newburg, Pa. 17240. The child was not born out of wedlock. The child is in the custody of. Susan A. Crouse, mother. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Ray and Susan Crouse Susan Crouse 1 Hoover Road Carlisle, Pa. 17013 2 Darrin Ave. Newburg, Pa. 17240 9/25/96 to 5/19/00 5/19/00 to present. The mother of the child is: Susan A. Crouse, currently residing at: 2 Darrin Ave., Newburg, Pa. 17240. She is married. The father of the child is: Ray W. Crouse, currently residing at: 1 Hoover Road, Carlisle, Pa. 17013. He is married. 4. The relationship of plaintiff to the children is that of FATHER. The plaintiff currently resides alone. 5. The relationship of defendant to the children is that of MOTHER. The persons that the defendant currently resides with are: Elaine Alison Toms and Frederick Toms (maternal grandparents). 6. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of 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 granting the relief requested because: Mother is currently limiting Father's custody and visitation with the child. Father wants to take an active part in the child's upbringing and would like to spend more weekends, weeknights. and summer vacation with the child. Granting additional visitation to the father would be in the best interest of the child because the child would benefit from the additional love, attention, and parental support that the father could provide. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa.C_S. §4904 relating to uns-,vorn falsification to authorities. Date: 0,? Respectfully submitted, e Adams, Esquire I.D. No. 79465 117 South I lanover St. Carlisle, Pa. 17013 (717)245-8508 ATl'ORNlrY FOR PLAINTIFF co ev g? ?T ?p a RAY W. CROUSE, Plaintiff VS. SUSAN A. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY NO. 1441 CIVIL TERM 2000 FATHER'S MEMORANDUM REGARDING CUSTODY AND NOW comes, Ray W. Crouse, by and through his attorney, Jane Adams, Esquire, and respectfully submits the following Memorandum regarding custody of his minor child, William R. Crouse: 1. HISTORY OF CUSTODY Ray W. Crouse (hereinafter referred to as "FATHER") and Susan A. Crouse (hereinafter referred to as "MOTHER"), were married on December 27, 1993. On September 25, 1996 Susan .A. Crouse gave birth to a son, William R. Crouse. At the time of William's birth, the couple lived in Manassas, Virginia. In May 1999, the couple moved to Carlisle. In the following year, marital problems began to develop and the couple attended counseling. On May 19, 2000 MOTHER left the marital home, and took William without notifying FATHER. It was eventually determined that MOTHER had moved in with her parents, Elaine Toms and Frederick Toms of Newburg, Pennsylvania. The marital home was sold on June 19, 2000 and FATHER moved to Camp Hill, Pennsylvania. After MOTHER began residing with her parents, problems regarding custody arose. FATHER was repeatedly denied visitation with William despite his requests. On May 30, 2000, FATHER filed a Petition for Custody and Vistation. Visitation continued to be limited by MOTHER until a Temporary Stipulation and Agreement was entered on June 14, 2000. On August 18, 2000, a custody concilliation was held before Hubert X. Gilroy, Esquire, pursuant to the filing of FATHER's petition for custody and visitation. FATHER sought regular visitation with his son, to include alternating weekends and two 10-day vacation periods during the summer. At this concilliation, MOTHER initiated allegations of sexual abuse. At no time before this date was FATHER informed of any allegations of abuse. Very few details were provided as to the alleged abuse. A second concilliation conference was rescheduled for August 24, 2000, in order to allow MOTHER to provide some objective information from a professional which would give credibility to the allegations. E On August 24, 2000 a second custody concillation was held with concillator Hubert X. Gilroy, Esquire. MOTHER provided a letter from Melinda Eash, M.S., of Riegler, Shienvold & Associates; however, this letter was inconclusive as to the allegations of sexual abuse. It was revealed at this concillation that MOTHER had been taking the couple's son to a counselor at Riegler, Shienvold & Associates since July 11, 2000 without FATHER's knowledge or consent. FATHER consented meet with Melinda Eash, M.S., for an evaluation after the concillation. MOTHER also contacted Children and Youth workers, however, their interview with William did not provide enough information to warrant an investigation. William was also examined by a Pediatrician, however, no physical evidence of abuse was found. Despite a lack of any objective evidence of abuse, MOTHER contined to deny FATHER unsupervised visitation and a hearing was scheduled regarding this matter for September 1, 2000. 11I. SUMMARY OF FATHER'S POSITION ON CUSTODY FATHER, Ray W. Crouse, originally sought partial custody and visitation of his son, 'William R. Crouse. Father reserves the right to petition for full custody of William R. Crouse pending future professional evaluations and pending determination by the Court of the extent of Mother's and the maternal grandparents' efforts to alienate the minor child from FATHER, and deny all visitation. 1111. WITNESSES AND ANTICIPATED TESTIMONY A. Ray Crouse, father of William Crouse. To testify on his relationship with William Crouse and custody arrangements with Susan Crouse. B. Margaret Crouse, mother of Ray Crouse, paternal grandmother of William Crouse. To testify regarding William Crouse's relationship with Ray Crouse. FATHER reserves the right to supplement this list pending ongoing investigations by qualified professionals. Date: 0- - ?0 , 00 Respectfully submitted, &eGe Adams, Esquire I.D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITONER RAY CROUSE CHILDREN'S RESOLNICE CEMER' Mailing Address: P0.Bat 8700 Harrisburg, PA 17105-6700 l.ocelion: 2601 Nodh 3rd Street - Hamshurg,PA 1711D-2098 717 782-2467 1-877-543-5018 717 7824124 -Fax tsmah®pinnacleheakh.org -Email EARL F. GREENWALD, M.D., FACOG Medical Director TERESA M. SMITH, A.C.S.W. Coordinator 4? PINNACLEHEALTH Monday, August 28, 2000 RE: William Crouse Birth Date: September 25, 1996 SS#: 800-42-8915 Date of Examination: August 25, 2000 Date of Dictation: August 25, 2000 I evaluated William, age 3, because of concerns about the possibility of abuse. The purpose of my examination was to diagnose and treat residua of abuse. William was accompanied by his mother, Susan Crouse. Past Medical History: Past medical history was reviewed with mom, and it is as follows: William has never been hospitalized, nor has he experienced a serious surgery or illness. He has no chronic illnesses or physical handicaps. He has experienced no penile or anal injuries, operations or infections. He has had no penile or anal pain, itching, discharge or bleeding. He has had no pain or bleeding on urinating or moving his bowels. He has had constipation requiring the use of art enema approximately one or two times a month. William has not been experiencing frequent vomiting or belly pain. He has no history of convulsions, fainting or loss of consciousness. William and members of his family do not have a history suggesting brittle bones. Mom does note, that he occasionally has nose bleeds at night. He does not have any other bruising or bleeding of the gums that mom has noticed. There is no one else in the family who has a history to suggest abnormal bruising or clotting. He has had no broken bones. PLAINTIFF°5 EXHIBIT • , 1 William has had a psychological evaluation. William has been in counseling since July 2000 with Melinda Eash. He has had approximately 4-5 sessions. These have been regarding issues surrounding an ongoing divorce. Mom says that her initial concerns to take him to counseling were regarding comments about William's dad saying that he was going to shoot her or William's maternal grandparents. Also in June, William starting telling about secrets that he could not tell his mom. According to mom, William has been experiencing some problems. Mom notes she believes William is sexually acting; William will put his finger into his rectum, usually when he is in the bathtub. He says that "I used to do it when I was a baby". Mom asked William where he learned about this behavior and she says that he told her "someone else did it". Mom asked "who did it?" and he said "a friend of mine". Mom asked who this friend was, and William said "I can't tell". Mom also says that William told her that "daddy says butt poop and poop". Mom says that William is "obsessed" with the word butt and sometimes will say it repeatedly. I asked mom if there is worsening of his constipation recently, and she said "no". Mom is also concerned about his cruelty towards people where he hits, pushes and kicks people. Mom says that he gets time outs for this. Mom says that he also used to be rough with a dog when he was younger but he is better about playing with the dog nicely now. Mom notes that William, who is almost 4, is not potty trained yet. She says that he was doing better in May when she moved in with her parents but, now that he is seeing his dad more, he has "regressed". Mom says that William is having some sleeping problems and he seems to want to sleep more and he also says that there are "monsters" that bother him at night. Mom says that he also seems to be having more bad dreams. Also, his appetite is "poor" in that he likes certain things to eat specifically. Mom says that he is usually "a pretty friendly child" but over the past few weeks be has ignored other children close to his age. In addition, he had some cousins who he had been playing with at a beach that he hit in the family garage. Mom says that she has concerns about William being fearful and nervous. She says that around other kids he seems to be somewhat more fearful now. William has concerns when he thinks there may be a storm coming. She says that his nervousness is more what she feels to be "hyper" behavior. She says he is "in constant motion". She says that when he is going to see his dad he does seem "excited" and that he does look forward to seeing his dad. Mom says that she has had problems with William disobeying the rules. She says that he is hitting as noted above and also "not cooperating" with the rules. William has been having problems with destroying property. This is mostly regarding breaking his 2 toys. In addition, he had a new bike that his father gave him that he abused by putting a hole in the seat and throwing it down. Also, mom notes that he is sometimes upset in retrospect about this. Mom also says that he has had movement while lying in bed that she said looked like a "spasm" which involved his arms and legs. He was awake during this time and talking to her. Mom says she asked him where he learned this movement, and he said "daddy". Mom was not able to describe very well what this behavior was. William has not been seen for concerns about the possibility of abuse. When William disobeys or breaks the rules, he receives time outs for five minutes. Mom also says that she will take away privileges. Occasionally, William will be spanked on the bottom. Mom says that she always uses an open hand on the bottom without an implement. She says that she thinks that William's dad may have used a paint stick once on his bottom earlier this year when William had broken property at his father's house. William takes fluoride on a regular basis. He is allergic to penicillin, Amoxicillin, and Cefzil, all of which give him a rash. Mom did not have any other medical information that we had not asked about. Mom had another comment before our interview with William in that the initial disclosure to her was one week ago Thursday and also last night. Mom said that William saw his father and paternal grandmother last night and said again, prior to seeing them, what his dad did to him. William also told his maternal grandparents the same disclosure. Medical History Obtained from William: Prior to proceeding with examination, Deb Bauer, Social Worker for the Children's Resource Center, and Dr. Kevin Grayson, Senior Pediatric Resident, Hershey Medical Center, interviewed William alone. There were no observers viewing this interview from the viewing station. We began our interview by asking William what his name was, and he said "William". We asked how old he was, and he said "3". William asked us "why do we have these dolls in here?" We told him "we want to see how smart you are". William told us "I don't know baby dolls". He did point out to us that the one doll was a boy, and we told him that he was smart to know that was a boy doll. We asked William if he goes to preschool, and he said "not now". We asked him what he does all day, and he didn't answer. We asked William why he was here today, and he answered "why?" and Ms. Bauer said "I don't know". We asked "did your mom talk to you about coming here today?" and William answered "I don't know". We picked up a boy anatomic doll, and William said "I'm a boy". He was able to correctly identify 3 that the doll was wearing a red shirt and that it had black shoes. William was able to identify that he himself had white shoes. He was able to identify brown hair on the doll. We pointed to the eyes of the doll and asked him what these were, and he said "tissues" and he giggled. We then pointed to the mouth on the doll, and he said this was a "tissue" and he giggled. We pointed to the arm of the doll, and he said this was a "camel" and he giggled. We asked William if he ever went swimming, and he said "yes". We asked what he wears, and he said "swim pumps". We asked William if his mom talked to him about telling the truth today, and did not answer us. We asked William what color his "swim pumps" were, and he said "blue". We asked William what parts of his body his "swim pumps" cover, and he said "legs". We asked if it just covered his legs, and he said "yeah". We asked William if his swirawear covered the chest part of his body (pointing to the chest on the doll), and he said "yeah". We pointed to the legs of the doll and asked him what he called these, and he said "camel". We asked William "what parts of your body are you worried about?" and he said "nothing". We asked "what parts of your body is your mom concerned about?" and he said "something". At this point, we again pointed to the parts of the body on the male anatomic doll, and he was able to identify the chest as the chest and the umbilicus as the belly button. We pointed to the penis, and he called this the "silly button". He then pointed to the scrotum and said that he called this the "anchor". He then identified the back of the doll as the back. When we showed him the buttocks of the male doll, he spread apart the bottom of the doll to expose the doll's anus and put his finger inside the doll's anus. We asked "what are you doing with your finger?" and he did not give us an answer. He then picked up the adult doll and pointed to the anus and said "poop belly". We then showed William the girl anatomic doll, and William said "she's a baby". We asked if this was a boy or girl doll, and he said "girl". We pointed to the doll's finger and he identified that as a "camel". We asked William if he had anything on his body that looked like this part of the girl doll, and he said "no". We asked him to count the fingers on the doll, and he counted to 9. We asked William if anyone has ever referred to the butt and silly button part of the doll as the "private parts". He asked "what's private parts?" We asked William if he had ever heard it called private parts, and he said "no". At this point in the interview, William interrupted and said "I have to call someone". We asked him who, and he said "my daddy". We asked William "what is he saying?" and William said "anything" (William's mother had explained to us prior that William says "anything" for the word "nothing".) William told us that his dad was coming to the office. We asked who he was coming for, and he gestured toward Ms. Bauer and said "you". We asked why he was coming, and he said that he was coming to take Ms. Bauer to his work. We asked William who lives at home, and he said "mom, nam and grandpa". We asked if anybody 4 else lived there, and he said "no". We asked "does your dad live there?" and he did not give an answer. He then went to the dollhouse and said "I have to work in here". We asked William who he lived with, and he said "grandpa". We asked who else, and he said "not telling, I have to bend over" (William was leaning over the dollhouse Dutch door as he said this). We asked "who would mommy say lives in your house?" At this point in the interview, William said "you make me nervous". We asked "why do I make you nervous?" and he said "because the dolls". We asked William if something happened to him that we need to know about, and he said "no". We asked him if anybody had ever hurt him that we needed to know about, and he said "no". We asked if his mom was worried about him, and he said "I guess We asked William if there was anything on his body that hurts, and he said "no". We asked if there was anything on his body that we need to check out, and he said "no". We asked William if there was anything that anybody was doing to him that we need to make them stop, and he initially did not answer. We repeated the question, and he said "no". We asked William if anyone asked him to keep a secret, and he said "yes". We asked who was telling him to keep a secret, and he did not answer. At this point, he said that somebody was calling on the phone and he picked up the toy phone and he said "it's my mom". He said "my dad has something to tell you". We asked him what this was, and he said his dad was saying "do you have a truck?" We then asked William "did someone tell you not to tell us something?" and at this point William said that he wanted to see his mom and we interrupted the interview for a few moments. While in the room with his mother, his mother told him that she wanted him to tell us what he told her. Dr. Grayson then told William that he (William) needed to tell us about anything that had been hurt on his body or any part of his body that we needed to check since sometimes when body parts hurt it is not very obvious. We resumed the interview and asked William if there was anything that he would like to tell us on the phone. At this point, he told us "I want you to go in the closet" gesturing towards Ms. Bauer. We asked "go in the closet and do what?" and he did not answer. We asked William "has someone hurt you?" and he did not answer. At this point, it was felt that it would be best to go ahead with William's physical exam and then we would resume the interview if it seemed appropriate and if William would be agreeable. Physical Examination: I explained the purpose of the examination to William and mom and invited mom to prepare him for the examination. William was cooperative for the examination and was accompanied by his mother throughout. He is well-developed and well-nourished. His height was 44 in, and his weight was 46-1/2 lb. Skin examination was normal. There were two cafe an lait spots noted, one on the abdomen and one on the right thigh. In addition, there was an abrasion over the right knee where he had fallen while playing. HEENT examination was normal. Heart examination; RSR, no murmurs heard. Lungs were clear to auscultation. Abdominal examination revealed no tenderness, organomegaly, or masses. Back examination was normal. Node examination revealed no adenopathy. Extremity examination reveals no abnormalities. Genital examination was completed in the supine frog leg position with the use of gross and colposcopic visualization at fixed magnification with white light. Pubic hair was Tanner I. Genitals were Tanner I. Examination of his penis revealed that he was circumcised. There was no acute injury or scarring suggesting chronic or old injury. Examination of his scrotum revealed no acute injury or scarring suggesting chronic or old injury. His perineum appeared normal. Examination of his external anal verge revealed a symmetric rugal pattern, normal response to traction, and normal sphincter tone. I obtained oral, penile and anal cultures for chlamydia and gonorrhea. These findings were documented by video recording, from which photographs can be produced. No further testing was performed. Additional Information Reviewed After Examination of William: After William dressed and returned with mom to the counseling room, William was escorted to the playroom. We described to mom the details of our interview with William. We told mom that William was avoidant during our interview. We told mom that William was very distracting, using the phone to interrupt our conversation. We did tell mom about the behavior of him putting his finger into the doll's rectum. We told mom that he was interested in the butt of both the male adult and child dolls. We told mom that we certainly encourage continued counseling to help William to open, up to anything that may have happened to him. Mom then told us her concerns and the disclosure that she received from William. She said that eight days ago after seeing his father, Ray, mom was giving William a bath. After he was bathed, she was drying him on the bed, and she noted that William's bottom seemed "unusually red and dark" that she thought was secondary to the fact that he had been at the beach and had a diaper rash. He had been at the beach with his father. William's mother said that William opened his legs apart and told mom that his dad puts "the magic star" inside and then puts his fingers in the magic star. Mom said that she called her mother in and William repeated this to his grandmother also. Mom said that she asked William when his daddy did this to him and says that William told her that he couldn't tell. Mom says that William pointed to his rectum specifically while talking about the magic star. Mom said that at first he couldn't tell what his dad was using to put into his rectum but then told her that it was "the magic star". William also said that he had a "secret" that he couldn't tell anybody. The next day, mom said that William talked to her about the magic star and said that it was "yellow and white with sparkles". She said that he made gestures with his hands indicating that it was approximately one foot long. Last night mom said that right before seeing his father, William told her "I open up really wide and daddy moves inside". Mom also said that William said "he goes inside with the magic star". Again, at this time, mom asked William where does dad put his magic star, and he gestured towards his rectum. Mom asked William what the magic star was, and he again made the gesture with his hands indicating something approximately one foot long. Mom asked William when and where this happened and William would not answer. At this point, we felt that we should talk with William again in the playroom to try to obtain more medical history. Medical History Obtained from William: (continued) We brought Playdo into the room after finding out that William liked to play with Playdo and he said the Playdo looked like "gobbly goop". For a few minutes, we played with the Playdo and made different shapes including a circle, a square and a triangle. We then made the shape of a star, and he identified this as a star. We asked "what did you tell your mom about what happened at your dad's house?" and William answered "you better go in the garbage". We asked William "did your dad ever say anything would happen to you if you told?" and he did not answer. We then asked "what did your dad say would happen if you told?" and he again did not answer. William went and got the phone and told Ms. Bauer that she was to talk to "her" on the phone. We asked William who was on the phone, and he said "Tam". We asked William "where does Tam live" and he said "Newberry". We asked old how was Tam, and he showed us nine fingers. We then said "Tam says you can tell what happened" while Ms. Bauer pretended to talk to somebody on the phone. William answered "nothing". 7 We asked William if he told his mom about "the magic star", and he said "yeah". We asked him what it does, and he said "it hits someone". We asked who it hit, and he said "Carts". We asked where did it hit Carls, and he did not give us an answer. Again, we asked William where did it hit Carls, and he said "on the head". We asked if it hurt, and he said "yeah". We asked where else did the magic star hit Carls, and he said "foot". Again, we asked if it hurt, and he said "yeah". We asked William "what does the magic star look like, and he said "black". We asked him where does the magic star come from, and he initially gave no answer and then said "I don't know". He then told us "it was up in the sky". We asked how did it hit Carls, and he said "he was up in the sky". We asked William if somebody could go out and buy a magic star, and he said "yeah". We asked what sort of store, and he said "a magic star store". We asked William where Tam got the magic star, and William said that she bought it and put it in her dresser. We asked William what Tam was going to do with it, and he said "Tam was going to hit somebody with the magic star". We asked if it would hurt, and he said "yes they would bleed". We asked William who told him to keep a secret, and he said "this morning". We asked William who told you, and he said "daddy". We asked William what the secret was about, and he said "a truck. He said that it was about a big tow truck." We asked whose truck it was, and he said "Tam's". William told us "it was old and got crushed". We asked William if there was any other secret, and he said "anything". We asked William what was secret about the tow truck, and he initially gave no answer and then said "l want to play with puzzles". We asked if William had anything to ask Dr. Grayson, and he said "no". We asked if he had anything to tell Ms. Bauer, and he said "nope". Additional Information Reviewed After Second Interview of William: We told mom that William had talked about the magic star and that he talked about the magic star in a general sense, using "Tam" on the phone to tell us. We told mom that William's dad had told him to keep a secret. We did advise that mom should continue to have William talk with a counselor. Mom asked us about whether or not she should have William see dad again, and we advised her to talk to her attorney about filing an emergency petition while this investigation was going on. We told mom that any time in the future that it seemed that William was more willing to talk openly, we would certainly be able to re-interview him and also told mom that she should have Melinda Eash call us with any other disclosures that William might make. Impression: In our interview today, William did not give us any specific information which would lead us to believe that there was any abuse that took place. William was certainly very avoidant of questions and seemed to be withholding information from us. William's mom told us that she had heard from William describing some sort of object penetrating his anus. Anal penetration may cause redness or abrasion around the opening of the rectum, which totally heals without scarring or residua within four days. The anus is usually not torn or seriously injured by the entry of a penis and/or finger, which is no larger than firm stool, which can pass the anus without injury. Accordingly, lack of 8 residua on examination of William's anus today does not preclude that what William told his mother actually happened. I feel that there is further information that William has to tell us but he does not seem ready to talk at this time. Plan: I recommend that William remain under psychological care in view of the severity and duration of his abuse as described in mom's disclosure which she received from William. I recommend that William continue the play therapy with Ms. Eash, in that we will see him again for re-interview if at any point in the future he is more willing and able to talk to other adults about what might have happened to him. I will see William again if further care or evaluation is required. m Grayson, D. Earl F. Greenwald, M.D. Rug 24 00 11:12a. Riegler, Shienvold & Rsso Riegier • Shienvold & Associates 717-540-1416 p.2 Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Sash, M.S. James Sash, L.S.W. Michael J. Asken, Ph.D. Bonnie Howard, Ph.D. Amy K_ Keisling, A.C.S.w, L.S.W. Tracy Richards. A.C.S.w, L.S.W. Don Lawrence, L.S.W. Dyanne Seymore, L.S.W. Jeffrey Pincus, Ph.D. Ann Vergales, A.C.S.W., L.S.W., B.C.D. August 23, 2000 Mr. Hal Irwin, Esquire 35 East High Street Carlisle, PA 17013 RE: William Crouse Dear Mr. Irwin: Robert H. Davis, Jr.. M.D. I am writing to you regarding my contacts with William Crouse. This includes my last mission, which occurred since the possibility of abuse was raised last week. I initially met with William Crouse on July 11, 2000. William is a three year old boy who was brought to therapy by his mother, Susan Crouse. She is in the process of divorcing from William's father. Susan described William's father as abusive to her during the marriage and was concerned about the effects witnessing this and the marital separation would have on William. I have met with William for several sessions. I was in the process of contacting Ray Crouse, William's father, to include him in the therapy when Susan called with concerns about things William had told her while in her care. Apparently after she gave William a bath she was checking his diaper rash and putting Desitm on when William starting talking about a "magic star" at Dad's. She reports he said that Dad's fingers get really small and he put his forgers inside him. He also said, "I open up wide" and then spread his legs. According to Susan he seemed matter of fact when saying this. He had come home from his father's in a good mood that evening. During my contacts with William it took several sessions for William to separate easily from his mother. He has become increasingly more relaxed and talkative with each session. During the fast session when I asked him why his parents do not live together Fax: (717) 540-1416 • (717) 540-1313 + 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 Rug 24 00 11:12a Riegler, Shienvold & Rsso 717-540-1416 p.3 W. Crouse Page 2 he replied that Dad gets very angry. He could not tell me what Dad does when he is angry because "It's a secret.". He did say Dad was angry at Mom. William's play during sessions is focused and.constructive Developmentally he is.demonstrating age appropriate skills in all areas. He is inconsistent with toiletmg, which we are currently addressing. The one thing of note is that often, when asked about his Dad or what he did with his Dad, he says he can not tell me or it's a secret. During the last session, William was very talkative, asking lots of questions about everything. His play was very productive. He was willing to talk about the bed and bath routine at Dad's and revealed nothing abnormal. When I asked him about the "magic star" he said.he couldn't tell me what that was. He was resistant, in general, to answering questions. In fact, he told me he was angry that I was asking questions. It can be difficult to determine whether or not abuse occurred with a three year old, even if that child has good verbal skills. William was nervous with the Children and Youth workers and did not verbalize enough in one interview to warrant an investigation. This is not surprising given my experiences with William. His pediatrician did not find any physical findings. However, this is not unusual even when abuse does occur. Given these constraints, it is difficult to do an adequate evaluation without interviewing Mr. Crouse and spending more time with William. Unfortunately this was not possible to accomplish in the past week. In addition to evaluating the possibility of abuse, it would be helpful to evaluate both the parents to determine the likelihood of William being either caught "in the middle" between his parents and/or being alienated from one of his parents. This evaluation should occur as sown as possible. Sincerely, ILI- Melinda Eash, M.S. ME/sk 91 L PA"^ 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 Attorneys for Plaintiff SUSAN A. CROUSE, Plaintiff vs. RAY W. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-1441 Civil Term CIVIL ACTION - LAW ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 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 Attorneys for Plaintiff SUSAN A. CROUSE, Plaintiff vs. RAY W. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-1441 Civil Term CIVIL ACTION - LAW ACTION IN DIVORCE PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Susan A. Crouse, by and through her counsel, Maria P. Cognetti, Esquire, and files the instant Amended Complaint in Divorce as follows: 1. Plaintiff is Susan A. Crouse, an adult individual residing at 1 Hoover Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Ray W. Crouse, an adult individual residing at 1 Hoover Road, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Amended Complaint in Divorce. 4. Plaintiff and Defendant were married on December 27, 1993 in Salem, Virginia. There have been no prior actions of divorce or for annulment between the parties. COUNT I - DIVORCE The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Plaintiff requests this Honorable Court enter a decree of divorce. WHEREFORE, Plaintiff, Susan A. Crouse, requests this Honorable Court enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs one (1) through eight (8) are incorporated herein by reference as though set forth in full. 10. The parties have acquired property, both real and personal, during their marriage. 11. The parties have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff, Susan A. Crouse, requests this Honorable Court equitably divide the marital property of the parties. COUNT III - ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as though set forth in full. 13. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel, and the payment of costs. 14. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 15. Plaintiff's income is not sufficient to provide for her reasonable needs and to pay her attorney's fees and the costs of this litigation. 16. Defendant has adequate earnings to provide for Plaintiff's support and to pay her counsel fees, costs, and expenses. WHEREFORE, Plaintiff, Susan A. Crouse, requests this Honorable Court to direct Defendant, Ray W. Crouse, to pay her alimony pendente lite, attorney's fees, and costs. IV - ALIMONY 17. Paragraphs one (1) through sixteen (16) are incorporated herein as though set forth in full. 18. Plaintiff lacks sufficient property to provide for her reasonable needs. 19. Plaintiff is unable to sufficiently support herself through appropriate employment. 20. Defendant has sufficient income and assets to provide continuing support for Plaintiff. WHEREFORE, Plaintiff, Susan A. Crouse, requests this Honorable Court to compel Defendant to pay alimony to Plaintiff. Respectfully submitted: MARIA P. COGNETTI & ASSOCIATES Date: February 5, 2001 By: MARIA P..COGNET"I, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Susan A. Crouse, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Susan A. Crouse DATE: Q7' 01'01 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, certify on this date I did serve the following individual in the following manner with a copy of the within document: Service By First Class Mail To: Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013-3216 MARIA P. COGNETTI & ASSOCIATES Date: dk/ By: MARIA P. COGNET fO ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 4 SUSAN A. CROUSE, Plaintiff V. RAY W. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 00 - 1441 Civil Term IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, RAY W. CROUSE, in the above-captioned case. Date: g113 8140 p By e Adams, Esquire .D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT of i ri ? {1J RAY W. CROUSE, IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CUSTODY SUSAN A. CROUSE, Defendant NO. 1441 CIVIL 2000 AFFIDAVIT OF SERVICE AND NOW, this May 31, 2000, I, Jane Adams, Esquire, hereby certify that on May 31, 2000, a true and correct copy of the PETITION FOR CUSTODY AND VISITATION filed in the above-captioned matter, was served, via certified mail, return receipt requested, addressed to: Harold S. Irwin, III, Esquire Hitner House, Suites 201 and 202 35 East High St. Carlisle, Pa. 17013 Respectfully Submitted: J e Adams, Esquire D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR RAY CROUSE C ® O r77 30 . CA) Complete items 1, P, and 3. Also complete item Olt Aesilio[ad Delivery )s desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?rG31e !-1oa 2. Article Number (Copy Imm service habeO PS Form 9811, Jul ?' A. Received by (Please Print Clearly) B. Date of Delivery C. Signature t n X ? AAA.e- D. Is delivery address different from Item 17 u Ye: If YES, enter delivery address below: ? No S. Service Type Certified Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (bra Fee) ? Yes --102595-99.M-1]89 SUSAN A. CROUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RAY W. CROUSE, Defendant 00-1441 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of September, 2000, this matter having been called on a hearing for an emergency order, and being satisfied that the father poses no threat to his child, the following order is entered: 1. The temporary order of August 20, 2000, is vacated. 2. The case is returned to conciliator. 3. Pending further order of court, the terms of the order of June 14, 2000, shall be followed by the parties with respect to the parents' involvement with the child William. 4. The parties, both mother and father, shall continue their involvement with the services provided by Riegler, Shienvold and Associates, particularly Melinda Eash, psychologist, as recommended by that firm. Harold S. Irwin, Esquire For Plaintiff Taylor P. Andrews, Esquire For Defendant Sheriff n prs S Np? Y 0 %, SUSAN A. CROUSE, Plaintiff vs. RAY W. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1441 CIVIL 2000 CUSTODY AND DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: I. Please withdraw my appearance for Defendant, Ray W. Crouse in in the above-referenced matter. Date: _ 12_,C)49 By: V, 4 J ne Adams, Esquire 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Please enter my appearance for Defendant, Ray W. Crouse in the above- referenced matter. By: Date: 15 - bb T P. Andrews, 7 r Pomfret St. Carlisle, Pa. 17013 (717) 243-0123 I.D. No. l ?; o c ?- ? -„ ?. ? ? _" _> i n ? <'? C ?? -.. ? .. ??'- t'i3 {1?? 3? ? =w :? '? N -q 7 r^? ==i z `- MA P. COGNETU & AssocuTEs Attorneys and Counselors at Law Practice Limited to Matrimonial Law Maria P. Cognetti Attomey at Law *Fellow-American Academy of Matrimonial Lawyers February 9, 2001 E. Robert Flicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE. CROUSE V. CROUSE Our File No. 31 Dear Mr. Elicker: H. Allison Wright Attomey at Law Michaele D. Alcaro Attomey at Law Karen A. Sheriff Paralegal Please be advised that I now represent Susan Crouse with regard to her current domestic situation. I am in receipt of a copy of your letter dated January 17, 2001 addressed to my predecessor, Harold S. Irwin, Esquire. Mrs. Crouse would like to proceed in this matter and in accordance with your procedures I enclose Plaintiffs Discovery Certification. I would ask that you give me approximately 60 days to get the completed responses to my discovery requests from Mr. Crouse's attorney. Should you have any questions, please do not hesitate to contact me. Thank you for your patience in this matter. Very truly yours, Maria P. Co etti MPC/clg Enclosure cc: Susan A. Crouse Taylor P. Andrews, Esquire 210 Grandview Avenue, Suite 102 ? Camp Hill, PA 17011 Telephone (717) 909-4060 a Fax (717) 909-4068 i SUSAN A. CROUSE, Plaintiff VS. RAY W. CROUSE, Defendant TO: Harold S. Irwin Jane Adams DATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 1441 CIVIL IN DIVORCE , Attorney for Plaintiff , Attorney for Defendant Tuesday, September 19, 2000 FEB _ 2R1 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Information on the parties' assets and liabilities are needed, as well as Defendant's current employment and income. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Plaintiff is serving Interrogatories and a Request for Production of Documents on Defendant simultaneously with the filing of this Certification. Therefore, she requests an additional 60 days to complete discovery. " / I k---) - DATE COUNSEL /FOR PVINTIFF (X COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE, MASTER'S nlgrnETTON. HOWEVER IF BOTH COUNSF` O' A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ti 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 Attorneys for Plaintiff SUSAN A. CROUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RAY W. CROUSE, Defendant No. 00-1441 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Susan A. Crouse, the Plaintiff in the above- captioned matter. Date: February 9, 2001 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES MARIA P. IOGNE1 TO ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff SUSAN A. CROUSE, Plaintiff V. RAY W. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1441 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiff, Susan A. Crouse, in the above-captioned matter. Dated: 1/aD/W #aaj?f Maria P. Co etti, E q re Sup. Ct. I.D. #27914 210 Grandview Avenue, Ste. 102 Camp Hill, PA 17011 (717) 909-4060 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Susan A. Crouse, in the above-captioned matter. W Sr ffie, Esquire Ct. I.D.# _? Y) y9 200 North Hanover Street Carlisle, PA 17013 Dated: ? c? 4 Tt Y`? (Tif:: '-? ? ? L? _L - ri_ - i ?= _ _ rr lU ?. ?} ?? _ ? ? ` ` ' C - .- f -.i ? bb ?t JUN 0 5200,V) SUSAN A. CROUSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RAY W. CROUSE, : NO. 2000 -1441 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this _w day of June, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Order of June 14, 2000 shall remain in effect subject to the following modifications: A. Transportation for exchange of custody on Father's temporary custody on alternating weekends shall be handled with the parties sharing transportation and meeting in Hagerstown at a mutually agreed upon location for purposes of exchange of custody on Friday and Sunday. B. Father's weekday visitations shall be on alternating Monday evenings to be the Monday following the weekend Mother has custody of the minor child. The timeframe on Monday evenings shall be 6:30 p.m. to 8:30 p.m. 2. The parties shall meet with the Custody Conciliator again for a Custody Conciliation Conference on Thursday, July 19, 2001 at 8:30 a.m. If counsel for the parties believe a telephone conference would accomplish this Conciliation, legal counsel for the parties may contact the Conciliator and change this Conciliation Conference to a telephone conference call between the two attorneys and the Custody Conciliator. In addition to any other issues that will be addressed at the second Conciliation Conference, the Conciliator will evaluate addition time for Father during the summer months. Mother shall arrange to have a custody evaluation performed by Dr. Arnold Shienvold. This evaluation shall be an independent evaluation with Dr. Shienvold having the ability to share the results of the evaluation with legal counsel for both parties. However, Mother shall incur the costs of this evaluation subject to Mother having the ability to petition this court on a request that Father pay all or a portion of this evaluation once the evaluation is complete. Both parties shall cooperate in this evaluation and insure that the evaluation is completed in a timely fashion. BY THE COUNT, l Edgar B. Bayley cc: Taylor P. Andrews, Esquire ?/? Maria Cognetti, Esquire W r"r m irk J. r v -c' y'am' '? 'tea SUSAN A. CROUSE, Plaintiff v RAY W. CROUSE, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.2000-1441 CIVIL IN CUSTODY 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 child who is the subject of this litigation is as follows: William R. Crouse, born September 25, 1996. 2. A Conciliation Conference was held on May 31, 2001, with the following individuals in attendance: The Mother, Susan A. Crouse, with her counsel, Maria Cognetti, Esquire; and the Father, Ray W. Crouse, with his counsel, Taylor P. Andrews, Esquire. 3. The parties agree to the entry of an order in the form as attached. (.r U( qp? DATE Hubert X. Gilroy squire Custody Con c' 'ator SUSAN A. CROUSE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 00-1441 RAY W. CROUSE, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, to wit, this 2 ) day of guA 2002, it is hereby ORDERED AND DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted, in its entirety, and is incorporated herein as an Order of Court. BY THE COURT: r W )TIIRY 5 4 PENNSYLVANIA 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 Attorneys for Plaintiff SUSAN A. CROUSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, RAY W. CROUSE, Defendant NO. 00-1441 CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this 19µ`day of 416r, 2002, the parties, having been advised of their rights by their respective counsel, and having the best interests of their minor child, William Crouse, born September 25, 1996, in mind, do hereby agree and stipulate as follows: The parties shall have shared legal custody of the child, which shall include, but not be limited to, the mutual sharing of information and decisions with regard to medical care, education, and religious instruction. 2. Plaintiff, Susan A. Crouse, (hereinafter "Mother") shall have primary physical custody of the minor child with partial custody in Ray W. Crouse, (hereinafter "Father") according to the following schedule: a. Alternate weekends beginning on Friday at six o'clock (6:00) p.m. and ending on Sunday at five o'clock (5:00) p.m. b. Alternate Monday evenings, following Mother's weekend, from six-thirty (6:30) p.m. until eight-thirty (8:30) p.m. Beginning September 1, 2002, the time shall change to six (6:00) p.m. until eight (8:00) p.m. If the child would happen to have an activity planned for a Monday evening which would normally be Father's custodial time, Mother shall provide Father with an alternate evening that week for visitation. C. Should Martin Luther King's Day, President's Day or Colombus Day fall on a Monday adjacent to Father's custodial weekend, Father's custodial weekend shall be extended until Monday at five o'clock (5:00) p.m. d. Easter, Memorial Day, Labor Day and Thanksgiving shall be alternated between the parties. The custodial period for Easter, Memorial Day and Labor Day shall run from Friday at six o'clock (6:00) p.m. until Monday at five o'clock (5:00) p.m. The Thanksgiving holiday shall be defined as six o'clock (6:00) p.m. on the evening school ends until five o'clock (5:00) p.m. the day before school resumes. Father shall have Memorial Day and Thanksgiving holiday during odd numbered years and Easter and Labor Day during even numbered years. Mother shall have Memorial Day and Thanksgiving holiday during even numbered years and Easter and Labor Day during odd numbered years. e. The Christmas holiday shall be divided into two (2) segments. Segment A shall be defined as six o'clock (6:00) p.m. on the evening school ends until December 26th at noon. Segment B shall be defined as December 26' at noon until five o'clock (5:00) p.m. the day before school resumes. Father shall have custody of William for Segment A in even numbered years and Segment B in odd numbered years. Mother shall have custody of William during Segment A in odd numbered years and Segment B in even numbered years. f. Father shall have custody of William for Father's Day and Mother shall have custody of William for Mother's Day. Each holiday shall be defined as six o'clock (6:00) p.rn. the Friday before the holiday until five o'clock (5:00) p.m. the day of the holiday. If the party having custody the weekend of the holiday also has custody the weekend preceding the holiday, then, the party not having custody on the holiday should have custody the weekend following the holiday. The normal alternating weekend schedule shall resume the second weekend following the holiday. g. During the summer months, the parties shall alternate custody on a two- week (2) basis. The two-week (2) period shall begin at six o'clock (6:00) p.m. on the first Friday following the close of school and end the last Friday prior to the start of school. During the summer months, Father's weekends and Monday visits shall be suspended. Father shall be entitled to the first two-week (2) period in even numbered years. Mother shall be entitled to the first two-week (2) period in odd numbered years. At the conclusion of summer, the alternating weekend schedule shall resume with the party who did not have custody during the last two-week period. The parties agree that if it is determined that William is having difficulty with the two- week (2) custodial schedule, that they will reduce the alternating periods to one-week (1). The parties agree that William shall continue his counseling until such time as the parties agree the counseling shall end. The frequency and length of each counseling session shall be at the discretion of the counselor, but the counseling shall occur at least one time each three (3) months. 4. While in the presence of the child, neither party shall make, nor permit any other person to make, to the extent possible, any remarks or do anything which could, in any way, be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child shall respect and love. The parties agree that the non-custodial parent shall be entitled to reasonable telephone contact with William on an every other day basis during their non-custodial periods. 6. The parties agree that transportation shall be shared by them in the following manner: a. For weekend exchanges, and for Friday exchanges during the summer, the parties agree to meet in Gettysburg to facilitate the exchange. b. Monday evening exchanges shall occur at Mother's residence. If either parry moves more than twenty (20) miles from their current residence, the parties agree to discuss alternate transportation arrangements. Father shall enter into individual counseling with a therapist of his choosing in accordance with the recommendations of Dr. Shienvold. The frequency and duration of said counseling sessions shall be at the direction of the counselor. 8. The parties acknowledge that this Stipulation is not the result of any duress or undue inft?wnce in that this Stipulation is being entered into freely and voluntarily after having received legal advice from their respective counsel. 9. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, the Stipulation shall have the same full force and effect as if the matter had been tried and decided. 10. This Stipulation and Order of Court shall replace and supersede any existing custody agreements between the parties. 11. This Stipulation and Order of Court shall remain in full force and effect until further Order of Court and/or amended Agreement in writing between the parties. 12. The parties hereby waive their rights to present this Agreement in open Court or to have their case heard by the court at this time. W. USE SUSAN A. CROUSE SUSAN A. CROUSE, Plaintiff V. RAY W. CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 00-1441 CIVIL TERM IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of SUSAN ALLISON TOMS. USAN ALLISON CROUSE SUSAN ALLISON TOMS COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF C uoAb CrI a On this L& day of AQr ; , 2007before me, the undersigned officer, personally appeared Susan Allison Crouse, now known as Susan Allison Toms, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. E NOTARIAL SEAL TIFANY I FIRDS Notary Pubue C MW 80WXVN. cwApw& N0 ? Nov 3. ?Ot ?' ? n.a ? _ ; o -:, _ ? ? ?' ? c ? ?- ??== ? ?: v?? ?i of A ? ?, -c ?? ? ? ?1 ? ,?,v.,._,x..?,.,... _,.. ._,e,.._ ..",.. . __ .. SUSAN A. TOMS, formerly SUSAN A. CROUSE Plaintiff VS. RAY W. CROUSE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 00-1441 IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff/Respondent is Susan A. Toms, formerly Susan A. Crouse, an adult individual residing at 2 Darrin Avenue, Newburg, Cumberland County, PA 17240 2. The Defendant/Petitioner is Ray W. Crouse, an adult individual residing at 9 Teague Lane, Martinsburg, WV 25404. 3. Defendant seeks custody of the following child: NAME RESIDENCE William Ray Crouse, 2 Darrin Avenue, Newburg, PA 17240 The child was not born out of wedlock. DOB AGE 9/25/1996 12 yrs 10 mths Since 2002, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Susan A. Toms 2 Darrin Ave, Newburg, PA approx Aug 05 - present & Elaine Toms Susan-A. Toms Piccadilly Ct, Linglestown, PA approx 2004 - 2005 Boiling Springs, PA approx 2002-2004 Ray Crouse (partial custody) 9 Teague Lane, Martinsburg, WV 25404 Jul 2007 - present 880 Monet Dr, Hagerstown, MD 21740 June 2006 - July 2007 Ray Crouse, (partial custody) Margo Thomas, 6616 Gooseander Ct, Frederick, MD 21703 Apr 2004 - June 2006 Brielle Thomas, & Ashley Gilbert The mother of the child is Susan A. Toms, formerly Susan A. Crouse, who currently has an address at 2 Darrin Avenue, Newburg, PA 17240. She is unmarried. The father of the child is Ray W. Crouse who currently resides at 9 Teague Lane, Martinsburg, WV 25404. He is unmarried. 5. Defendant has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the children in this or another court other than the action at this docket. 6. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. At this point in time Father is better able to provide for the needs of William Crouse. B. William Crouse now prefers to live with his father, the Petitioner, and his preference is based upon valid reasoning. C. There is recurrent conflict between William Crouse and his maternal grandmother, Elaine Toms, and this conflict has included Elaine Toms striking William Crouse, and William Crouse running away from home to escape the unhappiness. D. Father questions the medication [Abilify] that has now been prescribed for William Crouse due to the dystonic side effects of the medication, and Mother is insensitive to this very serious concern. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Defendant requests the Court to grant shared legal custody of child to Defendant. Respectfully submitted, ANDREWS & JOHNSON By: to P. Andrews, Esq. rney for Defendant 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DATE: 3 d L w - C/4?? Ray W6rr-ouse, aintiff SUSAN A. TOMS, formerly : IN THE COURT OF COMMON PLEAS OF SUSAN A. CROUSE : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO: 00-1441 RAY W. CROUSE Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, August 10, 2009, I mailed a copy of Complaint for Custody to the following person at the following address by U. S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Susan A. Thomas 2 Darrin Avenue Newburg, PA 17240 I verify that the statements made in the foregoing Certificate of Service 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. ANDREWS & JOHNSON By: T Ior . Andrews, Esq. A eys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 U 7 r, . ''J + v rI t i f 7D, cx? cd,?? eK='f ate/ ,P-Zjwi - .2-2po18 SUSAN A. TOMS (FORMALLY SUSAN A. IN THE COURT OF COMMON PLEAS OF CROUSE) PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RAY W. CROUSE DEFENDANT 2000-1441 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 13, 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 Thursday, September 24, 2009 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. Gilroy, Es q. 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 -OlriCE 4r THE PROTHWTARY 281 ALIG IS PH 3* 21 44.41D COL 'gr -ov- /cp! .,4(e SUSAN A. TOMS, formerly SUSAN A. CROUSE Plaintiff VS. RAY W. CROUSE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 00-1441 : IN CUSTODY MOTION TO WITHDRAW CUSTODY COMPLAINT Ray W. Crouse, by his attorney, Taylor P. Andrews, Esquire, respectfully represents: 1. On August 10, 2009 Ray W. Crouse filed a Custody Complaint in the above captioned action to change custody of his son. 2. A conciliation conference on the above referenced Complaint has been scheduled for September 24, 2009 at 8:30 a.m. The Conciliator is Hubert X. Gilroy, Esquire. 3. The child's mother, Susan A. Toms, has been served and is not represented by counsel. 4. Ray W. Crouse and Susan A. Toms have reached an Agreement to keep the custody Order as it currently exists and Ray W. Crouse has agreed to withdraw the Complaint to change custody that was recently filed. 5. Susan A. Toms concurs with this relief as per attached email. 6. Ray W. Crouse seeks leave of Court to withdraw his custody complaint. Wherefore, Petitioner requests your Honorable Court to grant leave to Ray W. Crouse to withdraw the custody complaint that he recently filed in the Common Pleas to change custody of his son. Respectfully submitted, ANDREWS & JOHNSON By: r P. Afidrews, Esq.- Attorney for Defendant 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 Taylor Andrews From: Elaine C toms [stomsl@embarqmail.com] Sent: Wednesday, September 16, 2009 10:56 PM To: raywsunshine@aim.com Cc: tpandrews@pa.net Subject: Re: Custody Complaint I have no objections to the withdrawal of the custody complaint scheduled for a conciliatory meeting on September 24. Susan A. Toms 9/16/09 ----- Original Message ----- From: raywsunshine@aim.com To: stomsl@embargmail.com Sent: Wednesday, September 16, 2009 7:12:34 AM GMT -08:00 US/Canada Pacific Subject: Re: Custody Complaint Susan I didn't see a response and I'd suggest you state in the reply that you agree with withdrawing the custody complaint. Mr. Andrews needs this as soon as possible to be able to withdraw the complaint. Ray -----Original Message----- From: Elaine C toms <stoms 1 @embarqmail.com> To: raywsunshine@aim.com Cc: sacrou@innernet.net; tpandrews@pa.net Sent: Wed, Sep 16, 2009 6:43 am Subject: Re: Custody Complaint ----- Original Message ----- From: raywsunshineAaim.com To: sacrouginnemet.net, stomslkembargmail.com, tpandrewskpa.net Sent: Tuesday, September 15, 2009 12:05:11 PM GMT -08:00 US/Canada Pacific Subject: Custody Complaint Susan, I have requested that the custody complaint be withdrawn. The court needs your confirmation that you do not object to withdrawing the custody complaint. Reply all to this message and confirm you do not object as I have copied my attorney Taylor Andrews. Ray SUSAN A. TOMS, formerly : IN THE COURT OF COMMON PLEAS OF SUSAN A. CROUSE : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO: 00-1441 RAY W. CROUSE Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, '27 2009, I mailed a copy of Motion to Withdraw Custody Complaint to the following person at the following address by U.S. Mail, delivered to addressee only: Susan A. Toms 2 Darrin Avenue Newburg, PA 17240 I verify that the statements made in the foregoing Certificate of Service 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. ANDREWS & JOHNSON By: Yy P. Andrews, Esq. *ftomeys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 FRLED- ?t -:- = "E Ji H= 2009 SEE 22 AN S,". 2 L4 SEP 2 2 2009, SUSAN A. TOMS IN THE COURT OF COMMON PLEAS OF formerly SUSAN A. CROUSE), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW RAY W. CROUSE, NO. 2000-1441 Defendant IN CUSTODY ORDER AND NOW, this ;DIJ day of September, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ?? K&, Hubert X. oy, Esquire Custody Conciliator F LEi }-?' Asa ,, 2[99SrP 23 P 2 .22 SEP 2 3 2009 SUSAN A. TOMS, formerly : IN THE COURT OF COMMON PLEAS OF SUSAN A. CROUSE : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO: 00-1441 RAY W. CROUSE Defendant IN CUSTODY ORDER OF COURT AND NOW, t , 2009 in consideration of the attached Motion and the concurrence of the Mother, Susan A. Toms, leave is hereby granted to Ray W. Crouse to withdraw the Custody Complaint that was recently filed at the BY By: cc: ?ylor P. Andrews, Esquire ? S an A. Toms, pro se Hubert X. Gilroy, Conciliator ?D "J 1 ES M.a1 l <?Q.. 4?a3?a? FILED-' 7Hr 2039 SE P 23 PH 3: it 2 SUSAN A. TOMS, formerly SUSAN A. CROUSE Plaintiff vs. RAY W. CROUSE Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 00-1441 IN CUSTODY PRAECIPE Please withdraw the Complaint to change custody recently filed by Defendant, Ray W. Crouse, in the above captioned custody action. Respectfully submitted, ANDREWS & J Tay?And6ws, Esquire Attey for the Defendant 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 cc: Susan A. Toms, Plaintiff, pro se )F THE ' TARC 2009 SEP 2 9 Ad lip: 3