HomeMy WebLinkAbout00-01446
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
BARBARA LYNN CHAPPELL,
Plaintiff
VERSUS
CRAIG ROBERT CHAPPELL,
Defendant
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PENNA.
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No.
00-1446 CIVIL TERM
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DECREE IN
DIVORCE
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AND NOW,
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, 2..602, IT IS ORDERED AND
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OECREED THAT
Barbara Lynn Chappell
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, PLAINTIFF,
AND
Craig Robert Chappell
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; None
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The attached Property Settlement Aqreement dated September 23, 2002 is
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hereby incorporated, but not merged, into this Decree in Divorce.
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PROTHONOTARY .
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*Tx Result Report* No.1
PRINT DATE APR. 11. 2003
PRINT TIME = 12:43
TX RESULT REPORT
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'TION No. DESTINATION STATION DATE TIME PAGE COMM. TIME MODE RESULT
1 95337771 APR. 11 12,42 1 OHOO' 27" STD ECM OK
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this fIJ/t Ii day of -.J fJU./PIiJtlJ ,2002, by and
between CRAIG ROBERT CHAPPELL, hereinafter called "Husband", and BARBARA LYNN
CHAPPELL, hereinafter called "Wife".
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WITNESSETH: -c 0:; g
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WHEREAS, Husband and Wife were legally married on July 18, 1996; ~ ,; u;
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WHEREAS, one child was born of this marriage, Chase Robert Chappell, bo~ril 't.:i2
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1998; 5" C:: ::-
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WHEREAS, differences have arisen between Husband and Wife in consequence a- wlOOh
they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and obligatiollS.
NOW THEREFORE, in consideration of the premises and covenants contained herein, it is
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agreed by and between the parties hereto that:
1. SEPARATION.
It shall be lawful for each party at all times hereafter to live separate and apart from each
other at such place as he or she from time to time shall choose or deem fit. The foregoing provision
shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of
the causes leading to their living apart.
2. INTERFERENCES.
Each party shall be free from interference, authority and control by the other, as fully as if
he or she were single and unmarried, except as may be necessary to carry out the provisiollS of this
Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way
harass or malign the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other. Each of the parties hereto completely understands and agrees that neither shall
do or say anything to the child of the parties at any time which might in any way influence the child
adversely against the other party.
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3. DIVISION OF PERSONAL PROPERTY.
The parties have divided between them to their mutual satisfaction, personal effects,
household goods and furnishings and all other articles of personal property which have heretofore
been used in common by them, and neither party will make any claim to any such items which are
now in the possession or under the control of the other. Should it become necessary, each party
agrees to sign any title or documents necessary to give effect to this paragraph, upon request.
4. CUSTODY AND VISITATION.
The parties, pursuant to an Order of Court dated April 5, 2000, equally share legal and
physical custody of their minor child, Chase Robert Chappell, bom April 4, 1998. Said Order is
indexed to No. 00-1446 Civil Term in the Court of Common Pleas, Cumberland County,
Pennsylvania.
5 SUPPORT.
Currently there is a Support Order of the Court of Common Pleas, Cumberland County,
Pennsylvania, indexed to no. 00162 S 2000, PACSES No. 137102030. Wife agrees that she will
discontinue the existing wage attachment and Husband will institute a direct deposit from his bank
account to SCDU for the amount of his Support Order on a bi-weekly basis. The said direct deposit
shall be in effect immediately following the termination of the wage attachment.
Wife agrees at tlle time of the execution of this Agreement, to direct a letter to Domestic
Relations requesting a discontinuance of the wage attachment and canceling any and all arrearages
as of September 18, 2002. In the event, after the discontinuance of the wage attachment, Husband
fails to institute the direct deposit or, in the alternative, timely payments are not made on the Order
via the direct deposit, Wife shall have the right to immediately reinstitute the wage attachment in
this matter.
6. MEDICAL COVERAGE.
Wife provides medical insurance for the parties' minor child. The parties shall share
equally any medical bills not covered by insurance on an equal basis. Medical bills shall include,
medical, dental, eye, prescription and orthodontic expenses.
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7. COLLEGE EDUCATION.
Husband and Wife agree that they will share equally the college education expenses for
their son, Chase Robert Chappell after deducting all grants, loans or scholarships available.
8 FEDERAL INCOME TAX EXEMPTIONS.
Wife has used the income tax exemption for the parties' minor child for the last three tax
years, specifically, 1999,2000 and 2001. Husband shall be entitled to claim the child on his
Federal income tax return for the tax years 2002, 2003 and 2004. Wife shall be entitled to the
exemption in 2005. with the parties alternating years thereafter (Husband 2006, etc.) so long as the
child continues to be eligible to be claimed as an exemption. This exemption arrangement shall
continue so long as the parties equally share custody of the minor child.
9. CONFIDENTIALITY.
Wife agrees that she will not disclose any details, provide a copy of or discuss the contents
of this Agreement with either Doreen Appel or Pamela Dye. In the event of Wife' s disclosure of
the contents ofthis Agreement to either individual, Husband shall have recourse through civil
litigation including claims actual or punitive damages.
10. MARITAL DEBTS.
Husband has assumed responsibility for the obligations set forth below, has paid them in
full and indemnifies and holds Wife hannless on same.
A. Loan from Patricia Chappell, July 25, 1996, $33,958.83;
B. Loan to pay Phillip's Office Supply, October 18, 1998, $651.00;
C. Loan to pay Woody's Workout, March 13, 1999, $469.00;
D. P A State Employees Credit Union Visa, $7,206.36;
E. PA State Employees Credit Union Personal Service Loan, $2,505.58;
F. Capital One Master Card, January 15, 2000, $453.89;
G. Health America, $970.30;
H. PP&L, February 9, 2000, $98.23;
1. Bell Atlantic Local Service, January 19, 2000, $193.51;
J. Bell Atlantic Long Distance Service, January 21, 2000, $70.03;
K. Suburban Cable, January 27, 2000, $9.07;
L. Sunoco, January 13,2000, $99.81; and
M. PNC Motorcycle Loan, December 22, 1999, $3,993.68.
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A Jeep Cherokee owned by the parties during the course of the marriage was repossessed by
Chrysler Credit Corporation. Each of the parties paid one-half (1/2) of the amount due to Chrysler
Credit and the obligation due to Chrysler Credit was satisfied in full by the creditor.
11. EOUlTABLE DlSTRIBUTIONfREIMBURSEMENT.
Wife agrees to pay to Husband in the form of equitable reimbursement, the sum of
$25,000.00 which shall be deposited in the escrow account of John J. Connelly, Jr., Esquire,
counsel for Husband, at the time Wife executes this Agreement. The said amount shall be held in
escrow pending Husband's execution of this Agreement at which time the monies shall be released
to Husband.
12. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS.
The parties hereby agree and express their intent that any transfer of property pursuant to
this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of
property between spouses and former spouses. The parties agree to sign and cause to be filed any
elections or other documents required by the Intemal Revenue Service to render the Act applicable
to the transfers set forth in this Agreement without recognition of gain on such transfer and subject
to the carry-over basis provisions of the said Act.
13. BREACH.
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her election, to sue for damages for such breach. The party breaching this contract shall be
responsible for the payment oflegal fees and costs incurred by the other in enforcing his or her
rights under tins Agreement, or seeking such other remedy or relief as may be available to him or
her.
14. FULL DISCLOSURE.
Husband and Wife each represent and warrant to the other that he or she has made a full and
complete disclosure to the other of all assets and liabilities of any nature whatsoever, and of all
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other facts relating
to the subject matter of this Agreement to which such party may reasonably require to make an
informed decision regarding this Agreement.
15. ADDITIONAL INSTRUMENT.
Each of the parties shall on demand execute and deliver to the other any documents
necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party
fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees,
costs and other expenses reasonably incurred as a result of such failure.
16. WIFE'S DEBTS.
Wife represents and warrants to Husband that since the parties' separation she has not and in
the future she will not contract or incur any debt or liability for which Husband or his estate might
be responsible and Wife shall indemnify and save Husband harmless from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
17. HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since the parties' separation he has not and in
the future he will not contract or incur any debt or liability for which Wife or her estate might be
responsible and Husband shall indemnify and save Wife harmless from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
18. WAIVERS OF CLAIMS AGAINST ESTATES.
Except as herein otherwise provided, each party may dispose of his or her property in any
way, and each party hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the
estate of the other as a result of the marital relationship, including without limitation, dower, curtsy,
statutory allowance, widow's allowance, right to take in intestacy, right to talce against the Will of
the other, and right to act as administrator or executor of the other's estate, and each will, to the
request of the other, execute, acknowledge, and deliver any and all instruments which may be
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necessary or advisable to carry into effect this mutual waiver and relinquishment of all such
interests, rights and claims.
19. REPRESENTATION.
It is recognized by the parties hereto that Husband is represented by John 1. Connelly, Jr.,
Esquire, and Wife is unrepresented by counsel and has the right to have this Agreement reviewed
by counsel of her choosing prior to signing the Agreement. It is fully understood and agreed that
by the signing of this Agreement, each party understands the legal impact of this Agreement and
further acknowledges that the Agreement is fair and reasonable and each party intends to be legally
bound by the terms hereof.
20. VOLUNTARY EXECUTION.
The provisions of this Agreement are fully understood by both parties and each party
acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and
that it is not the result of any duress or undue influence.
21. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
22. PRIOR AGREEMENT.
It is understood and agreed that any and all property settlement agreements which mayor
have been executed prior to the date and time of this Agreement are null and void and of no effect.
23. MODIFICATION AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effective only if
made in writing and executed with the same formality as 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.
24. GOVERNING LAW.
This Agreement shall be governed by and shall be construed in accordance with the laws of
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the Commonwealth of Pennsylvania.
25. INDEPENDENT SRP AM TE COVENANTS.
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent covenant and agreement.
26. VOID CLAUSES.
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.
27. ENTRY AS PART OF DECREE.
It is the intention ofthe parties that tins Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no order, judgment or decree of divorce,
temporary, [mal or permanent, shall affect or modify the financial terms oftlns Agreement. . This
Agreement shall be made apart of, but shall not merge with, any such judgment or decree of final
divorce.
28. DIVORCE ACTION.
The parties shall, at the time of the execution of tile Agreement, execute documents
necessary to finalize tile divorce action including, but not linnted to, the witildrawal of any claims
pending under said action, indexed to number 00-1446 Civil Tenn, in the Court of Common Pleas,
Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling
and Waivers of Notice ofIntention to Request Entry of a Divorce Decree;
29. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF
PENNSYLVANIA.
Except as specifically provided in this Agreement, each party waives any claim they may
have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania
including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable
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distribution of marital property.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
hereunto set their hands and seals the day and year first above written.
WITNESS:
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B bara L. Chappell
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
On this, theJqM day of ~ /ikJJe Jc) ,2002, before me, a Notary Public,
personally appeared Craig R. Chappell, known to me to be the person whose name is subscribed to
the within Property Settlement Agreement and aclmowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I herew1to set my hand and official seal.
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NOTAR PUB IC
NOTARIAL SEAL
Jean L. Kosier, Notary Public
City of Hummelstown,County of Dauphin
My Commission Expires Feb. 9, 2004
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF ~
ss.
On this, the jqn.. day of ~ 0 ,2002, before me, a Notary Public,
personally appeared Barbara L. Chappell, known to me to be the person whose name is subscribed
to the within Property Settlement Agreement and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I herew1to set my hand and official seal.
NOtARIAL SEAL
Jilill'\ L. Kosier, Notary Public
City of Hummelstown,County 01 Dauphin
My Commission Exp!res Feb. 9, 2004
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BARBARA LYNN CHAPPELL,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 ClVIL TERM
CRAIG ROBERT CHAPPELL,
DEFENDANT
: ClVIL ACTION - LAW
: IN DlVORCE
PRAECIPE TO TRANSMIT RECORD
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 Section (XX) 3301(c) ()
3301(d) of the Divorce Code.
2. Date and manner of service ofthe Complaint: March 16,2000 by Acceptance of
Service.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent and Waiver of Counseling
required by Section 3301(c) of the Divorce Code: by Plaintiff: September 19,2002 Defendant:
September 23, 2002.
(b) (I) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the Defendant:
4. Related claims pending: All claims of record have been settled pursuant to a Property
Settlement Agreement dated September 23, 2002.
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5. Date and manner of service of Notice of Intention to file Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be entered under Section 330l(d)
of the Divorce Code:
or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree
under Section 330l(c) of the Divorce Code: by Plaintiff: September 19,2002; by Defendant:
September 23, 2002.
and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce
Decree: Both Waivers are being filed simultaneously with this Praecipe.
Date: 10-/0 -OJ...
JAMES, SMITH, DURKIN & CONNELLY LLP
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
lit" . .
NO. DO' ,'I Civil Term
BARBARA LYNN CHAPPELL,
Plaintiff
CRAIG ROBERT CHAPPELL,
Defendant
Civil 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 claim of 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 grounds for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage counselors is
available at the Cumberland County Bar Association, 2 Liberty Avenue, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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
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BARBARA LYNN CHAPPELL,
Pia i ntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO./YII.I4'1t. Civil Term
CRAIG ROBERT CHAPPELL,
Defendant
Civil Action - In Divorce
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
You have been named as the Defendant in a divorce proceeding filed in the
Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise
you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may
request that the Court require you and your spouse to attend marriage counseling prior to
a Divorce Decree being handed down by the Court. A list of professional marriage
counselors is available at the Office of the Prothonotary, Cumberland County Courthouse,
Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from the list. All necessary arrangements and
the cost of counseling services are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for
counseling within twenty (20) days of the date on which you receive this Notice. Failure to
do so will constitute a waiver of your right to request counseling.
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BARBARA LYNN CHAPPELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00, / <('It,. Civil Term
CRAIG ROBERT CHAPPELL,
Defendant
Civil Action - In Divorce
COMPLAINT
COUNT 1- Divorce 23 Pa.C.S.A. ~3301(c)
1. Plaintiff Barbara Lynn Chappell, is an adult individual residing at 521 Benton
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant Craig Robert Chappell, is an adult individual residing at 9 Ronald
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6)
months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 18, 1996, in Orlando, Florida.
5. The marriage produced one minor son, Chase Robert, born April 4, 1998.
6. There have been no prior actions of divorce between the parties in this or
any other jurisdiction.
7. The Defendant is not a member of the Armed Services of the United States
of America.
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8. The Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the Court require the parties to participate in
counseling.
9. The Plaintiff hereby avers that the marriage is irretrievably broken.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court enter
a Decree of Divorce.
COUNT II - Equitable Division, Distribution and Assignment of
Marital Property Pursuant to 23 Pa. C.S.A. ~3501 et. seq.
10. The averments of paragraphs 1 through 9 are incorporated by reference as
if set forth more fully herein.
11. The parties are the owners of various items of both real and personal
property which qualify as marital property as defined in Section 3501 of the Divorce Code.
12. Pursuant to 23 Pa. C.S.A. 93501 et. seq., said marital property is subject to
equitable division, distribution, and assignment by the Court.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court
equitably divide, distribute and assign all marital property of the parties.
COUNT III - Claim for Alimony and Support Pursuant to 23 Pa. C.S.A. fi3701 et. seq.
13. The averments of paragraphs 1 through 12 are incorporated by reference
. as if set forth more fully herein.
14. Plaintiff is unable to support herself through appropriate employment.
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15. Plaintiff lacks sufficient property and/or income to provide for her
reasonable needs.
16. Plaintiff requires reasonable alimony adequate to maintain herself in
accordance with the standard established during the marriage.
17. Defendant is financially able to provide for the reasonable needs of the
Plaintiff.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
enter an Order directing the Defendant to pay reasonable alimony to Plaintiff, and any
further relief this Court deems just and equitable.
COUNT IV - Claim for Alimony Pendente Lite, Counsel Fees, and Expenses
Pursuant to 23 Pa. C.S.A. ~3702
18. The averments of paragraphs 1 through 17 are incorporated by reference
as if set forth more fully herein.
19. Plaintiff does not have sufficient funds to support herself and pay the
counsel fees and expenses incidental to this action.
20. Defendant is fully able to pay Plaintiff alimony pendente lite, counsel fees
and expenses incidental to this divorce action.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
enter an Order directing Defendant to pay alimony pendente lite, reasonable counsel fees
and expenses to this divorce action, as well as any further relief this Court deems just and
equitable.
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COUNT V - Claim for Custody of the Minor Child
21. The averments of paragraphs 1 through 20 are incorporated by reference
as if set forth more fully herein.
22. The Plaintiff and Defendant are the parents of one minor child, Chase
Robert, born April 4, 1998.
23. The minor child was not born out of wedlock.
24. No outstanding order of custody currently exists.
25. The parents currently share physical custody of the child.
26. The mother of the minor child is Barbara Lynn Chappell and the father of
the minor child is Craig Robert Chappell; and there are no other parties in interest in this
custody action.
27. Since his birth, the minor child has resided with both mother and father at 9
Ronald Road, Mechanicsburg, Pennsylvania, but since January 28, 2000, the minor child
has resided solely with mother at 521 Benton Road, Mechanicsburg, Pennsylvania.
28. The Plaintiff/Mother asks for custody of the minor child, Chase, in the belief
that she is the party best able to care for the minor child and that it would be in the best
interest of the child.
29. To the best of Plaintiff's knowledge no other action for custody, support or
visitation has been filed with this or any other Court of the Commonwealth regarding the
minor child.
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court
enter an award of temporary custody to her until a final hearing on the matter is held and,
thereafter, to enter a final order for custody in the name of the Plaintiff.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
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John R. Ii nstermacher
Supreme Court I.D. #29940
David A. Jones, II
Supreme Court 1.0. #82153
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
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DATED: March/' 2000
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VERIFICATION
I, Barbara Lynn Chappell, have read the foregoing Complaint and hereby
certify that the facts set forth are true and correct to the best of my knowledge,
information and belief. This statement is made subject to the penalties of 18 Pa. Const.
Stat. Ann. 94904 relating to unsworn falsification to authorities.
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DATED:
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PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Craig Robert Chappell, Defendant in the above-captioned action, accept service of the
Complaint in Divorce.
Date: 1)3 -/I.P -00
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
March 13,2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service ofthe Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of Intention
to request entry ofthe Decree.
4. 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. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. 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 by the
Court.
I verilY 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.A. Section 4904, relating to
unsworn falsification to authorities.
Date: 09-/1-0;A
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 00-1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
Defendant
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REODEST 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! 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.A. Section 4904, relating to
unsworn falsification to authorities.
Date: OCf-/9- DcA
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BARBARA LYNN CHAPPELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301 ( c) of the Divorce Code was filed on
March 13,2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service of 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.
4. I have been advised ofthe availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of malTiage counselors in the Prothonotary's Office,
which list is available to me upon request. 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 by the
Court.
I verify that the statements made in this Affidavit are true and COlTect. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: 09 - r9>a-{)~
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BARBARA LYNN CHAPPELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO. 00-1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
I. 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! 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.A. Section 4904, relating to
unsworn falsification to authorities.
Date: {)f! - iJl tr () '^
(j~~ (1~ e'/
Craig R ert Chappell, fendant
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FROM : Tke Goddard Sekool
PHONE NO. : 717 766 6337
Ma~. 01 2002 10:28AM Pi
Th~9 ~dd~d School. Mechanicsburg
Ritter RQ8. lcsburg, 717) 766-7680
Cash R~eipt
April 30, :2002
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Barbara Chappell or Craig Chappell
591-6 Geneva Dr.
MechaJ;ajgsburg. P A. 17055
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413012002
413OJ2(J02
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DEFENDANT'S
EXHIBIT
tH. O:?J peB
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]AMEs SMrrn DuRKIN & CONNELLY UP
L .~ \\' (1 I' I I C L S
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.lohn .1. Connelly, ,Ir.
jjcjr@jsdlegaJ.com
JS.}(
134 SIPE AVEhJUE
HUMtvlELSTOWN. PA
17036
January27,2003
MA]LlI~G ADDRESS:
P,O. BOX 650
HERSHEY, PA 17033
TEL. 717.533.3280
FP..)~ 717.533.279E.
11',JFQ@JSDLEGAL.COh"
WWW.JSDC.COM
VIA FACSIMILE (717) 732-8414
Julia M. Kelly
Capital Area Intermediate Unit
55 Miller Street
P.O. Box 489
Summerdale, P A 17093
Re: Chase R. Chappell
GARY L. JAMES
MAX J, SMITH, JR
KAREN DURKIN
JOHN J. CONNelLY, JR.
SCOTT A. DIETTERICK
JAMES F. SPADE
GREGORY K. RICHARDS
SUSAN M. KADEL
JARAO W. HANDELMAN
DONNA M. MULLIN
EDWARD P. SEEBER
NEIL W. YAHN
BERNARD A. RYAN, JR.
COURTNEY L. KISHEL
KIMBERLY A. DEWm
Dear Ms. Kelly:
Please be advised that this office represents Craig R. Chappell regarding the
custody of Chase R. Chappell.
I am enclosing a copy of a Petition filed with Cumberland County Court. Judge
OIer has scheduled a hearing for April 9, 2003 at 1 :30 p.m. to determine the location of
Chase's school for the fall of2003.
OF COUNSEL:
MANLEY & DEAS, LLC
COLUMBUS, OH
It is my understanding you have scheduled a meeting at the Intermediate Unit on
February 10, 2003 at 11:40 a.m. involving the parents, a representative of the
Intermediate Unit and the Susquehanna Township School District. Given the fact that the
Court has not yet ruled on where the child will attend school, and further given the fact
that these parties share legal custody, Barbara Chappell had no right to determine that the
Susquehanna Township School District would be the school district involved in this
meeting.
We have two options at this juncture. Schedule a meeting with each of the
respective school districts (Cumberland Value and Susquehanna Township) or cancel the
currently scheduled meeting until Judge Oler rules on this matter.
As I am sure you are aware, a maj or decision of this type must be agreed upon by
both parties before any further steps can be taken since the share legal custody provisions
of the current Order do not vest that right in Barbara Chappell alone.
DEFENDANT'S
EXHIBIT
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January 27, 2003
Page 2 of2
I will be following up this correspondence with a telephone call to you to discuss
the options raised in this correspondence.
Very tmly yours,
,--- ,-
JJC/jlk
cc:: Craig R. Chappell
Barbara L. Chappell
Enclosure
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PRESCHOOL PROGRAM
MEMO
Re: r:h..e Chappe.1l
To: Barbma Chappell
Crllig ClllIppell
Cinciy Wolfe, Pre~clLool Sup<::t'Vi30!
Li$l\ McCarty, Sp&L
Ilarb3l:a Kline, OT
Joyce SheUem, Fiml. R:souroes
SUSlUl Curly, Director BIool(o.l~e Montessori
.. --AilIi-1';m""liiiiil,a;: InUlsitlonT)bOT~illlltbr'
(irorge K\ll'ie, Psychologist
BoDDie Conrad, Preschool EP?
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From: Julia :e::..lly, lncl1lSion
Dme: fe~ 3, 7,003
The soheduled tramltlon meeti%lg for Chase Chnppell ill cllI1Oel1ed.
Although efforts were being made to have a joint >:nee1l:ng with the 'tWO school distriOl8 to swe
illio=tion. it etelllS best at this point to wait until the pcrent:s reaoh a conelmrion .,bOll1 sohool
distri.ct registration. I UDdel'Stand that a. hea.dng III CwnberbmU Cuunty Co\ll:l is scheduled for
Aptil of this year.
A sharillgOfiufoIItwliun with >l. .chool district about Chase's strengtbB, needs and progre$s will
occur duril)g the next round ofTrll.llSition mccling~; these ere held in May.
Each pm'elll will'continue to'be hU'ormed. ..bout Chase's "eduClltioI1D.l progJ:eSs vin tile IEP process.
A progress ""l"'rtwlll soon he /lveil.bk.
DEFENDANT'S
EXHIBIT
4.Q'03
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BARBARA LYNN CHAPPELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO WITHDRAW CLAIMS
TO THE PROTHONOTARY:
Please withdraw the claims for Equitable Distribution, Alimony and Support,
Alimony Pendente Lite, Counsel Fees and Expenses in the above-captioned divorce action.
JAMES, SMITH, DURKIN & CONNELLY LLP
Date:
f1/lq/o~
. I
By:
B bara Lynn Chapp
Pro Se
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BARBARA LYNN CHAPPELL,
. Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant
Civil Action - In Divorce
ORDER OF COURT
AND NOW, this _ ~tL day of ~, 2000, the Plaintiff, Barbara Lynn
Chappell, by and through her attorneys, Fenstermacher and Associates, P.C., and the
Defendant, Craig Robert Chappell, by and through his attorneys, James, Smith, Durkin
& Connelly LLP, agree as follows:
1. The Plaintiff, Barbara Lynn Chappell, filed a Petition for Emergency Relief
on April 4, 2000 relating to custody of the parties' minor child, Chase R. Chappell, born
April 4, 1998.
2. The Plaintiff and Defendant, in consultation with their counsel, have
reached an agreement regarding the terms and conditions of the temporary custodial
arrangement pending the outcome of a psychological evaluation.
3. The parties, through their counsel, shall promptly agree on the
psychological evaluator and begin the evaluation process. They shall pay for the
psychological evaluation in proportion to their incomes as either agreed upon by the
parties, determined by the Domestic Relations Office or, if necessary, by the Court.
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4. Pending the outcome of the psychological evaluation and further Order of
this Court, the parties shall share legal custody and shall share physical custody equally
based on the following schedule:
A. Plaintiff shall have custody of the minor child each Monday and
Thursday overnight until the following morning when he will be dropped off at day care.
B. Defendant shall have custody of the minor child each Tuesday and
Wednesday overnight until the following morning when the child will be dropped off at
day care.
C. The parties shall alternate weekends from after day care Friday
until Monday morning when the child will be dropped off at day care with the first
alternating weekend being the Plaintiff's weekend beginning Friday, April 7, 2000.
D. The Defendant's Tuesday and Wednesday schedule shall begin on
Tuesday, April 11 , 2000.
E. Pending the outcome of the psychological evaluation, the parties
will alternate holidays with the Plaintiff having Easter in the alternating holiday schedule,
and the Defendant having Memorial Day.
F. The Plaintiff shall have custody of the minor child on Mother's Day
and the Defendant on Father's Day, regardless of the weekend schedule.
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G. An exception to the above schedule shall be Friday, April 7, 2000,
when the Defendant shall have the child from day care until 8:00 p.m.
BY THE COURT,
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BARBARA LYNN CHAPPELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant
Civil Action - In Divorce
ORDER
AND NOW, this _ day of April, 2000, it is ordered, as follows:
1. that primary custody be immediately awarded to Petitioner;
2. that visitation rights to the Respondent be limited to visitation in the
presence of another adult to monitor the visitation of the child on
Wednesday evenings for three hours from 5:00 until 8:00 p.m.; and
3. that all costs and attorney's fees incurred in this proceeding by
Petitioner be paid by Respondent.
BY THE COURT,
J.
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BARBARA LYNN CHAPPELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant
Civil Action - In Divorce
PETITION FOR EMERGENCY RELIEF
AND NOW comes the Plaintiff, by and through her attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Petition for Emergency Relief, as
follows:
1. The Petitioner, Barbara L. Chappell, is an adult individual who resides at 521
Benton Road, Camp Hill, Cumberland County, Pennsylvania.
2. The Respondent, Craig R. Chappell, is an adult individual who resides at 9
Ronald Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. The Petitioner and Respondent are the natural parents of a minor child,
Chase R. Chappell, age 2 years, with a date of birth of April 4,1998.
4. The Respondent has enjoyed visitation rights with the child since the date of
separation on January 28, 2000.
5. The Respondent had every other weekend visitation and visitation overnight
on Wednesday night, with several hours on Tuesday every week on the occasions
Petitioner worked.
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6. The Respondent had the minor child for weekend visitation from Friday
March 31,2000 until Sunday night at 8:00 p.m., pursuant to an informal agreement
between the parties.
7. The Respondent telephoned Petitioner on Sunday, April 2, 2000 at 7:45 a.m.
and advised her he would not be returning the child.
8. The Respondent has refused to speak to the Petitioner or advise her of the
child's whereabouts.
9. Petitioner cannot obtain any information regarding the child's health and
welfare other than through Respondent's counsel.
10. Respondent has displayed unstable and erratic conduct and admitted such
emotional infirmities to Petitioner, including threats of suicide.
11. The Respondent has exhibited dangerous, irrational conduct to third parties
that place in question his ability to function as a parent.
12. Petitioner is in fear for her child's welfare and safety.
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WHEREFORE, the Petitioner requests:
1. that primary custody be immediately awarded to Petitioner;
2. that visitation rights to the Respondent be limited to visitation in the
presence of another adult to monitor the visitation of the child on
Wednesday evenings for three hours from 5:00 until 8:00 p.m.; and
3. that all costs and attorney's fees incurred in this proceeding by
Petitioner be paid by Respondent.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
n R. Fenstermacher
Supreme Court I.D. #29940
5115 EastTrindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Petitioner
DATED: April 3, 2000
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VERIFICATION
I, Barbara L. Chappell, hereby certify and verify that the facts set forth in the
foregoing Petition for Emergency Relief are true and correct to the best of my
knowledge, information and belief. I understand that any false statements herein are
subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn falsification to
authorities.
DATE: April 3, 2000
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CERTIFICATE OF SERVICE
AND NOW, on this .3rcL day of April, 2000, I, John R. Fenstermacher,
Esquire, hereby certify that I have served the foregoing Petition for Emergency Relief by
facsimile and mailing a true and correct copy by United States first class mail, addressed
as follows:
John J. Connelly, Jr., Esquire
134 Sipe Avenue
Hummelstown, PA 17036
FENSTERMACHER AND ASSOCIATES, P.C.
ohn R. Fenstermacher
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BARBARA LYNN CHAPPELL,
Plaintiffi'Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
Respondent/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
ANSWER TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Defendant/Respondent, Craig Robert Chappell, by and through
his attorneys, James, Smith, Durkin & Connelly, and files the following Answer to Plaintiffs
Petition for Emergency Relief:
1. Admitted.
2. Admitted.
3. Admitted in part and Denied in part. It is denied that the parties were married in
1997. The parties were married on July 18, 1996.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part and Denied in part. It is admitted that the Petitioner filed a
Protection from Abuse action. It is denied that the allegations contained in the Petition were
true.
8. Admitted in part and Denied in part. It is admitted that a Protection from Abuse
Order was entered on June 28, 2000, however, the Order was entered by Stipulation and there is
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no admission by the Respondent to the allegations contained in the Petition. In fact, the
Respondent denied the allegations were true. In the Protection From Abuse Order dated June 28,
2000, the Court specifically provides "This Order will be entered without any admission of
liability by the Defendant and without a finding of abuse by the Court."
9. Admitted.
10. Admitted.
11. Admitted in part and Denied in part. It is admitted that the Respondent lived in a
Lower Paxton Township apartment complex in May of 1997. It is denied that the Respondent
was involved in a heated custody situation with his ex-wife at that time. The Respondent
petitioned for increased visitation/joint custody in the summer of 1996. A custody evaluation
was completed and it was the recommendation of Dr. Arnold T. Shienvold that it was not in the
best interest of the minor child that she spend additional time with the Respondent. There was
no further action in this specific custody matter.
12. Admitted in part and Denied in part. It is admitted that the charges allege the
Respondent set the fire to his first floor apartment. The Respondent denies that he set the fire
and alleges that the Petitioner set the fire in an attempt to discredit the Respondent's ex-wife.
13. Admitted. It is admitted that the Respondent claimed his ex-wife set the fire,
however, the Petitioner also reported the same claim.
14. Admitted in part and Denied in part. It is admitted that an empty windshield fluid
bottle were found at the Respondent's ex-wife's apartment located in the same complex. However,
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the Respondent is not aware of any gloves being found at bis ex-wife's apartment.
15. Admitted.
16. Denied. The Respondent originally contacted the Lower Paxton Townsbip Police
and advised them that the Petitioner had set the fire. The Petitioner, when interviewed by the police,
alleged that the Respondent had set the fire. Based on her allegations, the Respondent was charged.
The Petitioner was involved in an incident where she keyed Ms. Appel's car. The Respondent
believes that this behavior is evidence of her malice toward Ms. Appel and involvement in the
incident the Petitioner was alleged to have committed.
17. Admitted. It is admitted that the Petitioner will be a witness for the Commonwealth,
however, it is yet to be determined whether or not charges will be filed against the Petitioner as
well. It is Respondent's belief that Petitioner's involvement as a witness for the Commonwealth is
part of a plan by her to undermine the Respondent's rights to custody and influence the outcome of
the custody evaluation and Court's award.
18. Admitted.
19. Denied. The Respondent has no idea what the District Attorney's Office has
advised the Petitioner, however, the language contained in this paragraph is shear speculation and
has no foundation in fact.
20. Denied. The Respondent has retained as bis legal counsel, William C. Costopoulos,
Esquire, and has paid him a substantial retainer to defend him in this action. If the Respondent
intended to flee the jurisdiction, it would be pointless to secure counsel and pay a substantial
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retainer only to leave the jurisdiction. The Respondent specifically denies that he will or has any
intent to leave the jurisdiction and intends to fully defend the charges against him.
21. Denied. The Respondent has taken a posture ofa vigorous defense of the charges
against him and there is no basis whatsoever to conclude that he wonld leave the jurisdiction with
the parties' minor child.
22. Denied. It is denied that Ms. Appel has any knowledge whatsoever that would
establish Respondent's fitness as a parent under the present circumstances. Ms. Appel has had no
personal dealings with the Respondent since March of 1994 and has no basis to testify as to the
present circumstances.
23. Admitted.
24. Denied. The evaluation referred to in this matter was ordered in April of 2000 and
occurred over the summer and fall of2000 with a report being completed on January 3, 2001.
25. Denied. The evaluator, Dr. Stanley E. Schneider, spoke directly to both Petitioner's
former counsel, John Fenstermacher, Esquire, and Respondent's counsel, John J. Connelly, Jr.,
Esquire, and discussed specifically his knowledge of the pending criminal charges and, in fact,
within the confines of the written report, Dr. Schneider recommends that "At this writing, it is
anticipated that Craig would continue his schedule with Chase, even given his legal difficulties".
26. In contact with the evaluator, both Petitioner's former counsel and Respondent's
counsel discussed the schedule with the evaluator who did not feel the need for supervised visits and
would be prepared to testify to that effect.
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27. The Respondent believes that the report of Dr. Schneider recommending the
continuation of the existing Order should be adopted and that there is no legal basis to modify the
prior Order of Court.
28. Admitted.
WHEREFORE, the Respondent prays this Honorable Court to deny the request for a
modification of the existing Order and order the Petitioner, after adequate arrangements have
been made for an exchange of the child that will not involve contact between the parents, a
continuation ofthe Order of April 5, 2000.
JAMES, SMITH, DURKIN & CONNELLY
Date: / - /; -t21
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VERIFICATION
I verify that the statements made in this Pleading 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
unsworn falsification to authorities.
Date:
///.1/0 I
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BARBARA LYNN CHAPPELL,
PlaintiffiPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the
DefendantlRespondent, Craig Robert Chappell, hereby certify that I have served a copy ofthe
Answer to Plaintiff s Petition for Emergency Relief on the following on the date and in the
manner indicated below:
VIA FACSIMILE AND U.S. MAIL. FIRST CLASS. PRE-PAID
MariaP. Cognetti, Esquire
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Fax: 717-909-4068
JAMES, SMITH, DURKIN & CONNELLY
DATE: I-/~-ol
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BARBARA LYNN CHAPPELL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
CRAIG ROBERT CHAPPELL,
Defendant
NO. 00-1446 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of January, 2001, upon consideration of Plaintiffs
Petition for Emergency Relief and of Defendant's Answer to Plaintiff's Petition for
Emergency Relief, a hearing is scheduled for Monday, the 26th day of March, 2000, at
1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
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Maria P. Cognetti, Esq.
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
Attorney for Plaintiff
John J. Connelly, Jr., Esq.
P.O. Box 650
Hershey, PA 17033-0650
Attorney for Defendant
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
CampHill,PA 17011
Telephone No. (717) 909-4060
Attorneys for Plaintiffi'Petitioner
BARBARA LYNN CHAPPELL,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00-1446 CIVIL TERM
v.
CRAIG ROBERT CHAPPELL, : CIVIL ACTION - LAW
Defendant/Respondent : IN CUSTODY
,
ORDER
AND NOW, to wit, this _ day of
, upon consideration of the
attached Petition for Emergency Relief, Petitioner, Barbara Lynn Chappell, is granted primary
physical custody of the parties' minor child, Chase R. Chappell, born April 4, 1998. Petitioner
and Respondent, are directed to cooperate with one another through counsel for the establishment
of a supervised custodial schedule pending a further hearing on this matter or the continuation of
this Order.
Hearing is set for the _ day of
,2001,at
o'clock .m. III
Court Room No. _, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT:
J.
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill,PA 17011
Telephoue No. (717) 909-4060
Attorneys for Plaintiffi'Petitioner
BARBARA LYNN CHAPPELL,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1446 CIVIL TERM
v.
CRAIG ROBERT CHAPPELL, : CIVIL ACTION - LAW
DefendantJRespondent : IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Plaintiff, Barbara Lynn Chappell, by and through her attorney,
Maria P. Cognetti, Esquire,
and files the following Petition for Emergency Relief and support thereof avers as follows:
1.
action.
2.
action.
3.
Petitioner is Barbara Lynn Chappell, Plaintiff in the above-captioned custody
Respondent is Craig R. Chappell, Defendant in the above-captioned custody
Plaintiff and Defendant are presently Husband and Wife having been married on
July 18, 1997 and having separated on January 28, 2000.
4. The parties' are the parents of one minor child namely, Chase Chappell, born April
4,1998.
5. The parties hereto share physical custody of their child in accordance with an
Order of Court dated April 5, 2000. Said Order is attached hereto and is marked as Exhibit "A".
6. On or about March 13, 2000, Plaintiff filed a Complaint in Divorce to the above
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term and number which contained a count for custody.
7. On or about June 21, 2000, Petitioner filed a Protection from Abuse action against
Respondent, docketed to No. 00-3809.
8. A Protection From Abuse Order was entered on June 28, 2000, the term of which
expires on June 28, 2001.
9. On or about December 7, 2000, Respondent was charged with arson, a first degree
felony.
10. These charges arose from an incident occurring almost four (4) years ago.
11. In approximately May of 1997 Respondent was living in Lower Paxton Township
in an apartment complex. At that point in time he was involved in a heated custody situation with
his ex-wife, Doreen (Chappell) Appel.
12. In May of 1997, Respondent allegedly set fire to his first floor apartment.
13. Respondent claimed his ex-wife, Doreen Appel, had set the fire due to the
domestic situation in which they were involved.
14. An empty windshield fluid bottle containing remnants of gasoline and gloves were
found at Doreen Appel's apartment. Ms. Appel's apartment was located in the same complex as
Respondent's.
15. Although an investigation was started, Ms. Appel was never charged with the
crime.
16. The police were later able to charge Respondent with this crime when Petitioner
verified that Respondent had done it and had "framed" Mrs. Appel.
17. Petitioner will be testifying on behalf of the Commonwealth and no charges are
pending against her.
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18. On December 8, 2000, Husband was released on bail. One of his bail conditions is
that he have no contact :with Petitioner.
19. The District Attorney's Office has advised Petitioner that if convicted, Respondent
stands a good chance of being imprisoned for an extremely lengthy period of time.
20. Petitioner believes and therefore avers that Respondent, faced :with the possibility
of imprisonment, may flee the jurisdiction of this Court.
21. Petitioner believes and therefore avers that Husband would take the parties' minor
child :with him.
22. Mrs. Appel, has indicated her :willingness to testify to Respondent's fitness as a
parent under stress similar to that which he must now be under :with the current criminal charges
pending.
23. Pursuant to an Order of Court dated AprilS, 2001, the parties were directed to
participate in a psychological evaluation.
24. Said evaluation report was recently issued in this matter on January 3, 2001.
However, the evaluation process itself primarily occurred seven (7) to eight (8) months ago which
was well prior to Husband's criminal indictment.
2S. Although the report recommends the parties' continue a shared custodial
arrangement, the report was completed :without the evaluator's knowledge of the above events.
26. Petitioner believes and therefore avers that based on the foregoing circumstances,
Respondent should not have unsupervised visits with his minor child.
27. Petitioner believes and therefore avers that this Court should amend its Order of
AprilS, 2000, ~d grant Petitioner primary physical custody of the parties' minor child Chase, and
establish a supervised visitation schedule for Respondent pending the outcome of his trial.
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28. Respondent's attorney is being served with a copy of this Petition for Emergency
Relief at this same point in time.
WHEREFORE, Petitioner prays this Honorable Court grant her primary physical custody
with supervised visits for Respondent.
Respectfully Submitted:
MARIA p, COGNETTI & ASSOCIATES
Date: January 10,2001
By:
TI, ESQUIRE
7914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff/Petitioner
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BARBARA LYNN CHAPPELL,
. Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant
Civil Action - In Divorce
ORDER OF COURT
AND NOW, this~ day of IlpfLl ( ; 2000, the Plaintiff, Barbara Lynn
Chappell, by and through her attorneys, Fenstermacher and Associates, P.C., and the
Defendant, Craig Robert Chappell, by and through his attorneys, James, Smith, Durkin
& Connelly LLP, agree as follows:
1. The Plaintiff, Barbara Lynn Chappell, filed a Petition for Emergency Relief
on April 4, 2000 relating to custody of the parties' minor child, Chase R. Chappell, born
April 4, 1998.
2. The Plaintiff and Defendant, in consultation with their counsel, have
reached an agreement regarding the terms and conditions of the temporary custodial
arrangement pending the outcome of a psychological evaluation.
3. The parties, through their counsel, shall promptly agree on the
psychological evaluator and begin the evaluation process. They shall pay for the
psychological evaluation in proportion to their incomes as 'either agreed upon by the
parties, determined by the Domestic Relations Office or, if necessary, by the Court.
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4. Pending the outcome of the psychological evaluation and further Order of
this Court, the parties shall share legal custody and shall share physical custody equally
based on the following schedule:
A, Plaintiff shall have custody of the minor child each Monday and
Thursday overnight until the following morning when he will be dropped off at day care.
B. Defendant shall have custody ofthe minor child each Tuesday and
Wednesday overnight until the following morning when the child will be dropped off at
day care.
C. The parties shall alternate weekends from after day care Friday
until Monday morning when the child will be dropped off at day care with the first
alternating weekend being the Plaintiffs weekend beginning Friday, April 7, 2000.
D. The Defendant's Tuesday and Wednesday schedule shall begin on
Tuesday. April 11 , 2000.
E. Pending the outcome of the psychological evaluation, the parties
will alternate holidays with the Plaintiff having Easter in the alternating holiday schedule,
and the Defendant having Memorial Day.
F. The Plaintiff shall have custody of the minor child on Mother's Day
and the Defendant on Father's Day, regardless of the weekend schedule.
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G. An exception to the above schedule shall be Friday, April 7, 2000,
when the Defendant shall have the child from day care until 8:00 p.m.
BY THE COURT,
1!JlU)-t)<1Ij;, od #; J
. TRUE COPY FROM ReCORD
In lllStimony whereof, I here untcl set my hanCl
~ndt~... I of said Cou.~. at ~1sIe.. .~
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CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this
date I served the foregoing Petition for Emergency Relief by depositing a true and exact copy
thereof in the United States mail, fIrst class, postage prepaid, addressed as follows:
John 1. Connelly, Jr., Esquire
JAMES, SMITH, DURKIN & CONNELLY
134 Sipe Avenue
Hummelstown, P A 17036
Date: January 11, 2001
By:
Respectfully Submitted:
MARIA p, COGNETTI & ASSOCIATES
J1. Z'd c
MARIA ~GNET , ESQUIRE
AttorneyI.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for PlaintifflPetitioner
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BARBARA LYNN CHAPPELL,
PlaintiWPetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CRAIG ROBERT CHAPPELL,
Respondent/Respondent
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AND NOW, comes the Defendant/Respondent, Craig Robert Chappell, by and through
his attorneys, James, Smith, Durkin & Connelly, and files the following Answer to Plaintiffs
Petition for Emergency Relief:
1. Admitted.
2. Admitted.
3. Admitted in part and Denied in part. It is denied that the parties were married in
1997. The parties were married on July 18, 1996.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part and Denied in part. It is admitted that the Petitioner filed a
Protection from Abuse action. It is denied that the allegations contained in the Petition were
true.
8. Admitted in part and Denied in part. It is admitted that a Protection from Abuse
Order was entered on Jnne 28, 2000, however, the Order was entered by Stipulation and there is
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no admission by the Respondent to the allegations contained in the Petition. In fact, the
Respondent denied the allegations were true. In the Protection From Abuse Order dated June 28,
2000, the Court specifically provides "This Order will be entered without any admission of
liability by the Defendant and without a finding of abuse by the Court."
9. Admitted.
10. Admitted.
II. Admitted in part and Denied in part. It is admitted that the Respondent lived in a
Lower Paxton Township apartment complex in May of 1997. It is denied that the Respondent
was involved in a heated custody situation with his ex-wife at that time. The Respondent
petitioned for increased visitation/joint custody in the summer of 1996. A custody evaluation
was completed and it was the recommendation of Dr. Arnold T. Shienvold that it was not in the
best interest ofthe minor child that she spend additional time with the Respondent. There was
no further action in this specific custody matter.
12. Admitted in part and Denied in part. It is admitted that the charges allege the
Respondent set the fire to his first floor apartment. The Respondent denies that he set the fire
and alleges that the Petitioner set the fire in an attempt to discredit the Respondent's ex -wife.
13. Admitted. It is admitted that the Respondent claimed his ex-wife set the fire,
however, the Petitioner also reported the same claim.
14. Admitted in part and Denied in part. It is admitted that an empty windshield fluid
bottle were found at the Respondent's ex-wife's apartment located in the same complex. However,
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the Respondent is not aware of any gloves being found at his ex-wife's apartment.
15. Admitted.
16. Denied. The Respondent originally contacted the Lower Paxton Township Police
and advised them that the Petitioner had set the fire. The Petitioner, when interviewed by the police,
alleged that the Respondent had set the fire. Based on her allegations, the Respondent was charged.
The Petitioner was involved in an incident where she keyed Ms. Appel's car. The Respondent
believes that this behavior is evidence of her malice toward Ms. Appel and involvement in the
incident the Petitioner was alleged to have committed.
17. Admitted. It is admitted that the Petitioner will be a witness for the Commonwealth,
however, it is yet to be detennined whether or not charges will be filed against the Petitioner as
well. It is Respondent's belief that Petitioner's involvement as a witness for the Commonwealth is
part of a plan by her to undermine the Respondent's rights to custody and influence the outcome of
the custody evaluation and Court's award.
18. Admitted.
19. Denied. The Respondent has no idea what the District Attorney's Office has
advised the Petitioner, however, the language contained in this paragraph is shear speculation and
has no foundation in fact.
20. Denied. The Respondent has retained as his legal counsel, William C. Costopoulos,
Esquire, and has paid him a substantial retainer to defend him in tIns action. If the Respondent
intended to flee the jurisdiction, it would be pointless to secure counsel and pay a substantial
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retainer only to leave the jurisdiction. The Respondent specifically denies that he will or has any
intent to leave the jurisdiction and intends to fully defend the charges against lrim.
21. Denied. The Respondent has taken a posture of a vigorous defense of the charges
against lrim and there is no basis whatsoever to conclude that he would leave the jurisdiction with
the parties' minor child.
22. Denied. It is denied that Ms. Appel has MY lmowledge whatsoever that would
establish Respondent's fitness as a parent under the present circumstances. Ms. Appel has had no
personal dealings with the Respondent since March of 1994 and has no basis to testify as to the
present circumstances.
23. Admitted.
24. Denied. The evaluation referred to in this matter was ordered in April of 2000 and
occurred over the summer and fall of2000 with a report being completed on January 3, 2001.
25. Denied. The evaluator, Dr. Stanley E. Schneider, spoke directly to both Petitioner's
former counsel, John Fenstennacher, Esquire, and Respondent's counsel, John J. Connelly, Jr.,
Esquire, and discussed specifically his lmowledge of the pending criminal charges Md, in fact,
within the confines of the written report, Dr. Schneider recommends that "At this writing, it is
anticipated that Craig would continue his schedule with Chase, even given his legal difficulties".
26. In contact with the evaluator, both Petitioner's former counsel and Respondent's
counsel discussed the schedule with the evaluator who did not feel the need for supervised visits and
would be prepared to testify to that effect.
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27. The Respondent believes that the report of Dr. Schneider recommending the
continuation of the existing Order should be adopted and that there is no legal basis to modify the
prior Order of Court.
28. Admitted.
WHEREFORE, the Respondent prays this Honorable Court to deny the request for a
modification of the existing Order and order the Petitioner, after adequate arrangements have
been made for an exchange of the child that will not involve contact between the parents, a
continuation of the Order of April 5, 2000.
JAMES, SMIill, DURKIN & CONNELLY
Date: / - / J. -()I
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VERIFICATION
I verify that the statements made in tbis Pleading 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
unsworn falsification to authorities.
Date:
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BARBARA LYNN CHAPPELL,
Plaintiffi'Petitioner
: IN THE COURT OF COMMON PLEAS
:. CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 CIVIL TERM
CRAIG ROBERT CHAPPELL,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the
DefendantJRespondent, Craig Robert Chappell, hereby certify that I have served a copy of the
Answer to Plaintiff's Petition for Emergency Relief on the following on the date and in the
manner indicated below:
VIA FACSIMILE AND U.S. MAIL. FIRST CLASS. PRE-PAID
MariaP. Cognetti, Esquire
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Fax: 717-909-4068
JAMES, SMITH, DURKIN & CONNELLY
By: ;-
J9 m J. '\:limell~r., Esquire
AtJt~for D~dantJRespondent
Post Offi'c-e-Bcrx 650 '---
Hershey, PA 17033
(717) 533-3280
PA LD. No. 15615
DATE: i-/~ -01
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BARBARA LYNN
CHAPPELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
CRAIG ROBERT
CHAPPELL,
Defendant
NO. 00-1446 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of March, 2001, upon relation of counsel for the parties
in the above matter that a settlement will be reached in this matter, the hearing previously
scheduled for March 26, 2001, is cancelled.
BY THE COURT,
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Maria P. Cognetti, Esq.
210 Grandview Avenue
Suite 102
Camp Hill, PA 17011
Attorney for Plaintiff
John J. Connelly, Jr., Esq.
P.O. Box 650
Hershey, P A 17033-0650
Attorney for Defendant
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BARBARA LYNN CHAPPELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 CIVIL TERM
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CRAIG ROBERT CHAPPELL,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of John R. Fenstennacher., Esquire on behalf of the
Plaintiff, Barbara Lynn Chappell, in the above-captioned action.
Date:
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By: ' .
John R. Fenstennacher, Esquire
\....l>.ttomey for Plaintiff
5115 East Trindle Road
Mechanicsburg, P A 17055
(717) 691-5400
P A J.D. No. 29940
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Barbara Lynn Chappell, Defendant, Pro Se, in the above-
captioned action.
Date:
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By:
B bara Lynn Chap
Pro Se
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BARBARA LYNN CHAPPELL,
Plaintif.fJRespondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant/Petitioner
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this
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qlJ.. day of ~
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o'clock -f2-.m. in Court Room
No. I of the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
BY THE COURT:
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BARBARA LYNN CHAPPELL,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant/Petitioner
CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is hereby directed that the parties
and
their
respective
counsel
appear
before,
, Esquire, the Conciliator, on the _ day of
2003, at
_.M., at
, Pennsylvania,
for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by
the Court, and to enter into a Temporary Order. All children age five or older may also be present
at the Conference at the Conciliator's request. Failure to appear at the Conference may provide
grounds for the entry of a temporary or permanent Order. Notification to the Defendant by the
Prothonotary's Office is waived.
For the Court,
Date of Order:
By
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA l70B
(717) 249-3166
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BARBARA LYNN CHAPPELL,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant/Petitioner
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR INTERIM RELIEF
AND COMES NOW, Petitioner, Craig Robert Chappell, by and through his attorneys,
James, Smith, Durkin & Connelly, LLP by John J. Connelly, Jr., Esquire, and files the following
Petition for Interim Relief and in support thereof, respectfully represents as follows:
1. The Petitioner is Craig Robert Chappell, Defendant in the above-captioned action.
He resides at 732 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Respondent is Barbara Lynn Chappell, Plaintiff in the above-captioned action.
She resides at 591 Geneva Drive, Unit 6, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. The parties are the parents of one minor child, Chase R. Chappell, date of birth
April 4, 1998.
4. The parties were divorced on October 25, 2002.
5. Pursuant to an Order of Court dated April 5, 2000 (paragraph 4), the parties share
legal and physical custody of the minor child. A copy of the said Order is attached hereto and
marked Exhibit "A". The parties have equally shared custody since January 2000, the date of their
separation.
6. Pursuant to Paragraph 3 of the said Order, a psychological evaluation was done by
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Stanley E. Schneider, Ed.D. at Guidance Associates of Pennsylvania. Dr. Schneider recommended
in his January 3, 2001 report that the parties continue their shared custody arrangement as set forth
in the April 5, 2000 Order.
7. In spite of the provision in the said Order for shared custody, the Respondent has
unilaterally made decisions without any consultation with the Petitioner. Specifically, in November
of 2002, the Respondent advised the Petitioner that she was scheduling the parties' son to see a
therapist. She refused to identifY the name of the therapist, date or time of the appointments and
indicated she did not intend to inform the Petitioner of the contents or progress of any therapy and
did not believe she needed his approval to take that step. The child suffers from a speech and
language disorder (autistic spectrum). The child is receiving therapy through the Capital Area
Intermediate Unit. The therapy is provided to the child at his pre-school, Brookside Montessory
School located in Camp Hill, Pennsylvania. The child has attended that pre-school for the past 3 Yz
years.
8. Recently, the Respondent informed the Petitioner that she intended to relocate from
her current residence to live with an individual in the Susquehanna Township School District. She
further directed the Capital Area Intermediate Unit to forward the child's records to the
Susquehanna Township School District without consulting the Petitioner. Even though the
Petitioner requested that the Capital Area Intermediate Unit send copies of the records to the
Cumberland Valley School District as well, the Capital Area Intermediate Unit has refused to do so
since they have already been directed to forward records to the Susquehanna Township School
District by the Respondent.
9. The Respondent owns and works at a hair salon located at 3619 Simpson Ferry
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Road, Camp Hill, Pennsylvania and resides, as indicated, at 591 Geneva Drive, Unit 6,
Mechanicsburg, Pennsylvania.. The Petitioner resides at 732 Colonial Court, Mechanicsburg,
Pennsylvania (Cumberland Valley School District). The child has always attended pre-school in
the Camp Hill and, because both of the parents work in that area, it has worked conveniently as to
drop off and pick up as well as availability of the parents in the event the child has a problem at pre-
school.
10. The child will begin attending half day kindergarten in September of2003, and the
Respondent has advised the Petitioner that because of her move to Susquehanna Township, that she
intends to enroll the child in that school district.
11. The Petitioner has visited both schools that the child could potentially attend in the
respective school districts. As a result of those visits, the Petitioner believes and therefore avers,
that the Cumberland Valley School District school (Greenridge Elementary) provides a significantly
better environment for the child than the Susquehanna Township School District. The Greenridge
Elementary School has a speech and language clinician within the facility, therefore, the minor
child can receive speech and language therapy at that location in an amount necessary to treat his
problems. In addition, the continuity of remaining in school in the same area where both parents
work is an important component of their continuing co-parenting arrangement.
13. Because of the child's involvement in the Capital Area Intermediate Unit therapy, it
is essential that an Intermediate Unit evaluation be done prior to the child's enrollment in school
which should occur in January or February of2003.
14. The Petitioner believes and therefore avers, that it is in the child's best interest that
he remain in the Mechanicsburg area for school purposes and attend school in the Cumberland
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Valley School District (Greenridge Elementary) which is the location of the Petitioner's residence.
15. Because it is apparent that the parties will be unable to agree on a school placement
for the child and because it is clear from her past behavior that the Respondent will take unilateral
action to place the child in school in the Susquehanna Township School District, the Petitioner is '
requesting that this matter be addressed by the Court as soon as possible in order to determine the
appropriate school placement for the child.
16. The school placement of the child in no way will affect the continuing shared
custodial arrangement because, as indicated previously, both parents currently live and work in the
general area of the Cumberland Valley School District and their work hours are somewhat flexible.
In the event the Respondent moves to the Susquehanna Township School District, because she will
continue to work at her current location, there will be no hardship on her to place the child in what
the Petitioner believes is a far better facility at Greenridge Elementary School.
WHEREFORE, your Petitioner, Craig Robert Chappell, requests that the Court enter a
RuIe to Show Cause why the minor child, Chase R. Chappell, should not be placed at Greenridge
Elementary in the Cumberland Valley School District.
Respectfully submitted,
JAMES, SMITH, DURKIN & CONNELLY LLP
Date: \ \ t:j 1 ()~
By:
ohn
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Post ox 650
Hershey, PA 17033
(717) 533-3280
PA l.D. No. 15615
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VERIFICATION
I verify that the statements made in this Pleading 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
unsworn falsification to authorities.
Date: 01/rJ.l
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EXHIBIT "A"
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BARBARA LYNN CHAPPELL,
. Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant
Civil Action - In Divorce
ORDER OF COURT
AND NOW, this..)l-Z day of 1)/'V.2.; ( , 2000, the Plaintiff, Barbara Lynn
Chappell, by and through her attorneys, Fenstermacher and Associates, P.C., and the
Defendant, Craig Robert Chappell, by and through his attorneys, James, Smith, Durkin
& Connelly LLP, agree as follows:
1. The Plaintiff, Barbara Lynn Chappell, filed a Petition for Emergency Relief
on April 4, 2000 relating to custody of the parties' minor child, Chase R. Chappell, born
April 4, 1998.
2. The Plaintiff and Defendant, in consultation with their counsel, have
reached an agreement regarding the terms and conditions of the temporary custodial
arrangement pending the outcome of a psychological evaluation.
3. The parties, through their counsel, shall promptly agree on the
psychological evaluator and begin the evaluation process. They shall pay for the
psychological evaluation in proportion to their incomes as either agreed upon by the
parties, determined by the Domestic Relations Office or, if necessary, by the Court.
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4. Pending the outcome of the psychological evaluation at:ld further Order of
this Court, the parties shall share legal custody and shall share physical custody equally
based on the following schedule:
A. Plaintiff shall have custody of the minor child each Monday and
Thursday overnight until the following morning when he will be dropped off at day care.
B. Defendant shall have custody of the minor child each Tuesday and
Wednesday overnight until the following morning when the child will be dropped off at
day care.
C. The parties shall alternate weekends from after day care Friday
until Monday morning when the child will be dropped off at day care with the first
alternating weekend being the Plaintiff's weekend beginning Friday, April 7, 2000.
D. The Defendant's Tuesday and Wednesday schedule shall begin on
Tuesday, April 11 , 2000.
E. Pending the outcome of the psychological evaluation, the parties
will alternate holidays with the Plaintiff having Easter in the alternating holiday schedule,
and the Defendant having Memorial Day.
F. The Plaintiff shall have custody of the minor child on Mother's Day
and the Defendant on Father's Day, regardless of the weekend schedule.
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G. An exception to the above schedule shall be Fric;lay, April 7, 2000,
when the Defendant shall have the child from day care until 8:00 p.m.
BY THE COURT,
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TRUE COPY FROM RECORD
In T ostlmony whereof, I here unto set my hana
a.11d. ~ said Court at Carlisle, Fa.
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Prof onotary
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BARBARA LYNN CHAPPELL,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant/Petitioner
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, LLP attorney for the
Petitioner, Craig Robert Chappell, hereby certify that I have served a copy of the foregoing Petition
for Interim Relief on the following on the date and in the manner indicated below:
D.S MAIL, FIRST CLASS, PRE-PAID
Barbara Lynn Chappell
591 Geneva Drive, Unit 6
Mechanicsburg, P A 17055
JAMES, SMITH, DURKIN & CONNELLY LLP
DATE: O/-/8-0J...
By:
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BARBARA LYNN CHAPPELL,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1446 Civil Term
CRAIG ROBERT CHAPPELL,
Defendant/Petitioner
: CIVIL ACTION - LAW
: IN CUSTODY
RULE TO SHOW CAUSE
AND NOW, this
day of
, 2003, after review of the Petition for
Interim Relief filed by the Petitioner, a Rule is hereby issued upon the Respondent to show cause
why the parties' minor child should not be emolled at Greemidge Elementary in the Cmnberland
Valley School District.
RULE RETURNABLE
DAYS FROM SERVICE.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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'BLLvbtlva ~V1V\ CklL~11
l'aintiff
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File No. O~., \ L1l\ 10 Li Vi \ 1-01'1'11\
vs.
IN DIVORCE
C~Cl -el'
Defen nt
NOTICE TO RESUME PRIOR SURNAME
Notice
is hereby given that the Plaintiff/Defendant in the
having been granted a Final Decree in Divorce on the
c+okr .~OO;z., to resume the
, and gives
P.S. S 704.
above matter,
;;"5 day of
prior surname of
this written notice pursuant
DATE:
J-3-(J3
COMMONWEALTH OF PENNSYLVANIA:
a~
being resumed
t. Vr~
SS.
COUNTY OF CUMBERLAND
On the ::::F'C. day of M<J..lr~ , "2J::c:i~, before me, a
Notary Public,~personally appeared the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
sea 1.
In Witness Whereof, I have hereunto set my hand and official
NOTARIAL SEAL
JODY S. SMITH. NOTARY PUBLIC
Carlisle Bora. Cumberland County
My Commission Expires April 4, 2005
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BARBARA LYNN CHAPPELL VOKES
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-1446 CIVIL ACTION LAW
CRAIG ROBERT CHAPPELL
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, June 06, 2003
, upon consideration ofthe attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Tuesday, July 01, 2003 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to schednled hearing.
FOR TIIE COURT,
By: /s/
Melissa P. lTT'eevy. Esq.
Custody Conciliator
v
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
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET
FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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BARBARAL YNN CHAPPELL VOKES, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff;
v.
: NO. 00-1446 Civil Term
: CIVlL ACTION - LAW
CRAIG ROBERT CHAPPELL,
: IN CUSTODY
Defendant.
ORDER
AND NOW, this day of , 20---, upon
consideration of the attached Complaint, it is hereby directed that the parties and their respective
counsel appear before , the Conciliator, at
, on , the day
of , , 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. 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 pennanent
Order.
FOR THE COURT,
By
Custody Conciliator
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HA VB A LAWYER. OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLlSLE, PA 17013
(717) 240-6200
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BARBARAL YNN CHAPPELL VOKES, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO: 00-1446 Civil Term
: CIVIL ACTION - LAW
CRAIG ROBERT CHAPPELL,
: IN CUSTODY
Defendant.
PETITION FOR MODIFICATION
OF CURRENT CUSTODY ORDER
AND NOW, comes the Petitioner, Barbara Lynn Chappell Vokes, by and through
her attorneys, Mancke, Wagner & Spreha, and files the following Petition for
Modification:
1. The Petitioner, Barbara Lynn Chappell Vokes, is an adult individual currently
residing at 514 Cherrington Road, Harrisburg, Dauphin County, Pennsylvnaia.
2. The Respondent, Craig Robert Chappell, is an adult individual currently
residing at 732 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties are the parents of one (1) minor child, Chase Chappell, born April
4, 1998.
4. The parties were divorced October 25, 2002.
5. There is a Court Order dated April 5, 2000, that provides for joint legal and
joint physical custody of the child.
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6. Recently, the Court of Common Pleas entered an Order directing that the child
be permitted to attend the school district of the father, which is the Cumberland Valley
School District.
7. The child was born during wedlock.
8. Petitioner believes and therefore avers that the best interests of the child would
be served by placing primary physical custody of the child in the Petitioner herein subject
to periods of partial custody in the Respondent.
WHEREFORE, Petitioner prays this Court to grant the relief as requested in the
form of primary physical custody of Chase, subject to periods of partial custody in the
Respondent.
Respectfully submitted,
Mancke, Wagner & Spreha
:1
P. 'chard Wagner, Esquire
.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
Date: 1?;J,/pg
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VERIFICATION
I verify that the statem nts made in the foregoing
document are true and correct. I
statements herein are made subject to the penalties of 18 Pa.C.S,
Section 4904, relating to unsworn authorities.
u
DATE:
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BARBARA LYNN CHAPPELL VOKES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-1446 CIVIL TERM
v.
CIVIL ACTION - LAW
CRAIG ROBERT CHAPPELL,
IN CUSTODY
Defendant
OLER, J. ---
ORDER OF COURT
AND NOW, this ~ day of , 2003, upon consideration of the
attached Custody Conciliation Summary Re rt, and it appearing that the parties are in
need of a hearing, it is hereby ordered and directed as follows:
1. A hearing is scheduled in Courtroom Number _ of the Cumberland County
Courthouse, on the J~ ~ day of ~~' 2003, at '1 f 3tJ o'clock
Jl.M. and on the lid day of , 2003, at '1' do o'clock
-.it.M., at which time testimony will be taken. For the purposes of the hearing, the Mother,
Barbara Lynn Chappell Vokes, shall be deemed to be the moving party and shall proceed
initially with testimony. Counsel for the parties or the parties pro se shall file with the Court
and opposing counsel/party a memorandum setting forth each party's position on custody, a
list of witnesses who are expected to testify at the hearing, and a summary of the
anticipated testimony of each witness. These memoranda shall be filed at least ten days
prior to the hearing date.
BY THE COURT:
J
Dis!:
P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110
John J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17033
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BARBARA LYNN CHAPPELL VOKES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-1446 CIVIL TERM
v.
CI~IG ROBERT CHAPPELL,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1!H5.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Chase Chappell
April 4, 1998
Mother and Father
2. A Custody Conciliation Conference was held on July 18, 2003 following the
filing of a Petition for Modification of Current Custody Order filed by Mother on or about June
1, 2003. Present for the conference were: the Mother, Barbara Lynn Chappell Vokes, and
her counsel, P. Richard Wagner, Esquire; the Father, Craig Robert Chappell, and his
counsel, John J. Connelly, Jr., Esquire. The most recent hearing in this matter was April of
2003. The issue determined in the matter was the choice of school district for the child to
attend beginning with the 2003-2004 school year. The child is presently enrolled in
Cumberland Valley School District.
3. The parties were not able to reach an agreement with regard to Mother's
petition for primary physical custody of the child. They were able to reach an agreement to
minor adjustments to the schedule to accommodate Mother's planned vacation. The parties
also agreed to a change in the location of the custodial exchanges. Counsel for the parties
determined to verify the agreed upon adjustments by letter.
4. The parties have been following a shared physical custody plan since the point
of separation. Mother now seeks primary physical custody of the child alleging that it is in
the child's best interest to be with her because of Father's alleged past criminal activities.
5. Father's position on custody is as follows: Father does not desire to change
frorn t~e present shared physical custody schedule. Father makes cross allegations
regarding Mother's own alleged involvement in criminal activities.
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NO. 00-1446 CIVIL TERM
6. Counsel for the parties indicated that because the parties had not been able to
reach an agreement despite their efforts that this matter was in need of a hearing. Counsel
for the parties request two (2) days of hearing time.
Oat, 1/J-WJ LA'~~,,} E,,";rn
Custody Conciliator
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BARBARA LYNN
CHAPPELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION -LAW
CRAIG ROBERT
CHAPPELL,
Defendant
NO. 00-1446 CIVIL TERM
ORDER OF COURT
AND NOW, this 31st day of October, 2003, upon consideration of the attached
letter from John J. Connelly, Jr., Esq., attorney for Defendant, the custody hearing
previously scheduled in this matter for December 10 and 11, 2003, is continued
generally.
COUNSEL are directed to notifY the court if they desire a hearing in this matter of
if a settlement is reached.
BY THE COURT,
riA
Wesley Ole
~fRichard Wagner, Esq.
2233 N. Front Street
Harrisburg, P A 17110
Attorney for Plaintiff
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"I"lohn J. Connelly, Jr., Esq.
P.O. Box 650
Hershey, PA 17033
Attorney for Defendant
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]AMEs SMITH DiEITERrCK & CONNELLY LIP
JohnJ. Connelly, Jr.
jjcjr@jsdlegal.com
October 30, 2003
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Re: Barbara Lynn (Chappell) Vokes v. Craig Robert Chappell
No. 00-1446 Civil Term
Dear Judge Oler:
Both Rich Wagner and I are requesting that the Court continue the above-
captioned custody matter now scheduled for hearing before you on December 10, and 11,
2003.
As you are aware, Mr. Wagner represents Barbara Vokes and I represent Craig
Chappell.
The parties have agreed to attend counseling with Bonnie Howard at Riegler,
Shienvold & Associates. In addition, at the completion of that counseling, the parties
have agreed that Dr. Schneider will update his reports previously supplied to the Court in
thi sease.
Continuing counseling as well as the updated report will not be available by the
scheduled hearing dates in December and we are, therefore, requesting that the Court
continue the matter generally until we are in a position to present an updated report.
Should you need anything further from this office to grant the continuance, please
advise.
JJCljlk
cc: . P. Richard Wagner, Esquire
Craig R. Chappell
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134 SIPE AVENUE
HUMIv1El_STOWN, P^
17036
MAIUNG ADDRESS:
P.O. BOX 650
HERSHEY, PA 17033
TEL. 717.533.3280
FAX 1ST FLOOR
717.533.7771
2ND FLOOR
717.533.2795
WWW.JSDC.COM
GARY L. JAMES
MAX J. SMITH, JR.
JOHN J. CONNELLY, JR.
SCOTT A. DIETTERICK
JAMES F. SPADE
BRYAN S. WALK
MATTHEW CHABAL, III
GREGORY K. RICHARDS
SUSAN M. KADEL
JARAD W. HANDELMAN
DONNA M. MULLIN
EDWARD P. SEEBER
NEil W. YAHN
COURTNEY L. KISHEL
KIMBERLY A. DEWITT
OF COUNSEL:
MANLEY DEAS &
KOCHALSKI, LLC
CO!..UMBUS, OH
BARBARA LYNN
CHAPPELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
CRAIG ROBERT
CHAPPELL,
Defendant
NO. 00-1446 CIVIL TERM
ORDER OF COURT
AND NOW, this 10th day of April, 2003, upon consideration of Defendant's
Petition for Interim Relief, and following a hearing held on April 9, 2003, Defendant's
petition is granted to the extent that the parties' child, Chase R. Chappell (d.o.b. April 4,
1998) shall be enrolled in the Cumberland Valley School District.
BY THE COURT,
ta
esley Oler,
.
p, Richard Wagner, Esq.
2233 N. Front Street
Harrisburg, P A 17110
Attorney for Plaintiff
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John J. Connelly, Jr., Esq.
P.O. Box 650
Hershey, PA 17033
Attorney for Defendant
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BARBARA LYNN CHAPPELL,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CRAIG ROBERT CHAPPELL,
Defendant/Petitioner
00-1446 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of April, 2003, upon
consideration of the Defendant's petition for Interim Relief, and
following a hearing held on this date, the record is declared
closed, and the matter is taken under advisement.
By the Court,
t
vJohn J. Connelly, Jr., Esquire
134 Sipe Avenue
Hummelstown, PA 17036
For the Plaintiff/Respondent
/~. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
For the Defendant/Petitioner
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BARBARA LYNN CHAPPELL,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CRAIG ROBERT CHAPPELL,
Defendant/Petitioner
00-1446 CIVIL TERM
TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE J. WESLEY OLER, JR., J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
on April,9, 2003, in Courtroom Number 1.
APPEARANCES:
John J. Connelly, Jr., Esquire
For the Plaintiff/Respondent
P. Richard Wagner, Esquire
For the Defendant/Respondent
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1 INDEX TO WITNESSES
2
3 FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS
4 Barbara L. Vokes,
as of cross 3 32 42
5
Craig Robert Chappell 47 62 79 80
6 84
Craig Robert Chappell,
7 on rebuttal 113 114
8 FOR PLAINTIFF
DIRECT CROSS REDIRECT RECROSS
9 Barbara L. Vokes
87
101
10
11
INDEX TO EXHIBITS
12 FOR THE DEFENDANT
MARKED
ADMITTED
13 1 - Cash Receipt
14 2 - 1/27/03 letter
15 3 - 2/23/03 memo
16
17
18
19
20
21
29
86
44
86
44
86
22
23
24
25
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April 9, 2003
Carlisle, Pennsylvania
(The following proceedings were held at 12:31
2
3 p.m.)
4
THE COURT: This is the time and place for a
5 hearing on a Petition for Interim Relief in the case of
6 Chappell versus Chappell at No. 00-1446 Criminal Term. We
7 will let the record indicate that the Plaintiff, Barbara Lynn
8 Chappell, is present in court with her counsel, P. Richard
9 Wagner, Esquire; and the Defendant, Craig Robert Chappell, is
10 present in court with his counsel, John J. Connelly, Jr.,
11 Esquire. Mr. Connelly.
12
MR. CONNELLY: Thank you, Your Honor, I would like
13 to call Barbara Chappell as my first witness,
14 BARBARA LYNN VOKES (CHAPPELL),
15 having been duly sworn, testified as follows
16 as on cross-examination:
17 DIRECT EXAMINATION
18
19 BY MR. CONNELLY:
20
State your name for the record, please?
Q
21
Barbra Lynn Vokes,
A
22
That is a new last name. Did you get married or
Q
23 is that a maiden name?
24
A
I resumed my maiden name.
25
Q
When did you do that?
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4
5
6
7
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9
10
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12
13
A
Beginning of February.
Q
Where do you reside currently?
A
514 Cherrington Drive, Harrisburg.
Q
How long have you lived there?
A
Two months.
Q
When did you move to Cherrington Drive?
A
February 1.
Q
Where is your business located?
A
Simpson Ferry Road, Camp Hill.
Q
What do you do?
A
I own a salon.
THE COURT: What is the address of that?
A
3619 Simpson Ferry Road in Camp Hill.
14 BY MR. CONNELLY:
15
Q
At that location do you rent the location where
16 your salon is being worked out of?
17 A Yes.
18 Q How many people work for you?
19 A Two.
20 Q What is your work schedule when you are there?
21 A My work schedule varies from week to week,
22 depending on what my schedule is with my son,
23 Q Does the schedule with your son change week to
24 week?
25
A
It depends. If there are functions going on at
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1 school that I want to attend, I will mark the day off and I
2 will attend the functions at school.
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Q
You and Mr. Chappell share custody, correct?
A Yes.
Q I believe you have Monday and Thursday, he has
Tuesday and Wednesday, and you alternate the weekends from
Friday evening to Monday morning, is that correct?
A Yes.
Q You mentioned your son's school, where does he go
right now?
A Brookside Montessori School.
Q Where is that located?
A Camp Hill,
Q How long has he been going to Brookside?
A This is his second year.
Q Where did he go before that?
A He was at the UCP Daycare on Trindle Road in Camp
Hill.
Q He continues to attend Brookside Montessori even
after you have moved to Harrisburg, is that correct?
21 A Yes.
22 Q Doe he go every day?
23 A Yes.
24 Q What hours?
25 A From 8:30 to -- pickup is between 2:30 and 3:00
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Q
On each of your custodial days, either your are
3 responsible for Chase or my client is responsible for Chase,
4 is that correct?
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Q
A
Q
Yes.
How old is he now?
Chase is five.
He has been diagnosed with some problems. What is
9 his actual diagnosis?
10 A Chase's actual diagnosis is that he has a learning
11 disorder and Dr. Lipkin from Johns Hopkins -- I have his
12 report, if you would like to see it -- wanted US to work with
13 his pragmatic speech also.
14 Autism was ruled out as far as a symptom.
15 Q As to Chase's current treatment therapy, what does
16 he receive through his IEP with the Capital Area Intermediate
17 Unit, the early intervention program?
18
A
Chase has an inclusion consultant, her name is
19 Julia Kelly, she sees him once a week for an hour at Brookside
20 Montessori. He has a speech and language pathologist, her
21 name is Lisa McCarty, she sees Chase every Friday for an hour.
22 He has an occupational therapist, her name is Barbara Kline,
23 she sees Chase every other Thursday for 90 minutes.
24 He also has an aid from the Intermediate Unit, she
25 is an educational, an inclusion educational professional, she
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is an aid that works with Chase every day at school from 8:30
a.m. to 11:30. The end of last year at Brookside Montessori,
when I wanted to -- for Chase to attend Brookside for this
year, when I spoke to his teacher at Brookside, she said that
Chase would need some kind of extra help if he wanted to
attend this year.
So I contacted the Intermediate Unit and asked
them to give Chase an aid ~or this year in order for him to
attend Brookside or to continue to attend Brookside.
Q That aid works with him now?
A Yes, every day.
Q Everything occurs at Brookside, all of the
assistance he is provided --
A No, he also has a family resource therapist, who
has been working with Chase since last May. She was coming to
the house every Monday to work with Chase for an hour. We now
go to her office in Carlisle every Monday and she works there
with Chase for an hour every Monday.
Q Is there a therapist that you refused to notify my
client of or tell him who it was?
A No, these are all therapists from the Intermediate
Unit.
Q Did you ever tell my client that Chase was going
to be in therapy and it was none of his business, you were
going to select a therapist?
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A No. We attended Chase's four year appointment at
Dr. Darowish's office. At that appointment I asked Dr.
Darowish
Q That is a pediatrician?
A Pediatrician. I asked Dr. Darowish for the name
of a counselor, because I wished to take Chase to counseling.
I was concerned with some things he was saying and that he was
doing. Dr. Darowish gave me two names of counselors at that
time, and Mr. Chappell was present. I don't know how much
longer it was later, but I had already gone to the first visit
with Bonnie Howard, who was at Riegler Shienvold's office at
Linglestown Road. When I asked Bonnie how I should proceed
with this, Bonnie said that she would contact Mr. Chappell
when she felt it was necessary for him to get involved.
Q Is Bonnie aware you had shared legal custody?
A Yes.
Q Did you tell him of the appointments that were
scheduled with Bonnie Howard?
A
Q
A
No, I did not.
Did you give him Bonnie Howard's name to contact?
No, because she said that she would contact Mr.
Chappell when she felt it was necessary.
Q Has she contacted him yet to your knowledge?
A She has not mentioned that she has.
Q How many times has your son seen this therapist?
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A Six.
Q It is your testimony that you did not tell him
that it was none of his business, it was your decision?
A No, I told Mr. Chappell that she would contact him
when she felt it was necessary.
Q Did you provide her with a copy of your court
order that provides that you have shared legal custody?
A Mrs. Howard is quite
Q Answer my question, please. Did you provide her
with a copy of the court order that says you share legal
custody?
A No, but she is aware of that there.
Q In spite of being aware of that, she continues to
treat this child without her father's consent, is that right?
MR. WAGNER: Objection, I don't know how she would
know whether Mrs. Howard is treating without consent or notr
that is asking speculation from my client.
A
Mrs. Howard actually knows Mr. Chappell already.
19 She actually -- she was a counselor for his daughter to his
20 first marriage.
21 MR. CONNELLY: Your Honor, this is not in response
22 to my question
23 THE COURT: There has been an objection. The
24 objection is overruled, If the witness doesn't know, she can
25 say I don't know.
.
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BY MR. CONNELLY:
Q You are sure she knows you share custody?
A Yes.
Q She has continued to treat your son without
consulting with Mr. Chappell to your knowledge?
A To my knowledge, I do not know if she has contact
with him or not.
8 Q The selection of Brookside Montessori School, you
9 made that selection, didn't you?
10 A Yes.
11 Q You informed Mr. Chappell after the fact that he
12 was going to be enrolled there?
13 A I --
14 Q Yes or no? You made the decision, you enrolled
15 your son and told him about it, isn't that what occurred? If
16 it is no, say no.
17 A No, that is not the way that it happened.
18 Q Did you make the decision for the Montessori
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School?
A Yes.
Q Did you consult with him about it before you made
that decision?
A I told Mr. Chappell that that is where Chase would
be going to school.
Q My question is, did you consult with him, no, you
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told him?
A I consulted with him -- Mr. Chappell was
unemployed at the time. I wanted to enroll Chase on Tuesdays,
Wednesdays and Thursdays but because his days of visitation
were on Tuesday or -- were on Tuesdays and Wednesdays, I had
to consult with him. He said he wasn't interested, so I
enrolled Chase on Mondays, Tuesday and Fridays, on my days.
Q Let me understand this. You are saying that you
needed to consult him to enroll your son on his days?
A Yes.
Q But you don't need to consult him when enrolling
your son any other time?
A I consulted with him about Chase's attending
Brookside Montessori School. When he told me he was not
interested -- I had to make the decision of which days I would
choose; and if he wasn't interested in sending Chase to school
there, then I made the decision to send Chase to school there
on my days of visitation. He was unemployed at the time, so
he kept Chase at home with him.
Q So not interested and being able to care for Chase
himself are two different things, right? He didn't want him
enrolled during his days he was available for his son, is that
what he told you?
A I don't remember.
Q Did you attempt to enroll your' son at The Goddard
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School last summer?
A I had spoken with him.
Q
This is a yes or no answer. Did you attempt to
4 enroll your son at the Goddard School?
5 A Yes.
6 Q Did my client object to that?
7 A No.
B Q Why wasn't he enrolled?
9 A He wasn't enrolled because I had spoken with
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him, I let Craig know that I was thinking about sending Chase
to school there. I had never given them a deposit, and I had
just decided at the end of summer that I was not going to
enroll Chase in a program, that my parents -- my mom, who was
retired, I have two sisters who don't work, they both have
children, and I thought the best thing for Chase at that time
would be for him to spend time with the family.
Q During that time he spent with family last summer,
did he receive the therapy through the IU at either of your
family's homes?
A He received therapy at my home with his family
resource therapist every Monday. He received speech therapy
at Tender Years where Craig had enrolled him.over the summer
while he did gain employment.
Q So the location where the IU provided therapy for
the most part was at Tender Years where he enrolled him,
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except for one day a week?
A His speech therapist would see Chase every Friday
at Tender Years.
Q Which is where Craig enrolled him?
A Correct.
Q What other day did he receive therapy from sources
that didn't occur at Tender Years during Craig's days?
A He received -- a family resource therapist came to
my home every Monday.
Q Other than that, everything occurred at Tender
Years?
A The only thing that occurred at Tender Years was
his speech therapist.
Q There wasn't any of the other therapy that he is
being provided with now?
A Julia Kelly went out once a month, who is his
inclusion consultant, she would go out once a month just to
see Chase, how he was doing.
Q Where?
A At Tender Years.
Q So what aboui the inclusion professional you
referred to?
A No, she is the one that I asked the Intermediate
Unit to send out to Brookside for the school year.
Q She is new then?
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A She is new,
Q The speech and language therapist, Lisa McCarty,
did she go to Tender Years?
A Yes.
Q How about occupational therapy?
A No, that just started in October.
Q The family resource therapist came to your home?
A Yes.
Q One time a week?
A Yes.
Q The Johns Hopkins appointment that you referred to
and the doctor that saw him, you originally scheduled an
appointment with Johns Hopkins and took your son without
informing my client, didn't you?
15 A Yes, I did.
16 Q Then he found out about it and insisted on
17 attending?
18 A Yes.
19 Q So there were three sessions total; the initial
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session, which you went alone and didn't tell him; and
sessions two and three, which he went to, is that correct?
A Actually, there were four sessions.
Q Why would you have taken a step.like this to take
your son to Johns Hopkins for an evaluation and not tell him?
A When Chase turned four -- I asked for a
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psychological evaluation to be done through the Intermediate
Unit once he turned four, I wanted to know that if they
felt he was ADD or ADHD, They sent a psychologist from the
Intermediate Unit out to Brookside Montessori School and he
completed a complete evaluation. He spent the whole day with
Chase. He sent a complete report to both myself and to Mr.
Chappell. I have a copy of it. It has him listed as being
sent copies.
Q What does this have to do with Johns Hopkins?
A Because in the report it lists all the problems
that he felt that Chase had, including possibly being
autistic, ADD, PDD.
Q What you are telling me is that he got a copy of
that 'report?
A He got a copy, he never contacted anybody to ask
any questions.
Q The question to you is why did you schedule an
appointment at Johns Hopkins in Baltimore for an evaluation
and not talk to my client about it?
A Because I felt that if he wanted to be involved,
he would have contacted somebody.
Q How was he to know that you took any steps at all
to contact anyone unless you told him?
A Because on a weekly basis his speech therapist
makes a report. I am given a copy, Mr. Chappell is given a
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copy. If he read those reports, in those reports -- Lisa
McCarty even says in some of these reports, let me know how
your appointment at Johns Hopkins goes, I understand you have
an appointment on June 3rd at Johns Hopkins. I felt that if
he read those reports and was concerned, he would call me.
Q Your decision to enroll your son or to direct that
the Intermediate Unit records for your son be sent to
Susquehanna Township, did you consult with my client about
that?
A Julia Kelly
Q Yes or no.
MR. WAGNER: I am going to object to the form of
the question, because the form of the question is such that it
infers that she directed that they be sent, when the question
should be, how did they get there, because she can't answer
that the way it is asked.
MR. CONNELLY: I can answer the question,
THE COURT: She was trying to answer it, I am not
sure whether she was going to say your premise isn't right or
not. Is the premise of the question right, did you direct
that the records be sent?
A No, I did not.
BY MR. CONNELLY:
Q How in the world did the Intermediate Unit back in
October, is that when this action was taken with Susquehanna
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1 Township?
2 A
3 January.
4 Q
5 A
6 Q
No, I was not asked what my address was until
You didn't move until February though?
I knew I was moving in August.
How did the IU know to send information to
7 Susquehanna Township if you didn't tell them?
8 A Because Julia Kelly asked me what my address was
9 going to be.
10 Q So she knew you were moving?
11 A Yes.
12 Q Did she just presume your son was going to be
13 enrolled at Susquehanna when you two shared custody?
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A Julia Kelly knows we share custody. She asked me
what my address was, and I gave her my address.
Q You had no idea they were going to involve
Susquehanna Township in what they described as a transition
meeting to talk about Chase attending Susquehanna Township?
A I knew she asked for my address because she was
involving Susquehanna Township.
Q Did she tell Craig that?
A No. Did I tell him I was moving?
Q No. Did you tell him the records from the
Intermediate Unit were going to be sent to Susquehanna
Township?
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A No, we don't speak.
Q Are you aware based on your shared custody
arrangement that Chase has an option to go to either the
school in the district in which Craig resides or the school in
the district in which you reside?
A Yes.
Q Did you go to Cumberland Valley and look at the
school options to determine the location he would attend at
school there?
A I went to a meeting that Cumberland Valley offered
for children transitioning from the Intermediate Unit to
kindergarten.
Q Do you know what schools are available for that
purpose?
A Yes.
Q Is one of the schools Green Ridge?
A One of the schools is, out of three.
Q
Did you go to Green Ridge and look at the school?
A No, I did not.
Q Are you aware or not that Green Ridge is the
school located closest to the home where Craig lives?
A I am aware of that.
Q But you didn't go to the school, you didn't talk
to the teacher?
A I contacted Maryann King, who is the supervisor or
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director of the special education program, on January 10. At
that point when I had spoken to her, she told me that until
Mr. Chappell and I clear where Chase is going to be going to
school, that until that point they did not want to get
involved.
Q Were you aware I had to direct a letter to the IU
to stop them from having the transition meeting?
A Yes.
Q That was written I believe on the 27th of January,
does that sound right?
A I don't know, I would have to look at my papers.
Q You are telling me on January 10th she told you
they were not going to do anything until you two decided where
Chase was going to go to school?
A When I contacted her, I had left her a message, I
16 neve:C heard back from her. I called her again and when I
17 spoke to her, she says, Well, I have spoken ,to you already. I
18 said, No, you haven't spoken to me., She says, Well, I spoke
19 to a woman who called here for Chase Chappell, I would assume
20 it was his mother. I said, No, if that would have been
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anyone, it would have been my ex-husband's girlfriend calling.
She said at that point that she had spoken to Mr.
Chappell a number of times and that until he and I get this
resolved as far as where Chase is going to be going to school,
that they were not going to proceed with anything with Chase.
19
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2 they?
They had actually scheduled a meeting, hadn't
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A With Cumberland Valley?
Q No, with Susquehanna Township, there was a meeting
scheduled that everyone was going to go to which was cancelled
as a result of my January 27 letter complaining about it?
A No, the meeting was cancelled because the
Intermediate Unit didn't want to be involved until it was
resolved through the Courts.
Q They sent out a notice, didn't they, to you on
February 3rd, that said the scheduled transition meeting is
cancelled, February 3rd. You are telling me January 10th you
were told they weren't going to take any action?
A Cumberland Valley wasn't going to do anything.
Q The IU intended to have the meeting with
Susquehanna Township, correct?
A Correct.
Q
That was the February 3rd cancellation, yes or no?
A Yes, they canceled the meeting.
Q But up until then it was still on, the transition
meeting was going to occur and you were going to attend and
pursue arranging for him to go to Susquehanna Township?
A Yes.
Q Have you gone to Susquehanna Township and looked
at the alternative schools available to him there?
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A Three times.
Q Where?
A Where?
Q What schools?
A Sara Lindemuth is where he would attend school.
Q Why Sara Lindemuth?
A Because they are a learning support program there.
Q What does that mean by learning support?
A Learning support would be like a special education
program, where class sizes would be smaller, they have more
therapists that would be available for Chase.
Q More therapists available. The speech and
language therapists at Susquehanna travel from school to
school, is that correct?
A No, she does not. 'She is at Sara Lindemuth on
staff, her name is Camilla Dodds.
Q She does not go to any other schools, she stays at
Sara Lindemuth?
A I believe she goes to one other school. She would
be able. to meet with Chase four out of the five days that he
would be attending school there.
Q Dr. Lipkin in his recommendation is recommending
that Chase be mainstreamed and just be provided additional
support
A No, that is not
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MR. WAGNER: Excuse me. Objection to the form of
2 the question. Dr. Lipkin has not even testified, I don't
3 believe.
4 BY MR. CONNELLY:
5
Q
Let me ask it in the form of a question. Did Dr.
6 Lipkin in his recommendations regarding Chase's diagnosis
7 indicate educational support services can be provided in a
8 mainstreamed environment?
9
MR. WAGNER: The same objection, it is hearsay,
10
MR. CONNELLY: I am asking her whether -- we are
11 trying to get to the heart of the issue.
12
MR. WAGNER: The answer has to be hearsay, to
13 answer from what was said to her or what she read by someone
14 who is not here to testify concerning the circumstances in
15 which that report was made.
16
MR. CONNELLY: Your Honor, she made a decision to
17 enroll a child in a special education class, and I am asking
18 her whether she did that as a result of a recommendation of
19 her physician or whether she decided that.
I think that is a
20 reasonable question.
21
THE COURT: You may ask it for that limited
22 purpose.
23
A
The reason I made that decision is because the
24 Intermediate Unit has made that decision that that is what
25 Chase will need for the following kindergarten year.
if
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2
Q They have been supplied with Dr. Lipkin's report?
A Yes, they have been.
Q Who gave it to him?
A I have. I made copies and gave it to them.
Q They have made the decision and you have made the
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7 decision that Chase should be at Sara Lindemuth in this
8 special education support class, My client wasn't involved in
9 that decision, was he?
10
All Craig has to do
A
11
No, I am asking you if he was involved in the
Q
12 decision?
13
In what decision?
A
14
Q
The decision that the school the child would go to
15 and whether would it be mainstreamed with support or special
16
education oriented, was he involved in any discussions about
17
it or the decision to do it?
18
A Mr. Chappell has attended Intermediate Unit
19
meetings where the discussion has been on Chase's progress,
20 It wasn't a decision that I have made for Chase to be in a
21 special education program, it is the Intermediate Unit's
22 decision.
23 Q You made a decision where he was going to go to
24 school. As a matter of course you made a decision as to what
25 class he would be in, you can challenge their recommendation
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2
I saw nothing wrong with me proceeding, making
A
3 arrangements for Chase. The outcome of this is going to be
4 the outcome; but I went ahead, I made arrangements for Chase.
5 Just like Susquehanna Township, LuAnn Shaffer Yeager, when I
6 have spoken with her, told me to proceed in getting Chase into
7 the school, that it would be easier for them to do it now with
8 kindergarten registration than to do it later. The last time
9 that they can do an IEP meeting for Chase is May.
10
Correct, and they cancelled this meeting and
Q
11 rescheduled it for May pending the decision the Court makes,
12 correct?
13
A
Correct.
14
Q
Well, we are back to the same issue. This has
15 gone all the way down the line to even the selection of the
16 school, my client wasn't involved in that decision, correct?
17
A
That is correct, but I wasn't involved in the
18 decision for him to register him in Cumberland Valley.
19
Q Well, he did that after he found out what you did,
20
correct?
21
A There is no way he could have found out that.
22
Q He found out that that was the course of action
23
that was being taken, because he got a notice of the
24
transition meeting involving Susquehanna Township and the
25
parents and the Intermediate Unit, correct? Could one
24
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reasonably conclude from that that he thought you had made a
decision about Susquehanna?
A That is possible.
Q Let's talk about, we are back to Cumberland
Valley, you never went to Green Ridge or looked at the school,
correct?
A Correct.
Q Did you ever speak to anyone that taught there,.
speech and language therapy, the principal, anyone at that
school?
A Yes, I made some phone calls this week. I spoke
to the principal, he gave me the name of the director of
people services, Mrs. Schneider, I spoke with her. I asked
her different questions about their special education
program
Q Why now
A -- for three different schools that Chase could
actually attend, depending on what the outcome of his IEP
meeting would be. It would either be Monroe, Green Ridge and
then there is another one in Carlisle.
Q Why now, why not October, November, check out
these schools, talk to the individuals, find out what was
available, why are you doing it this week before a hearing is
held?
A Well, because I was under the assumption that, and
25
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I was told that the school that Chase would be going to was
Green Ridge, and I got information the end of last week from a
mother who has a special needs child
MR. CONNELLY: I will object to this, Your Honor
MR. WAGNER: He asked the question, let her
answer. He doesn't like the answer
MR. CONNELLY: This isn't checking out Green
Ridge. Now she talked to a mother of a kid, when we are
talking about why she didn't do it before, not why she is
doing it now. Why wasn't it done before? Why was it done
last week?
THE COURT: Your objection, Mr. Connelly, to the
answer is overruled.
BY MR. CONNELLY:
Q Go ahead.
A The information that the mother gave me concerned
me because I was unaware that Cumberland Valley was so large,
that it wasn't just Green Ridge that Chase could possibly
attend, that it was also these other two schools that he could
attend, and that concerns me because they are a.distance.
Q Did you talk to my client about whether the child
was pre-enrolled at Green Ridge and could attend there after
the Intermediate Unit had their consultation?
A No.
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Q So you are told by somebody else that there was a
possibility there is two other schools. You didn't talk to
Green Ridge, who told you that he was pre-enrolled there and
would be able to attend there? Yes or no, did you talk to
Green Ridge, either the speech and language therapist or the
principal?
A Yes, I spoke to the principal.
Q And they told you that he mayor may not attend
there?
A What they told me was that -- the learning support
program for Green Ridge right now, the maximum number of
people that they can take is 15, they are at their maximum of
15.
Q Are you telling me they said he isn't
pre-enrolled, he isn't part of what they are anticipating can
be in that school? I mean it depends on how you ask the
question what answer you got.
A
Because he hasn't had his IEP meeting yet, there
is no way he could be listed in their learning support
program.
Q Well, is it safe for us to assume that if we need
to have the Court contact the principal we could find out the
clear answer as to whether he can go there
A The principal gave me the name of the director of
People's Services, Mrs. Snyder. He wasn't really able to
27
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1 answer a lot of my questions.
2
Q
He wasn't as the principal of the school able to
3 answer your questions as to how many kids were in the learning
4 support group
5 A No.
6 Q -- and how many are eligible for it?
7 A No.
8 Q You mentioned earlier that you -- you were not
9 definitive about how you were enrolling Chase in the Goddard
10 School, you mentioned you were going to put him in for several
11 days but not necessarily what days.
I am confused about this.
12
A
I am confused also.
13
Q
I asked you whether you tried to enroll Chase at
14 the Goddard School without consulting with my client. You
15 said, yes, that you had. Then it became a question of how
16 many days he was going to be enrolled and then you decided not
17 to do it at all?
18
A
I really can't remember.
I never gave them a
19 definitive answer as to whether Chase would be going there or
20 not.
I never gave them a deposit.
I spoke to them, I visited
21 the school, but I never enrolled him in there.
22
MR. CONNELLY: Your Honor, I only have one copy of
23 this.
I didn't think it was going to come up. We can, I
24 assume, make copies at a break.
I would like to mark this as
25 Petitioner's Exhibit 1.
28
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1 THE COURT: Let's call them Plaintiff's and
2 Defendant's.
3 MR. CONNELLY: Fine, he would be Defendant,
4 correct?
5 THE COURT: Correct.
6 MR. CONNELLY: Petitioner/Defendant.
7 (Defendant's Exhibit No.1 marked for
8 identification.)
9 BY MR. CONNELLY:
10 Q I am showing you a document marked Defendant's
11 Exhibit No.1. It appears to be a cash receipt from the
12 Goddard School dated April 30, 2002, where you registered
13 Chase, gave them a check, and the note on it indicates, thank
14 you for enrolling Chase in the Goddard summer camp. Does this
15 refresh your recollection? You said you didn't give them any
16 money and you didn't enroll him. That document says that you
17 did, and it was a Tuesday through Friday enrollment, is that
18 correct?
19 I A They wanted when I went to -- you are right, and I
20 had forgotten about this -- they wanted $65 for registration,
21 and then they wanted the full first month's tuition to then
22 enroll him there. This was a registration fee, I had to fill
23 out an application. In order to fill out the application, I
24 had to pay them $65.
25 Q You said before you didn't enroll him and you
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didn't pay any fee, this refreshes your recollection?
A I did not enroll him. This was a $65 registration
fee for me to fill out an application. I had forgotten about
that, that was non-refundable also.
Q Will you read the first sentence in the letter
directed to you, Dear Barbara, what does it say?
A It says: Thank you for enrolling Chase, but I
didn't enroll him.
Q So if this person wrote this, it indicates that he
was enrolled for four .days a week, Tuesday through Friday, and
you are saying it didn't happen?
A It didn't happen.
Q Summer camp fee will be $140 per week billed
monthly?
A Yes.
Q You just never sent it?
A No.
Q They ever sent you a bill?
A No. I contacted them, let them know that I had
changed my mind and they said, well, your $65 -- now that I
see that, I remember, and they said your $65 is non-refundable
and I said that was fine.
Q You made the decision and then you changed your
mind, you never consulted with my client about
A Yes, I told Mr. Chappell that I was not going to
30
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1 send Chase to school there because he got very angry.
2
First of all, you didn't tell him you enrolled
Q
3 him, then you told him you changed your mind and weren't going
4 to send him?
.
5
I never said that I didn't tell him that I was
A
6 going to the Goddard School to check it out.
7
Did you ever send your child to Hershey Medical
Q
8 for any kind of evaluation?
9
I had spoken to Hershey Medical Center. I had
A
10 called my son's pediatrician, at the time it was Dr. Daly.
11 When I got the report from the Intermediate Unit psychologist,
12 that was my first step to take was Hershey Medical Center.
13 When they put me on a waiting list for 6 months, I called Dr.
14 Daly back and asked him if there was anywhere else that he
15 would recommend.
16
Q
What did he tell you?
17
A
He recommended Johns Hopkins.
18
Q
You contacted Hershey and were on a waiting list,
19 but never informed my client, did you?
20
A
No.
21
Q You got another hospital, which is Johns Hopkins,
22
and you went there for a visit and didn't inform my client,
23
yes or no?
24
A No. Mr. Chappell could have done the same if he
25
read the report.
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1 Q Up until February 1st of this year you have lived
2 in the West Shore area, Camp Hill area where your business is?
3 A Yes.
4 Q Ever live on the East Shore prior to February 1st
5 of this year?
6 A No.
7 Q Who lives with you?
8 A Mr. Glen Brown and my son.
9 Q Mr. Brown I assume owns the residence you moved
10 into?
11 A Correct.
12 Q Up until February of this year, Chase hasn't lived
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anywhe.re else but the West Shore/Camp Hill area, correct?
A Correct.
Q Where does your family live, where do your parents
live?
A In Camp Hill.
Q
Do you have any relatives that live in the
Susquehanna Township School District?
A No.
MR. CONNELLY: No other questions of this witness,
Your Honor.
MR. WAGNER: I have a few to follow up.
CROSS-EXAMINATION
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BY MR. WAGNER:
Q Brookside School where Chase is enrolled, is that
affiliated with any school district such as Cumberland Valley,
East Pennsboro, Cedar Cliff or Camp Hill?
A No, it is a school.
Q It is a private independent school, is that right?
A Correct.
Q Children who go through the
MR. CONNELLY: Objection to the leading nature of
the question.
MR. WAGNER: It is his witness, I am
cross-examining his witness.
THE COURT: I have never known the answer to that
question when you call somebody as of cross. I guess the
safer thing would be not to lead if you can avoid it.
BY MR. WAGNER:
Q To the best of your knowledge after children leave
the Brookside Montessori School, where do they go for
kindergarten or elementary school?
A The children at Brookside come from all different
areas, I mean they come as far as 40 miles some travel.
Q You have talked about the Capital Area
Intermediate Unit or the Intermediate Unit providing learning
support for Chase. Is that Intermediate Unit affiliated
exclusively with the Brookside MontessQri School?
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A
Q
A
No.
They are independent of Brookside?
Yes.
Q Are they affiliated with other school districts or
provide their service if children go to other school
districts?
A Yes.
Q So by Chase going from Brookside Montessori to
Susquehanna Township, he would retain the same contact with
Capital Area?
A No. When children get to be of kindergarten age
in the school system, then it is turned over to that district
to provide their own therapy.
Q So then whether he would go to Susquehanna or
whether he would go to Cumberland Valley, the Capital Area
Unit would turn Chase over to that particular school district?
A Correct.
Q I believe you told us that as a follow-up to the
forwarding of records to the Susquehanna Township School,
those records were forwarded from where?
A From the Intermediate Unit, from Julia Kelly.
Q You had mentioned the name Julia Kelly, what is
her role with the Intermediate Unit?
A Julia Kelly is considered to be an inclusion
consultant. She is also a supervisor and coordinator of the
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1 special education program.
2
3
Of course, she is independent of Brookside but
Q
affiliated with Capital Area?
4 A Correct.
5 Q She asked you where you would be living?
6 A Yes.
7 Q What prompted her, if you know, asking you the
8 question where you would be living?
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A Because they were getting ready for the IEP
meetings and they needed to know where they needed to send the
paperwork.
Q IEP is an acronym for what?
A It is an Individual Education Plan.
Q Is an IEP, this Individual Education Plan,
something that is necessary, to the best of your knowledge, in
order to place your son, Chase?
A Yes, whenever there is a child who receives
whenever there is a child who receives services through the
Intermediate Unit, whenever they go through transition into
kindergarten, there is always a meeting called an IEP meeting
with the school district so they know best where to place the
child.
Q In this instance Capital Area established an IEP
meeting with Susquehanna?
A Yes.
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Q
I understand even though -- that was set up by
2 whom?
3
A
That was set up through the Intermediate Unit.
4
Q
So Capital Area set up a meeting with Susquehanna,
5 did they notify Mr. Chappell of this meeting?
6 A Yes.
7 Q They notified you of this meeting?
8 A Yes.
9 Q And it cancelled?
10 A Yes.
11 Q It was cancelled because Mr. Chappell's lawyer
12 cancelled it, is that correct?
13
A
Barbara Piersons, who is the coordinator at the
14 Intermediate Unit, when I spoke with her -- when they received
15 Mr. Connelly's letter, they became a bit threatened, they felt
16 that they would wait until all the Court proceedings, until
17 they would do anything.
18
Q
So the point is an educational meeting is set up
19 with Susquehanna, Capital Area, mom and dad, to talk about
20 Chase, is that correct?
21
A
Yes.
22
Q
Instead of dad attending, he has dad's lawyer
23 write a letter and the meeting gets cancelled?
24
A
Correct.
25
Q
That meeting, as we sit here today, April 9th, has
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still yet to be scheduled, correct?
A Correct.
Q Has there been any such meeting to the best of
your knowledge then established with Cumberland Valley to,
which you have been invited?
A No.
Q So to the best of your knowledge as we sit here
today there has been no IEP set up for Chase at Cumberland
Valley?
A No.
Q No, you don't know
A No, there has not been one set up.
Q The Intermediate Unit from your knowledge is
necessary to determine enrollment and placement, is that
correct?
A Correct.
Q You have not been advised,that there has been an
IEP done for Cumberland Valley, have you?
A No.
Q When you contacted Cumberland Valley, is it my
understanding that you were -- that it was indicated to you
that until there was an IEP, Cumberland Valley wouldn't know
where to place your son?
A Correct.
Q
He could be at Monroe. Do you know where Monroe
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2
A
It is two miles shy of Boiling Springs.
3
Q
Was the other one Middlesex?
4
A
Yes.
5
Q
Do you know where that is?
6
A
Just right outside of Carlisle.
7
Q
The third one was Green Ridge that Mr. Chappell
8 has been talking about?
9
A
Correct.
10
Q
Your understanding from the school district that
11 Mr. Chappell
12
THE COURT: These are so leading that I am not
13 hearing anything from the witness, I am just hearing what your
14 views of the case are, so why don't you try to make it
15
MR. WAGNER: Mr. Connelly was afford that
16 opportunity, I think I should be afforded that opportunity, it
17 is his witness.
18
THE COURT: All right. We will take a short
19 recess and I will research the issue as to whether you can ask
20 leading questions of your own client when the client has been
21 called as of cross, I don't know the answer.
22
MR. WAGNER: I will refrain from doing it to save
23 the research.
24 BY MR. WAGNER:
>
,
25
Q
Have you meet on a regular basis with the persons
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1 from Capital Area intermediate's -- the various support staff?
2
A
3
4 them?
5
Yes.
Q
How often in this school year would you meet with
A
I talked to Julia Kelly probably on a weekly
6 basis, depending on when she goes in to see Chase in school,
7 because she only goes once a week. It depends which day she
8 goes if I see her at school or not. She always leaves a
9 report, so if there is any concern I will always call her and'
10 ask her about her report.
11
12
13
Q
Do you go to the school?
A
Yes.
Q
When you are at the school, do you go there
14 unexpectedly or go for meetings, scheduled meetings?
15
16
17
A
To Chase at school, Brookside?
Q
Yes.
A
There have been scheduled meetings there through
18 the Intermediate Unit. There have also been when I have gone
19 when I know his therapists are there that I watch so I can
20 learn to see what they are doing with Chase.
21
22 attended?
23
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24 there.
25
Q
How many scheduled meetings does Mr. Chappell
A
He has attend the Intermediate Unit meetings
Q
Other than the meetings, are you aware of whether
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1 or not he has attended any other matters at the school?
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No. I know I have spoken with his occupational
A
therapist, Barbara Kline. Every time she goes out to see
Chase I have asked her or she has actually offered to call me,
because I had asked, to let me know how Chase is doing. To
this date she says that Mr. Chappell
MR. CONNELLY: Objection, Your Honor, it is
hearsay.
THE COURT: Sustained.
BY MR. WAGNER:
Q You were asked the question about the therapist by
the name of Bonnie Howard, do you remember the question asked
by Mr. Connelly?
A Yes.
Q Was that, do I understand your testified that she
was a ,referral from Dr. Darowish?
A Yes.
Q Your testimony, as I understood it, I wanted it to
be clarified, was you did not advise Mr. Chappell of the
meetings with Ms. Howard because why?
A Because she had told me that she would contact Mr.
Chappell when she felt that -- when it was the right time for
him to be involved.
Q Finally, there is a report that you talked about
that was developed I believe at Johns Hopkins --
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A Yes.
Q -- that diagnosed your son with several different
potential conditions, is that correct?
A Correct.
Q Did Mr. Chappell get a copy of that report to the
best of your knowledge?
A Yes.
Q Did he ever discuss that report with you?
A No.
Q Was there anything in that report that suggested
types of therapy or counseling or follow-up treatment that
Chase was to receive?
A Yes, actually, Dr. Lipkin felt very strongly that
Chase, if it was possible, attend a speech and language
kindergarten program.
Q As a result of the content of that report, did you
follow through with the recommendations of Dr. Lipkin?
A
Yes.
Q Do you know if Mr. Chappell followed through with
any of those recommendations?
A I do not know.
Q Did Mr. Chappell ever talk to you as the father of
the child, you as the mother, about the content of that report
to coordinate any kinds of follow-up counseling or treatment?
A No.
41
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Q
Did he ever at any point, Mr. Chappell, ask you if
2 you followed up in any of the recommendations from Dr. Lipkin?
3
A
No.
4
Q
Has he complained to you when you followed up with
5 the recommendations as set out by Dr. Lipkin?
6
A
No.
7
MR. WAGNER: Thank you.
8
THE COURT: Mr. Connelly.
9
MR. CONNELLY: Two quick questions regarding the
10 things she just raised on recross or redirect or whatever you
11 call it.
12
13 REDIRECT EXAMINATION
14 BY MR. CONNELLY:
15
Q
You were given two names by Dr. Darowish at a
16 meeting when Mr. Chappell was present, right?
17
A
Yes.
18
Q
Talked about therapy. Who were the two names?
19
A
I have tried to remember what the first name was
20 that they had given me. I just remembered Bonnie Howard
21 because when he said that she was with Riegler and Shienvold,
22 I was familiar with them since we had already been there to
23 see them.
24
Q
Before you called Bonnie Howard, before you ever
25 spoke to her, before you ever had the initial consult where
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she discussed with you contacting Mr. Chappell at,a later
time, did you ever advise him you had selected Bonnie Howard
as the person to go to?
A No.
Q So for all he knew you could have gone to the
other person whose name you don't remember?
A If he wanted to know, he could have called me.
Q Did you ever give him at any point the name of the
person you went to or did, you tell him it was none of his
business?
A I never told him it was none of his business.
Q Did you ever tell him the name?
A He never asked for it.
Q As to this cancellation of the Intermediate Unit
meeting, you do recall the letter we are discussing that I
drafted to the IU?
A Yes, I do.
Q They considered it in your words threatening?
Where did that come from?
A Barbara Pierson, who is a supervisor at the
Intermediate Unit, I had a long discussion with her. After
they received your letter, they felt that it was in their best
interest, the Intermediate Unit, after her speaking with her
boss, that until this got resolved through the Courts, that
they felt the best thing for them to do was to stay out of the
43
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1 proceedings until it was resolved through the Courts.
2 Q Did you have a problem with that?
3 A Did I have a problem with them cancelling the
4 meeting?
5 Q Did you have a problem with them staying out of it
6
7
8
9
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11
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until the court decided it?
A I was very disappointed that they cancelled the
meeting.
Q Do you recall the contents of the January 27
letter I wrote to Julia Kelly?
A No, I don't remember.
Q You were provided with a copy?
A Yes.
MR. CONNELLY: Have this marked as Defendant's
Exhibit 2.
(Defendant's Exhibit Nos. 2 and 3 marked for
identification.)
18 BY MR. CONNELLY:
19 Q I put in front of you documents marked Defendant's
20 Exhibit Nos. 2 and 3, Defendant's 2 is a January 27 letter. I
21 advised the district that I represent Mr. Chappell.
22 There was testimony earlier, Mr. Wagner asked you
23 on cross about whether there was a meeting scheduled for
24 Cumberland Valley that you were told about or a meeting
25 scheduled for Susquehanna, he and you went through those
'>1'\1_
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questions, do you recall that?
A Yes.
Q You do note in this letter where I gave the
Intermediate Unit the option of scheduling a meeting with each
district or cancel the scheduled meeting until Judge Oler
rules on the order. You are aware that I gave him the option,
just have two meetings, and then the judge can decide later,
right?
A Correct.
Q They decided we are not going to have two
meetings, we are going to cancel?
A Correct.
Q In the memo they sent out, which is Defendant's 3,
they said, the scheduled transition meeting with Chase
Chappell is cancelled, although efforts were being made to
have a joint meeting with two school districts to share the
information, it seems best at this point to wait until the
parents reach a conclusion about this school district
registration. I understand there is a hearing in Cumberland
County scheduled for April of this year.
They further say that they will -- the sharing of
information with the school district about Chase's strengths,
needs and progress will occur during the next round of
transition meetings, those are held in May.
Initially, they were considering the possibility
45
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1 of talking to both districts. Would you have had a problem
2 with that?
3
A
No.
4
Q
They ultimately made the decision to cancel both,
5 correct?
6
A
After they received your letter.
7
Q
Right, but they were given the option, in my
8 letter, were they not, to meet with both?
9
A
Correct.
10
Q
They decided not to?
11
A
(No reply.)
12
THE COURT: There was no answer to the last
13 question. They decided not to?
14 A No.
15
MR. CONNELLY: The answer was, yes, they decided
16 not to.
17
MR. WAGNER: The answer was, no, they didn't
18 decide not to.
19
THE COURT: I think she answered the question. We
20 are about mid point during the hearing, so we will take a
21 short recess and resume.
22
MR. CONNELLY: Your Honor, I am finished with my
23 questions of this witness.
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24 MR. WAGNER: And I have no further questions of
25 her at this time.
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THE COURT: You may step down.
2
(Recess) .
3
MR. CONNELLY: I think I will call Craig Chappell,
4 Your Honor.
5 (Witness sworn.)
6
THE COURT: Before we start, Mr. Connelly,
7 specifically, what relief are you requesting today?
8
MR. CONNELLY: I am requesting that the Court,
9 since the parties have not agreed on where the child should be
10 enrolled, that the Court direct a resolution of that issue.
11
THE COURT: Am I going to hear something about a
12 comparison of the two school districts?
13
MR. CONNELLY: Yes.
14
THE COURT: When?
15
MR. CONNELLY: From my client. A lot of this is,
16 obviously, anecdotal. There is very little difference in the
17 districts in reality. There is some specific differences,
18 which my client is aware of; but from an overall functioning,
19
there is not a dramatic difference. There is specifics as to
20
this situation.
21
THE COURT: Okay.
22
CRAIG ROBERT CHAPPELL,
23
having been duly sworn, testified as follows:
24
DIRECT EXAMINATION
25
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BY MR. CONNELLY:
2 Q State your name for the record.
3 A Craig Chappell.
4 Q Where do you live, Mr. Chappell?
5 A 732 Colonial Court in Mechanicsburg.
6 Q How long have you resided there?
7 A About three years.
8 Q What is your sonls name?
9 A Chase.
10 Q His date of birth?
11 A April 4, 1998.
12 Q You have heard Barbara Chappell testify about his
13
14
15
16
17
18
19
20
21
22
23
24
25
physical problems. Has she accurately depicted them?
A Yes.
Q How long have you and Barb been separated, when
did you actually separate from living together?
A I believe it was January of 2000.
Q
How old was Chase at the time?
A About a year and five months.
Q ,At this point in time had his problems been
identified?
A We knew that there was some issues that we were
concerned about; but shortly after our separation, I would
guess probably within a month, we had a group meeting at his
day care in which folks from the Intermediate Unit were there
48
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1 and they tested him on a variety of different levels,
2 cognitive thought process, things of that nature. So it was
3 around probably February of 2000 when we had our first formal
4 evaluation.
5
You were involved in that?
Q
6
A
Yes, I was.
7
Prior to that did you attend Chase's doctor visits
Q
8 and his well-baby checkups and that sort of thing?
9
A
Yes.
10
Q
How are you employed?
11
I have recently taken a position with Countryside
A
12 Publishing.
13
What does Countryside Publishing do?
Q
14
A
They design web sites, corporate brochures and
15 interactive CD-Roms for the builder community.
16 Q What is your territory with this company?
17 A Cumberland County.
18 Q What do you do, physically do?
19 A I create new relationships or sales services to
20 builders.
21
Q
The first involvement with this Intermediate Unit
22 you testified to, that meeting at his school, day care center.
23
A
Sorry, repeat.
24
Q
The first involvement with anyone doing a
25
diagnosis of this problem.
49
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A
Q
Yes.
Since then, when anything has occurred that
3 involves Chase, are you involved in it?
4 A To my knowledge I am. I have requested -- spoken
5 to some folks at the Intermediate Unit as recent as January, I
6 spoke to the executive director and expressed frustration
7 about not getting documents in a timely fashion and I asked to
8 meet with them.
9 I do have a five-inch diameter notebook where I
10 keep every single piece of document regarding Chase's therapy,
11 and the IU, in chronological order.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Currently the custodial arrangement is, as Barb
Q
testified, you have Tuesday and Wednesday and every other
weekend Friday to Sunday, and she has Monday to Thursday?
A That is correct.
Q With the exception of the lack of communication
here, has the schedule worked okay?
A
Yes.
Q We are here today raising the issue of the
selection of a school for Chase, which, apparently, you and
Barb disagree on, is that fair to say?
A Yes.
Q Can you describe for the Court in the past since
you and Barb separated, up until now, the unilateral decisions
she has made without consulting with him?
50
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1 THE COURT: I will tell you, we are so short on
2 time. I am satisfied that Ms. Chappell is not consulting
3 with--
4 MR. CONNELLY: Okay, fine, Your Honor.
5 THE COURT: Mr. Chappell; but I don't have any
6 basis to decide which school district would be better.
7 MR. CONNELLY: I am going to get to that issue.
8 THE COURT: And I am not prejudging the issue of
9 whether there has been much consultation; but really, my job
10 is to try to figure out which $chool district is best for the
11 child.
12 MR. WAGNER: The difficulty with that is going to
13 be we have no one here from either school and everything he
14 presents is hearsay.
15 MR. CONNELLY: The bottom line is that there is
16 going to be enough anecdotal evidence of where these people
17 resided. If you have nothing else to work on, you could work
18 on the premise of what is the history and were they lived and
19 what the convenience involved is.
20 , MR. WAGNER: Convenience is not a best interest
21 issue, convenience is a parental issue.
22 THE COURT: Obviously, I will hear whatever is
23 presented, but I think I heard enough on the issue of whether
24 there is consultation involved
25 MR. CONNELLY: Okay.
51
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BY MR. CONNELLY:
Q When were you aware a decision had to be made as
to where Chase was going to attend school?
A The exact date I will have to pull up on my notes,
if you need that I will --
Q No, just generally.
A It was the end of October is when I first became
cognizant of --
Q All right. Did you take steps to check out each
of these schools?
A Yes, I did. I started actually the following
week. I called the IU, had them give me the names, addresses
and phone numbers of the appropriate schools that they thought
that Chase could go to, scheduled a tour and visited all three
of them, spoke with the actual teacher.
Q Let's slow down. All three of them, what schools
did you actually go see?
A
I went to Green Ridge Elementary, I went to Anna
19 Carter in Susquehanna Township, and I went to Sara Lindemuth.
20 Q Describe for the Court what you observed at each
21 of the schools, the physical plan, what you saw, who you
22 talked to?
23 A I found the Cumberland Valley school to be new,
24 modern and clean. I found the environment to bright and
25 colorful, which I think is an advantage because of the
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materials that we have received from various therapists and
doctors in the IU. They say with Chase's type of disorder,
you need to have variety
MR. WAGNER: Objection. We are going to get into
a question of what therapists and counselors say and the
relationship that has with the brightness and color. I object
to that.
THE COURT: Mr. Connelly.
MR. CONNELLY: We will move on.
THE COURT: The objection is sustained.
A I also think that the environment in Cumberland
Valley is a new, clean modern facility and much more --
similar to our home environment.
Both the Susquehanna schools were older, run down,
dull and dingy. I personally would not want to go there and I
would not want my son to go to these type of environments.
BY MR. CONNELLY:
Q Had you talked to each of the teachers?
A Yes.
Q How would you describe the teacher at Cumberland
Valley?
A Ms. Shaffer was young, bubbly, bright, just very
personable. I believe in my heart that Chase will interact
with her so much better. The other two teachers were older,
not that that is bad, but they just seemed not to be so
53
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1 engaging. I think with a little guy with his type of learning
2 disabilities, I think he will just tune them off and go about
3 his own business.
4
As far as support provided in these schools, there
Q
5 was a question here about the speech and language therapy
6 provided. And I believe the testimony from Barbara was that
7 Sara Lindemuth, where he would be placed based on this special
8 education concept, has a speech and language therapist there.
9 Did you research the issue of availability for speech and
10 language therapists at each of the schools?
11
Absolutely. I was told that
A
12
MR. WAGNER: Objection.
13 BY MR. CONNELLY:
14
Q Did you determine by the records that'there was a
15
speech and language therapist at Cumberland Valley?
16
MR. WAGNER: Objection, that is going to be
17
hearsay. Whatever he relied on in the form of a record, a
18
report or anything given to him by the school constitutes
19
hearsay.
20
MR. CONNELLY: Your Honor, we are trying
21
MR. WAGNER: If we are here to compare schools,
22 then we need the person that prepared the reports or prepared
23 whatever documents are being relied on; not just, I read
24 something, someone told me something. It is all hearsay and I
25 object to that.
54
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MR. CONNELLY: That is exactly what mother didn't
2 make in her decision, Your Honor, you have to have something
3 to compare with; otherwise, I agree with you, maybe you can't
4 make the decision, that means this kid doesn't go to school
5 until we bring all the school officials, which may be the
6 case, but I think you can hear what he observed.
7
THE COURT: I can hear what he observed, but not
8 what somebody told him.
9
I observed a speech and language clinician that is
A
10 dedicated to the Green Ridge Elementary facility. In fact, I
II met with this woman in her office, which was adjacent to the
12 elementary class that I was in, so it was the very next room
13 down the hall.
14 BY MR. CONNELLY:
15
Q
What about Susquehanna, was there a speech and
16 language clinician there?
17
A
No one was there at the time of both appointments;
18 and it is my understanding that they float around to multiple
19 facilities.
20
Q
What about this issue of Chase in mainstreamed
21 class versus special education. What has been testified today
22 is that Barb has made a decision to place him in Sara
23 Lindemuth because of this, in quotes, special education.
24
MR. WAGNER: I object to the form of the question,
25 because there was no testimony that the decision was made by
55
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1 my client to place him in Sara Lindemuth because of a
2 mainstreaming or any special
3
THE COURT: The objection is sustained. You can
4 just ask the question, Mr. Connelly.
5 BY MR. CONNELLY:
6
Do you want your child to be placed in a special
Q
7 education class or do you want him mainstreamed?
B
I am very adamant about our son being placed in a
A
9 mainstream class with speech and language support. I have
10 consulted with a number of folks who know him, two of the
11 therapists that Chase knows best or that know him best, I have
12 consulted them for their opinions; also Dr. Lipkin's report
13 from Johns Hopkins clearly states the same exact thing, and I
14 have a copy of the report if you need it.
15
Q
Will the Intermediate Unit when discussing with
16 the school selected make a determination based on all those
17 factors, to your knowledge?
18
A
Yes, including parent input.
19
Q
Have you and Barb ever discussed that issue?
20
A
No, we have not.
21
Q
Let's talk for a moment about location, Barbara --
22 and you have already determined the distance between the Green
23 Ridge School and Barbara's work, your home, Barbara's home,
24 the consept of what travel is involved in taking Chase
25 different places.
.
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Yes, I have done quite a bit of research.
Have you physically driven so that you know the
A
Q
distance involved?
A I have physically driven to all of them, p+us I
printed off map quests so that you have some third party
documentation.
Q What is roughly the distance between your home and
the Green Ridge School?
A 3.46 miles.
Q What about between your home and the Sara
Lindemuth School?
A 15.9.
Q What about Barbara's work on the West Shore and
the Green Ridge School?
A
Q
7.02 miles.
And Barbara's work and the elementary school in
17 Susquehanna Township?
18 A 14.05 miles.
19 Q Are ttlere occasions when Chase needs things at
20 school or needs to be picked up at school?
21 A Yes, today was a prime example.
22 Q What do you mean?
23 A He spilled some stuff on him today and prior to
24 coming to meet you for lu'nch, I had to run him some clothes.
25
Q
From Chase's perspective this would be a more
57
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convenient option for you to be able to get back and forth to
the school if something occurred?
A Oh, absolutely, and that is one of the reasons
that I accepted this position. He is only five, if he should
get ill at school, become sick and vomiting, we want to get
him comfortable and get him home as fast as possible. If he
should have an accident, God forbid, and require emergency
assistance, I am sure that both of us want to be as close to
him as possible wherever he is going to school. We don't want
to have to cut you across the Capital Beltway and fight
traffic or whatever that the case might be. That is one of
the primary reasons for me to be here today, I just don't
think it is in his best interest.
Q What about family support in the area, I asked
Barbara about where her family is, they are all in the West
Shore area.
A They are.
Q
What arrangements have you checked into as far as
Chase, number one, have you checked into Green Ridge's
availability?
A Yes, I did so again at 1:30 this afternoon.
Q He is able to go to Green Ridge Elementary?
A Yes, I spoke with Mr. Smith, the principal.
MR. WAGNER: Objection, that answer called again
for some hearsay information. I hate to badger, but the crux
58
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of this is coming from hearsay.
THE COURT: Mr. Connelly, do you have a response?
BY MR. CONNELLY:
Q Would the principal be available for the Court to
determine Chase's eligibility independent of your testimony?
A He suggested it and said he would be there all day
and knew the judge.
Q The principal's name is Smith?
A Yes.
Q What about Chase's arrangements before and after
school if he attends Green Ridge, what have you checked into?
A Green Ridge has a relationship with the Capital
.
Area Christian Church, the church provides day care before
school starts, and after school starts.
Q You mean after school ends?
A After school ends, excuse me. And in fact, the
relationship is such that Green Ridge provides the
18 transportation. So if Barbara were to drop him off in the
19
20
21
22
23
24
25
morning at the church, Green Ridge will come over and pick up
all of the Green Ridge children and bus them back to the
school and then I could pick him up after school. So there is
a real nice convenient environment. I took him there
yesterday and he loved it, they made cookies.
Q There is a spot available for him at this
location?
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A There is a spot available for him for summer and
for fall.
Q Is it fair to say that your research indicates,
with the exception of what you testified to, the school
districts are somewhat comparable as far as test scores,
educational information?
A They are comparable to be honest with you. I
researched, tried to find some units of measure from a number
of sources. The only thing that I could really come up with
was from the Department of Education's web site were the
Cumberland Valley's reading and math scores.
MR. WAGNER: Objection, I apologize to the Court,
again, it is hearsay.
A Okay.
THE COURT: Mr. Connelly.
BY MR. CONNELLY:
Q Are they comparable?
A They are comparable. Cumberland Valley is a
little higher than Susquehanna.
MR. WAGNER: I renew my objection and ask that
that be stricken.
THE COURT: The objection is sustained.
BY MR. CONNELLY:
Q Your issue here is convenience to get to your
child?
60
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A
I wouldn't say convenience, I would say that it is
2 of security, not convenience from my schedule, but I wouldn't
3 want my child to go to school in Lancaster. Granted, this is
4 a little bit more exaggerated example, Lancaster is a more
5 exaggerated example, but it is not my convenience, it is my
6 son's safety and well being, it is what is in his best
7 interest.
8 Q
Your observation of the school and the teachers
9 leads you to believe that Cumberland Valley is the best
10 option?
11
A
By far.
12 Q From a standpoint of his familiarity, his
13 involvement, it has all been in the West Shore area?
14
15
A
Q
That is correct.
Surrounding your work, Barbara's work, the
16 Montessori School and your day care?
17 A Right.
18 Q Where is Tender Years where he attends now?
19 A He is attending Brookside Montessori now.
20 Q Tender Years was in the summer?
21 A Last summer.
22 Q Where was that?
23 A The address was Wertzville Road, still in the Camp
24 Hill area. I think the mailing address was Camp Hill, close
25 to the Enola area.
.
61
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Q
You have been involved in all of Chase's therapy
2 and have tried to work when notified of these things?
3 A Absolutely.
4 Q You heard from Bonnie Howard?
5 A No.
6 Q Were you aware he was going to Bonnie Howard until
7 today?
8
A
Never heard the name until today.
9
MR. CONNELLY: No other questions.
10
THE COURT: Mr. Wagner.
11
12 CROSS-EXAMINATION
13 BY MR. WAGNER:
14
Q
You have heard the name Bonnie Howard before
15 today, haven't you, Mr. Chappell?
i:i
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16 A No, I just said I hadn't heard that name before.
17 Q Isn't she involved with some other child of yours?
18 A That was doctor -- it was a male doctor, not a
19 woman. Sorry.
20 Q You have another child?
21 A I do.
22 Q That child is how old?
23 A Alexia is ten.
24 Q Are you still the legal parent?
25 A I am not the legal parent of that child at this
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time.
Q You have given up that child
MR. CONNELLY: Objection, Your Honor, what is the
relevance
MR. WAGNER: Best interest of the child, it is
shown or suggested to you that he has the best interest of
this child when he comes forward suggesting that the child
ought to go to the school district where he lives. I believe
his overall family life and relationship with other children,
specifically his own, and what has happened to those children
is extremely relevant in this particular issue.
MR. CONNELLY: It is not relevant at all, we are
trying to select a school, talk about far afield.
. THE COURT: You may briefly proceed.
MR. WAGNER: Thank you.
BY MR. WAGNER:
Do you have another child that you gave up for
17 Q
18 adoption?
19 A
20 Q
21 A
22 Q
23 A
24
25
I did.
Where does that child live now?
Orzeeno (phonetic) Road in Mechanicsburg.
What school does that child attend?
I am drawing a blank. I would say Rossmoyne, I
can't think of the name.
Q You don't know?
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A
I am drawing a blank on it.
2
Q
Are you aware of whether or not the Capital Area
3 Intermediate Unit did a psychological evaluation of Chase
4 specifically
5 A Are you talking about early last year --
6 Q In May
7 A -- in May?
8 Q In May of 2002?
9 A No, that is one of the things that I have
10 discussed with Dr. Snyder about not getting all the
11 correspondence.
12
Q
Did you get a copy of the report after it was
13 done?
14
A
Yes, I did.
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Q You saw the report after it was done?
16
A Yes, I did.
17
Q In that did you contact Capital Area Intermediate
18
Unit to suggest that they conduct a psychological without your
19
knowledge?
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A Say that again.
21
Q Did you contact them complaining that they
22
conducted a psychological evaluation of your son and never
23 notified you?
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I had that discussion with Julia Kelly.
25
Q
Did they indicate that they had sent notice to
64
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1 your home and they never heard from you?
2
No, she did not.
A
3
Did you do anything to have a follow-up
Q
4 psychological evaluation since May 15, 2002, to have your
5 input into this report?
6
No, I did not.
A
7
So despite you suggesting that a report was sent
Q
8 to you after the fact and that you contacted Julia Kelly
9 complaining of it, you never went to visit to have your input
10 as part of this psychological evaluation report of your son,
II have you?
12
A
I was not part of that, no, I was not.
13
Q
You never asked after to have input into it, have
14 you?
15
A Into that document?
16
Q Yes.
17
A No, because I thought it was after the fact; but I
18
have asked for the ability to have input and participation in
19 every single meeting that goes on.
20
Q You have talked about since the separation and the
21
relationship that you had with Barbara, and you said that you
22
don't communicate with her?
23
A
I didn't say that.
24
Do you communicate with her?
Q
25
A
No, we don't.
65
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Q Since separation have you been charged with any
criminal offenses?
A Have I been charged?
Q Yes.
MR. CONNELLY: Objection, Your Honor, what is the
relevance there?
THE COURT: Mr. Wagner.
MR. WAGNER: The relevance is if he is suggesting
that some of these things have been done unilaterally without
notification to him, I think I can point out and justify why
some things may have happened and why he was not contacted.
MR. CONNELLY: Once again, Your Honor, there is no
relevance here that the probative valuable of this is totally
insignificant. This isn't a custody hearing, this is to
determine whether or not decisions were made. She is not
abrogated from providing him with shared legal custody
information, regardless of circumstances. If we get into this
we are going to have another hour's worth of testimony about
everyon~'s involvement. I don't think it is relevant.
MR. WAGNER: I don't intend to get into it, Your
Honor.
THE COURT: I will permit the question.
BY MR. WAGNER:
Q Have you been charged with a criminal offense?
A No, those charges were dropped.
66
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1 Q Were you charged?
2 A Yes, I was.
3 Q What were you charged with?
4 MR. CONNELLY: Objection, relevance.
5 THE COURT: If they weren't pursued, they were
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dismissed, I am not really interested.
MR. WAGNER: May I ask what he was charged with?
THE COURT: No. You could bring out through your
witnesses what happened if you want to do that, if she is
somehow involved in the charges.
MR. WAGNER: But then we will have to recall him
to get his version.
THE COURT: Perhaps we will.
BY MR. WAGNER:
Q Sir, you involvement with Capital Area Unit, have
you ever met with Joyce Shellum?
A I have spoken to her.
Q Who is she?
A Exactly what her title is, I don't know, I have to
pull it up, would you mind if I
Q Have you ever talked to Barbara Kline?
22
23
24'
25
A Yes, I have.
Q When?
A I saw Barbara the last -- I would say the last
four to six weeks. As I was dropping Chase off, she asked for
67
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my permission to put a weighted vest on him as a part of his
therapy. I said I had no objection. I don't have -- I did
explain to her that I don't have the sole authority to do
things like that.
Q Other than the issue of the weighted vest, have
you ,ever talked to her about Chase?
7 A Yes, she attended our IEP meetings.
8 Q You have been there?
9 A Yes.
10 Q She is there?
11 A Yes.
12 Q So if we brought her in here she would say you met
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her at least three or four times?
A I think we have had two IEP meetings in the last
quarter of the year, so, yeah.
THE COURT: What is a weighted vest?
A A vest that has weights in it so that he has
pressure against his body.
THE COURT: He would wear the weighted vest?
A Right, it is part of his therapy.
BY MR. WAGNER:
Q You say that she attended these meetings, these IU
meetings, and that is where you met with her?
A If it is the lady that I am thinking of, yes. If
you would let me pull this up, I will tell you.
68
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Sure.
2
Actually, John, I think you might have it, a list
A
3 of all the therapists.
4
Well, she is a therapist, but the question is
Q
5 where you met her.
6
I want to make sure I have the right person to go
A
7 with the name. Joyce Shellem, yes, I think she has long blond
8 hair.
9
I asked about Barbara Kline.
Q
.
10
Sorry. Yes, occupational therapy, that would be
A
11 the lady with the vest.
12
When have you met with her at an Intermediate Unit
Q
13 meeting that you just told us about?
14
I think she attend the last two.
A
15
She attend the last Intermediate Unit meetings
Q
16 with you where you were present and Barbara was present?
17 A To my knowledge, I thought the whole team was
18 there. If I am wrong, then I will say it right now.
19
I am asking you the questions as to the knowledge
Q
20 you have of the people that teach your son. I am asking you,
21 was Barbara Kline the occupational therapist at the
22 Intermediate Unit meetings?
23
A
I realize that, sir, and I am doing my best to
24 answer your question honestly.
25
Q
You don't know, do you?
69
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I have difficulty with names and faces. I know I
A
2 was sitting at a table with five or six woman, whether five or
3 six, I am honest, I won't lie to you, I don't remember if she
4
was definitely there.
5
Q So do you have any independent recollection of any
6
meetings you had with Barbara Kline outside of the
7
Intermediate Unit to talk about your son's well being?
8
A Outside of the Intermediate Unit, no.
9
You visited three schools in October of 2002,
Q
10 three kindergartens?
11
I visited two in December, and I can give you the
A
12 dates; and one in January.
13
I will accept that. My question is, did you ever
Q
14 tell Barbara that you were doing this?
15
A
No.
16
Q So you visited three separate kindergarten
17
schools, never advised her you were doing it?
18
A No, sir.
19
Q
Sir, you placed in your petition, if I may direct
20 your attention to paragraph 6, did you help prepare this
21
petition with your attorney?
22
A I might have given him -- we had a telephone
23
conversation, but I didn't draft it.
24
Q
If I may approach, I want to ask a question, if I
25 can verify this is your signature at the end dated the 10th of
70
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January of 2003?
A That is my signature.
Q Did you review this petition before you signed it?
A I am sure I did.
5 Q Did you think the content of it was true, correct,
6 accurate, and complete?
7 A Can I ask the date that is on the document?
8
9
10
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17
18
Q Sure.
MR. CONNELLY: Your Honor, I will object to the
characterization of complete. What does it mean, complete as
to what?
THE COURT: I don't care what it means, but you
may ask the question.
A To answer the question, I don't remember standing
in John's office on January 10 reading this document. So, no,
I don't remember.
BY MR. WAGNER:
Q
There is a phrase I would like to point out to
19 you, and I am going to ask you if you remember reading this
20 phrase and placing it in the petition: Paragraph 6, pursuant
21 to paragraph 3 of the said order, a psychological evaluation
22 was done by Stanley E. Schneider, ED, Educational Director,
23 Guidance Associates of Pennsylvania, Dr. Schneider recommended
24 in his January 3, 2001, report that the parties continued
25 their shared custody arrangement as set forth in the April 5,
71
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1 2000, order.
2
3
4
5 earlier.
6
A
Okay.
Q
Do you remember reading that?
A
I don't remember reading it again, as I mentioned
Q
Is that a completely accurate statement of Dr.
7 Schneider's report?
8
9
A
I will be honest, I don't remember dates.
Q
I show you Dr. Schneider's report, January 3,
10 2001, top of page 6, and look at that.
11
12
A
Okay.
Q
In there does he not talk also about where the
13 child should go to school?
14
15
A
Sorry, I couldn't understand you.
Q
In that report does he also not talk about where
16 the child should go to school?
17 A You will have to let me read it.
18 Q Please do, top paragraph.
19 A Okay. But it does provide and identify parent to
20 others in Chase's life as he matures into school years.
21
Q
Who does he suggest be identified as that primary
22 caretaker for school identification purposes?
23
24
25
A
Ms. Vokes.
Q
That is my client, Chase's mom?
A
Yes.
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Q You didn't put Dr. Schneider's recommendation that
mom be identified as the primary caretaker for school
identification purposes in your petition, did you?
A Sir, I didn't draft that petition, as I said
earlier.
Q Do you know why ,it was left out?
A
No, sir.
Q Do you recall Dr. Schneider indicating in his
report in January that mom be identified as primary caretaker
for purposes of identifying the school where Chase should go?
MR. CONNELLY: Objection, Your Honor, the report
doesn't say that at all. It doesn't say that.
THE COURT: I don't know what it says.
MR. WAGNER: I will be happy to read it. Although
the parents continue to have a joint physical schedule, I am
recommending that Barbara be identified as the primary
physical custodian. Such identification does not have to
impact the amount of actual time each of them spends with
Chase but does provide and identify parent to others in
Chase's life as he matures into his school years. That is
what he recommended, did he not?
A That is what I read, yes.
BY MR., WAGNER:
Q Despite the recommendation from Dr. Schneider, the
petition that you filed here did not include that, did it?
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A The one that you showed me, no, it did not.
Q Is there any reason that you can give to this
judge why when you prepared your petition asking that this
judge identify you~ school for Chase that you would have left
out that very important part of Dr. Schneider's report?
MR. CONNELLY: Objection, Your Honor, as to
relevance, this report is 2001 when both parties lived on the
West Shore, the circumstances have so dramatically changed
that in order for this to have any weight, Dr. Schneider would
have to do an update; which, if that is what is necessary,
that is fine.
Mr. Wagner is now attempting to say he didn't
draft it the way Mr. Wagner would have liked him to. It is
absurd, it is not relevant, and it is not an issue.
MR. WAGNER: Judge, I don't know that it is
absurd. The issue was presented by these folks when they
identified it in their petition specifically identifying the
report. They made it relevant in their petition, I did not.
I only cross
THE COURT: Mr. Wagner, you are interpreting that
sentence as saying that Dr. Schneider recommends that the
child go to the school where the mother lives?
MR. WAGNER: No, I am saying, I am recommending
that she be identified as a primary physical custodian for
purposes of identifying as a parent to others in Chase's life
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as he matures into his school age, that she be identified as a
primary custodian in Chase's life for purposes of maturation
into his school years. I would be happy to show it to the
Court to look at.
THE COURT: I have heard it about three times.
You can ask him why he didn't put that in his pleading if you
want.
MR. WAGNER: That is the direction I am going.
BY MR. WAGNER:
Q Why would that sentence be left out in your
petition, if you know?
A I don't know; and as I said, earlier, I didn't
draft that petition.
Q The report that was done at Johns Hopkins, that
was Dr. Lipkin, is that correct?
A That was one of two reports that I have.
Q But you saw the report?
A I have a copy here, yes.
Q Were there certain recommendations made in that
report concerning the type of school environment in which
Chase should be placed?
A Absolutely.
Q Did it talk about the types of programs into which
he should be enrolled?
A Programs, can you define what you mean by program?
75
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Q Well, the educational program into which Chase
should be enrolled, mainstreamed versus special program.
MR. CONNELLY: Interestingly enough, Your Honor,
when I tried to elicit this information, Mr. Wagner objected.
I don't have any problem getting it in, but it kind of seems
absurd that he is now asking him to provide him with hearsay
from a report which he previously objected to.
THE COURT: This may open the door to some of the
9 questions you want to ask, Mr. Connelly. Go ahead, Mr.
10 Wagner.
11
12
13
14
15
MR. WAGNER: Thank you.
BY MR. WAGNER:
Q Does he identify the type of program into which
Chase should be placed, i.e., mainstreamed versus special
program?
16 A I am looking for Dr. Lipkin, I only have Dr. Kau's
17 here. I believe it does indicate something about
18 mainstreamed. Bear with IDe one moment. Yes. Given the mild
19 degree of Chase's current disabilities, further medical
20 evaluation will be deferred, that is point one.
21 Point two, educational support services can be
22 provided in a mainstreamed environment, which supports my
23 position; and the very last sentence of section 2,
24 mainstreamed opportunities and language based special
25 instruction should continue.
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Q The last thing you just said was special
instruction in language?
A
Special instruction should continue. Speech and
language I take that to mean.
Q Do you know if Dr. Lipkin's report has been
reviewed by the Capital Area Intermediate persons?
A Tt is my understanding that it has.
Q As a result of that, do you know, don't tell me
the answer, but do you know if Capital Area made a
recommendation for Chase as to the type of educational program
into which he should be placed, i.e., mainstreamed or a
special needs program?
A Repeat the first part so that I answer it
specifically.
Q Do you know if Capital Area Intermediate Unit as a
result of this report and their involvement on behalf of Chase
has made a recommendation
A That is fine. To my knowledge, they have not made
a recommendation at this point in time.
Q Have you asked them if they have made a
21 recommendation?
22 A Have I asked them recently?
23 Q No
24 A Have I asked them, yes.
25 Q When did you ask them?
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A
If you want the exact date I can tell you
Q
In relationship to today?
A
Ms. Vokes and I attended a transition meeting at
4 C~mberland Valley.
I
5
6
7
8
Q
Give my approximate times, sir.
A
Sometime in January.
Q
Of this year?
A
Yes. And at that time I found out more about some
9 of the opportunities that were available for Chase; and Julia
10 Kelly had indicated that we would have a group meeting to
11 formulate our plan, so that was my impression.
12
13
Q
You are talking about transition meeting, correct?
A
Our conversation, my private conversation, my
14 after-hours conversation with Julia Kelly took place after the
15 parent orientation -- I am sorry, I used the wrong
16
Q
My question to you is: Did the Capital Area
17 Intermediate Unit get together with you and talk about what
18 school, >nto what type of program Chase should be placed?
19
20
21
22
A
Into a program?
Q
Yes.
A
No. To get to together with me, no.
Q
Have you ever asked them into which is a better
23 program, mainstream or learning support system?
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A
Yes, I have.
Q
Did they give you a recommendation?
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REDIRECT EXAMINATION
BY MR. CONNELLY:
Q What was their response?
MR. WAGNER: Objection, hearsay.
MR. CONNELLY: He already asked both people from
the Intermediate Unit, he wants to know whether he heard from
the Intermediate Unit.
MR. WAGNER: I did not ask him what they said. I
only asked if they had the meeting.
THE COURT: I guess the door was opened for that
question, go ahead, Mr. Connelly.
BY MR. CONNELLY:
Q
A
What did they tell you?
I asked -- Lisa McCarty is the speech and language
19 person, she has been -- obviously, that is Chase's main
20 problem, she told me that she thought that Chase would
21 definitely benefit from a mainstreamed environment. Because
22 of all of the social interaction that he would have with
23 children that don't have speech and language problems, she
24 felt that it would be a constant environment of good exposure
25 and learning.
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Q What about the others?
A Bonnie Conrad said the same thing, and she spends
more time with Chase per week than any of the others.
Q It is your belief based on what you know about
this that he ought to be mainstreamed and be provided with
this in-school speech and language therapy?
A That is correct.
Q You believe that is consist with the doctor's
recommendation?
A That is correct, also with what I observed in the
special ed classes.
Q Is it your belief that in a meeting with the
Intermediate Unit regarding Cumberland Valley and Green Ridge
that you will prevail in convincing them to place him in a
mainstream with specialized treatment?
A Absolutely.
MR. CONNELLY: No other questions, Your Honor.
THE COURT: Mr. Wagner.
RECROSS-EXAMINATION
BY MR. WAGNER:
Q The last answer you gave you plan to meet and you
think you can prevail on these persons to place Chase in a
mainstream. Why would you need to prevail on them? Your
lawyer asked you, do you think you can prevail on them to put
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Chase in the mainstream. Why would you have to prevail on the
specialists, the people that are educating him?
A I think we are coming down to semantics. When he
said prevail I assumed he meant did I think I would be
successful. Maybe I should have answered the previous
question I don't know.
Q So what you are telling us is you don't know if he
should be placed in mainstream or not according to the
specialists?
A I think based on the conversations that I have had
with several of the people who will be attending this meeting
who agree with me that we will come to that decision, yes.
Q Isn't it true in order to determine placement
there has to be an IEP program done for him?
A That is what we are waiting for.
Q That has not been accomplished?
A I got an IEP in the mail in the last 3 weeks, but
my understanding was that the final IEP before transition,
that the parents would be involved.
Q Let's just clear this up so we understand what we
are talking about. The IEP you got was from the Brookside
Montessori because they do two per year, correct?
A I will have to go through the binder to tell you
who it came from.
Q The IEP for purposes of placement in either the
81
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1 Cumberland Valley School System or the Susquehanna Township
2 School System has not yet been completed, has it?
3
Again, I would have to go through my notes and see
A
4 who the last one came from.
5
Do you have any independent recollection of
Q
6 whether there is an IEP having been done to determine
7 placement at either Susquehanna or Cumberland Valley?
8
A
To my knowledge, no.
9
So your knowledge is, in order to determine
Q
10 placement of Chase, whether it be mainstreamed, whether it be
II in a program with learning support or a special program or
12 even into what building he gets placed, is going to come after
13 an IEP is done on Chase, isn't that correct?
14
A
That is my understanding.
15
Q
An IEP has not yet been done, has it?
16
A
That is my understanding.
17
Q
So as we sit here today, we are guessing what
18 school and what program, correct?
A I feel that I am making an educated guess based on
my conversations and my request for information from two of
his therapists.
Q The therapists don't have a test result to rely
on, do they?
A Sorry, I couldn't hear.
Q Nobody has the IEP test results to rely on, do
82
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2 A I am not sure what they have in their possession.
3 Q You have done the extensive research, as you have
4 told us, in order to determine whether he goes to the Monroe
5 building, the Middlesex building, the Green Ridge building,
6
7
8
9
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the IEP has to be done to determine the type of program that
he should receive by the school, isn't that correct?
MR. CONNELLY: I object to the form of the
question, Your Honor, there has been no testimony to establish
any of this. His client said that that is what she was told
by parent, now it has become factual and Mr. Wagner is asking
the question like it is reality. I object to the form of the
question, there is no foundation for it.
MR. WAGNER: On January 24th
THE COURT: Wait. I ask you to rephrase the
question.
MR. WAGNER: I asked based upon his investigation.
THE COURT: All right. Based upon your
investigation is it your understanding that you don't know
what school the child will eventually go to and that will be
dependant upon some further testimony?
A No, that is incorrect.
BY MR. WAGNER:
Q Is he enrolled at Green Ridge?
A On January 24 I spoke with Ann Timashenka.
83
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1 Q
2 A
3 Q
4 A
5 Q
6 A
7 Q
8 Dist:cict?
9 A
10 Q
Is he enrolled at Green Ridge?
Officially, no, he is not enrolled in Green Ridge.
Is he enrolled at Monroe?
No.
Is he enrolled in Middlesex?
No.
Is he enrolled in Cumberland Valley School
No.
In order to do that he has to have, first, the
11 Court directing it and, second, an IEP, correct?
13
14
15
I don't know that, sir.
MR. WAGNER: Thank you. I have nothing further.
THE COURT: Mr. Connelly.
16 REDIRECT EXAMINATION
17 BY MR. CONNELLY:
18
19
A
Q
You signed him up at Green Ridge?
I signed him up to be on some sort of a list. I
20 was told that registration would take place late in the year.
21 I was there on January 7th. So to my understanding, it is not
22 official registration, it was their way of being alerted to
23 how many children would be coming into the school. What they
24 call it, I don't know what they call it.
"
,
25
Q
Were they aware that he was involved with the
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Intermediate Unit?
A Yes, they are.
Q They are aware that meetings were to be held about
his enrollment?
A Yes, in fact, on January 24 I spoke with Ann
Timashenka, who heads up the transition from Intermediate Unit
children to the school district. She told me that she felt
confident after reviewing Chase's file, including the report
from Johns Hopkins, that Green Ridge would be able to provide
him all of the additional support services that he would need.
So based on my conversation with a lady who was a
professional, who read the entire -- all the research, that is
why we are here talking about Green Ridge.
Q Were you ever told by anyone that he might go to
Monroe or any other elementary school other than Green Ridge?
A I don't recall those names. I do remember hearing
about a school in Camp Hill called the Eisenhower School,
Julia Kelly is the person who told me about that.
THE COURT: We are at about the end of the day,
and I haven't heard anything from Mr. Wagner's case. Our next
scheduled hearings are in August at this point, so we really
have to finish this case today.
MR. CONNELLY: I am finished with this witness,
Your Honor.
THE COURT: Mr. Wagner.
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1 MR. WAGNER: How much time do you anticipate?
2 THE COURT: I have until 4:15.
3 MR. WAGNER: Your next scheduled time is?
4 THE COURT: In August.
5 THE COURT: Do you have any further questions of
6 this witness?
7 MR. WAGNER: No, I do not.
8 THE COURT: You may step down.
9 MR. WAGNER: Our concern is that if we don't get
10 done today, and the IEPs are in May and there is none done
11 after that.
12 THE COURT: It seems to me I heard a tremendous
13 amount today about how the parties don't get along, and how
14 they don't consult. What I really need to hear is a
15 comparison of the two school districts, and there really
16 aren't any experts here to tell me that. So I will do the
17 best I can with the evidence I have, but just proceed as
18 expeditiously as you can. Are you resting, Mr. Connelly?
19 MR. CONNELLY: I am, Your Honor. I move for the
20 admission of Petitioner's Exhibits 1, 2 and 3.
21 MR. WAGNER: No objection.
22 THE COURT: I believe they are Defendant's Exhibit
23 1, 2 and 3. Defendant's Exhibits 1, 2 and 3 admitted.
24
25
.
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BARBARA LYNN CHAPPELL,
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having been duly sworn, recalled as a witness,
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testified as follows:
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DIRECT EXAMINATION
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6 BY MR. WAGNER:
7
Q
Barbara, speak up nice and loud. You have
8 previously been identified. First of all, you have told us
9 earlier that in response to the Capital Area asking your
10 address, certain information was forwarded to Susquehanna
11 Township, is that correct?
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A
Correct.
13
Q
Have you had the opportunity to visit Susquehanna
14 Township?
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A
Yes, three times.
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Q
Can you, first of all, tell us do you know into
17 which building Chase would go for purposes of school?
18 A Yes, he would go to the Sara Lindemuth Elementary
19 School. Anna Carter does not provide special education
20 progran\s.
21 Q Where is the Sara Lindemuth building, please?
22 A It is on Progress Avenue in Harrisburg.
23 Q How far from your home is that?
24 A Approximately 4 miles.
25 Q How far is that from your office?
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1 A Approximately ten.
2 Q How far is it from Mr. Chappell's home, if you
3 know?
4 A It is 14.
5 Q How far is it from his place of employment? Do
6 you know where he is working?
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A I was not aware that he was employed again until
today.
Q That wasn't shared with you?
A No.
Q The schedule that you have, you were asked
briefly, you operate a beauty salon, is that correct?
A Yes.
Q You are the proprietor?
A Yes.
Q Do you select your own hours?
A Yes.
Q Does that give you flexibility for purposes of
important features in your life such as Chase?
A Correct, yes.
Q How does Chase currently get back and forth to the
Brookside Montessori School?
A I would pick him up and drop him off.
Q Pick him up where?
A At Brookside.
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1 Q When you say drop him off, you drop him off where?
2 A At Brookside in the morning.
3 Q You pick him up from Brookside?
4 A Yes.
5 Q Do you know what Mr. Chappell's routine is as it
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relates to the current arrangement at Brookside?
A The only thing I am aware of is that his
girlfriend has picked Chase up on a number of occasions.
Q Let's talk about, first of all, there was a
psychological evaluation done by the Capital Area Intermediate
Unit in May of 2002, is that correct?
A Yes.
Q Were you notified of that evaluation?
A Yes.
Q What input, if any, did you have into that
process?
A I was concerned of Chase being ADD or ADHD. They
would not perform the valuation until he was four. So when he
turned four, they went through and they did the evaluation.
After the evaluation was complete, they gave me an approximate
time that it would be done and asked me to be there and when
it was finished.
Q Did they discuss it with you?
A Yes.
Q They asked you questions, and did you ask them
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1 questions?
2
I asked them questions, they asked me questions,
A
3 they gave me recommendations for Chase at that time.
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Did Mr. Chappell attend with you?
Q
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A
No.
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Do you have any independent knowledge as to
Q
7 whether Mr. Chappell ever attended any follow-up interviews as
8 part of Chase's psychological evaluation and well being
9 prospects?
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A
No.
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You heard him say today that he had no input after
Q
12 the test was done, is that the first you heard anything about
13 his involvement into the May 2002 psychological evaluation of
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Chase?
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A Yes.
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Q You have indicated you visited the Sara Lindemuth
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School, correct?
18 A Yes.
19 Q Who is the director of that school?
20 A The director is Mrs. Shaffer.
21 Q Have you personally spoken to Mrs. Shaffer about
22 the Sara Lindemuth School?
23 A Yes, I have spoken to Mrs. Shaffer a dozen times.
24 Q Have you explored class size?
25 A Yes.
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Q How big are the classes at Sara Lindemuth as it
relates to the type of program into which Chase would be
enrolled?
A Mrs. Shaffer has looked over Chase's IEP report
that the Intermediate Unit sent to her. Looking over that
without an IEP meeting, she has indicated that she
MR. CONNELLY: Objection, hearsay, classic
objection of Mr. Wagner.
THE COURT: Mr. Wagner.
BY MR. WAGNER:
Q I will ask it in this fashion: Have you
personally checked out the class sizes in the school for
Chase's situation?
A Yes.
Q How big are the classes for Chase's situation?
A The class that Chase would be in, there would be
three students to two teachers.
Q Did you also personally check out the class sizes
in the Cumberland Valley School District for a program that
involved Chase?
A Yes.
Q How big were the classes?
A 15 students to two teachers.
Q The nature of the teachers that would be provided
at Sara Lindemuth for Chase, what would their background be,
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would they be just kindergarten teachers or would they have
some specialty, if you know?
A They all have college educations in special
education.
Q You say there would be three students for two
teachers. Are there other support groups at Sara Lindemuth
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7 that would be involved with Chase?
8 A Yes, because of the number being so low this year,
9 the speech and language pathologist would be able to meet with
10 him four times a week.
11 Q Who is the speech pathologist?
12 A Her name is Camilla Dodds.
13 Q Have you personally spoke to her, and don't tell
14 me what she told you, but have you personally spoke to her?
15 A
16 Q
17 A
18 Q
19 A
20 Q
21 A
22 Q
23 person?
24 A
25 her.
Yes.
On how many occasions?
Once.
Telephonically or in person?
Telephone.
You told us you visited the school three times?
Yes.
How many times have you talked to Mrs. Shaffer in
Three times that she was at the school when I met
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Q
Ar~ there other support groups, other than the two
2 teachers and the special language teacher, that would be part
3 of Chase's ~ducational program at Sara Lindemuth?
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A
Yes, they also have an occupational therapist
5 there.
6
Q
Who is the occupational therapist at Sara
7 Lindemuth?
8 A Mrs. Heinz.
9 Q Have you talked to Mrs. Heinz?
10 A No, she is not available.
11 Q When did you make that effort to call her?
12 A That was the second time that I went to the
13 school, and that was March 24.
14 Q These special persons " language and occupational,
15 are they on staff at the school or they rotate?
16 A They do rotate; but because of the small class
17 size this year, they are going to be able to concentrate more
18 on a one-on-one basis with the children in,the classroom this
19 year.
20
Q
What impact if any does that have on you as
21 Chase's mother in the sense that there are two teachers and
22 two specialists that are available for a class of three?
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A
It is excellent. I couldn't ask for a better
24 ratio. Chase definitely needs -- like his aid at Brookside,
25 he definitely needs her to be there.
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Q At Brookside, what are the class sizes at
Brookside where he is currently' enrolled?
A At Brookside it is difficult, they don't have per
se a classroom, it is one big school. They do split it up
into a pre-K program and a kindergarten program. Some
children go half days, some go a full day. All and all, there
are six -- about 58 children altogether, but they are not all
there at the same time.
Q What special attention does Chase get at Brookside
from, if you will, specialized learning education?
A With his aid being there from the Intermediate
Unit, she helps Chase to stay on task. She helps him to
complete his jobs, they have been very open for the
Intermediate Unit to come in and work with Chase.
15 Q How often is his aid at Brookside Montessori?
16 A Every day.
17 Q For how long each day?
18 A From 8:30 in the morning. She is supposed to only
19 stay until 11:30, sometimes she will stay longer.
20 Q Is Chase the only student with whom she has
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interaction?
A Yes. She talks to the other children, but Chase
is her main priority.
Q So she is there every day from 8:30 until when?
A 7:30, 12:00 o'clock, sometimes she stays and eats
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1 lunch with Chase.
2
Q
Is that consistent with your understanding of the
3 type of educational support need that Chase has at this point?
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A
Yes.
Q
Is that the kind of support that you found
6 available in a small class size at Susquehanna?
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A
Yes.
Q
We have talked about several persons at Brookside
9 Montessori, including an occupational therapist, who is the
10 occupational therapist?
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A
Barbara Kline.
Q
We have heard Mr. Chappell talk about times when
13 he allegedly met with Barbara Kline in different settings.
14 Has she ever attended any kind of transition meeting?
15 A
16 Q
17 meeting?
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18 A
19 Q
20 A
No.
So he could not have met her at a transition
No.
What kind of meetings does she attend?
Barbara just started working with Chase some time
21 in October, I am not sure of the date. The last IEP meeting
22 was in October; but because she wasn't involved yet, she did
23 not attend the meeting. Since then there has not been another
24 IEP meeting.
25
Q
So you had an IEP meeting in October, that would
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2 A
3 Q
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5 Q
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7 Q
8 Chappell ?
9 A
1 have been at the Brookside Montessori School?
Yes.
She was not there?
No.
Was Mr. Chappell there?
Yes.
Who was at this IEP meeting other than you and Mr.
..
Julia Kelly was there; Lisa McCarty was there;
Joyce Shellem was there; Susan Curley, the director at
Brookside Montessori, was there.
Q Since that meeting there have not been any other
IEP meetings at Brookside?
A No.
Q Have you had one-on-one conversations with the
occupational therapist?
A Yes.
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How many times?
A She calls me every other week to let me know how
her visits go with Chase.
Q Are her visits at the school or outside the
school?
A They are at Brookside.
Q How long are the visits?
A 90 minutes.
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1 Q
2 Chappell?
Do you know if she has similar contact with Mr.
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A No, I spoke with her this week and she has
Q Don't tell me what she said. You don't know from
any independent knowledge whether she has had contact or not?
A No.
Q You heard Mr. Chappell say he thought he had
contact with her at two meetings, one at a transition meeting,
one at an IEP meeting. Have you attended all transition
meet~ngs of Chase?
A Yes.
Q Have you attended all IEP meetings?
A Yes.
Q Has she been there, the occupational therapist,
been there at any of these meetings?
A No.
Q So he could not have met her at these meetings?
A
No.
19 Q In terms of the progress that Chase has made at
20 the school in which he is enrolled, is he being moved forward
21 educationally, in other words -- I am old fashioned -- has he
22 passed?
23 A Right now they feel Chase is going through a
24 little bit of a regression. I spoke to Julia Kelly at the
25 Intermediate Unit, there are some concerns, and there are
.
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concerns over him being ADD and we are trying to feel him out
and see if it is a possibility.
Q ADD is an acronym for Attention Deficit Disorder?
A Yes.
Q Has he been tested for that?
A Yes, actually in Mrs. Curley's report, the
psychological report, he actually put in there that that was a
possibility.
Q Have you had any discussion was Chase's dad
concerning any kind of program or any kind of counseling or
therapy to address this potential ADD problem?
A No, that has ~ot been brought up.
Q There were a number of issues raised in Dr.
Lipkin's report, I believe, at Johns Hopkins concerning
specialized training for Chase, are you aware of those?
A Yes.
Q Briefly tell us what those were or are?
A We got the report afterwards, during the
appointment at the very end he
MR. CONNELLY: Objection, hearsay.
THE COURT: Mr. Wagner.
MR. CONNELLY: If it is in the report, we can talk
about it --
MR. WAGNER: I am asking her is she aware of what
those concerns were in the report. I believe her own
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1 cognizant awareness doesn't require hearsay.
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MR. CONNELLY: It isn't in the report, that was
3 the point. She is testifying something was said in a meeting
4 that is not in the report.
5 BY MR. WAGNER:
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Tell me what was in the report.
Q
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In the report it states that Chase should be
A
8 involved in a speech and language program.
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THE COURT: Is there still an objection, Mr.
10 Connelly?
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MR. CONNELLY: Yes, I am not objecting to that,
12 Your Honor, that is part of the report; I am objecting to
13 comments that may have been made in an office session outside
14 of the report.
15 BY MR. WAGNER:
16 Q Just tell US what your awareness is from the
17 report. You talked about speech therapy, what other issues
18 were raised in the report that are an educational concern
19 regarding Chase?
20
A
In the report there were concerns that he would
21 need to be placed in a specialized program for speech and
22 language.
23
Q
As a result of reading that report, what if
24 anything did you do for Chase as it relates to the
25 recommendations in the report from Dr. Lipkin?
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I have continued to keep in contact with the
2 Intermediate Unit and his progress and where they feel that he
3 needs to be going to kindergarten.
4
Q
Do you know if Mr. Chappell is paralleling your
5 keeping in touch with and following the progress of Chase?
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A
No.
Q
Would you see him at school during any kinds of
8 special meetings or special programs?
9
A
Not with school. I mean there have been special
10 programs with Mr. Chappell, like parties and things like that
11 at school he has not attended.
12
Q
When you say parties, are you talking about
13 extracurricular activities at the school?
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17 functions.
18
A
Yes.
Q
Do you know if he was invited?
A
All -- parents are invited on all field trips and
Q
Do you go to the. field trips, functions,
19 extracurricular activities? '
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A
Yes.
Q
Let's talk about this past year. Can you tell the
22 Court, briefly, what were those extracurricular activities and
23 functions that they had that you attended?
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A
I take that back, there was one function he
25 attended, that was the Christmas party. I have gone on two
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different field trips that -- they went to a zoo and they went
to a farm. They also had parties for Halloween, Thanksgiving,
Christmas, St. Patrick's Day that I have attended. I have
also attended they do special things at the school where,
5 like I had to go in two weeks ago and I had to make -- they
6 were doing the food groups and I made the kids fish sticks,
7 things like that.
8 Q You have attended these, has Mr. Chappell been
9 there other than the Christmas party?
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A No.
Q Barbara, I am going to ask you a specific
question, and I want you to pay attention, which I know you
will. You heard Mr. Chappell say, and I underline, one of his
primary concerns regarding school is the convenience regarding
Chase. Did you hear him say that?
A Yes.
Q What is your primary concern as it relates to the
selection of the school for Chase?
A My primary concern is that Chase ~s placed in the
proper program, and that he is going to get the one-on-one or
the attention and learning support that he needs.
Q Does that matter what school he is at?
A No.
MR. WAGNER: Cross examine.
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CROSS-EXAMINATION
2 BY MR. CONNELLY:
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You never looked at the Green Ridge, you never
Q
4 investigated what services they had available when you are
5 talking about selecting the best location for your son. You
6 already testified
7
I did attend the transitional meeting at
A
8 Cumberland Valley.
9
The transitional meeting had nothing to do with
Q
10 Green Ridge, nothing to do with the school, the school setting
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12
On January 10th I contacted Maryann King, and
A
13 again, when she told me that they wanted no involvement until
14 a decision was made, I didn't feel I was invited there to even
15 go and look at the school. When she told me that they didn't
16 want to be involved -- I would like to have gone to the school
17 -- but when she said they didn't want'to be involved, I didn't
18 think it was a good idea that I went to visit the school.
19
When did she tell you that?
Q
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January 10th.
A
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Why didn't you go in December, why didn't you go
Q
22 in November or October?
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I called her in December. I actually called her
A
24 December 15th, and she told me to call her back again after
25 the holidays, that her schedule was very busy with the
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holidays, so I called her back in January.
Q Barbara, we are sitting here talking about
Susquehanna Township and the school and this program and all
the things that surround it as if you somehow selected this
location to send your son. You are in Susquehanna Township
because you moved in with your boyfriend, is that correct?
A I am in Susquehanna Township because I moved.
Q Right, you moved in with your boyfriend in
Susquehanna Township, your decision was to move to Susquehanna
Township to live with your boyfriend, correct?
A Okay, can I answer your question --
Q I would like you to.
A Can I add to it?
Q Yes.
A I was in Mechanicsburg School District and I did
check out Mechanicsburg School District, and quite honestly, I
was not impressed. So where I used to live, I wasn't very
convinced that that was going to be the best place for Chase.
Q Did you consider at that point looking at
Cumberland Valley?
A I have been very open at looking at both schools.
I wouldn't have gone to the transition meeting if I wasn't
open to looking at Cumberland Valley also. When Maryann King
told me they did not want to be involved, I stopped proceeding
with Cumberland Valley.
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How long has your boyfriend lived in Susquehanna
Q
2 Township?
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A
I don't know.
4
How long have you been dating?
Q
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MR. WAGNER: I object to the relevancy of this.
6 What is the relevancy?
7
MR. CONNELLY: She is not making a decision, Your
8 Honor, based on Susquehanna Township, she is making a decision
9 to move in with her boyfriend who lives there, and then
10 Susquehanna Township becomes the focus.
11
MR. WAGNER: That is a nice argument for Mr.
12 Connelly, but the relevancy of where she i$ living has nothing
13 to do with the selection of the school with whom she is
14 living.
15
THE COURT: In the interest of time, I will
16 sustain the objection.
17
MR. WAGNER: Thank you.
18 BY MR. CONNELLY:
19 Q You moved there February 1st?
20 A Correct.
21 . Q You lived in Susquehanna Township for two months?
22 A Correct.
23 Q Do you own any interest in this home?
24 A I -- explain further. Do I help pay --
25 Q No.
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11 Q
yes.
Do you own an interest, are you a titled owner?
No.
Are you a purchaser of real estate in the
No, I do just like Mr. Chappell does.
Who owns it?
Mr. Brown.
This is your boyfriend?
Yes.
So if something doesn't pan out between you and
Mr. Brown, you are going to have to leave, it is his house?
MR. WAGNER: Objection, relevancy and requires
speculation. The same is true for Mr. Chappell.
MR. CONNELLY: Mr. Chappell rents his own place,
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Your Honor
MR. WAGNER: Because if he gets evicted, he is not
part of Cumberland Valley.
MR. CONNELLY: I think the Court can take notice
there is a difference between someone living in someone else's
home and someone renting in a district.
A Mr. Connelly, to answer your question, if anything
would happen, I would remain in Susquehanna Township because
that would be in Chase's best interest.
BY MR. CONNELLY:
I r
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Q Did you consider looking at any other districts
other than Susquehanna to determine what is the best possible
location for your son?
A Yes, I looked into Mechanicsburg School District.
Q Where did you live at the time?
A Geneva Drive, Mechanicsburg.
Q What township is that?
A Lower Allen.
Q That is the West Shore School District
A No, that is a fine line, because where I live
it was Mechanicsburg because I thought in the very beginning
it would be West Shore and it is not.
Q Did you check out West Shore?
A I grew up in West Shore School District.
Q That is not my question. Did you check out West
Shore's educational program?
A No, there is no reason for me to.
Q You keep going back to Dr. Lipkin's report, but
you don't seem to be addressing Dr. Lipkin's comment in his
summary given his general normal cognitive functioning
MR. WAGNER: Objection, hearsay.
MR. CONNELLY: We have already been over it, she
has already quoted, I want
THE COURT: I thought she had been asked what was
in the report by you, Mr. Wagner.
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MR. WAGNER: I asked if she is aware what is in
the report and what did you do to address that. I did not ask
her any specific provisions of the report, nor did I ask her
to read from the report which is being offered as the truth of
the matter. I asked it for notice purposes and awareness to
precipitate a course of conduct on her part. It is proper to
use a document for notice purposes to justify a series of
conduct and awareness, and it doesn't have to go to the truth
of the matter. Mr. Connelly is getting into it for the truth
of the matter, and that is hearsay.
THE COURT: How do you know that? He is going to
say he is asking it for the same reason you asked it.
MR. CONNELLY: Yes, exactly. I just want to know
-- she wants to rely on part of it. I want to know if she saw
all of it.
MR. WAGNER: Then show it to her and ask her if
she saw it.
THE COURT: For the limited purpose that you asked
the question, Mr. Wagner, I will let Mr. Connelly ask the
question.
BY MR. CONNELLY:
Q Barbara, do you see the highlighted portion in Dr.
Lipkin's report that talks about your son's normal cognitive
functioning. Read the next phrase: Additional services, can
you read that, please, into the record?
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Which part?
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The orange underlining.
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Educational support services can be provided in a
A
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mainstreamed environment.
5
Q Okay, mainstreamed environment, what does that
6
mean to you?
7
MR. WAGNER: Can she read the rest of it that is
B
paraphrased?
9
MR. CONNELLY: It isn't paraphrased, it is a
10
quote.
11
A Can I read the next sentence?
12
THE COURT: May I ask a question. Am I being
13 asked whether the child is going to be mainstreamed?
14
MR. CONNELLY: You are being asked -- in argument
15 you are going to be asked to consider a decision she has made
16 to having a special education class at Sara Lindemuth with
17 these percents when nobody has really made that decision.
18
Yes, the Intermediate Unit made that decision.
A
19 His case manager, Julia Kelly, who is
20
THE COURT: Sorry, I have to ask you to stop
21 talking because there is an objection on the floor.
22 If I am being asked to decide whether he is to be
23 mainstreamed, then you may ask the question.
24
MR. WAGNER: Excuse me, that is not the petition.
25 The petition is either go to one school or another. No one
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1 has asked for anything regarding the kind of program into
2 which this child is being placed. If that is the purpose,
3 then I am going to strenuously object.
4
MR. CONNELLY: Your Honor, I don't think the Court
5 can make the decision on mainstreaming, nor do I think this
6 woman can sit here and testify today that that decision has
7 already been made when they haven't even had the meeting yet.
8 The point simply is that two of the four people
9 involved in having input have already advised my client that
10 he could function if mainstreamed with services provided as
11 has the doctor.
12
THE COURT: You may ask the question.
13 BY MR. CONNELLY:
14
Q
Have you precluded the possibility that your son
15 could be mainstreamed in a school that provided him daily
16
speech and language therapy?
17
A I have not been advised by the Intermediate Unit
18
that it would be in Chase's best interest to mainstream him.
19
Have you precluded the possibility placed in a
Q
20 school where there was speech and language therapy available
21 to him daily, as much as needed, that he wouldn't end up being
22 mainstreamed without services, have you precluded that that
23 could occur?
24
A
No, because the Intermediate Unit has not given me
25 that idea that that is
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Q If they
A what is in his best interest.
Q If they consult with Green Ridge and they
determined that Green Ridge could provide him with a speech
and language therapist whose office is next to the class, who
could see him as much as necessary, would that change your
opinion as to whether or not he could be mainstreamed?
A The Intermediate Unit
Q Yes or no? If it is no, it is no.
MR. WAGNER: I have
THE COURT: Answer the question the way you would
like and then I will have to limit you to two more questions,
Mr. Connelly.
A The mean reason for the Intermediate Unit
considering a special education program is because Chase needs
more one-on-one attention. To mainstream him, the class size
would be much larger and they are concerned that he is not
going to get the attention that he needs and he will not be
able to stay on task and complete his jobs and get through
school without having more one-on-one attention.
It has nothing to go with the speech and language
pathologist, it has nothing to do with the occupational
therapist, they could still see him; but in a classroom
environment they are concerned that he will be lost in the
numbers.
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BY MR. CONNELLY:
Q You don't have enough information to determine
what Green Ridge can provide him, do you?
A I spoke with Mrs. Snyder today, she told me that
the learning support program, that the class sizes are 15
children. That to me, compared to 3 children, is a huge
difference.
Q The 3 children comes from whom?
A The 3 children comes from the director of the
special education program at Susquehanna Township
Q Did you
A
-- LuAnn Schaffer-Yeager.
Q Did you talk to the teacher
A Yes.
Q -- of the class?
A Yes.
Q Who is that, what is her name?
A Mrs. VanDenHengel.
Q How often have you spoken to her?
A I have visited her two times.
Q If the Intermediate Unit makes the determination
that your son is to go to the other elementary school, what
are you going to do about that?
A I will be as supportive as I can be.
Q The drop off and pick up of your son, right now
111
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based on your schedule you say you are flexible to drop off
and pick up?
A Chase is my number one priority.
Q That could occur in conjunction with his
kindergarten at Green Ridge, as well as at Susquehanna, you
could drop off and pick up?
A Yes.
THE COURT: Mr. Wagner.
MR. CONNELLY: I have nothing further.
MR. WAGNER: I have nothing further, thank you.
THE COURT: You may step down, thank you. Mr.
Wagner.
MR. WAGNER:
THE COURT:
.
I have nothing further.
Mr. Connelly, do you have any rebuttal
testimony?
MR. CONNELLY: No, Your Honor. We have 15
minutes. One moment, Your Honor.
(Discussion held off the record.)
MR. CONNELLY: I am going to call my client for
one question on rebuttal.
THE COURT: Before we do that, Mr. Wagner, we are
sort of into your time at this point. If you do have any.
other witnesses, I will be glad to hear them.
MR. WAGNER: I don't today, Your Honor.
THE COURT: Go ahead, Mr. Connelly.
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CRAIG ROBERT CHAPPELL,
having been previously duly sworn, recalled as a witness
on rebuttal, testified as follows:
DIRECT EXAMINATION
BY MR. CONNELLY:
Q Mr. Chappell, you have heard testimony about this
focus in Susquehanna Township on a couple of kids for one
teacher. Does Cumberland Valley have and plan to deal with
the issue of the amount of teachers available to Chase
depending on his needs through Green Ridge?
12 A Yes.
13 Q What does the district provide for that purpose?
14 A I am not sure that I understand
15 Q What do they do about that issue?
16 A They will provide if necessary a person comparable
17 to Chase's private one-on-one tutor if it is necessary.
18
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Q That is done how?
A Through the School District.
Q Is there a designation of how they establish a
plan for that purpose?
A Their strategy would be formulated after the IEP
is conducted by Ms. Vokes and I and the Capital Area
Intermediate Unit.
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13 your son?
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CROSS-EXAMINATION
3 BY MR. WAGNER:
1
2
Q
If the IEP determines that he should not be
5 mainstreamed, everything you told us is meaningless, isn't
6 that correct?
A
Sorry, I am having difficulty hearing.
Q
If the IEP that is done determines that he should
9 not be mainstreamed, then what you have researched and what
10 you have told us is irrelevant, isn't that correct?
A
Yes, it is.
Q
So you are here asking this Court to mainstream
A
I feel it is in his best interest.
Q
Your motivation is what you believe to be
16 important for you son, not what the experts so far have said,
17 isn't that correct, sir?
A
No, it isn't, because two of the four experts
19 agree with me, plus Dr. Lipkin, in writing.
Q
They are not here today?
A
Unfortunately, they would not come.
MR. WAGNER: No further questions.
MR. CONNELLY: No questions.
THE COURT: Okay. You may step down, thank you.
25 Mr. Wagner, do you have any surrebuttal?
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MR. WAGNER:
THE COURT:
No, I don't.
Do counsel wish to make closing
argument?
4 MR. CONNELLY: Yes, Your Honor.
5 (Mr. Wagner closed on behalf of the Plaintiff.)
6 (Mr. Connelly closed on behalf of the Defendant.)
7 THE COURT: All right. I wish it were an easy
8 call. I want to thank counsel very much for very good
9 argument. We will enter this order: And now, this 9th day of
10 April, 2003, upon consideration of the Defendant's Petition
11 for Interim Relief, and following a hearing held on this date,
12 the record is declared closed, and the matter is taken under
13 advisement.
14 I will enter an order within the next day or so.
15 (Court adjourned at 4:06 p.m.)
16
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by ,me on the
above cause and that this is a correct transcript of same.
gam.l/'~.i:l) e. fJQ/fjf~Lt
Patricia C. ,Barrett
Official Stenographer
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
_1M.) I I~.. L-Dv3,
Date
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