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HomeMy WebLinkAbout02-5632MICHELLE L. GARDENHOUR, PLAINTIFF VS. TROY A. GARDENHOUR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 ~... ~- ,3 ~, ~~-- IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, MICHELLE L. GARDENHOUR, by her attorney, Samuel L. Andes, and makes the following Complaint for Custody: 1. The Plaintiff is MICHELLE L. GARDENHOUR, an adult individual who resides at 13 Lynn Avenue in Newburg, Cumberland County, Pennsylvania. 2. The Defendant is TROY A. GARDENHOUR, an adult individual who resides, to the best of Plaintiff's knowledge at 13882 Lower Edgemont Road in Waynesboro, Pennsylvania 17268. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of three minor children, Marissa P. Gardenhour, age 6, born 12 August 1996, Madison J. Gardenhour, age 2, born 22 February 2000, and Megan A. Gardenhour, age 1, born 20 July 2001. 5. Plaintiff seeks an award of primary legal and physical custody of the said minor children, Marissa P. Gardenhour, Madison J. Gardenhour and Megan A. Gardenhour. 6. The children were not born out of wedlock and are presently in the custody of the Plaintiff. 7. During the past five years, the minor children have resided with the following persons at the following addresses: 1996 - August 1999 August 1999 - March 2000 Plaintiff & Defendant Plaintiff & Defendant 226 Shippensburg Mobile Estates Shippensburg, PA 13 Lynn Avenue Newburg, PA March 2000 - May 2002 June 2002 - September 2002 September 2002 - present Plaintiff only Plaintiff & Defendant Plaintiff only 309 Bowser Road Osterburg, PA 13 Lynn Avenue Newburg, PA 13 Lynn Avenue Newburg, PA 8. The mother of the children is the Plaintiff who resides at the address set out above. She is married to the Defendant. 9. The father of the children is the Defendant who resides at the address set out above. He is married to the Plaintiff. 10. The Plaintiff is the natural mother of the children. Plaintiff currently resides with the children. 11. The Defendant is the natural father of the children. Defendant currently resides with his grandparents, Charles and Miriam Gardenhour, both in their late seventies. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the children in this or any other court. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said children. 13. The best interests and permanent welfare of the children will be served by granting the relief requested by Plaintiff for the following reasons: A. Defendant suffers from psychological, emotional, and perhaps psychiatric problems which make him incapable of properly caring for these children. B. Defendant has a temper and anger problem which is not able to control which make him a threat to the safety of the children. C. Defendant has assaulted Plaintiff, both in the presence of the children and outside of the presence of the children, and represents a serious threat of physical injury to Plaintiff and/or the children, D. Defendant is unstable, unable to control his temper and his emotions, and generally not qualified to care for children of this age. E. Plaintiff has been the primary care provider of the children since their birth, can provide a good, stable, and safe home for them, and should be awarded primary legal and physical custody so she can properly care for the children and protect them from Defendant's rages and other problems. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays this court to award her legal custody and primary physical custody of the children and to limit Defendant's contact to the children to short periods of time supervised by one or more competent and independent adults. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761~5361 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ~ ~ MICHELLE L. GARDENHOUR .... MICHELLE L. GARDENHOUR PLAINTIFF TROY A. GARDENHOUR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-5632 CIVIL .ACTION LAW : IN CUSTODY : ORDER OF COURT AND NOW, Wednesday, November 27, 2002 , upon cortsideration of the 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 Thursday, January 02, 2003 at 1:00 PM 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 existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT~ By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessiible 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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17(I 13 Telephone (717) 249-3166 VINVA"I,kg-'NN~d XI.NNO0 ON'~q¥~NO MICHEI.I .E L. GARDENHOUR Plaintiff Vo TROY A. GARDENHOUR Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : No. 02-5632 CiVIL, ACTION - LAW : : .' : IN CUSTODY : PRAECIPE OF ENTRY OF APPE~fllANCI~. TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the defendant in the above-captioned matter. Date: December 6, 2002 Respectfully submitted, ABOM & KU~iqJLAKIS, L.L.P. Kara W. Haggerty, Attorney I.D.# 86914 8 South Hanow:r Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant MICHEI,I,E L. GARDENHOUR Plaintiff Mo TROY A. GARDENHOUR Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : No. 02-5632 CIVIL ACTION - LAW : . .. : IN CUSTODY . CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, ofABOM & KUTULAKIS, L.L.P., hereby certify that on this 6m day of December, 2002, a true and correct copy of the PRAECIPE OFE'.IVTRY OF APPEARAMCEwas served upon the parties listed below, addressed as follows: BY FIRST CLASS MAIL: Samuel L. Andes, Esquire - Attorney for Plaintiff 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 A. BOM & K'UTULAKIS, L.L.P. _ Kara W. Haggerty, Attorney I.D. #86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Attorney for Defendant MICHELLE L. GARDENHOUR, PLAINTIFF VS, TROY A. GARDENHOUR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5632 IN CUSTODY PLAINTIFF'S PETITION FOR PSYCHIATRIC EVALUATION AND ACCESS TO MEDICAL RECORDR AND NOW, comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for relief in this matter as follows: 1. The Petitioner herein is the Plaintiff Michelle L. Gardenhour. The Respondent herein is the Defendant Troy A. Gardenhour. 2. This is a custody matter involving the legal and physical custody of three young children, Marissa P. Garenhour, age 6, Madison J. Gardenhour, age 2, and Megan A. Gardenhour, age 1. All three of the children currently reside in the physical custody of the Plaintiff and see the Defendant only under supervised .conditions. 3. The Defendant has a history of severe psychiatric and psychological disorders, which include: A. At least two hospitalizations for such conditions, one in about December of 2000 and a second one in September of 2002. B. A diagnosis of Bi-Polar disease. C. A history of serious psychiatric medications for depression, angry outbursts, and similar problems. The medications which have been prescribed for the Defendant, in which he has taken on irregular occasions, include: Prozac, Zoloft, Remeron, Effexor, and Celexa, which Plaintiff believes were prescribed for depression and Depakote, Effexor, Selexa, and Zyprexa for anger and uncontrolled outbursts. 4. As a result of Defendant's psychiatric and psychological disorders, he has been unable to control his conduct, particularly during uncontrolled outbursts of anger. During periods when he cannot control his conduct, Defendant has: A. Physically assaulted Plaintiff by choking, pushing, and otherwise physically abusing her; and B. Threatening to kill Plaintiff, attempting suicide in December of 2000 and discussing his own suicide on other occasions; and C. Subjecting the children to extreme verbal and emotional abuse which has included swearing at them, calling them names, insulting and belittling them. §. Defendant denies that he has suffers from all of the mental disorders which Plaintiff has observed and for which Defendant has been diagnosed. Defendant has repeatedly denied committing acts of violence and of physical and emotional abuse toward Plaintiff and the children. 6. Because of Defendant's conduct toward the children and toward Plaintiff in the presence of the children, the oldest of the children is currently involved in psychological counseling. 7. Plaintiff believes that Defendant is not able 'to control his anger or other outbursts, that Defendant denies he suffers from mental disorders, and that Defendant fails to take his medication, or refuses to take it, on a regular basis, or continue with therapy as required to treat his conditions. 8. Plaintiff is concerned about the physical and emotional safety of the children if they are alone with Plaintiff and has requested this court to grant him limited contact with the children, under supervised visitation. A hearing will be scheduled on that request in the near future. 9. For the court to properly evaluate the facts in this case and make a decision which is proper for both parties and the parties' children, Plaintiff believes that the court needs a psychiatric evaluation of Defendant. 10. Plaintiff believes that the court, and any professional called upon to perform a psychiatric evaluation of Defendant, require access to Defendant's medical and hospital records, as well as to police reports and other reports or records which may shed light on his mental or psychiatric condition. 11. Plaintiff is unable to pay the cost of a psychological evaluation or the production of medical records. Plaintiff is unemployed and has been unemployed outside the house for several years because of the age of the .parties' children. Defendant is employed and Plaintiff believes he has funds sufficient to pay the cost of such evaluation and the production of such records. WHEREFORE, Plaintiff prays this court to order and decree as follows: A. Order Defendant to submit to a psychological evaluation by a psychiatrist or other competent professional choosen by Plaintiff or, in the alternative, appointed by the court; and B. Order that all of Defendant's medical records, specifically including any records of psychological or psychiatric diagnosis, medication, treatment, or therapy, be made available to Plaintiff's counsel and to the professional conducting the evaluation in this matter; and C. That Defendant be directed to pay the cost of such evaluation and the production of records. Sa"~r~el L.'~:~e~ v~-'~/~ Attorney for Plaintiff Supreme Court ID # 1 7225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: MI~H E-L[~'-L. GARDENH0O~- MICHELLE L. GARDENHOUR, PLAINTIFF VS. TROY A. GARDENHOUR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5632 IN CUSTODY ORDER OF COURT AND NOW this ,x~-~ day of .~' ?T-7 L~ ?J -~ ,2003, upon consideration of the attached Petition, a Rule is hereby issued upon the Defendant, Troy A. Gardenhour, to show cause, if any he has, why the relief prayed for therein shall not be granted. The Rule shall be served upon Defendant's counsel of record in this matter, Cara Haggerty, Esquire, and shall be returnable ~.o days from the date of service. BY THE COURT, Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Cara Haggerty, Esquire (Attorney for Defendant) 8 South Hanover Street, Suite 204, Carlisle, PA 17013 JAN 2 1 2003 MICHELLE L. GiARDENHOUR, Plaintiff V. TROY A. GARE AND N(: of the attached follows: 1. Ph' have periods a.m. un Pennsyl, January B friend, B on Tues These vi C supervis 2. It therapist, Lisa fashion as is c 3. A County Court testimony wil Gardenhour, ,, testimony. C~ ENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5632 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ~W, this _ ~.¢-"/ day of ~ Custody L;onciliation Summary Report, it ,2003, upon consideration hereby ordered and directed as 'sical Custody. Mother shall have primary' physical custody. Father shall ,f supervised visitation which shall be arranged as follows: On the second, third, and fourth Saturdays of each month from 10:00 Iii 3:00 p.m. at the home of the paternal grandmother in Fayetteville, fania and supervised by Mother's representative. The first visit shall be 11,2003. Two weekdays from 3:00 p.m. until 5:30 p.m. at the home of Mother's ~nielle Reed and in her presence. The parl:ies anticipate the visits will occur ays and Thursdays but shall be scheduled at the convenience of Ms. Reed. sits shall commence on January 7, 2003. At other such times as the parties acjree and are able to arrange for ion. shall be permissible for Father to be in contact with the oldest child's Barnes, and to participate in joint counseling with the oldest child in such etermined to be clinically indicated by Ms. Barnes. Hearing is scheduled in Courtroom Number 2, of the Cumberland house, on the 26th day of February, 2003 at 9:00 A.M., at which time be taken. For the purposes of the hearing, the Mother, Michelle L. ;hall be deemed to be the moving party and shall proceed initially with )unsel for the parties or the parties pro .se shall file with the Court and NO. 02-5632 CIVIL opposing COL custody, a list of the anticipa ten days prior Dist: -,,'Sramuel L. / ~K'ara W. Ha TERM ~nsellparty a memorandum setting forth each party's position on of witnesses who are expected to testify at the hearing, and a summary led testimony of each witness. These memoranda shall be filed at least to the hearing date. ,ndes, Esquire, PO Box 168, Lemoyne, PA 17043 ;Igerty, Esquire, 8 S. Hanover St., Carlisle, PA 17013 JAN 21 Z 23(¢ MICHELLE L. E TROY A. GARE IN ACC(: 1915.3-8, the ur 1. TI' litigation are as NAME ;ARDENHOUR, Plaintiff 'ENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5632 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT ~RDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE ~dersigned Custody Conciliator submits the following report: e pertinent information concerning the children who are the subject of this follows: DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Marissa P. Gardenhour August 12, 1996 Mother Madison J. Eiardenhour February 22, 2000 Mother Megan A. Glrdenhour July 20, 2001 Mother 2. TNe parties were se_e,n for their first Custody Conciliation Conference on January 2, 2003L pursuant to Mother s Complaint in Custody filed on or about November 22, 2002. Attending the Conference were: the Mother, Michelle L. Gardenhour, and her counsel, Samue L. Andes, Esquire; the Father, Troy A. Gardenhour, and his counsel, Kara W. Haggerty, E,, from Abuse Ord This Order was consent of the pl 3. Thc Therefore a hear 4. Mo' physical custody Father has a hisl and to the childr~ compliant with hi prescribed, she r Father has push threatened to kill police were calle( ;quire. Other orders relevant to this proceeding include a final Protection ar, docketed to 02-5855 in which the Mother is identified protected party. entered without any admissions or findings of abuse but pursuant to the ~rties. The Order expires on December 18, 2003. ; parties were able to reach an aqreement only as to an Interim Order. ing before the Court will be necessary. :her's position on Custody is as follows: Mother petitions seeking primary and short supervised visits with the Father based on her allegations that ory of difficulties with serious emotional problems, verbal abuse to herself ;n. It is Mother's view that Father functions,, significantly better when he is ~ medication. However, at times when he has not taken his medication as eports that his temper outbursts have escalated. She further alleges that 9d her, attempted to choke her, torn the 'telephone out of the wall and her in the presence of the parties' oldest child. Following this incident, the and Father was arrested on criminal charges which are presently pending NO. 02-5632 CIVIL TERM ARD. Those represents that been treated w disorder. She therapist has ¢ presently empl, able to start a I end of January Father. Howev in their best in1 occur by a pers that Father's fa~ 5. F~ time as he can from his positi¢ weekends. Fa! which have oc~ possible have b he has ever con battled depress supervised con' with his grandp noted that he b wishes, and witt' 6. Ne will be offered fr therapist, Lisa B would be filing treatment recor, evaluation. charges were simple assault, terroristic threats and harassment. Mother Father has had at least two inpatient psychiatric admissions and that he has ith various psychoactive drugs to treat what she understands to be bi-polar alleges that parties oldest child has been in treatment and according to the emonstrated symptoms of Post-Traumatic Stress Disorder. Mother is not )yed outside the home. However, she is seeking employment and maybe )osition as a therapeutic support staff in a wrap-around program toward the 2003. Mother is very willing for the children to continue to have contact with ar, she is of such concern for their emotional safety that she believes it to be erest for his contact to be supervised. She has requested supervision to }n whom she designates from her family or by a friend because she believes nily does not take a view that his problems are as serious as does she. :166739 ~ther's position on custody is as follows: Father would like to spend as much ,vith the children. He is presently working full time and is off work each day ,n at Masters Manufacturing in Carlisle at 2:30 p.m. He does not work her's mother has been participating in providing supervision for the visits, ;urred prior to the entry of this Order. Assisting in making those visits -_,en members of Mother's family and a nearby neighbor. Father denies that stituted a danger to the children and although he has acknowledges he has on over the years, does not believe that his symptoms have warranted act with the girls. Father is presently residing in Waynesboro, Pennsylvania ~rents. He is seeking shared physical custody of the children. Father also alieves that Mother has placed the oldest child in counseling against his out consulting him. ad for Expert Testimony: The Conciliator anticipates that expert testimony ~m Father's treating Psychiatrist, Dr. Rosenthall as well as from the child's arnes. However, counsel for the Mother, Mr. Andes, has indicated that he a petition for psychiatric evaluation and access for Father's psychiatric Is. Mr. Andes also mentioned that he may file a petition a custody Melissa Peel Greevy, q ' Custody Conciliator MICHELLE L. GARDENHOUR Plaintiff Vo TROY A. GARDENHOUR Defendant : No. 02-5632 : IN CUSTODY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR PSYCHIATRIC EVALUATION AND ACCESS TO MEDICAL RECORDS AND NOW, comes the Defendant, Troy A. Gardenhour, by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully answers as follows: 1. It is admitted that the Petitioner is the Plaintiff, Miche!le L. Gardenhour. It is admitted that the Respondent is the Defendant, Troy A. Gardenhour. 2. It is admitted that this is a custody matter involving the legal and physical custody of three young children, Marissa P. Gardenhour, age 6, Madison J. Gardenhour, age 2, and Megan A. Gardenhour, age 1. It is admitted that all three of the children currently reside in the physical custody of the Plaintiff and see their father only under supervised conditions. By way of further answer, Mr. Gardenhour reluctantly agreed to supervised Visitation until a hearing could be held on this matter due to the fact that the plaintiff had been denying Mr. Gardenhour all contact with his children. 3. Admitted in part, denied in part. It is specifically denied that Mr. Gardenhour has a history of severe psychiatric and psychological disorders. a. It is admitted that Mr. Gardenhour has undergone two hospitalizations, one in December of 2000 in which he admitted himself to Philh~ven due to depression issues, and one in September of 2002 in which he was involuntarily committed to Holy Spirit Hospital based on the false testimony of his wife, the Plaintiff in this action. b. It is specifically denied that Mr. Gardenhour has a diagnosis of Bi-Polar disease. By way of further answer, Mr. Gardenhour previously underwent a psychiatric evaluation that had specifically ruled out any evidence of underlying bipolarity. c. It is specifically denied that Mr. Gardenhour has failed to take any prescribed medication. By way of further answer, Mr. Gardenhour has been diagnosed with depression and is currently prescribed Depakote, Zyprexa and Zoloft for that condition. 4. Denied. It is specifically denied that Mr. Gardenhour suffers from psychiatric and psychological disorders. It is specifically denied that any psychiatriC or psychological disorders have caused Mr. Gardenhour to be unable to control his conduct, or th.at Mr. Gardenhour experiences uncontrolled outbursts of anger. It is specifically denied that Mr. Gardenhour physically assaulted the Plaintiff. It is specifically denied that Mr. Gardenhour threatened to kill the Plaintiff, attempted suicide in December of 2000 or discussed his own suicide on other occasions. By way of further answer, there was an incident between Mr. Gardenhour and the Plaintiff in which Mr. Gardenhour has been accused of pushing the Plaintiff. Mr. Gardenhour does deny these allegations, and this matter is currently pending ARD in Cumberland County. 5. Denied. The Defendant is without knowledge or infoJ.xnation sufficient to form a belief as to the truth of the averment stating what the Plaintiff has obse:rved; therefore, it is denied. By way of further answer, it is specifically denied that Mr. Gardenhour suffers from or has been diagnosed with mental disorders. It is specifically denied that Mr.. Gardenhour has committed acts of violence and of physical and emotional abuse toward the Plaintiff and the children. 6. Admitted in part, denied in part, It is admitted that the oldest of the children is currently involved in psychological counseling. It is specifically denied that the psychological counseling is because of Mr. Garden_hour's conduct toward the children and toward the Plaintiff in the presence of the children. 7. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment stating what the Plaintiff believes; therefore, it is denied. By way of further answer, it is specifically denied that Mr. Garden_hour is not: able to control his anger or other outbursts. It is specifically denied that Mr. Gardenhour suffers from mental disorders. It is specifically denied that Mr. Gardenhour fails to take his medication, refuses to take his medication on a regular basis, or refuses to continue with therapy, if any is recommended or required. 8. Denied.~ The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment stating that the Plaintiff has concerns; therefore, it is denied. By way of further answer, it is specifically denied that the physical and emotional safety of the children is a concern when they are alone with their father. It is specifically de. hied that it is necessary for this court to order limited contact between Mr. Gardenhour and his children under supervised visitation. 9. Denied. It is specifically denied that the court needs a psychiatric evaluation of Mr. Gardenhour for the court to properly evaluate the facts in this ca'se in order to make a decision which is proper for both parties and the parties' children. By way of further answer, there is no authority to conclude that anyone with mental health issues is necessarily unqualified or unable to perform parental obligations. The Plaintiff may obtain an expert to provide an opinion based upon the facts at the Plaintiff's expense. This petition is Plaintiff's effort to obtain expert testimony at Mr. Gardenhour's expense. 10. Denied. It is specifically denied that the court may have access to and review Mr. Gardenhour's medical and hospital records. It is specifically denied that any professional must be called upon to perform a psychiatric evaluation of Mr. Gardenhour. It is specifically denied that ~ The Defendant assumes that Plaintiffs averment number 8 contains a mista~ke. The answer to averment number 8 assumes that the second "Plaintiff' actually refers to Mr. Gardenhour. police reports or other reports or records should be introduced or reviewed in this matter. By way of further answer, if the court determines that criminal history information is to be admitted, the Defendant would request that the criminal history of both parties be admitted. 11. Denied. It is specifically denied that the Plaintiff is un.able to pay the cost of a psychological evaluation or the production of medical records. It is specifically denied that such evaluation is necessary. It is specifically denied that Mr. Gardenhour has funds sufficient to pay the costs of such evaluation and the production of such records. WHEREFORE, the Defendant prays This Honorable Co~xtt to deny the Plaintiff's Petition for Psychiatric Evaluation and Access to Medical Records, pursualr~t to In the Matter of K.D., R.D., Appeal of A.D., 744 A.2d 760 (Pa. Super. 1999), where the Superior Court of Pennsylvania held that ordering a parent to undergo psychological testing unconstitutionally infringed on the parent's right of privacy and their interest to be free from an unwanted psychological evaluation. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Supreme Court ID #86914 8 South Hanover Slxeet, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that any false statements in this Answer are subject to the penalties of 18 Pa.C.S. Section 4904, relating to Unswom Falsification to Authorities. DATE: Troy A. G~(~enho'ur MICHELLE L. GARDENHOUR Plaintiff Vo TROY A. GARDENHOUR Defendant : No. 02-5632 : IN CUSTODY IN THE COURT OF CONIMON PLEAS CUMBERLAND COUN~I~(, PENNSYLVANIA CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 12a' day of February, 2003, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer to Plaintiff's Petition for Psychiatric Evaluation and Access to Medical Records upon the following by placing or causing to be placed said copy in the United States Mail, addressed as follows: Samuel L. Andes, Esquire 525 North 12~ Street Lemoyne, PA 17043 Date: Attorney I.D. No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attomey for Defindant MICHELLE L. : GARDENHOUR, : Plaintiff : V. · TROY A. : GARDENHOUR, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5632 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of February, 2003,'upon consideration of Plaintiff's Petition for Psychiatric Evaluation and Access to Medical Records and Defendant's Answer to Plaintiff's Petition for Psychiatric Evaluation ~md Access to Medical Records, Plaintiff's petition is denied, without prejudice to Plaintiff's right to renew the request of the petition at the hearing before the Honorable Edgar B. Bayley on February 26, 2003, based upon a demonstrated need for the relief requested after the parties have presented other evidence in the case. Samuel L. Andes, Esq. 525 N. 12th Street Lemoyne, PA 17043 Attorney for Plaintiff Kara Haggerty, Esq. 8 South Hanover Street Suite 204 Carlisle, PA 17013 Attorney for Defendant BY THE COURT, esley Olef_,_~., ~n. j. 'rc MICHELLE L. GARDENHOUR, Plaintiff V. TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5632 CIVIL TERM ORDER QF CQURT AND NOW, this 26th day of February, 2003, upon agreement of the parties, the following order is entered: 1. Legal custody of Marissa P. Gardenhour, born August 12, 1996, Madison J. Gardenhour, born February 22, 2000, and Megan A. Gardenhour, born July 20, 2001, shall be shared by the mother, Michelle L. Gardenhour, and the father, Troy A. Gardenhour. The parents will cooperate to make major decisions for the benefit and protection of their children, and will exchange information regarding their education, healthcare and other major items. 2. The mother, Michelle L. Gardenhour, shall have primary physical custody of the children.. 3. The father, Troy A. Garden.hour, shall have the following periods of temporary custody until further order of court: a. Alternating weekends from Saturday at 1:00 p.m. until Sunday at 6:00 p.m. The weekends will start on Saturday, March 8, 2003. The mother shall both drop off the children and pick them up at the father's home at the commencement and end of these periods. b. Every Tuesday from 3:00 p..m. until 7:00 p.m., commencing on Tuesday, March 4, 2003. The father and his mother shall be responsible to provide transportation to both pick up the children at their day care center or at the bus stop where Marissa gets off the school bus, and to return the children to the mother's home. c. Such other afternoons or ew~nings during the week, or such additional times otherwise, as the parents may agree. 4. Ail of the father's periods of temporary custody shall be under the direct supervision of his mother Edith Gorman, and shall take place in her physical presence. When the children spend the night it will be .at her home. 5. The parents shall obtain an evaluation by Arnold Shienvold of Riegler Shienvold and Associates within ninety days, if possible. The purpose of the evaluation is to determine whether there is a need for continued supervision of the father's time with the children. The evaluation shall review the father's history and current health condition and address the mother's concerns and anxieties about him and his time with the children. The parents shall share equally the cost of Dr. Shienvold's services. Dr. Shienvold shall report, verbally or in writing, to counsel for both parents. 5. This order shall remain in effect until modified by this Court which may be done following a hearing or by agreement of the parties. Samuel L. Andes Esquire For Plaintiff Kara W. Haggerty, Esquire For Defendant Sheriff By t ~h~~,~ Edgar B. Bayley~J. prs