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Home My WebLink About97-00184 ~ I \. j .~ I ~ I ~ i I J ~ I .. i , I i , i , i I i ! ! ~ . 'it ~ ~ .~ - ~ ........ , .':) .... , i , I i i ~ i ~ I "/ ~ ~ ~i ... JOS[:PH SHINGARA and BRENDA SHINGARA, PLAINTIFF V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-0184 CIVIL TERM LISA M, ATTINGER and KENNETH R. HERMAN, JR" DEFENDANTS : IN CUSTODY ORDER OF COURT AND NOW, this 4th day of June, 1997, treating the within motion for post-trial relief as a motion for reconsideration,' the motion to reconsider and modify the order of May 22, 1997, IS DENIED.2 By the Court, /1 , /1// 1, A post-trial motion Is not authorized to be filed in a custody case. Pa, Rule of Civil Procedure 1915,10(b), 2, Joseph Shingara was not granted any rights in the order of May 22, 1997, which specifically vacated paragraph 4 of an order of April 1, 1996, We found that it was in the best interest of the child, Alyssa M, Allinger, to specifically grant the paternal grandmother partial physical custody as set forth in paragraph 2 of the order rather than award all of the alternating weekend custody to the father, Kenneth R. Herman, Jr., with the father and paternal grandmother then having to work out a division of their time with Alyssa, The standing of the paternal grandmother to seek such an award was established by the entry of the order of April 1, 1996, t f " :r. I -4- " JOSEPH SHINGARA and BRENDA SHINGARA plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 97-0184 CIVIL TERM LISA M. ATTINGER and KENNETH R. HERMAN, JR. CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this day of , 1997, following a hearing on the merits, and pursuant to the Motion(s) For post-Trial Relief filed hereto, IT IS ORDERED: l) The Petition For Custody is dismissed as to plaintiff, Joseph Shingara, with prejudice; 2) The Petition For Custody is dismissed as to I 'i i ! plaintiff, Brenda Shingara, without prejudice; 3) Paragraph 4 of the Order of Court dated April 1, 1996, in the action of Plaintiff, Lisa M. Attinger v. Defendant, Kenneth R, Herman, Jr., is hereby modified as follows: "Father, Kenneth R, Herman, Jr" shall have partial physical custody of Alyssa M. Attinger on alternating weekends, from Friday after school until Sunday at 7:00 p.m., and until Sunday at 8:00 p.m. if there is no school the following Monday." BY THE COURT: EDGAR B. BAYLEY, Judge I " " ~ JOSEPH SHINGARA and BRENDA SHINGARA Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA, v. NO. 97-0184 LISA M. ATTINGER and KENNETH R. HERMAN, JR. Defendants CIVIL ACTION - CUSTODY CUSTODY MOTION FOR POST-TRIAL RELIBF OF DBFENDANT LISA M. ATTINGBR (Pursuant to Pa.R.C,P. 227.1) TO THE HONORABLB, THE JUDGBS OF SAID COURT: 1. On May 22, 1997, the Court issued an Order hereto, providing Plaintiff Brenda Shingara partial custody rights of the child hereto, Alyssa M. Attinger, from Friday after school until Saturday at 1:00 p.m" every other weekend, A true and correct copy of said Order is attached hereto as Exhibit "A". 2. The Court provided said partial custody rights to Plaintiff Brenda Shingara, who is the natural paternal grandmother of said child. 3. Although not stated in said Order, Defendant Lisa M, Attinger (hereinafter "Defendant") submits that the Court did not grant said partial custody rights to the paternal step-grandfather, Plaintiff Joseph Shingara. 4. At the trial of this matter, Father, Defendant HeI11lan, had no objection whatsoever in providing part of his custody rights to either Plaintiff hereto, 5. The May 22, 1997 Order of Court, vacated Paragraph 4 of the existing Order of April 1, 1996, between the parties in that action, Mother, Plaintiff, Lisa M. Attinger and Father, Defendant, Kenneth R. Herman, Jr., and provided Plaintiff Brenda Shingara partial custody rights as stated above. 6. Defendant respectfully submits that the decision of the Court in granting Plaintiff Brenda Shingara partial custody rights, pursuant to the Grandparent Visitation Act, is contrary to said Act, in that Defendant Herman provides adequate custodial time to Plaintiff Brenda Shingara, pursuant to his own April 1, 1996 Order of Custody; and therefore a modification of said Order, providing separate and distinguishable custody rights to Plaintiff Brenda Shingara, is not in the best interests of the child. 7. Defendant respectfully submits, and hereby stipulates and agrees to a modification of the April 1, 1996 Order, by granting Kenneth R, Herman, Jr" Defendant in said Order, expanded visitation, every other weekend from Friday after school until Sunday at 7:00 p.m., and 8:00 p.m. when there is no school on the following Monday; and that this modification is in the best interests of the child. WHERBFORB, Defendant Lisa M, Attinger, respectfully requests Your Honorable Court to modify and/or clarify the Order of Court of May 22, 1997 as follows: 1. The petition for Custody is dismissed as to Plaintiff Joseph Shingara, with prejudice; 2, The petition for Custody is dismissed as to Plaintiff Brenda Shingara, without prejudice, 3. The Order of Court dated April 1, 1996, in the case of Plaintiff, Lisa M. Attinger v. Kenneth R. Herman, Jr., is hereby modified, sua sponte, and by agreement of Defendant, Lisa M. Attinger and/or Defendant Kenneth R. Herman, Jr., as follows: "Father, Kenneth R, Herman, Jr., shall have partial physical custody of Alyssa M. Attinger on alternating weekends, from Friday after school until Sunday at 7:00 p.m" and until Sunday at 8:00 p.m. if there is no school the following Monday." Rp.spectfully submitted: James W. Abraham, Esq. Abraham Law Offices 122 Locust St. Harrisburg, PA l7101 Attorney for Defendant Lisa M. Attinger (717) 232-7825 DATE: 6/2/97 " CBRTIFICATE OP SBRVICB I, James W, Abraham, Esquire, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing document, by regular mail, upon the following person(s), on the date indicated below: James L. Best, Esq. 838 Market St. Lewisburg, PA 17817 Attorney for Plaintiffs Kenneth R. Herman, Jr. RD #3 Sunbury, PA 17801 Defendant, Pro Se DATE: 6/2/97 / ___ /J.c,./(' __:~/(f c. JAMBS if, ABRAHAM, BSQ. JOSEPH SHlNOARA and . /JRENDA SHlNGARA, . Plaintiffs . . I'S. . . LISA M. A ITINOER, . Defendant . IN TilE COURT OF COMMON PI.EAS OF CUMIIERIAND COUNTY, PENNA NO. 97 -184 OV/I. ACTION -IA W CUSTODY PLAINTIFF'S PRETRIAL MEMORANDUM <).Pc:- ~ 1. /"2- I. FACTUAL AND PROCEDURAL BACKGROUND The Plaintiffs are the grandparents of Alyssa M, Attinger, age 6, The Plaintiff Brenda Shingara is the biological mother of Alyssa's father, Kenneth R, Herman, Jr,. and the Plaintiff Joseph Shingara is the step-father of Mr. Herman, The Plaintiffs reluctantly tiled a Petition for PartiaJ CustodyNisitation by Grandparents on January 13, 1997 to establish a definite and consistent schedule of time which they may spend with Alyssa and to guarantee written and telephonic access to Alyssa, The Plaintiffs will testilY at the trial of this matter that they love Alyssa dearly and have enjoyed a close relationship with since infancy, The Shingaras will testilY that they have in the past been close friends and mentors to Ms, Attinger and that they regret that Ms, Attinger's friendship with them has waned as her relationship with Kenneth R, Herman, Jr,. has deteriorated, Ms, Attinger has in the past allowed them frequent contact with Alyssa as well as telephonic access, She now obstructs access as much as she can, The Plaintiffs believe that Alyssa's best interests and permanent welfare will be promoted by the Court granting them a limited amount of partial custody to be drawn equally tTom the father and the mother' s time as allotted by the current Order of Court, Currently, the Plaintiff has primary physical custody of Alyssa subject to Mr, Herman having secondary custody every other weekend from Saturday to Sunday, split holidays, and two nonconsecutive weeks in the summer, The Plaintiffs contend that the amount of time which they can get with Alyssa through Mr, Herman's limited secondary custody is inadequate, This matter is set for disposition before the Court as Ms, Attinger completely refused to . f ( \ agree to any Order granting the Plaintitl's partial custody when the issue was broached by the Conciliator, 2, WITNESSES Joseph and Urenda Shingara; Lisa M, Attinger, 3, LEGAL ISSUES (I) Whether the Plaintiffs have standing to assert a claim for partial custody of Allysa? (2) Whether the Court should grant the Plaintiff's partial custody of Alyssa? (3) Whether this action was filed in bad faith? 4, LEGAL ARGUMENT ( I ) Standinx Grandparents in Pennsylvania have standing to assert a claim in the custody of their grandchildren by virtue of23 Pa,C,S, ~5312 which states: ~5312 When parents' marria~e b db""lwd or parent. are separaled In all proceedings for dissolution. subscquentto the commencement of the proceeding and continuing thercaller or when the parentf hal'e heen separated for ,fix months or lIIore. the grandparents or grcat,grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both. to the child, The court shall grant the petition if it finds that visitation rights would be in the best interests of the child and would not interfere with the parent child relationship, The Shingaras assert that Section 5312 gives them standing to make a claim for partial custody of Alyssa, Bishop v. Piller, 536 Pa, 41, 637 A.2d 976 (1994) (~5312 applies to child bom of dating relationship even though parents never married and dating relationship was brief) The Defendant has made an attack on the standing of the Shingaras due to the fact that Mr, Shingara is a step-grandfather, The Plaintiffs submit that this is not an issue as (I) the statute does not differentiate between step and biological grandparents. (2) Mrs, Shingara is clearly a biological grandparent, and (3) the courts have in the past recognized partial custody rights in step-parents, Rosado I', lJiaz, 624 A.2d 193 (Pa, Super, 1993), (2) Whether a .\'eparate order (!!partial custody should is,\'//e1 The Court should grant the Shingaras an Order of limited and reasonable partial physical custody of Allysa M, Attinger because of the strong public policy of encouraging grandparents contact with their children. their special relationship with Alyssa. because it would be in the best interests of Alyssa, because they have spent significant time with the child in the past, and because it would not interfere with the parent-child relationship, The testimony of the Shingaras at the trial will demonstrate that they have enjoyed a special relationship with Alyssa for years. notwithstanding the Delendant's mean-spirited comments to the contrary (Defendant's Brief. p, 5) The Shingaras are a stable and positive influence on Alyssa, who has received little stability, guidance. and good role models from her parents, The benefit of the Shingaras influence on Allysa will be established through trial. and if the court finds that testimony to be credible, then these factors would be grounds for making an award of partial physical custody, Under Rowles v. Rowles, 669 A2d 126 (Pa, 1995), the court must consider every "fact relevant to the physical. emotional, intellectual, moral, and spiritual well-being of a child" when considering a custody claim made by a non-parent, Moreover, there is a statutory preference in favor of continuing contact by grandparents, 23 Pa,C.S, ~5301 and a right to award partial custody to the grandparents when doing so would be in the child's best interest and would not interfere with the parent,child relationship, The Plaintiffs are convinced that the Court will find after their testimony that it would be in Alyssa's best interests for them to have limited and reasonable partial physical custody, The Plaintiffs are also convinced that granting them very limited time from Ms, Attinger's primary custody would not interfere with the parent-child relationship, The Defendant has made a "parade of horribles" argument against granting relief to the Shingaras wherein he suggested that if they are given partial custody, then other grandparents will seek it as well and the child will be on a permanent rotation from family to family, This argument is not well founded as the basis of the Shingaras claim is not just their status as grandparents but the close and long-standing relationship with Alyssa which will be proven at trial. The Clinton County case is not on point to the matter ,l7Ihjudice because of the special relationship between the Shingaras and Alyssa, The Defendant has also made much of the argument that the Plaintiff's Petition should be denied because they have adequate time with Alyssa when the child is with her father, The Shingaras would preliminarily note that this is not a facto under ~5312, Moreover, the Shingaras cannot count on Mr, Herman making Allysa available to them as matures and likely develops another family, It is important to point out that the Plaintiffs request that the Court, ifit awards them partial custody, award them time equally from Ms, Allinger and Mr, Herman's periods of custody, There is no doubt that the Shingaras have standing to bring this claim, If the Court finds their testimony that their relationship with Alyssa is in the child's best interest, then it should award them limited and reasonable partial physical custody, 3, Defelldall/'s claim for aI/orne)' 's.ree,~ The Defendant has stated and implied that the Shingara have brought this action frivolously and with the purpose of burdening the Defendant with allomeys fees and should thus be appropriately sanctioned, This claim is completely without merit. First, the Shingaras have a clear statutory right to bring this type of Petition before the Court, They have never brought an action against Ms, Allinger previously and regret the need to do so now, The prior court proceedings involved Kenneth R, Herman, Jr., and had nothing to do with the Shingaras, Additionally, the Defendant could have avoided any allomeys fees by agreeing to the Shingaras having reasonable and limited physical custody, It has been her absolute willingness to consider this idea that has brought this case before the Court, Moreover, Pennsylvania ease law and statute permits the recovery of counsel fees in only the most egregious case oflitigation abuse, There are absolutely no facts which the Defendant could prove to establish an entitlement to allorneys fees, The claim for counsel fees has injected an element of rancor and unpleasantness to this case which is unfortunate and which is probably made to distract allention from the underlying issue, It should be dismissed, 4, PROPOSED RESOLUTION The Shingaras respectfully request that the Court award them reasonable and limited secondary physical custody rights to Alyssa M, Allinger, to be taken equally from the mother and father's time, as well as reasonable telephonic access, I I , JAM S L. BEST,1.D, 838, arket Street Lewisburg, P A 17837 (717) 523-0385 Allomey for the Plaintiffs !L JOSEPH SHINGARA and BRENDA SHINGARA, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 97-184 CIVIL TERM LISA M, ATTINGER, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this~r:-iJ day of (f fA.! l' , 1 997, upon receipt of the Conciliator's Report, it appearing that a hearing is necessary, it is hereby ordered and directed as follows: .'\ .\ fnc.'~day of ......\ I'CLLL\ A hearing is scheduled for the " (j. , ::J 1997, at ~ o'clock ~,M" in Court Room Number ~ of the Cumberland County Court House, Carlisle, Pennsylvania, Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony, Additionally, both parties will submit their proposal for a reSOlu'JOf the matter. BY"':JlT' J. James L. Best, Esquire James W. Abraham, Esquire c."~.... ,0',-........(, <l/~I :2.&-/q'l. ,.,Jy, mlb ~ 5, The Plaintiff's position on custody is as follows: The Plaintiffs are the paternal grandmother and step-grandfather of the minor child. They filed an action against the Mother seeking visitation under the Grandparents Act, The would like to see the child one weekend every other month and some time over the summer and have some telephone access, 6, The Defendant's position on custody is as follows: Defendant does not believe that the Plaintiffs have standing to seek visitation under the Grandparents Act and further believes that they should have visitation when the child is in the Father's custody, 7, Need for separate counsel to represent child(ren): Neither party requested, 8, Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter shall take one-half day, 10. Other matters or comments: The first problem with this case is that the Plaintiffs filed an action against the Mother alone. The Conciliator suggested to the Plaintiffs' attorney that they must include the Father in the action if they are seeking visitation under the Grandparents Act, The second question is whether they have standing at all to obtain visitation rights under the Grandparents Act. The Conciliator indicated to Plaintiff's counsel that they should be prepared to address that issue with the court prior to the ~, I I commencement of any hearing on the case, If the court determines that the Plaintiffs have standing to pursue grandparents visitation rights, then it must decide the most equitable way to provide the grandparents with rights so as to not adversely affect either parent's custodial arrangement with the child, Date: April 23, 1997 Michael L. Bangs Custody Conciliator 4 ~ .;. ,'. .,-, ~1\B8ASAMLAw.omCE8 " "..', , 'iI.'~.is~11ll' ,MAY 121991~' , .', :,.', (lllI,a>>-'IIII~", .' '" " as Exhibit "A". Approximately one (l) year later, in January, 1996, Father again tried for custody and filed a petition For Contempt against Defendant and a petition to Modify the December 8, 1994 Order. Both petitions were denied. A true and correct copy of both Petitions are attached hereto and made part hereof as Exhibit liB". Also in January, 1996, Defendant was contacted by Children & Youth Services of Cumberland County based on an "anonymous" complaint regarding the welfare of the child. This complaint was dismissed as "invalid" on February 22, 1996. A true and correct copy of the dismissal letter is attached hereto and made part hereof as Exhibit "C", Jurisdiction of the action between Defendant and Father was then transferred to Cumberland County pursuant to the Court's April 1, 1996 Order which grants primary physical custody to Defendant, A true and correct copy of said Order is attached hereto and made part hereof as Exhibit "D", All of the aforementioned Court Orders provide partial physical custody to Father. Since the December 8, 1994 Order, and prior thereto, Father and Plaintiffs have either lived together or within five (5) minutes of each other, and Defendant submits that the majority of Father's custody time has been routinely spent with Plaintiffs. Defendant submits that Father and Plaintiffs have continuously attempted to file frivolous actions and/or take 2 frivolous measures to take custody rights away from Defendant. Said petitions and accusations have all been dismissed. Defendant believes and therefore submits that Father and/or Plaintiffs have even gone so far as to make false accusations to Children & Youth since they were not successful at court hearings. Defendant further submits that the instant action has resulted from the inability of the Father and/or Plaintiffs to take custody rights way from Defendant, and constitutes an attempt by the paternal grandmother to do so under the Grandparents Visitation Act. However, as stated by the Custody Conciliator in his Summary Report, there is a preliminary, genuine question as to whether Plaintiffs have standing to bring this action in view of the existing Court Orders between Defendant and Father. Defendant's position is, that as to Plaintiff Joseph Shingara, who is llQt the paternal grandfather, said Plaintiff has no legal standing whatsoever to bring this action; and as to Plaintiff Brenda Shingara, in view of the aforementioned exising Order, the Grandparents Visitation Act does llQt entitle said Plaintiff to partial physical custody rights, separate from and in addition to, Father's partial custody rights, as discussed below. II . WITNESSES: 1) Defendant; 2) Marlene Adams, natural maternal grandmother. 3 III. STATEMENT OF QUESTION INVOLVED: In view of the existing custody order granting Defendant primary phsyical custody and partial physical custody to Father, whether Plaintiffs have legal standing, as paternal grandmother and paternal step-grandfather, to bring a separate custody action which would entitle Plaintiffs to additional, separate partial physical custody rights, pursuant to the Grandparents Visitation Act. SUGGESTED ANSWER: NO. IV. ARGUMENT: The Pennsylvania Grandparents Visitation Act, 23 Pa,C.S,A. Section 350l et seq. provides that ".. ,when it is in the best interest of the child... continuing contact of the child...with grandparents when a parent is deceased, divorced or separated". Pa.C,S.A Section 3501. It is undisputed that the child, since birth, has always resided with Defendant as the primary physical custodian. Father has had visitation rights and Plaintiffs have been provided contact with the child pursuant to Father's rights of custody, by Court Order, since Decmeber 1994, for well over two (2) years. The Pennsyvlania Courts have further established that separate grandparent rights of partial physical custody are normally awarded when the parent is unavailable or does not have custody or visitation rights. Bucci v. Bucci, 35l Pa,Super. 457, 506 A.2d. 438 (1986). Also, in the event the child has resided with grandparents for a period of l2 months, 23 Pa.C.S.A. Section 4 In attempting to analyze and treat plai.ntiff's request with some degree of fairness and reasonableness the court is faced with the inescapable given in this case that the court has only the time of one child which in the first instance has already been carved up between the two parents. This in itself usually presents a difficult task, To recognize plaintiff's claim under the present circumstances would require the court to carve up the child's time among three people. It is also theoretically possible that the maternal grandparents would have the same rights as the paternal grandparents which creates a prospect of further division of the child's time between four different households.,. The precendent that would be set ina case like this of allowing partial custody privileges to the grandparents when they already have access to the child through their son is on which the court chooses not to set. ~ at 108. Therefore, Defendant submits that in view of Father's existing Court Order, Plaintiff Brenda Shingara is not entitled to a separate custody order, in addition to her son's custody order, as there is no question that said Plaintiff has access to the child during her son's custody; such an order would unreasonably "cut into" Defendant's court-ordered custody time; and would/may entitle Defendant's Mother, Marlene Adams (listed as a witness hereto), the natural grandmother, with separate custody rights as well; not to mention the natural grandfathers on both sides. Moreover, as the Court states in Earon, "carving up" the child's custody in this case, three different ways, takes time away from QQth parents (as noted by the Conciliator) and takes away custody time from Defendant, who has been the primary physical custodian since "day one", Therefore, in view of her son's court order, not only does Plaintiff Brendan Shingara lack legal standing to bring this 6 action under the Grandparents Act, even if there was standing, granting the relief requested in Plaintiffs' petition is not in the best interest of the child, and would set an improper precedent, V. PROPOSED RBSOLUl'ION: In view of Plaintiff's lack of standing and/or entitlement to separate visitation rights of the child, Defendant proposes that Plaintiff's Complaint should be dismissed. Further, Defendant submits this action by Plaintiffs, particularly in view of the prior court proceedings, constitutes a frivolous action and has imposed an unreasonable burden on Defendant to defend this action, as well as an unreasonable burden on This Honorable Court to hear this case, which Defendant submits entitles Defendant to an award of attorney fees in the amount of $l,500.00, as well as any other relief the Court may deem proper. Respectfully submitted: ~~ James W. Abraham, Esq. Abraham Law Offices 122 Locust St, Harrisburg, PA 17101 (717) 232-7825 Attorney for Defendant DATE: 5/12/97 7 'I"~l 1':". '.~.t'. C(l: ::-:'"11-1 P.2.'.; J II 1'IIE COUrlT OF' COHHOIl PLEAS or llorcTIIUHRERLAlW COlHlTY, PF.:NNSYLV AlII A CIVIL ACTIDll - LAW KENNETH N. m:IIHAll, JR., Phihltft, CV '301-6301 VA I.I5^ H. ATTI/lGEIl. Dwfr.-rHJnnt CUSTODY n Il I) E I! AND /lOW, thin Oth day of D~cembor, 1994, no oxceptlona having boon fll&d to tho propoHPd Ordor of Court dotod /lov~mb~r 17, 1994 regarding tho Rocomm~ndntion of lh~ Cu~tody HeRring Officer, the rocomm~ndHtionc ora RCCRpl~d ~nd ~pprov~d and are incorporated by ro!oronc~ U~ tho Flnal Ord~r of Court. ThQ Clark or Court chall notify the pRrtieD hereto of the entry of tho Ord~r in accordaocp with tho law, Il'{ Tiff. r.mJllT: to (:r: : Eugt:.'l)t;1 nI'CJFf1\HI, Cnq., Ih"BI'tnO William Wl"'Hl, EA,!, Hobert 51LvinokJ, Enq. Plulnliif D"iandont Court Oi11cPl' ~ Extr3ctcu from th ,C yCOl"i's and 7{'rllfJcd "lls '. 01' I.J-'-<.. '" day -~' A 0, 197{t ..,..:r~ .. ..,.., <'ii::., l'>" 'il .~..... ,...., " ,..",.rI.;,11., O....~l, J, Ol:.,". Prot,~'mc.ta=-y ~ Is l~:/ Com:1S3~":J r; 'Oi .. DATZ I)..., rrI<t<z 'r J... 1 03 Fl1.~t .','ll,1"y of J:\IIU31Y, 1990" EXHIBIT I_L 1,"11 I I C:-' '':'It~ O':l: :r~:(tI'l r.3/(; j {' ~ ~' IN THE COURT OF COMMON PLEAS OF NORTIIUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACflON . LAW KENNETII R, HERMAN, JR., PLATNTlflF CV - 94 . 634 vs CUSTODY LISA M, A TIINGER. DEFENDANT PROI'OSED ORDER AND NOW, this -'~ day of -.-ll.oIJ,em1'r" , 1994, IJpon consideration of the Custody Heariuc Officer's Report Recommendation and Order in accord therewith is herewith proposed, This Order shaH be entered as II Final Order unless exceptions thereto are filed by either party within ten (10) d:1ys after the effective dale hereof. Effective Dnte:--22I!)'(ihdJ{.lyII~ 19ff BY TIlE COURT: (3 1lg.,~ ~ J. p.~/6 .l.Olll 1':", ',:"it:. 0'): ,).ltd'l 2. Two nOli-consecutive weeks I~ach year commensurate with Father's vacation, with three weeks notice in advance to Mother. 3, At s\lch other times as th(~ parties from time to time agree. Pather shall have partial custody ;lIld Mother shall have physicn! c\lstody for one half of each of the holidays of New Yenr, Easter, Memorin! Day, July 4th, Labor Day. Thanksgivlne Day ;tnd Christmas Day, I'ather shall have partinl custody 01\ father's Day from 10:00 A,M. to 7:00 P.M, nnd Mother shall havc physical c\lstody on Mother's Day from 10:00 AM, to 7:00 P,M, The foregoing holiday and spedal day schedules shall supersede and take precedence over the regular physicn! custody and partial custody times and schedules. Transportation of the child by any person shall be in a vehicle which is in good running condition. currently inspected, registered and insured, and driven in a safe manner by a responsible drivcr with a current valid driver's license. A car se.."\t must be used when required hy law. Each parent shall provide his or her address and telephone number to the other. and in the event of any change shall notify the other within seven (7) days. Mother and Father shall have reasomlblc telephone calling privileges to and with each other in legitimate matters concerning the child. and reasonable telephone calling privileges to and with the child when the child is in the custody or partial c\lstody of the other. but she/he shall not call after 8:00 P,M. except in C;L~e of emergency, The parent having the custody or partial custody of the child shall allow the child reasonable telephone calling privile~es to and with the other parent, but not C after 8;00 r,M, Each pan~nt ~hall bt' I'lItitlcd to r~ceivc from the other parent. ilmlthe other parent shall promptly provide withollt request, full Wld complete infonnation conceminr, the child's health. e.ducnlion and welfare. including information from llny doctor, denti~t. teacher, school, church, babysitter. child care provider, scouting organiz.'ltion, or any ot!)('.r organization. institution or authority, and copies of all reports and documents including bllt not limited to birth records, medical nod dental reports. and school records nod information (report cards, progress reports, disciplinary reports, schedules of activities and extra-curricular activities. etc.), and vu~- \JL- 0"1 GElSINGU1 MEDICAL CENTEll . DANVILLE, PA 17U22 EMERGENCY DEPARTMENT FORM r I'AIII III :"I-'Tfr. ,\ 111U-- " \ tl, 1,:',,/",'1 "':il:~I.~",~,'J~'Ml, (lIl:--~_~ COMPl(l[UIlV \ "AI' .~, '~AM[ &AIlIllU.r,~ 1111111'011.' 111,";',11 1,1 1\1' Ii 1111" "1111 ffOA~~I(,NII> JMOI)I(lIIIIAt~~I'(lIIIAllciN-T()[n ~ i I t ~ /I ; I I! .' 'j I 'I' I I ..! \ jj I " I I 11 I f (! i;OMl.'IION~-~--L-=-OU'i'Y AGlCllliHllUAil" - ~ --- J:J1fIIOIUll- -- -L~")(- .-- MAHlIAl-!,iAiu"!i- ,. i , . ,1 J \ I ,'l . I I \ '~ . } , \ I I, " I. ii' ,I I ; I I! ' I I , --- ------- UAl'lOYlIl NAM!: 1,"'11,' [MlIIGUlCY CONTACT 1'1' 1IIIi'II' 1:111111 III ,- ------ , 1l0MI.: PIlON!: I" 1:'1,' -- ~ijilVf'IlV[;ICIANf4AM{iAOUlii~5 "1./'/ IIIIAIHJN HHlllRING I'tlY51CIAN NAME & ADOfI[SS fll 'i II.. 1111 I'll,' f, .. "i'1 I , I ~ 1.11 I' I. ,,' I" 1111111, ' , 1111""1 nidi" I111 1'111 ',I f.', I': II'; ,II', I 1'1) 1111!1I1(: I'll I PRESENT MYSElF FOA EVAlUATION AND AUTltQRIlI:; GEI5ING[l1 M[CICAl C[Nl[ftn'S f>nor[5510NAlSTAfF, EMPLOYEES AND AGENTS TO PERFORM UPON ME ANY DIAGNOSTIC STUDIES, OLOOD TnANSFU510N5 AND OTHER MWICAL CARr AND TREATMENT AS TilEY OCEM RESONAOLE AND MECICAll Y NECESSARY FOA MY O[ST INT[ReST I'ATIUH'S SIGNATURr IF PATlCNT IS UNCONSCIOUS on PIIVSICAILY UNAlIlt 10 ~;ltiN Olll:j UNDlH 18 'i[Alln or Atil COMPllll T',',( 1000lOWlUG ^,S '~Allr T OJI GUAflOIANOF TH[AOOVE PEnnQN,ICON5(NT TOTII!: AnoV( , \/ d .# /,,~ PAfI[NTonOUAllDIANSIGNATUtl[. /" f~/;';I'~//I'//./,;:rJI~,. UP, 35M~ I ;;'~ Z'~ r~101Atlc'''G'i~S ,Nt /l J:: ~ tlx; '3y 0 ~ ;[ v.< ~ ~ vI'j Jw- ~~ ~~&(W~II"~/' r.. Li"'c-A~:; ~. -pf-, ~ ~ ~f-&F ~v~~~k~~) wf ~, ~{('J 4ll( n' _ ^- U,,^ M. ./&' 0.0 ~p~ ~/~~L -pt'piy~ ~"^'. . -~' ~ '? ',~op__ _, II{S{q'(, . ,,~~ ." ~ ,~~, <} ?;~Ml-u;a-t..- /v.-~,r1v J~~G. f'&,:^ ~ A~..o. A>-~ ~') ~ ~ 1fv^-""0^-C). ,. ~-~. ^ ~ fik.)..9 ~ ~ V'~ - ^, . ^().;t. oJ E ~~ ~ ~ ~ ~ ~-() ~ ~a No J(C!, ~+~'.AM- ~ ~ ~iY'. 1~ ' '~DI~GNttl~ ..M-~ 6{S ll~ ~~,: o_ f ' 'JJy.~ ~~.;f~ TREATMENt: S W l;I'Vo-. (. ~ ~-.J,...~ 7 IIII INSIJI1ANCf. EMl'lOY[fl PIKitffi----- wonK PHONE DISPOSITION I I Dlsch.rgud I I Admlllud To: Service Room I 1 Aolorrcd To ~ IICBC IISMA,6 I JABG I JUlA IIPT,PTT 1 j AIllV1il50 II Lipase IIEKG 1..1 Cardiac Profile I 1 Trauma ProMo I [J Trauma Profile II o X,RAYS o Chusl [] KUB 1:1 C'Spinu lJ Polvis [] Obslructio Serios , /' 1 I [)(AMINrD TlI[ rATlOH IUCON5UlTATlOU WITtl on .... WHOWA5 HIE ATTENDING PtlVSICIAN WIIO W':PIIYS'~'UY PIII:'"' '''~'I( [MU:"'CY n'I""IM:'" ':lUCOIICU""WW'"' TI<< nlA(lIK)STI~ '"nTlI[H'I'[UlICCO~'uJ@Y~ A~ 111l5wlnt11:>llJ'lalll,.tTlllo Al1ntl(jtnQl.l1u~ A.212REV.I2J<J3Ik -- . . IN THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY, PENNSYLVANIA CIVll.. AcrION - LAW KENNETH R. HERMAN, JR., . PLAINTIFF CV-94-634 vs LISA M. ATIINGER, CUSTODY DEFENDANT PROPOSED ORDER AND NOW. this ~ day of -lJ n\JP.m h~.,.. . 1994, upon consideration of the Custody Hearing Officer's Report Recommendation and Order in accord therewith is herewith proposed. This Order shall be entered as a Final Order unless exceptions thereto are filed by either party within ten (10) days after the effective date hereof. Effective Date:-:7J l12-<fmkJ f; /99f' BY TIIE COURT: 8 1l"~& ~ I. CONTEMI'T OF COlIRT Lisa M, Allinger is being charged with Contempt of Court for the ti.Jllowing rcasons: I, In the court order it is stated that. "Father shall have partial custody and Mother shall havc physicul custody for one half of each of the holidays of New Year, Easter, Mcmorial Day, July 4th, l~ubor Day, Thanksgiving Day, and Christmas Day, Father shall have partial cuslody on Father's Day from 10:00 A,M, to 7:00 I',M," For the year 1995 the Father has not had partial custody Ii.Jr anyone of the holidays including Futher's Day, 2. The court order also states, "Two non-consecutive weeks each year commcnsurate with the Father's vacation, with three weeks notice in advance to Mother," The Father did not rcceive two full consecutive weeks with his daughter for the year 1995, ), Stated in the court order, "Mother and Father shall havc reasonable telephone calling privileges to and with each other in legitimate mailers conccrning the child, and reasonable telephone calling privileges to and with the child whcn the child is in the custody or partial custody of the other, but she/he shall not call after 8:00 P,M. except in case of emergency," The Father has not received any telephone privileges from the Mother regarding the child, The Father has not had any telephone privileges to and with the child at any time, 4, "The parent having the custody or partial custody of the child shall allow the child reasonable telephone calling privileges to and witb the other parent, but not after 8:00 P,M," The Mother has not allowed the child to call the Father at any time, 5, "Each parent shall he entitled to receive from the other parent, and the other parent shall promptly provide without request, full anJ complc\e inli.>nnation concerning the child's health, education and welfare, including infi.lrmation from any doctor, dentist, teachcr, school, church, baby siller. child care provider, scouting organization, or any other organization, institution or authority, and copics of all rcports and documents including but not limited to birth records, medical and dental reports. and school records and information (report cards, progress reports, disciplinary reports. schedules ofactivitics and cxtra-curricular, elc,). and information concerning any out of school activities or functions, If the information concems dates, timcs and placcs of coming events, it shall be provided immediately to the other parent so that the other parent will have the opportunity to attend or partieipatc, The parent rcceiving the information from the other parent shall be rcsponsible for the costs of obtaining it. including copying costs," The Mothcr has not concerned the Father with any details of the child's health or wclfare, or included him in any of the decisions concerning the child, MOJ>JFICA nONS , I I. Evcry othcr wcckcnd from 10:00 AM, on Saturday to 7:00 P,M, on Sunday, 2, Fathcr shali havc partial custody and Mothcr shall havc physical custody for one half of cach ofthc holidays ofNcw Ycar, Easlcr, Mcmorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day, - - '-~~ "',\ '/ s"""e<'(> Modificd to: Evcry othcr wcckcnd from 9:00 ^,M, on Saturday to 9:00 P,M, on Sunday, Modificd to: Fathcr shall havc partial custody and Mothcr shall havc physical cuslody for cvcrv othcr holiday ofNcw Ycar, Eastcr, Mcmorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day, t I f l I . I '\' !":t'~\' '~1'J.'ti!li :_~~;. I-')"~~,~\" '1.,,',1...'(( .', ;~t~~' :'~!.:~',lr;:' ',;\:.'f/ ~' .,IHr . .~~~11+.' : ': >,1,.'; ~.'.I.,.:: ' ,I''''t/"t "......, "'j'" i , . ,~"':le_" ~ , "'I" , ,;,,;,1. ,{.., ..' I. ' . . ,""'..",-, . ' ,d'~if~~~''''~l '\"" ~~' ',-i,,-il~ ,1\ " .,,~ I ~ : ~~.:~~: ,"'I" !:'f':.~~'1'; ,'"".J.~j,ll'!lt , , "Wi 1101" "'I' ,~,' 'I' . "I,. R. HERMAN, 1R., ,) ~:~:~; rm~\: PLAINTIFF , ,,1"'j:,":, ,.l,i,\'I'l! , ",'I'i'I:~ .~ .,.t ' /?Ir'~ ,~ ~ \. I', V:~ ~il~' j M. ATIINOER "'3..!lIlO 1'1 ' '~:"''I>'''' I' ' ,,';y!' .~ ~ II " t" I. ~ . "':!~'>; ~ , ;"',/. I~ ; ";,,," 19 ,"'r\.\ili . . ':' I [riJ" "'~:' ":'1'1~1J; .tl ~I ':'i.~:i'. J}\' ,,:.f "---:"'.")'iif:,mr.';, .' -I~!~ ::~;~l:~-, ~i'; . ....:...J....).. :',<)1, ".: " ,,;Up,(ln'conslderation of the Custody Hearing Officer's Report Recommendation and ..... .". I ,', Order in accord therewith is herewith proposed. ',' .~, , This Order shall be entered as a Final Order unless exceptions ,-.,:tPCt:eto are filed by either party within ten (10) days after the effective date hereof, ::,~},,~.~J. ".;';:\IlL';rk": .' ?}:':;~~"':~ ,.,:\!.." " " "\1;'1:' \', ':,::~;;f~1~~f(~VeDate:-7J ~~~/ ~ Jr;t?~ ":'''~l' .""J~,P~ 4 q ~,'f;. ,"n' ,-, ~. ". "'~i.ht, 'Jd:' I.t~," 1::.':~I(.I.t.,.(:~ ',~~I.f t P" I' , " ..' ''''', ' . ';t;.1l.:,:' . " ~;t' \:;:j .::. . ,- ,', :~"l~'J"<;" . ~~'::'.II!lll: Ii .": .:' "I ," " .,' . .~. J , " .,' :: \:,~, \1~; :', . : ~::-..~::.~';~" .,,).,,"# 'l ',."',,,,;.\....., ", "'\I." '_"''''...',I!,I. . ""<!'~""\~~i/~ tl~'\l' .J:,~...'':'' .'., ,,~.r.' ;.: i!I;(."~l"IJj~. "'~ ,~# I, ii" :. , ..:,',\(;~;~;;.. ,':'",1.: ; ._:~tW.t... t ~ IN THE COURT OF COMMON PLEAS OF NORTIlUMBERLAND COUNTY, PENNSYLVANIA CIVll. ACflON - LAW '~ CV - 94 - 634 YS CUSTODY DEFENDANT PROPOSED ORDER , r , [ f I ! , AND NOW, this ~ day of -l"Jn"e.mh,,\'" . 1994, BY THE COURT: . {3 1l,f,,.a& ~ I. ..,',"', "',' ';:,'i I l,j....W..\1 " ,~I_l.,' l . ".~ ,i :Jt~ I;; .; ,i", ":"I,!" ~ ',,, !,~;,.!'!'( I ' I',' i :;~'#', . I \,\;./,~ J. "1,""':' "I'\~I(~'.....,. " "~'-"'d'" "~:,'I,::..:/,,." ",..'r-' _.',.,',11"',' . ",;t,Z/ "11('14~1 ',iJ~ ~I[~; ';;~'.1" ~'l: \ ,~~ 'If I ~. "',:,' I, /'1) I/j' '\:'," ff.r I';' . ....,~ . !,~'j~~ ' ,';, .1,,,'.\1: t, {~tJ'.1 ':'t " .' I' . :ni ' ~ I ;,.(" ~ W!l~' ""'~'~ ,.11". "'"1:',, ,',l~~'!l',' ':~'ll M ''l1. :.,>II~ "I" \",.' ATI'lNGER, ';I:S;~ ~. ~:,y, DEFENDANT ,,',~riAi .. ;\I\~:l t~ '~N ,: "\1"\ ~nt '",',ll/.'. . ..oI,,',tft',\l'l '", ',.'r "J~r"'!':'!' . :,~y.}'l;/~.;!"I.~;' ',""',' )...t~'d'h' ': ~':, ':/'::~"~: , 'Pursuant to the Court's order a conference was held on September 19,1994 lQ:30 A.M. in the Fifth Floor Hearing Room of the Northumberland County Human ,SerVices Building at which time and place Mother appeared with her counsel, Wm. ,,' :JlmvCy-Wiest. Father appeared with his counsel, Robert H. Slivinski. ; 11,',7.._ ,'I,/'I " '.\,:',><" I, "j' ~ 1'. "I "f r"l ,.;l ';,,:, IN THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY. PENNSYLVANIA CIVn. ACl10N . LAW ~, ), R. HERMAN. JR., PLAINTIFF CV-94-634 vs CUSTODY REPORT , r '1 I , "".:,;", The parties are the parents of Alissa M. Attinger born, February 14, 1991. .' II" ',..!I',J " . '," 'I'.';' . , 1\ ,". ,',:,il; j, Father filed a Complaint in this case requesting joint legal custody and f::/teaSonable partial custody of the child, '-:::'i~(:');~:: ',~' -."-. , .1' . l':'~ :':~'.''. .: RECOMMENDATION Mother and Father shall share legal custody of the child [the legal right to :',"?akemajor decisions affecting the best interest of the child, including but not limited ,,';~~! n,tedical. religious and educational decisions]. " ,",'1,rl".. /',;\:~~l>~'~;; ,.~(~l~j~":jl:l.i. Mother shall have physical custody of the child [the actual physical possession ,(,I~atid:control of the child]. . . " 1,;. \,,\~ttl4-' :';').;{J:"J.~\ " Father shall have partial custody of the child [the right to take possession of the , "child away from the custodial parent for a certain period of time] as follows: '),,:,:::~~','~:;' j!:' '." .:;\;/,:y:,.....';:,:, . ' ~ . . 'r ..,' , ~ ~~ IJ. ~'l.' . 1,1 \r ~~~ \. I ~ .:" 1 .'...' ,,~: ';"'I{'!~"~;:; . , .,,:;,",:,' ,~,l'-":l. ~:\.. 1 1. Every other weekend from 10:00 A.M. on Saturday to 7:00 P.M. on Sunday beginning effective September 24,1994. " '., '~: ;,',' "':'l'\~ll" "j~'" ,:","j:'!',"f;'\ "1'."".\. ":,: ,';:':li'I' 'jtl}~~l'~' ',';;'1 ~ r-~' " I'll ft. I~..' -:i::~r:'t~~\\ , ,-1;~1~~.~1.'11'... """'l" , . ~ t" t \. ". . , " : ::i:,,'" 2. Two non-consecutive weeks each year commensurate with Father's ';::';\i'f{,lJ':' vacation, with three weeks notice in advance to Mother. 'I ":.', 1~'rll{.,l'\I\. 1,,,,,,O'I\\J"~'; .,.'. ::'il,:~,i'{i!\\~\~, 3. At such other times as the parties from time to time agree. , ,:" ~V~F;'U~~!')" , ";\I~J/ ~!:~~- ~~" , ;','r '1/('::: Father shall have partial custody and Mother shall have physical custody for "\~n.~:~i1If of each of the holidays of New Year, Easter, Memorial Day, July 4th, Labor , ,;:lJ:D'l!YlmJ:hanksgiving Day and Christmas Day. , .'1 I.tl,'''~~'!.. ,-' :.1 ~.I.~'.l~{r ""Itt.'"I,r"k\n./ :,./i~;!,:~~;~:1),: Father shall have p:u:ial custody on Father's Day from 10:00 A.M. to 7:00 P.M, ;J,:jli4:~P1~, other shall have phYSical custody on Mother's Day from 10:00 A.M. to , -":'~}\~~Jl:7t~'l M. . 'f,;lllt1:< 'J' , ' ",;':J ,I' ,,' I) , ,;i .: ~j I~. d~""'; . '<:;'~' The foregoing holiday and specin! day schedules shall supersede and take precedence over the regular physicn! custody and partin! custody times and schedules. . "I, ,.jJ"/~'F:;.'~" .....~.~-I..-- "I.?I ~"'" Transportation of the child by any person shall be in a vehicle which is in , goodrornting condition, currently inspected, registered and insured, and driven in a )!itf,~anner by a responsible driver with a current vn!id driver's license. A car "/,seat[lnlust be used when required by law. ';": '''((j'''1 ",,;,,>,",:~.\.,~:;..y , ,', . ,,';: Each parent shall provide his or her address and telephone number to the ,other, and in the event of any change shall notify the other within seven \l) days. . . ..'.. ~.". ." ,,,,'If.IV~','fr.ti ,-'._- ,:,' ',.,: Mother and Father shall have reasonable telephone calling privileges to and with each other in legitimate matters concerning the child, and reasonable telephone calling privileges to and with the child when the child is in the custody ,qr Partin! custody of the other, but she/he shall not call after 8:00 P.M. except in " ',;casc/;of emergency . ."':'~:'.'!'~':;l'\\'::' ""11),\' .'.J:';~: , ',":';:i,l,~-: The parent having the custody or partial custody of the child shall allow the ,,:child;reasonable telephone calling privileges to and with the other parent, Qut not · ;,',i~:iuier~B:OO P.M. '''''''T''V~~,'' '1 ;'..:...:'_::',~~\';,::,~\:",,; , " "/"': ,,: ':Each parent shall be entitled to receive from the other parent, and the other , , parent shall promptly provide without request, full and complete infonnation concerning the child's health, education and welfare, including infonnation from any doctor, dentist, teacher, school, church, babysitter, child care provider, scouting organizatior., or any other organization, institution or authority, and copies of all 1'Cport~ and documents including but not limited to birth records, medical and ,; dental, :reports, and school records and infonnation (report cards, progress reports, - 'disc;iplinary reports, schedules of activities and extrn-curricular activities, etc.), and " ,~i(:'~~~i;'~'tl ";""'J.~ ~n'~~I.,."._- . t~.'~,'i ,r;\J\.{ . : .',i<:)~,f !;fJ'~!: ' ,,'. /....~~ .,to' . . :I~I"~ {t,"'h~..l." '......ll...1'..~I.\.t1., . ,};~..t.I.4i: .:.,"~.. ,.,"--:-- ,!:/li."frhnt"'.-r. .'1'1, ',I.;I'~', .<it~,(,! II. r',. 'I ", ,.-/ "'f' '.'\\ ..'i '",,;, ,,' ;,:,,,;If LISA M. ATTINGER, Plaintiff IN TflE COURT OF CC\'IMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-380 CIVIL TERM KENNETH R. IIERMJIN, JR., Defendant CIVIL ACTION - LAW IN CUSTODY OIIDER OF counT lIND tnoI, this I-ot upon consideration of the attached ordered and directed as follows: day of Or.u;.L Custody Conciliation Report, , 1996, it is 1. The parties shall attend the four hour Seminar for Separating Parents conducted in Dauphin County and shall encourage the maternal and paternal grandparents to attend the seminar as well. Each party shall pay his or her own seminar costs. In addition, the ~,rties shall participate in a minimum of eight (8) sessions of counseling to be conducted by a professional counselor selectGd by the parties and their counsGl. The parties shall schedule the first counseling session to be held within thirty (30) days of the date of the Custody Conciliation Conference. The purpose of the counseling shall be to assist the parties in developing and maintaining communication skills nGcessary to cooperate effectively in 'raising their minor Child. The parties shall share all unreimbursed counseling costs. ' 2. The Mother, Lisa M. Attinger, and the Father, Kenneth R. Herman, Jr., shall have shared legal custody of Alyssa M. Attinger" born FebruarY 14, 1991. Sharing legal custody requires that the parties consult wfth each other in making major decisions affecting the best interests of the Child, including, but not limited to all major medical, religious and educational decisions. 3. The Mother shall have primary physical custody of the Child. II. 'I'he ['ather shall have partial physical custody of the Child on alternating weekends from Saturday at 9:00 a.m. until Sunday at 7:00 p,m. The Father shall return the Child to the Mother's custody at 8 :00 p.m. on Sunday evenings when there is no school on the Monday following the Father's period of weekend custody. 5. The parties shall alternate or share custody of the Child on holidays as follows: A. Christmas: The Father shall have custody of the Child in every year from Christmas Eve morning at 9:00 a.m. until Christmas Eve at 11:00 p.m. The Mother shall have custody of the Child every year from Christmas Eve at 11:00 p.m. through Christmas Day. The rGmainder of the school Christmas vacation shall be shared Gqually by the parties as arranged by mutual agreement. B. New Years: The ['ather shall have custody of the Child in even EXHIBIT 1_12- numbered years from New Years Eve at 9:00 a.m. until New Years Day at 7:00 p.m. The Mother shall have custody of the Child on the same schedule in odd numbered years, C. Easter: The Mother shall have custody of the Child on Easter weekend in even numbered years and the Father shall have custody of tho Child on Easter woekenu in odd numbered years. The exchange time for custody on Easter woekend shall be the same as the reglllnr wookend schedule. The parties agree that both parties shall insure that the Child attends church on Easter Sunday in every year. n. Memorial Dayj~nbo,:" Day: The party who otherwise has custody of the Child on the wookends proceding ',jl!lIlorial Day and Labor Day shall also have custody of the Child on the Monday holiday. When the Father has custody of the Child on Memorial and Labor Day weokends, he shall return the Child to the Mother's custody at 7:00 p.m. on the h~li9~Y. E. ~uly 4th: The Fathor shall have custody of t~e Child on July 4th in even numbered years from 9:00 a,m. unt11 8:00 p.m. and the Mother shall have custody of the Child on the same schedule in odd numbored years. F. Thanksgiving: Tho Father shall have custody of the Child in even numbered years on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on Thanksgiving in odd numbered years. In years when the Father has custody of the Child on a Thanksgiving Day irrrnediately preceding the Father's regularly scheduled weekend custody, the Father shall have custody of the Child from Thanksgiving Day at 9:00 a.m. until the following Sunday at 7:00 p.m. G. Mother's Day/Father's Day: The Mother shall have custody of the Child in every year on Mother's Day from 9:00 a.m. until 7:00 p.m. The Father shall have custody of the Child in every year on Father's Day from 9:00 a.m. until 7:00 p.m. II. Child's birthday: Each party shall have an opportunity to have a period of extended custody with the Child as close to the Child's birthday as possible in every year. 6. The Father shall have custody of the Child for two non-consecutive weeks during each surrrner vacation which shall be scheduled to begin on the Father's regular periods of weekend cuntody beginning on Saturday at 9:00 a.m. and ending the fOllowing Sunday at 8:00 p.m, The Father shall provide three (3) weeks advance notice to the Mother to schedule these periods of summer vacation custody. 7. The parties shall cooperate in oxchanging information concerning the Child's medical bills, medical coverage and other matters related to the Child's health, education and general welfare. 8, All exchanges of custody under this Order shall take place at . ',' ": ! "'" .j. .,1 . ')1 ;,' .'..? I ~. '. _ I, , I~) 'I) eU. t''i'? ""':fI<' "" a~ r6h2 / c}) 9 ) /iJ~t /1'<1.4-/ ~ 4- d:./Iv6, /"J) ,;I) (~;z/ta/ -ffi ft1. rt:Jar IA- . - -1' -'-.:: .," , ". ~. . . 'P,t"h" {i~;'J ,.' , . '" " ,1'"', ,,'0f;. i!::;,if!. ,;:"",tj" ,'" ,"' . . ","",~i."., J ". i'.,5, ~ "", . "" " ".. .,Cf "C'. . 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'~?t"J," '", " ',;';,;,"" '," ,", , ". ~:/:~: '-;'..".: ,,,~ :;, :"'" "'::"''':''~ "'~""..,;,,:< " " :",." ", " .. "'2:;::;:{~t>'~;it~~;' " ' ", : :L, C , .. 'i '.'" "" ',.. " ," ,,' " ',"',' ",': ~,:,,', " '" " ',' IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPII SIIINGARA and BRENDA SIIINGARA Plaintiffs \IS. CIVIL ACTION - CUSTODY. 7 NO. q., __ / S I{ (!1..A.~l C LISA M. ATIINGER, Defendant ORDER OF COURT You, Lisa M. Allinger, have been sued in court for parital custody by the grandparents of Alyssa M. Allinger. You are ordered to appear in person at the (Courtroom)(Jury Room) of the Cumberland County Courthouse, PA on the day of , 1997, at ,_.M. for a conciliation or mediation conference a pretrial conference a hearing before the court If you fail to appear as provided by this Order, an Order for Custody, Partial Custody, or Visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Coun Administrator Cumberland County CounhollJe Carlise. PA 17013-3387 Telephone: (7/7) 24().6200 BY THE COURT: Date: J, JOSEPH SHINGARA and BRENDA SHINGARA, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA vs, LISA M. ATIINGER Respondent CIVIL ACTION - LAW CUSTODY NO, (11- I f'f G.vJ - J~ PETITION FOR PARTIAL CUSTODY (BY GRANDPARENTS) I, The Petitioners are Joseph Shingara and Brenda Shingara who currently reside at RD #3, Box 142B, Sunbury, Northumberland County, Pennsylvania, 2, The Respondent is Lisa M, Allinger who currently resides at 69 Autumn Lane, Enola, Cumberland County, Pennsylvania 17025. 3. The Petitioners seek partial custody of the minor child, Alyssa M. Allinger bom February 14, 1991, currently residing with the Defendant Lisa M. Allinger. 4. The Petitioners are the patemal grandparents of said child, being the parents of Kenneth R. Herman, Jr., the natural father of the child. 5. The Petitioners desire partial custody of their grandchild of the following reasons: (a) The natural parents of the child, Ken Herman, Jr. and Lisa M, Allinger no longer are seeing each other and the minor child is in the custody of the Mother, Lisa M. Allinger; (b) The Mother, and the Petitioners are estranged and the Mother, therefore, is not allowing access of the subject child to the Petitioners; (c) The Father, Kenneth R, Herman, Jr., enjoys only secondary physical custody with respect to the child and therefore is not able to allow reasonable and sufficient visitation to the Petitioners; and (d) The child has always enjoyed a loving and good relationship with the Petitioners who desire to maintain the relationship with their grandchild. ~ ~ , , IN THE COURT OF COKMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY .' JOSEPH SHINGARA and, BRENDA SHINGARA plaintiff, NO. I vs. I LISA M. ATTINGER, I Defendant. . . CERTIFICATE OF SERVICE 1_ James L. Best, Esquire served a true and correct copy of the forqoinq Petition for Partial Custodv (Bv GrandDarents on Defendant throuqh her counsel of record by depositinq the same in the united States mail, first class, postaqe prepaid, at Lewisburq, pennsylvania, this ,th day of January, 1997, addressed to the followinql Mark T. Silliker, Esquire 204 state street Harrisburq, PA 17101 BYI s L. Best, Esquir rney for plaintiffs " LAW orr-ICES REe .l VED JUN 2 4 1994 ROO[R v, WI[ST Woo, HARVI:Y WI[5T CUARll:& H. SAYLOR ROBI:RTJ....UOLO WIEST, WIEST, SAYLOR & MUOLO OA,VIO O. NOON WILLIA... A, SWINI:HART ASSOCIA TES P. O. OOX 791 i!40,i!.... MARKCT STRtET SUNBURY, PENNSYLVANIA 17801 ARCA coer 7 I' lee.n 11 (C ~ ~~::IC[ ASHLAND orl"IC[ .7a-.3.ew .... .....075 June 22, 1994 Robert H. Slivinski, Esquire III No~th High Street, Suite One Selinsgrove, PA 17870 Re: Kenneth R. Herman, Jr. v. Lisa M. Attinqer No. CV-94-634, Northumberland County, PennsylVdnia Dear Bob: Enclosed please find a photocopy of a letter which I received June 21, 1994 from Lisa Attinger. I think it spells Qut very clearly wh~t her hesitations and concerns are about the sole visitation with Ken. *1ndl~ propose this to him with the understanding that he m~y continue to see1 the chlrd~whlnf8h8 is at his mother andstep-father's'home as well." After consultation with your client, please get back to me and we will determine if a new conciliation date need be established. Kindest regards. Very truly yours, WIEST, WIEST, SAYLOR. NUOLO '~~~ \ WHW/cjr Enclosure '8603 Mm. Harvey Wiest I pc: Lisa M. Attinger .~~~;i~;,;~~~'f' ~:;;'t"'"';ti,,~" H',,~,j~:~~i~;?;~ . v~~~r .;, o' ,:;,::gc~~~""i'i"';~'~~ m~ ~1i1J_ ~ ill!! Ii~.. ',,:'" ,;:,'._ ;"c'-', ' <,' c:- "c'" '_,'" ' ': ' .. : ,', ::,:c.: ';' >, '1~}:'" ,> , " ' , ." ': '~;:,:~~~}!,: ,~ '. '. ..;.. ... P' . ~7.;~;?;.j1, ~ ;:r' t~ :',.. "_:>"c,, ,.",',':,:'", :;'" "-,:,""'.':,; ::::'~f~t:" _ ,,:: ""c,<' ',,';.':;__' ;:;: : ",_" \:";:}~' ': , :' " ,', -,: ,c,:' "; , -~ ~: ..', '\;,'." ,"" c', ' ":'- .. ,,: ,,::': ' ,";," ',:: , -.:'-' . '~"".. : ' , ,,' ,', ,,' ,:: :~:' -" , .. :::' <,..:'.: "~; "..:' ';:'.:,., ,:::c:" __ ,,; '-',} ~<:\ "\c":::~' , ""'e- '~:~; , ;!flt!i: '.f!, ' -; " ,; :('," ;~~- ,'" ,~{! 'ie- -<",., c';~4 ;,- :;~'. ,:,'; '.' .. " ~! ;-"'-: ',' ',' ",,- i,':/.:L,~::,":, ,,' ,:,,;?f; , "" .:' "~ ><' 'V ,}~ :".,; ';:f'j : ,,:'q:../' ,':',.:: :;- ", '\'-'.. ;', .(,:,-.: I' "',;>",:-::5'./:'."':,:::-:"" ""'-':-':-;',:;:;::";:;"', ..::; ,', ,:: '::", ,: ; ,::"': , , ',' ;':..:,: "" ~_:;,-::>'O::;" i ,,", '.',':--' ';' .' ..',;:'-;'- 'ic;, : ';,',':: c:,,:,;, ",:i: ~'; ,::{ ";/" <:'~,,;;, " ,', ,',',': .',';' ':.. :"CoO' -, c ," .."':, '..".0::::"" _ .. 1;'-,;''':'>,-", ",':', '.<:<,': '.'(',"; i;" ;, >:~:,':'i'.::;- :;' p,'. <"'<> :;:;i',...."..' ," :',::/o'!:..::;;",,-,:, ~:; ',;" " " ,~-..-:;;: ';'"..:".'v;"" ..:';~':;':', ,';, ':;' " :'; '.. '.." .. '" , ~~', JOSEI'll SIlINGARA and : IN 7'I1E COURT OF COMMON l'I./~A.'i BRENDA SIlINGARA, : CUMBERLAND COUNTY Petitioner : OF PENNSYLVANIA : vs. : : CIVIL ACTION - LA W LISA M. ATfINGER : CUSTODY and KENNETII R. liERMAN, JR. : Respondent : NO. 97 - 0184 AMENDED PETITION FOR PARTIAL ClJSTODY (BY GRANDI'ARENTS) 1. The Petitioners are Joseph Shingara and I3renda Shingara who (urrenll) r,'",k ,II RD #3, 80K 14213, Sunbury, Northumberland Counly, l'ennsylval1la. 2, The Respondents are Lisa M. Allinger whu resldell al bY Autullln LUll'. Lnlll.\ Cumberland County, Pennsylvania 17025 at the time this action was tiled and who 1I11" reSides in Harrisburg, Daupin County, PA and Kenneth R. Herman, Jr., who eurrelllly reSides III RIl n 3, Sunbury, Northumberland County, Pennsylvania. 3, The Petitioners seek partial custody of the minur child, Alyssa M. Atllnger hurn February 14, 1991, currently residing with the Defendant Lisa M. Allinger. 4. The Petitioners are the paternal grandparents of said child, being Ihc parents 01 Kenneth R, Herman, Jr., the natural father of the child. 5. The Petitioners desire partial custody of their grandchild of lhe followlIlg reasolls (al The natural parents of the child, Ken Herman, Jr. and l.isa M. Atllnger nll longer are seeing C<lch other and the minor child is in the eusllldy of lhc Molhcr. I.lSa M Allinger; (b) The Mother, and the Petitioners arc cst ranged and lhe Molllcr. 11l,'rd,II" is not allowing access of the subject child to the Pelitioners; (cl The Father, Kennelh R. Herman, Jr., enjoys unly seeondar) ph)",,,1 custody with respect to the child and therefore is not able to allow rcasonable and sulfl,'lcnl visitation to the Petitioners; and (b) It io denied that Ilflff'llllant dl!l11fln pfltitioners I t access to the child, and it ill [urtlllH' (lI'IIn1<1 I:hil\: Palintiffs do I:' I not have acceoo to the child, all t IIf! nal:ural I'ather has the aforementioned Court Order grant ing 1".1 I.lll' !' parI. i a 1 cuntody rights, which provides acceoo to the ch 11d I: () P I a i III. if f n, (c) It io denied that I.hen, ill not reaoonable and sufficient visitation to Plainti[[1I in I hilt.: l, the natural Father' n parI. ial cuotody rights are court ordered; 2, Plaintiffn, an grandparento, are not legally entitled to a lIoparatfl courl. order in view of their oon'o (Fal.hor'o) partial cuotody rights; 3. Defendant believolI ilnd therefore avero that during Fatheldll villll.i1tlon, Father leaves the child with Plainl.i![o and that Plaintiffs are actually in CUlll:ody of I.he child at Plaintiffs' reoidence for t.ho majority of the vioitation time. (d) It in admittod I.hal: grandparents enj oy their relat ionnhip wi th tho child. It is denied that said relationllhip ill a npecial realtionship, or anything other than a typical grandparent/child relationship. (e) Plaintiffn and Father live within 5 minutes of each other. WHBRBFORB, Defendant requests Your Honorable Court to ~ '" dismiss Plaintiff's Petition/Complaint for custody, and award Defendant court costs, reasonable attorney fees and any othe relief the Court may deem proper, NEW MATTBR 6. Defendant incorporates by reference its answers 1 through 6 to the Petition hereto, 7, The Orders of Court of December 8, 1994 and April 1, 1996 (Exhibit "A") specifically grant Defendant primary physical custody and partial custOdy/visitation rights to the natural ! t .r I I , Father. 8. Since the separation of Defendant and natural Father in July, 1990, Defendant has been the primary physical custodian of the child, during which the child has prospered and said custody and vistitation has been in the best interests of the child, 9, In view of said Order and the partial custody rights of Father, Plaintiff Brenda Shingara, as natural grandparent lacks proper standing to request an additional and separate Court Order providing them with a separate partial custOdy/visitation rights, in addition to those of Father; and Plaintiff Joseph Shingara has no standing whatosover as he is not a natural grandparent hereto, 10. The Grandparent Visitation Act is implemented when the child of the grandparent is unable or unwilling to exercise his partial custOdy/visitation rights; and since natural Father has partial custOdy/visitation rights pursuant to the aforementioned Order, Plaintiffs, are not entitled to a separate Order hereto, 11, During Father' 0 partial custody/visitation, Defendant believes and therefore that the child spends the majority of the Father's vioitation time with Plaintiffs, at Plaintiffs residence, and that Plaintiffo residence and natural Father's residence are approximately 5 minutes apart, and Plaintiffs have every opportunity for reaBonable and sufficient acces to the child, l2. Since the ionuance of the Court Order on December 8, 1994, approximately one year later, natural Father filed for contempt againnt Defendant in Northumberland County, which was dismissed; and alno a Petitition For Modification, which was also dismissed; and Defendnnt believes and therefore avers, that Plaintiff Brenda Shin'lllra and/or Father, has falsely and deliberately reported Dofendant to Cumberland County Children & Youth and faloely and deliberately alleged sexual assault against Defendant aB otated in medical records, due to their failure to gain additional cuntody rights. Plaintiffs are now attempting to secure their own, noparate, individual partial custody rights. The Children (. Youth letter dismisBing the allegation as "Invalid" and medical record II , arc attached hereto as Exhibit "B", 13, The beot interests of the child will be served by maintaining the current custody order and dismissing Plaintiff's Complaint in that: A, oeparate, additional custody rights to Plaintiffs will detrimentally detract from the custody time of Defendant and/or natural father; B. granting of separate, additional partial custody rightn to either Plaintiff as a grandparent, will entitle other f f , I \ " , h~t11 1 r:, . ':It. O~: T:::fd'l P.]/.:, IN TIll COURT OF COMMON PLEAS OF NORTIIUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KENNETII R. HERMAN, JR., PLAINTIFF CV - 94 - 634 vs CUSTODY LISA M. ATIlNGER, DEFENDANT PROPOSED ORDER AND NOW, this -'1-t~ d.1Y of ~.e.mj,.r ,1994, upon consideration of the Custody Hearlne Officers Report Recommendation and Order in accord therewith is herewith proposed. This Order shall he entered as n Final Order unless exceptions Iherelo are filed by either party within ten (10) days afrer the effective date hereof. Effective D3Ie:-22/!J.<J)"l},l.!f.tu; ~ 19ff BY TIll COURT: (3 1?,.a& L ], It"dl 1:. "~ll; CO:J~lHI'1 r.5',;. 2, Two nOli-consecutive weeks each year commensurate with Father's vacallon, with three weeks notice In advance to Mother, 3, At such other times as the parties from time to time agree. Father shall have partial custody and Mother shall have physical custody for one half of each of the holidays of New Year, Basler, Memorilll Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. Father shall have partial custody on Father's Day from 10:00 AM, to 7:00 P.M, and Mother shall have physical custody on Mother's Day from 10:00 A.M. to 7:00 P.M, The foregoing holiday and special day schedules shall superse1e and take precedence over the regular physiclll custody and partial custody times and schedules, Transportation of the child by any person shall be in a vehicle which is in good running condition, currently inspected, registered and insured, and driven in a safe manner by a responsible driver with a clUTent valid driver's license. A car seat must be used when required by law, Each parent shall provide his or her address and telephone number to the other, and in the event of any change shall notify the other within seven (7) days, Mother and Father shall have reasonable telephone calling privileges to and with each other in legitimate matters concerning the child. and reasonable telephone calling privileges to and with the child when the child is in the custody or partial custody of the other, bul she/he shall not call after 8:00 P.M, except in ca.~e of emergency. The parent having the custcxly or partial custody of the child shall allow the child reasonable telephone calling privileges to and with the other parent, but not · after 8;00 P.M. Each parent shall be entitled to receive from the other parent, and the other parent shall promptly provide without request, full and complete infonnation concerning the child's health, education and welfare, including infonnation from any doctor, dentist, tC<lcher, school, church, habysitter. child care provider, scouting organization, or any other organizatioo, institution or authority, and copies of llll reports and documents inCluding but not limited to birth records, medical and dental reports, and school records and infonnation (report cards, progress reports, disciplinary reports, schedules of activities and extra-<:urricular activities, elc,), and hOd I l~, 1':lt, O?: 3.h:t1'1 P.6/6 infonnation concernIng any out of school activities or functions. If the Information concerns dates, times and places of coming events, it shall be provided Immediately to the other parent so thnt the other parent will have the opportunity to attend or participate. The parent receiving the information from the other parent shall be responsible for the costs of obtaining it, including copy costs. Neither parent shull alienate or attempt to alienate, nor allow others to alienate or attempt to alicnate, the affection of the child for the other parent, Each parent shall excrt ev!:l)' reasonable effort to foster a feeling of affection between thc child and the other parent. November 7, 1994 pc: Wm, Harvey Wiest, Esquire Robert H, Slivinski, Esquire , ,'If '..J" LISA M. ATTINGER, Plaintiff IN THE COURT OF CCX'1MON PLEAS OF CUMDERLNND COUNTY, PENNSYLVANIA vs. NO. 96-380 CIVIL TERM KENNETH R. HERMAN, JR" Defendant CIVIL ACTION - LAW IN CUSTODY OODER OF CXXIRT AND lD'/, this 14t upon consideration of the attached ordered and directed as follows: day of o.J;J"u.L Custody Conciljation Report, , 1996, it is 1. The parties shall attend the four hour Seminar for Separating Parents conducted in Dauphin County and shall encourage the maternal and paternal grandparents to attend the seminar as well. Each party shall pay his or her own seminar costs, In addition, the parties shall participate in a minimum of eight (8) sessions of counseling to be conducted by a professional counselor selected by the parties and their counsel. The parties shall schedule the first counseling session to be held within thirty (30) days of the date of the Custody Conciliation Conference. The purpose of the counseling shall be to assist the parties in developing and maintaining communication skills necessary to cooperate effectively in raising their minor Child. The parties shall share all unreimbursed counseling costs. 2. The Mother, Lisa M. Attinger, and the Father, Kenneth R. Herman, Jr., shall have shared legal custody of Alyssa M. Attinger,. born February l4, 1991. Sharing legal custody requires that the parties consult wlth each other in making major decisions affecting the best interests of the Child, including, but not limited to all major medical, religious and educational decisions. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Saturday at 9:00 a.m, until Sunday at 7:00 p.m. The Father shall return the Child to the Mother's custody at 8:00 p.m. on Sunday evenings when there is no school on the Monday following the Father's period of weekend custody. 5. The parties shall alternate or share custody of the Child on holidays as follows: A. Christmas: The Father shall have custody of the Child in every year from Christmas Eve morning at 9:00 a.m. until Christmas Eve at Il:OO p.m, The Mother shall have custody of the Child every year from Christmas Eve at ll:OO p.m. through Christmas Day, The remainder of the school Christmas vacation shall be shared equally by the parties as arranged by mutual agreement, B. New Years: The Father shall have custody of the Child in even numbered years from New Years Eve at 9:00 a,m. until New Years Day at 7:00 p.m. The Mother shall have custody of the Child on the same schedule in odd numbered years. C. Easter: The Mother shall have custody of the Child on Easter weekend in even numbered years and the Father shall have custody of the Child on Easter Imekend in odd numbered years. The exchange time for custody on Easter weekend shall be the same as the regular weekend schedule, The parties agree that both parties shall insure that the Child attends church on Easter Sunday in every year. n. Memorial Day!.~abo.r Day: The party who otherwise has custody of the Child on the weekends preceding l.julllorial Day and Labor Day shall also have custody of the Child on the Monday holiday, When the Father has custody of the Child on Memorial and Labor Day weekends, he shall return the Child to the Mother's custody ~:OO p.m. on the holi_d?y. E. July 4th: The Father shall have custody of the Child on July 4th in even numbered years from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on the same schedule in odd numbered years. F. Thanksgiving: The Father shall have custody of the Child in even numbered years on Thanksgiving Day from 9:00 a.m. until 8:00 p.m. and the Mother shall have custody of the Child on Thanksgiving in odd numbered years. In years when the Father has custody of the Child on a Thanksgiving Day inrnediately preceding the Father's regularly scheduled weekend custody, the Father shall have custody of the Child from Thanksgiving Day at 9:00 a.m. until the following Sunday at 7:00 p.m. G. Mother's Day/Father's Day: The Mother shall have custody of the Child in every year on Mother's Day from 9:00 a.m. until 7:00 p,m. The Father shall have custody of the Child in every year on Father's Day from 9:00 a.m. until 7:00 p.m. H. Child's birthday: Each party shall have an opportunity to have a period of extended custody with the Child as close to the Child's birthday as possible in every year. 6, The Father shall have custody of the Child for two non-consecutive weeks during each summer vacation which shall be scheduled to begin on the Father's regular periods of weekend custody beginning on Saturday at 9:00 a,m, and ending the following Sunday at 8:00 p.m. The Father shall provide three (3) weeks advance notice to the Mother to schedule these periods of summer vacation custody. 7, The parties shall cooperate in eKchanging information concerning the Child's medical bills, medical coverage and other matters related to the Child's health, education and general welfare. 8. All exchanges of custody under this Order shall take place at J t I CBRTIFICATB OF SBRVICB I, James W. Abraham, Esquire, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing document, by regular mail, upon the following person(s), on the date indicated below: James L. Best, Esq, 838 Market St. Lewisburg, PA l7837 DATE: 5/12/97 ~hq;/{' JAMBS W. ABRAHAM, ESQ. >- a, .. c..; r~ : ...... ,- ~I<:: l'J ).. a:l, .,- <;>l ,.., fi' !J' r;' . >. 'J .' I. t-. - ') '.I. r- U O' ( ) I J JOSEPH SHINGARA and BRENDA SHINGARA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 97-0184 CIVIL TERM LISA M. ATTINGER and KENNETH R. HERMAN, JR., DEFENDANTS : IN CUSTODY ORDER OF COURT By the Co~, i AND NOW, this 16th day of June, 1997, IT IS ORDERED: (1) The motion of Brenda Shingara to modify the order of May 22, 1997, IS DENIED. Paragraph 2 of the order of May 22, 1997, replaced paragraph 4 of the order of April 1, 1996, and as such must be read in conjunction with the entire order of April 1 , 1996. (2) The motion to clarify the order of May 22, 1997, by more specifically defining the alternate Friday pick-up time in paragraph 2, IS GRANTED, The pick-up time shall be at Ihe conclusion of the regular school day. If Friday is not a school day, the pick-up time shall be at noon. James L. Best, Esquire For Plaintiffs Edgar B. B yley, J. } James W. Abraham, Esquire For Defendant Kenneth R. Herman, Jr., Pro se RD # 3 Sunbury, PA 17801 C<.t-u-"-' (>l'-<'<-(.(. {; 1/'1 /q 7 ~~ .Y. :saa JOSEPH SHINGARA and BRENDA SHINGARA, Plaintiffs ) . . . . . IN 11fE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 97 -- 0184 CUSTODY ACTION LISA M. ATIINGERand KENNETH R. HERMAN, JR., Defendants, Motion for Modification/Correction of Custody Order 1. On May 22, 1997, the Court, per Judge Edgar B. Bayley, ordered that Brenda Shingara shall have partial physical custody of Alyssa M. Attinger from Friday after school until Saturday at 1:00 p.m. on alternating weekends. 2. The Plaintiff, Brenda Shingara, accepts the basic design of the Court's Order but respectfully requests that the Court (I) define the time on Fridays when the pick-up of Alyssa will occur and (2) specifically define her rights to Alyssa during the summer vacation from school. 3. The Plaintiff requests that the Court set a specific time on Fridays rather than relying upon "after school" because Mrs. Shingara and Ms. Attinger cannot agree upon the meaning for this tenn. Ms. Allinger construes the same to be at the conclusion of after-school daycare while Mrs. Shingara construes it to be at the conclusion of the regular school day. 4. The Plaintiff requests that the Court establish a set schedule for partial physical custody in the summer months as the Order of May 22, 1997 only addressed the school year and as there is little likelihood that the parties will be able to reach an amicable agreement upon this issue. WHEREFORE, the Plaintiff, Brenda Shingara, respectfully requests that the Court ModifY/Correct its Order of May 22, 1997, to specifically (I) defme the pick-up time on Fridays during the school year and to (2) specifically define her periods of partial physical custody during the school year. ~ ~ , .:.. , I f. ; I l f J I I . Respectfully submitted, REED & BEST / . B' A t. 62069 838 Market Street Lewisburg, P A 17837 (717) 523-0385 Attorney for the Plaintiff, Brenda Shingara - 2- CERTlFICA TE OF SERVICE I, JAMES L. BEST, JD, do hereby certify that I have served a true and correct copy of the foregoing Motion for Modification upon the following, by mailing a copy, first class postage prepaid, at Lewisburg, PA. this 6'h day of June, 1997, addressed as follows: James W. Abraham, J.D. 122 Locust Street Harrisburg, PA 17101 Kenneth R. Herman, Jr. RD3 Sunbury, PA 17801 Reed & BesO _ / B~ (~( a es L. Best .. - INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS 1. Brenda K. shingara 4 18 26 2. Joseph Edward Shingara 28 30 32 3. Kenneth R. Herman, Jr. 33 36 38 FOR THE DEFENDANT 1. Lisa Marlene Attinger 39 51 61 62 2. Marlene R. Adams 63 66 2 - - INDEX TO EXHIBITS FOR THE PLAINTIFF 1. Letter I'iARKED 53 ADMITTED 55 J .. . 1 May 21, 1997, 1:43 p.m. 2 Carlisle, Pennsylvania 3 4 (Whereupon, the following proceedings 5 were held:) 6 THE COURT: Ready to proceed? 7 MR. BEST: Yes, Your Honor, 8 MR. ABRAHAM: Yes. 9 THE COURT: Go ahead, moving party. 10 MR. BEST: May I call my first witness? 11 THE COURT: Yes, 12 MR. BEST: Call Brenda shingara. 13 Whereupon, 14 BRENDA K, SHINGARA, 15 having been duly sworn, testified as follows: 16 DIRECT EXAMINATION 17 BY MR. BEST: 18 Q Mrs, shingara, can you please state your full 19 name and address for the record. 20 A Brenda K. Shingara, R.D. 3, Box 142-B, 21 Sunbury, Pennsylvania, 22 Q That's in Northumberland County? 23 A Yes, it is. 24 Q Mrs. Shingara, how old are you? 25 A Forty-four, 4 - . 1 Q Are you presently married? 2 A Yes, I am. 3 Q What's the name of your spouse? 4 A Joseph Edward Shingara. 5 Q How long have you been married to Joseph? 6 A Twenty-one years. 7 Q Do you have a son Kenneth? 8 A Yes, I do, 9 Q What is Kenneth's full name? 10 A Kenneth Richard Herman, Jr. 11 Q How old is Kenneth? 12 A Twenty-seven. 13 Q Who is the father of Kenneth? 14 A Kenneth R. Herman, Sr. 15 Q Is that a former spouse? 16 A Yes, it is. 17 Q Are you the grandmother of any children 18 through Kenneth? 19 A Yes, I am, 20 Q How many? 21 A One. 22 Q What's the child's name? 23 A Alyssa Marlene Attinger. 24 Q How old is Alyssa? 25 A six years old. 5 . . 1 Q Do you recall her date of birth? 2 A February 14th, 1991- 3 Q Mrs. shingara, you and your husband have 4 filed this petition to have a special award of partial 5 custody in your capacity as grandparents, is that correct? 6 A Yes, it is. 7 Q By way of background, could you tell the 8 Court a little bit about the nature and extent of your 9 relationship with Alyssa from the time she was born to the 10 present? 11 A From the time she was born for the first 12 up to the first six months, Lisa Attinger would not let us 13 have any contact whatsoever with her. At the age of nine 14 months she brought her to the house for us to see her for 15 the first time since her birth. After that, we soon became 16 primary caretakers of Alyssa while she was working, 17 Q Now, I need you to be specific about that 18 point. You stated soon after your first contact with 19 Alyssa, which was when the child was nine months old, you 20 became what you called a primary caretaker? 21 A Yes, 22 Q What do you mean by that phrase? 23 A Lisa worked at Penn's Tavern and she would 24 call. I would go and pick her up, and I would baby-sit from 25 the time she would start work until the time she would get 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. off. Q And how many days a week did you do that? A six days a week. Q And from what period of time are we talking about? A I really can't -- it was a long time. It was, like, maybe six months almost, Q What changed at the end of that six months? A She moved out of the home and moved to Enola to go to school, and we helped her move from there to Enola. We helped her get set up in an apartment. We helped her, gave her money to go to school to get an education, She would call, and we would take care of Alyssa, Q Now, at the time that Miss Attinger and Alyssa moved to Enola, Cumberland County, how old was the child? A I would say about four, Q Four years old. Now, you testified that you began to have contact with her at about nine months of age? A Yes. Q How would you characterize your relationship with Alyssa for those first three years of your contact with her? A Great, great, When she's around me, there's actually I don't know how to put it into words, to 7 .1 .. ... t 1 describe it to the Court. We have so much fun. She brings 2 so much joy to me and I do to her. We talk all the time, 3 you know, about anything that comes up. I just don't know 4 how to put it into words. 5 Q And before we delve into what happened after 6 Miss Attinger move1 to this county, you stated that she 7 worked at Penn's Tavern, which is near Sunbury, for about 8 six months. After Miss Attinger -- 9 THE COURT: Penn's what? 10 11 BY MR. BEST: 12 Q After Miss Attinger ceased working at Penn's 13 Tavern, did you continue to do any baby-sitting for Alyssa? 14 A Yes, I did, Off and on all the time while 15 she was going to school, On several occasions, I even went 16 to her home and spent the night and took care of Alyssa, 17 Q Is this before she moved to Enola? MR. BEST: Penn's Tavern, Your Honor. 18 19 A Q No. I'm a little confused, I want to make sure 20 the Court is clear on this point, You testified there was 21 about a three year period in which you had contact with 22 Alyssa before she moved to this county. 23 24 A Q Yes. And for six of those months, Miss Attinger 25 was working at Penn's Tavern? 8 .. .. A She also resided there. a Where? A At Penn's Tavern. a She 11 ved at Penn's Tavern? A Yes. a Where was Alyssa living at that point? A At Penn's Tavern upstairs with Williams which is the owner of Penn's Tavern. 1 2 3 4 5 6 7 8 9 Q During that period of time, did Alyssa ever 10 spend the night at your house? 11 A Yes, she did, 12 Q How frequently, if you can recall? 13 A Very frequently, There was a time that she 14 was in our home for three weeks straight that her mother did 15 not come and see her but one hour out of that time, and 16 there is a lot of things that happened in between that three 17 week span I care not to throw up in the court. 18 Q That's fine. How was your relationship with 19 Miss Attinger in terms of your being able to ask her to 20 spend time with Alyssa at the time she decided to relocate 21 to Enola? 22 A Great. I could call anytime. I could take 23 her on vacation. I could take her camping, There was a 24 great communication level until she moved down to Enola 25 where her mother moved soon afterwards, and then things 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. started going wrong. Her mom would say no. Q Was there a change in the amount of contact you had with Alyssa following the move to Enola? A Yes. Q And could you please state what that change was. A Less time seeing Alyssa, Q Could you quantify how much less time? A It got down to like every other week, and it was on Kenny's weekend. This all took place after he won his fatherly rights, and it got less and less in which she wouldn't let us have any involvement in anything with Alyssa. Q Let's break that down. Prior to that time, did you have involvement in any of Alyssa's activities? A Frior to that, yes, all, Q Could you please tell the Court some specific instances of your involvement with Alyssa and her activities? A One time we come down to the day care center and picked her up for Lisa because she had finals to study for to take in school. We picked her up. We took her home. We cared for her, and we brought her back to her home when her mother called on the same day that she was finished, We used to go out to eat, You know, we -- constantly we took 10 .. ., 1 her down and played with her at the playground. I just 2 don't know what to say anymore. 3 Q Now, ma'am, at this period in time was Hiss 4 Attinger allowing you to spend time with Alyssa that was 5 independent of any time awarded to your son, Kenneth? 6 A No, no. 7 Q Now, I'm referring back in time prior to 8 deterioration of your relationship. 9 A Before she moved to Enola or in between in 10 the three year span? 11 Q Let me ask you the question this way, Was 12 there some time at which you became limited to your son's 13 periods of partial custody? 14 A Yes. 15 Q When did that occur? 16 A Before Christmas. 17 Q Before which Christmas? 18 A November of '96. 19 THE COURT: What happened then? I'm sorry, I 20 lost track. What happened in November of '96, ma'am? 21 THE WITNESS: We had less time with Alyssa 22 beings the father is having his own quality time with his 23 daughter, 24 THE COURT: Okay. 25 THE WITNESS: Which that's less, you know, we 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . ., get to see her. THE COURT: Okay. BY MR. BEST: Q Just so we're clear, Mrs. Shingar3, my question is, was there -- at some point in the past, was it possible for you to have time with Alyssa that was not just the time that was set aside for Mr. Herman? A At one time there was up until November and now there's no from November up to now, there is no phone calls accepted to talk to Alyssa. Q Let's just not get ahead of ourselves. I'm going to get to the present situation, I want you to just briefly tell the Court how your relationship and involvement with Alyssa developed and progressed from the time that she and her mother took up residence in Enola up to that point in November of '96 when you describe it as a rapid breakdown, A I really don't know how to put it into words. It just Q Were you seeing Alyssa? A Yes, I was, Q On what kind of basis? A A pretty normal schedule I thought. I thought it was working out great. Q Can you tell the Court though how often were 12 .. .. 1 you seeing Alyssa during that period ot time? 2 A I would say at least once a week. 3 Q And where would you see her? 4 A In her horne, 5 Q You would corne down to Enola? 6 A We would go down to her home and spend a 7 couple hours in her home with Lisa and Alyssa, and a couple 8 times we got to take her home and bring her home the next 9 day, you know, Everything -- I don't know how to put it 10 into words. 11 Q Did you make phone calls to Alyssa during 12 that period? 13 A Yes, I did, and always before 8:00, 14 Q And were you allowed to speak to Alyssa 15 duri~g those periods? 16 A Yes, I was, 17 Q What happened to change the amount of your 18 contact with Alyssa and your relationship with Miss 19 Attinger? 20 A I really don't know, 21 Q What time do you want to point to as to say 22 when there was a dramatic change in your access to Alyssa? 23 A I don't know months and times. 24 Q You had mentioned November 1996. Why did you 25 mention that? 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . - A Because from that time on I'm not allowed to call her. I'm not allowed to do really anything because it wasn't too long after that there was a paper sent that I was harassing her. So, therefore, I quit calling because I am not harassing her. I was begging her to please let me speak to my granddaughter or asking her for arrangements to pick her up. But beings that she sent a letter stating that I was harassing her, there was no more phone calls. I didn't feel I was harassing her by asking if I may have my granddaughter. Q Ma'am, since November 1996, has Miss Attinger allowed you to have any time with Alyssa independent of what is court ordered for Kenneth? A No, sir. Q How often does Kenneth have Alyssa? A Every other week and elected holidays, Q And have you seen Alyssa every other week? A One weekend I do, One week I don't, Q Do you see her every time that your son has her? A Yeah. But I don't spend time with her because he's, you know, in his own home now and he's been taking her to his home. I might see her for an hour or so, and then he takes her home, He brings her up, you know, 14 . .. 1 before he heads back to take her home on Sunday for another 2 hour. But as actual quality time to go play and do 3 activities with her, no, sir. 4 Q And do you feel that's different from your 5 prior contact and involvement with her? 6 A Definitely. Like I said before, I was able 7 to take her out in the yard and play with her, enjoy her, 8 and have fun like you do with your grandkids. Now I don't 9 even have that. It's what the parents decide if you get ten 10 minutes, five minutes, you know, that's how I get it. 11 Q Now, do you often provide the transportation 12 for your son's periods of secondary custody? 13 A Sometimes. 14 Q Has there been a change about the evening or 15 time when the child is picked up? 16 A No. 17 Q What day of the weekend does Mr. Herman 18 normally get Alyssa? 19 A Saturday mornings at 9:00, 20 Q Had you ever made it a practice of picking 21 her up on Fridays? 22 A Yes, I did. 23 Q Could you explain that to the Court. 24 A My son works night shift, which he would have 25 to take off of work to the time that Lisa would get off of 15 .. . 1 work. To make arrangements or to pi-ck her up, he would have 2 to miss a whole day's work. We thought it would work out if 3 we could pick her up Fridays. That would be a couple hours 4 that we could take her to eat and spend quality time with 5 her until he would come and pick her up after work. 6 Q And was that ~cceptable to Miss Attinger at 7 one point in time? 8 A At one point in time, yes. 9 Q And when did she cease that? 10 A When we had our last hearing. 11 Q And since that time, she's not permitted you 12 to pick up Alyssa on Friday evenings? 13 A I'm not allowed to see Alyssa. I have tried, 14 attempted to call Alyssa and speak with her, I was not 15 allowed that. 16 Q Does Miss Attinger at this point give you any 17 information about what Alyssa is doing in school or what her 18 activities are? 19 A No, nothing whatsoever. 20 Q Do you feel it would be in Alyssa's best 21 interest for you to spend more time with her? 22 A Yes, I do. 23 Q Could you concisely state why? 24 A Because she's really attached to me. I've 25 been there from day one. If you could see her with me, you 16 .. . 1 could see there's no harm to her or her mother whatsoever. 2 There's love there. I praise her mother. I praise the 3 other grandmother at all times and she knows this. 4 She loves to go to Bible school which we hold 5 at Poe Valley every year, She's already talking about it. 6 We compromised on the birthday. We have her a little 7 summertime birthday party with my husband's nieces and 8 nephews in our yard with cake and ice cream and a normal 9 situation. 10 Being we can't celebrate her birthday in 11 February, we have a little get-together with a Couple kids 12 in the yard. And now she's to the point, she says, grandma, 13 am I going to be able to have that summertime birthday 14 party? And I said, why are you asking this, Alyssa? 15 Because my mommy says, no, my birthday ain't in summertime. 16 Now, I don't know how to answer a child when she comes to me 17 this way. 18 I don't want to turn her against her mother. 19 I don't want to turn her against her grandmother __ 20 THE COURT: Hold on a minute. Next question. 21 MR. BEST: I have no further questions at 22 this time. You may cross-examine. 23 THE COURT: Cross-examine. 24 25 17 . . 1 CROSS EXAMINATION 2 BY MR. ABRAHAM: 3 Q Mrs. Shingara, you are the natural 4 grandmother of Alyssa, correct? 5 A Yes, I am, 6 Q Mr, Shingara is not the natural grandfather, 7 is that right? 8 A No, but he gives all of the love that he can 9 as a natural 10 Q I understand. Let's talk about what you were 11 indicating as far as nine months -- after the child was 12 approximately nine months old, you indicated on direct 13 testimony that there was a period of time in which Alyssa 14 was working at Penn Tavern, is that right? 15 A Lisa was, not Alyssa. 16 Q I'm sorry, Lisa. Lisa was, is that right? 17 A Yes, she was. 18 Q Lisa was also staying in an apartment at Penn 19 Tavern, isn't that right? 20 A Yes. 21 Q And the child was residing with Lisa at that 22 time, isn't that right? 23 A Yes, 24 Q Actually, during this time, as your attorney 25 used the word, you essentially would baby-sit the child when 18 . . 1 Lisa needed you to do so, is that right? 2 3 A Yes. Q And I believe you testified that there was a 4 time period in which there was some consecutive days. How 5 many days during this six month period would you say she 6 stayed overnight with you? 7 8 9 10 11 12 with me. 13 A Alyssa? Q Yes. A I would say pretty much, Would you say ten days? Q A I would say 50 percent of the time she was Q You are talking about three months of the 14 time she stayed with you, is that right? 15 16 A Yep. Q But yet you call yourself a baby-sitter when 17 she needed that baby-sitting, isn't that right? 18 A Yeah, I would call it that because that's 19 what her mom always called it. 20 Q Now, your attorney asked you after this six 21 month period if you continued to do baby-sitting for the 22 child, and you answered yes, isn't that right? 23 24 A Yes. Q Now, you are aware of the December 1994 court 25 order that was entered in Northumberland County in this 19 I f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. case, isn't that correct? A Exact dates I can't remember but -- Q Okay. MR, BEST: Judge, just to make a very short objection to clarify that. Mr. Abraham said in this case. Actually, that would be pertaining to the case between Miss Attinger and Mr, Herman. THE COURT: I assume there is a court order out there regarding the father? MR. ABRAHAM: There is. I have a copy. THE COURT: Is it in the pleadings somewhere? MR. ABRAHAM: It's in my pretrial memo, sir. THE COURT: What is the date of the order? MR, ABRAHAM: December 8th, 1994, Your Honor. That is, as Mr. Best says, between Mr. Herman and Miss Attinger. BY MR, ABRAHAM: Q At that time, taking you back to December of 1994, you didn't file for any rights of custody independent of your son, did you? A We filed a paper for, I took it, under impression for visitation rights. Q But the only order you ar~ aware of is an order giving your son visitation rights, isn't that correct? A Right, 20 . . 1 Q What I'm saying is, you didn't apply for 2 separate visitation rights like you did this time, isn't 3 that correct? 4 A No, I did not. 5 Q Now, under that December 1994 order, it was 6 your understanding that your son had evary other weekend 7 custody, isn't that correct? 8 A Yes. 9 Q And isn't it true that since 1994 your son 10 has lived with you, isn't that correct? 11 A '94 and '95, part of '95. He didn't really 12 live the whole, but that was due to a motorcycle accident 13 and he was recovering, 14 THE COURT: wait a minute. The question is, 15 and I will ask it, what period of time did your son live 16 with you? 17 THE WITNESS: 1994 up to, I would say, the 18 end of April in '96, 19 THE COURT: April '96. Next question. 20 BY MR. ABRAHAM: 21 Q Now, during this time period when Mr. Herman, 22 your son, had court ordered visitation, the child would be 23 at your house, isn't that right? 24 A Yes, she would. 25 Q Now, you talked about one time you had picked 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. up the child from a day care facility and you brought the child back. So you didn't have the child overnight, isn't that correct? A No, I did not. Q Now, you talked about that prior to, let's say, 1994 you would see the child one time per week. Who would do all of that transportation? A We would. My husband or I. Q So Miss Attinger was cooperative with you at that time, isn't that right? A Yes. Q And she allowed you time with the child if you requested it and it didn't conflict with her schedule, isn't that right? A Yes, Q Now, you talked about Friday pickups that you had once in awhile pursuant to your son's custody, is that right? A Yes. Q Isn't that quality time also for Miss Attinger? A What, to Alyssa or Lisa? Q To Lisa. A What do you mean quality time to her? Q I believe you testified that when you picked 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . .. up the child on a Friday night that that was quality time for you. If the child was with Lisa, wouldn't that be quality time for her? A I guess, Q Now, in 1996, I believe it was, are you aware of the fact that your son filed a petition for contempt and a petition to modify his order? Are you aware of that? A Yes, I am. Q And is it your understanding and do you recall that the result of that petition for a contempt is that it was dismissed and that the custody schedule did not change? Are you aware of that? A The custody has changed, to my knowledge. Q But she still gets the child or has the child every other weekend, is that right? A Ken does, yes. Q That's right, Are you aware of a Children and Youth action that was taken against Miss Attinger at the same time or about the same time the petition for contempt and the petition to modify custody was filed in January of '96? A Yes, Q Did you file that complaint at Children and Youth? A No, I did not. 23 1 2 3 4 5 ~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. Q Do you know who did? A No, I do not, Q You have no idea who made that complaint to Children and Youth? A No, I don't. Q Did your son make that complaint to Children and Youth? A I don't know, MR. BEST: objection. She just answered she didn't know, THE COURT: She doesn't know, She did answer that, BY MR, ABRAHAM: Q Did you understand what the result of that Children and Youth investigation was? A No, I do not. Q If I told you that that Children and Youth action was dismissed, would that -- MR. BEST: I'm going to object to this line of questioning, Your Honor, I think she said she doesn't know who made that report, THE COURT: Overruled. Ask the question. If I told you, go ahead. BY MR. ABRAHAM: Q If I told you that that Children and Youth 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - ., action was dismissed, would that surprise you? A No. Q Did you take the child back in 1996 to the Geisinger Medical Center? A My son took Alyssa to Geisinger Medical Center, and I went with him. Q Let me restate that. That's in 1994? A Yes, Q In about November of 1994? A That sounds about right. Q And then the first court order in this case -- in the case between the father and the mother in Northumberland County was entered in December of '94? A Yes, Q Now, do you recall that there was a concern that evidently there was sexual assault involved with the child? A Yes, Q Was that your position? A We took her up there with marks on her. She come up, She was crying that there was three mans attacking her in her room. I consulted a doctor in sunbury that was familiar with neglect and abused children, I told him I don't understand what to do, Q Geisinger never found any sexual assault as a 25 .. ., 1 result of that, isn't that right? 2 A Lisa or Kenneth Herman did never tell me what 3 the results of that day was. until this day I do not know 4 what's in them medical records. 5 Q Mrs. Shingara, most parents -- many 6 grandparents baby-sit their grandchildren, isn't that 7 correct? 8 A Yes. 9 Q And most grandparents will have situations 10 where they go on special trips with their grandchildren, 11 isn't that right? 12 A Yes, 13 Q And most grandparents love their 14 grandchildren, isn't that right? 15 A Yes, 16 MR. ABRAHAM: I have nothing further, Judge. 17 THE COURT: Anything else? 18 MR, BEST: Just one or two fOllOW-Ups, Your 19 Honor. 20 REDIRECT EXAMINATION 21 BY MR, BEST: 22 Q Ma'am, is it your position your relationship 23 with Alyssa was the typical grandparent/grandchild 24 relationship or something beyond that? 25 MR. ABRAHAM: I'll object as leading. 26 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Sustained. Well, not for that. I mean, that is an opinion. I mean, she has told me what her relationship is. What it is I can define. MR. BEST: That's fine. I have a related question. BY MR. BEST: Q Do you think -- would you characterize your relationship with Alyssa as that of a baby-sitter? A No. MR. ABRAHAM: Object again, Your Honor, asked and answered. THE COURT: Overruled because you cross-examined on that. You got her to say that. She first told me, of course, that we were the primary caregiver during this period of time. You turned that into baby-sitting. I know what it is. I heard her say what she was doing. MR. BEST: In that case, I have no further questions, Your Honor. You may step down, ma'am, Joe Shingal'a. THE COURT: MR, BEST: Next. Whereupon, JOSEPH EDWARD SHINGARA, having been duly sworn, testified as follows: 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;. .. DIRECT EXAMINATION BY MR. BEST: o sir, could you please state your full name and address. A Joseph Edward shingara. o And, Mr. Shingara, what is your age? A Thirty-eight. o What is your relationship to Brenda Shingara? A She's my wife. o And what is your relationship to Alyssa Attinger? A Step-granddaughter. o You are not her biological grandfather? A No, I am not. o Has that fact affected your relationship? A Not at all. o Could you describe for the Court your relationship with Alyssa? A Very good. I love her very much. She loves me, I did all of the running to pick her up and drop her off, bought her mother cars, bought her clothes, her TV's, VCR's, took her camping, took her to the playgrounds, shopping, everything, a very good relationship with her. o So that I don't have to ask you all the same questions I asked your wife, did you hear her testimony with 28 .. . 1 respect to the nature and extent of your relationship with 2 Alyssa from the time of her birth to the present? 3 A We had her many nights overnight. We would 4 pick her up, bring her home, keep her sometimes until the 5 next morning or whenever Lisa would come for her, I would 6 run to Harrisburg to pick her up at 4:00 in the afternoon 7 when she had the job at Tavern on the Hill, take her home 8 and keep her overnight. We had her all the time. 9 Q Did you hear your wife's testimony regarding 10 how the relationship and the amount of contact has changed? 11 A Yeah. 12 Q Did you agree with what she said? 13 A Well, we get practically no time with her, 14 The only time we get with her now is if Ken brings her up. 15 Q At previous points in time, were you able to 16 call Lisa Attinger and request time? 17 A Many times we would call her and ask her and 18 tell her we were going to go camping over the weekend, could 19 we have Alyssa to take her with. Ninety-five percent of the 20 time she always said yes unless she had other plans. 21 Birthday parties or anything like that it was always yes. 22 Now it's no contact. 23 Q Are you permitted any contact beyond what 24 Kenneth receives at this point and time? 25 A No, 29 Q Alyssa? A Q interest? A .. .. 30 . . ,t ~ f;- 1 A Yes, I was. 2 Q Now, during the time in which Lisa Attinger 3 was working at the Penn Tavern, she had her apartment there, 4 isn't that right? 5 A Yes, they did, And isn't it also true that the child never 6 Q 7 resided with you while you were living at your residence, 8 she resided with Lisa Attinger, isn't that correct? 9 A When she worked at Penn Tavern, yes. 18 19 unavailable she would agree or allow the child to spend time 20 with you, isn't that correct? Q So isn't it true that when she was 10 Q And when your wife talks about primary 11 caretaker, she's talking about essentially baby-sitting when 12 Lisa Attinger was not available, isn't that right? 13 A Not true. 14 Q What is she talking about? 15 A She is talking about us picking her up and 16 having her for three, four days at a time while her mother 17 worked or went to school or whatever and keeping her. 21 A Yes, she would, 22 Q Now, when you filed this custody action, is 23 that when you are saying the telephone access and those 24 kinds of things stopped? 25 A All of that stopped before that. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Q How long before that? A A few month. Q Isn't it true and don't you agree with your wife that for a long period of time Mr. Herman, the natural father, lived with you? A Yes, he did. Q And when he had visitation under his order, you had the same visitation under the order, isn't that correct? A Yes, we did. MR. ABRAHAM: I have nothing further, Judge. THE COURT: Anything else? REDIRECT EXAMINATION BY MR. BEST: Q Just a point of clarification, Mr. Shingara. During the period of time that Kenneth, Jr., lived with you, did Lisa Attinger allow you to have time with Alyssa in addition to his every other weekend portions of hOlidays? A Yes, she did, many times. Q And would you make that request to her? A Have I? Q Had you during that period of time? A Yes, we have. Q Did she cooperate at that time? A Yes, she did. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . Nothing further. You may step down. Call Kenneth lierman, Jr. Whereupon, KENNETH R. HERMAN, JR., having been duly sworn, testified as follows: DIRECT EXAMINATION MR. BEST: THE COURT: MR. BEST: BV MR. BEST: Q and address. A Kenneth R, Herman, Jr., R.D, 3, Box 993, Sunbury, PA, 17801. Q Mr, Herman, what is your age? A Twenty-seven. Q You are the biological father of Alyssa Mr. Herman, could you state your full name Attinger? A Yes, I am. Q How old was Alyssa when you first saw her? A I would say six months, seven months. Q And can you describe what your relationship with the child has been since that time, since the time of your first contact? A Just like a father and daughter, Q How often are you seeing her right now? A Every other weekend. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 weekend? residence? A Q A Q A miles. .. . Q And during your periods of partial custody with Alyssa, what do you normally do with her? A Well, I try to stop up and visit them for an hour or two a day, and then I have other places I like to go with her, Knobles and stuff. Now that she's getting older and I go more with her places I can't always be there, you know, It's like some weekends go by where I don't get up to see them, and there is nothing I can really do, Q Do you have another family as well? A Yes. Q Where do they reside? A Selinsgrove, PA, Q And what time do you first get her on the A Q A Q 9:00 usually Saturday morning. When do you have to take her back? 7:00 Sunday night. And how far do you live from Miss Attinger's It's about an hour drive, 50 miles one way. Now, you have your own residence? Yes. How far is that from Mr. and Mrs. Shingara's? I would say approximately five to eight 34 .... - 1 What's your relationship to that family? Average family. No, Is that your natural father's family? 2 3 4 Yes, 5 I take it you like to have contact with them 6 7 Yes. 8 Would you have any objection to the Court specific order of partial custody to Mr. and Mrs. 9 10 13 it were so inclined to grant our petition, would make half 14 of the time awarded to the Shingaras come out of your 15 allocated time? 16 A Yes. 17 THE COURT: I am not sure I got which way he 18 answered that. What was the question? 19 MR, BEST: The question, Your Honor, was, 20 would Mr. Herman have any objection if the Court were so 21 inclined to grant our petition if it took an equal amount of 22 time away from him as well as Miss Attinger? 23 THE COURT: You said you have an objection or 24 you don't? 25 THE WITNESS: I said, yes, I wouldn't mind. 35 i f . '""'" .... 1 THE COURT: You would not mind? THE WITNESS: I would not mind. THE COURT: If half the time you now get Alyssa your parents get her your mother gets her? THE WITNESS: I was trying to work out a 2 3 4 5 6 thing with, like, one weekend out of a month my time and one 7 weekend out of her time would be okay. 8 THE COURT: Okay. 9 MR. BEST: I have no further questions. 10 CROSS EXAMINATION 11 BY MR. ABRAHAM: 12 Q Mr. Herman, you've had every other weekend 13 visitation since December of 1994, Do you recall that? 14 A Yes. 15 Q And do you recall that you had filed for a 16 petition for contempt about a year after you got that order? 17 A Yes, 18 Q And that was a result of the fact that there 19 was a snow storm in Harrisburg, and you didn't get your 20 visitation so you filed for contempt, isn't that right? 21 A There was a couple contempts gathering up at 22 that time just not that, There was probably three or four 23 other contempts. And I personally really wouldn't want to 24 bring that up because it's between Lisa and I on them. 25 Q Now, do you know who contacted Children and 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. Youth? A No, I do not. Q You didn't contact Children and Youth, did you? A No. Q There was a long period of time in which you heard your mother and Mr. Shingara testify that you resided at your mother's house, isn't that right? Yes, And that was after December of 1994, isn't A Q that right? A Q A Q After '94? Yes, when you had your first court order. Yeah. So during that entire time when you had visitation they had visitation, isn't that true? A To a point, yes. Q And even now that you don't live there you're only five minutes away, isn't that right? A About ten. Q That's probably the furthest distance you've ever lived away from your parents, isn't that true? A No, Q Where else? A Trevorton, PA. 37 .. . 1 Q How far is that? 2 A Probably about 15, 20 minutes away. 3 Q So now -- so the furthest you've ever lived 4 away from where they live is about 15 to 20 minutes, isn't 5 that right? 6 A Yes, so far. 7 Q And they always have the option when you have 8 the child to drive up to your house, isn't that true? 9 A Yes, if I'm home, 10 Q Now, you talked about your willingness to 11 take half of your time and give it to your grandparents, 12 isn't that right? 13 A Yes, 14 Q So for a long period of time, that's what's 15 been occurring anyway, isn't that true? 16 A Baaically trying to work things out. 17 MR. ABRAHAM: I have nothing further, Your 18 Honor, 19 REDIRECT EXAMINATION 20 BY MR. BEST: 21 Q Just so we're clear, you're not giving Mr. 22 and Mrs, Shingara every other weekend at this point and 23 time, are you? 24 A No, no, not at this time, no. I'm saying I 25 try to get up there for an hour or two a weekend, sometimes 38 .. .. 1 five, six hours. I usually try either Saturday or Sunday to 2 get up and visit them with the child, but actual time alone 3 with her, I don't give them none. 4 MR, BEST: Thank you. Nothing further. 5 THE COURT: You may step down. 6 MR. BEST: Those are all of the witnesses we 7 have at this time, Your Honor. 8 THE COURT: Mr. Abraham. 9 MR. ABRAHAM: Lisa Attinger. 10 Whereupon, 11 LISA MARLENE ATTINGER, 12 having been duly sworn, testified as follows: 13 DIRECT EXAMINATION 14 BY MR. ABRAHAM: 15 Q State your name for the record, Lisa. 16 A Lisa Marlene Attinger, 17 Q And you are the mother of Alyssa, correct, as 18 we have all heard? 19 A Correct, 20 Q Let's take you back to the birth of this 21 child, Were you and Mr. Herman together at that time? 22 A No, we weren't. 23 Q What was the situation? 24 A We had separated about two months after I 25 found out I was pregnant. We were having real difficulties 39 ... .. 1 in our relationship for like six months prior to that. I 2 became very, very ill in my first two months of pregnancy, 3 and so I was at home with my mother. And they would call 4 and they would threaten that they we.e going to take my 5 child away from me. 6 MR. BEST: Objection, This is, you know, 7 they. 8 THE COURT: She separated two months into the 9 pregnancy. That was the question, Next question, 10 THE WITNESS: I'm sorry. 11 THE COURT: That's okay. If you would just 12 angle a little more. I am having trouble hearing you. 13 That is good. 14 BY MR, ABRAHAM: 15 Q Let's go to the time in which you heard Mrs. 16 Shingara testify regarding the Penn Tavern situation. Is 17 that where you were residing? 18 A We had an apartment on top of the restaurant. 19 Q Who's we? 20 A Myself, Alyssa, and my fiance, Mark Williams. 21 Q What kind of contact would the plaintiffs 22 have during the time in which you were at Penn's Tavern? 23 A Well, like I said, when she was about nine 24 months old, I first took her up there, They had been 25 calling, I tried to make amends with them, They had 40 .. .. 1 started asking me -- like, I would go and visit for a couple 2 hours, and then they started asking me if they could watch 3 Alyssa while I was working, which my mother and sister had 4 always done, and they were not quite happy that I was, you 5 know, taking on another baby-sitter. But I tried to, you 6 know, let them have her occasionally so they would be happy. 7 Q You heard Mrs. Shingara testify that she was 8 the primary caretaker of Alyssa. Do you agree with that? 9 A That is in no way, shape, or form the truth. 10 Q Why not? 11 A Because she had her -- like, she would call 12 and she would ask me if she could baby-sit. So I would 13 bring her up maybe on a Wednesday evening, and then probably 14 every other weekend because I had my mom and my sister who 15 also had always baby-sat for me, And they wanted to be -- 16 they were not happy that I had someone else baby-sitting 17 because they wanted to be with her. So I had to juggle 18 between three sets of baby-sitters essentially. 19 Q They testified that -- the plaintiffs 20 testified that for a significant period of time they had the 21 child overnight, What do you recall as to how often they 22 would have the child overnight? 23 A The most they would have her overnight is 24 like a Friday or Saturday night when we had to work real 25 late because the business was real busy, and I didn't want 41 .. .. 1 to go pick her up at 2:30 in the morning when we are getting 2 off work so I would let them keep her until morning. 3 Q You heard Mrs. Shingara say that during the 4 six month time period in which she stated she was the 5 primary caretaker she had the child 50 percent of the time 6 overnight. What is your recollection? 7 A That's not true at all. B Q How would you place a percentage on the 9 amount of time they had the child? 10 A I would say ten maybe. 11 Q How often would you say your family and your 12 mother had the child during that time period? 13 A I would say my mother was more like 50 14 percent because my mother was a big help for me. 15 Q Now, when you moved to Harrisburg, what year 16 was that? 17 A I moved to Enola January -- I believe I 18 started school in 1994, 19 Q Now, you received, as we submitted in the 20 pretrial statement, a petition for custody in there, and 21 there was a court order entered in Northumberland County. I 22 believe that is your Exhibit A, is that right? 23 A That's right. 24 Q What was the circumstances of that order, 25 very quickly? 42 .. . 1 A Ken would get her every other weekend, and 2 they had designated holidays. He was living with his 3 parents at the time, so his parents could have her then. 4 They would still call for additional time, and, you know, 5 every now and then if I didn't have anything I would let 6 them come pick her up, 7 Q What happened then the following year as to 8 custody? 9 A The following year -- 10 Q About a year later, I should say. 11 A In December, there was a big argument around 12 Christmastime about his parents showed up six hours early 13 to pick her up, and we were busy getting -- we were supposed 14 to go shopping, and I was very unhappy about that, 15 Also, there was an instance with the 16 blizzard, and I didn't feel the transportation situation was 17 safe. I asked them if we could please switch weekends, and 18 he was not happy about that either, So we got into some 19 squabbles about custody. 20 Q What happened next? 21 THE COURT: Are we talking December '95? 22 THE WITNESS: '95, right, January '96, about 23 a month later after all of the squabbling, I received a 24 letter from Children and Youth services stating they had 25 received an anonymous complaint concerning the welfare of my 43 . . 1 child. 2 BY MR. ABRAHAM: 3 Q What was the result of that investigation? 4 A A caseworker came to the house and visited 5 with me and Alyssa and talked to us and talked to Alyssa, 6 and she said she, you know, would get back in contact with 7 me. I received a letter about a month later stating the 8 case was dismissed as an invalid complaint. 9 Q That's Exhibit C of your pretrial memorandum, 10 is that right? 11 A That's right. 12 Q What happened to the petition for contempt 13 and the modification that Mr. Herman filed? 14 A They were both dismissed. At the time I had 15 filed an action -- when I received the modification action, 16 I filed one in Cumberland County because I was tired -- no 17 attorneys from Harrisburg wanted to travel to 18 Northumberland. I was tired of having to travel up there so 19 I changed jurisdiction. 20 Q So the current order in this county is the 21 April 1996 order, is that right? 22 A Um-hum. 23 Q And that, I believe, is your Exhibit 0 -- 24 A Right, 25 Q -- to the complaint, Has the child lived 44 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with anybody else her entire life except you? A Just me and, you know, my -- we lived with my mother for a good period of time. Q And what do you understand the access or time in which the plaintiffs would have with Alyssa during their son's visitation since December of 1994? A I mean, most of the time that Ken had her they were at his parents' house, When they, in fact, filed this action, she was spending a week at their house, He was working when they filed this action against me, Q You mean a weekend at their house? A No, he had a week during Christmastime, and she was there the whole time because I called. Q So you're talking about, like, during the summer vacation that's allotted in the order, during Christmas vacation that's allotted in the order, that kind of thing? A (Witness nodded affirmatively) Q When you would call, where would you call? Would you call Ken's house or would you call the plaintiffs' house? A I would call the plaintiffs' house. Q Was the child always there? A Always. Q You heard the plaintiffs testify in regard to 45 . . 1 lack of telephone access. What is your recollection as to 2 how often they call and/or how often you allowed her to talk 3 to Alyssa? 4 A When things were good, they would call and 5 there would be no problem. But when things were bad, and 6 like the minute you didn't give them what they wanted, they 7 would call and they would say horrible things to me on the 8 phone, They called me names. I just can't __ I just can't, 9 you know, deal with that kind of stress, I just can't. 10 Q Would this ever occur in the presence of the 11 child? 12 A Well, yeah, they would call and they would be 13 saying I'm an unfit mother on the phone, and of course I 14 would start crying and, you know, my daughter would have to 15 see that too. 16 Q Okay. 17 A Sorry, 18 Q That's all right. Take your time, Now, 19 Lisa, you had provided them some time voluntarily, isn't 20 that right? 21 A Yeah. As long as, you know, they would at 22 least try to be nice to me, you know, and just be civil with 23 me, I was willing to work with them at all times. You know, 24 I tried to give them what they wanted so everybody would be 25 happy, you know. I don't think that -- I think that's what 46 - .. 1 Alyssa would want, you know. She loves both of her 2 grandparents. She loves all of us. 3 Q What is Alyssa's relationship with your 4 mother, Marlene Adams? 5 A Well, she's very very close with my mother. 6 My mother was actually the first person to hold the baby 7 when she was born. 8 Q How often -- strike that. How long did you 9 live with your mother -- 10 A I lived 11 Q -- with Alyssa7 12 A I lived with my mother the whole time I was 13 pregnant and a few months afterwards until I recovered from 14 my c-section, and then I moved out on my own in Oalmatia 15 and I started working, I was working as a waitress to try 16 to save up money for college. 17 Then we moved back with my mom when we lived 18 in Enola. Expenses between college got to be too much for 19 me. I just couldn't afford it anymore. I couldn't make my 20 rent, I asked my mom if I could please live with her again. 21 Q Aside from you, is there anybody else who you 22 would consider as a primary caretaker of the child for any 23 period of time? 24 A No, I would consider myself to be the 25 primary caretaker, and my mother would be right up there 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . .. -;:;0; close to me. Q How has Alyssa done all these years? How is she as a child? A She's very bright. MR. BEST: I'm going to object. That's an opinion type question. THE COURT: Nobody knows better than a mother how her child is. I will let her tell me. Go ahead. THE WITNESS: She's a very bright and happy little girl. She's always singing songs. She's very, you know, outgoing, very sociable. She loves people. BY MR, ABRAHAM: Q What kind of education and/or pre-education have you involved her in? A I enrolled her last year in st, Stephen's Episcopal school in prekindergarten, and they have an after school day care there right at the school, She's attending kindergarten there this year, She's doing very well. THE COURT: She is actually in kindergarten now? THE WITNESS: Yeah, she's actually in kindergarten now, BY MR, ABRAHAM: Q A Does she enjoy it? sometimes she does, Sometimes she doesn't. 48 - . 1 Alyssa has a problem with rules. She doesn't like nap time, 2 you know, just your typical child stuff. 3 Mrs. Shingara talked about what she Q 4 considered quality time on Friday evenings. What do you 5 consider quality time or when is that? When do you get a 6 chance for quality time? 7 A When I'm not working, I try to make my time, 8 you know, quality time. Of course, there's always chores like housecleaning and things like that. But, you know, like, you know, some Friday nights, you know, if I didn't have anything going, you know, I would try to let them have I , I I 9 10 11 12 her. 13 But on some Friday nights I like to take her 14 to city Island, or sometimes her classmates have birthday 15 parties those nights, For those instances, that's the only 16 reason I didn't want to give them a court order because I 17 don't want to be set carved in stone with it. 18 Q Now, you heard Mr. Herman testify that he 19 evidently doesn't mind time with -- sharing his time with 20 the grandparents. Why do you think he said that? 21 A Because he's been doing that all along. What are your objections to having a court 22 Q 23 ordered separate order for the grandparents? What are your 24 concerns? 25 A My concerns are that I have a hectic schedule 49 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as it is. I have my own family that I have obligations to. They want to be with Alyssa too. I've got a brother, a sister, my mother, They all are very close to my child because we lived with them, And I just don't think a child should be carved up between all these people. I don't understand why you need to carve a child up like that. Q Why do you think it is not in the best interest of Alyssa? A Because she's got a set schedule, It's a stable schedule, It's destructive to her. Q How long has she been on the current schedule really? A For ever since the first court order went into effect. Q Since December of 1994? A Yeah. Q Now, Mr. -- the plaintiffs in their pleadings have indicated that you have refused to provide any additional custody time beyond what is set in Mr. Herman's schedule, is that correct? A No, that is not. Q What's incorrect about that? A Well, I was -- like I said, I was complying if they called down and asked if they could pick her up Friday, Sometimes I would say no because I had something 50 ... .. 1 going on, and other times I would say that's fine, you Know. 2 Q Do you Know of any reason why Mr. Herman 3 cannot share his custody with the grandparents, his custody 4 time periods? 5 A I don't thinK there is any reason at all. 6 MR. ABRAHAM: Nothing further, Judge. 7 THE COURT: Cross. 8 MR. BEST: I do have some questions. 9 CROSS EXAMINATION 10 BY MR. BEST: 11 Q Ma'am, isn't it a fact that from the time the 12 Shingaras filed this to today's date you have not allowed 13 them any additional time with Alyssa beyond what Mr. Herman 14 gets pursuant to the court order? 15 A NO, that's not true, 16 Q Have you called and offered? 17 A I don't call and offer. They call and -- 18 Q Answer my question yes or no. 19 THE COURT: Wait a minute, Don't tell her 20 how to answer. 21 MR. BEST: Excuse me. 22 THE COURT: What don't you do? You do not 23 call and offer? 24 THE WITNESS: I don't call and offer, no. 25 MR. BEST: So that's no, 51 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. ., BY MR. BEST: Q Is it your testimony, ma'am, that you dispute Mrs. Shingara's claim that she was a primary caretaker and spent 50 percent of Alyssa's time with her for the first couple of years? A I absolutely do. MR. BEST: May I approach the witness, Your Honor? THE COURT: Yes. BY MR. BEST: Q I show you a photocopy of a two page letter, Do you recognize the signature at the end of it? A Yes, Q And whose signature is that? A That's my signature. o Do you recognize this letter? A Yes. o And did you, in fact, write that letter? A Yes, I did. o Could you please read the highlighted sentence. MR. ABRAHAM: I'll object, Your Honor. I'll ask her to read the entire paragraph. THE COURT: I will let her read the whole thing. It is short. 52 ,. .. 1 MR. BEST: That's fine, Your Honor. 2 THE COURT: Read a little slow though because 3 she has to write this down, 4 THE WITNESS: Okay. 5 "Dear Bill: 6 Thank you very much for appearing 7 THE COURT: Tell me first of all the date of 8 the letter. 9 THE WITNESS: June 16th, 1994. 10 THE COURT: Go slower. 11 THE WITNESS: This is addressed to Mr. 12 William Harvey wiest, Wiest, Wiest, Saylor & Muolo, P.O. Box 13 791, 240-244 Market Street, regarding Kenneth Herman. 14 "Dear Bill: 15 Thank you very much for appearing on my behalf at 16 the hearing on June 8th, 1994. I apologize for my absence, 17 however, I did not receive notice of the hearing. 18 I made an attempt to speak with Ken concerning 19 this custody action, however, he refused to speak with me on 20 the matter and stated that his attorney advised him not to 21 communicate with me, 22 Ken's proposal is unreasonable and not in the best 23 interest of my daughter, Alyssa. First, he h~s had ample 24 opportunity to visit with her for the last three years, 25 especially since his parents have been Alyssa's primary 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 .. .. baby-sitters over the last two years, however he chose not to do so. His visitation has been sporadic because he chose not to spend time with her when he had full opportunity to do so. second, his home is without running water and toilet facilities and is therefore unfit for my daughter to inhabit. Finally, Ken is not even working and cannot properly provide for my daughter according to the time he has designated in his proposed visitation in my home for each of the designated holidays. All other items that were specified in Ken's proposal, however, not mentioned or amended here, are out of the question, Yours truly, Lisa M. Attinger." BY MR. BEST: Q Miss Attinger, I take it that letter was written in the context with your dispute with Kenneth Herman? A That's correct. Q There is a sentence in there that's been highlighted wherein you state that his parents, the shingaras, were the primary baby-sitters for the last two years. A I said baby-sitters. Q Is that statement true and correct? 54 .. . 1 A I would say yes. 2 MR. BEST: Your Honor, I would move this into 3 the record as Petitioner's Exhibit No.1. 4 THE COURT: Any objection? 5 MR. ABRAHAM: No objection, Your Honor. 6 THE COURT: It is admitted. 7 BY MR. BEST: 8 Q Miss Attinger, do you dispute the claim of 9 the Shingaras that up until last fall they would frequently 10 call you and ask for additional time with Alyssa and you 11 would grant it? 12 A I don't dispute the fact that they would 13 frequently call, but I would dispute the part that I would 14 frequently grant it, 15 Q How often would you grant it? 16 A I would -- I really can't answer that 17 question, but I don't think it was on a frequent basis, not 18 all the time. I'm saying I didn't grant them all the time 19 they asked for. They would always ask me for time. That's 20 not a question. They were always asking for time. I didn't 21 always say yes. 22 Q How would you characterize your relationship 23 with the Shingaras up to that point? 24 A Our relationship's been sort of sweet and 25 sour. Like I said, I've tried very hard to get along with 55 .. .. 1 them. Sometimes they were very good to me. other times 2 they were very, very mean to me, 3 Q There have been times, have there not, where 4 you have been very close to the Shingaras? 5 A 'les. 6 Q They have provided you with various forms of 7 assistance in the past, haven't they? 8 A I guess, if you want to look at it as 9 assistance. Sometimes I've thought of it as almost selling 10 my soul. I've paid dearly for everything they have done for 11 me. 12 Q Would you agree with the Shingaras' testimony 13 that your relationship with them soured sometime in the fall 14 of '96 and has not gotten better since then? 15 A It was sour before that, It was sour when I 16 was dating Kenny. His mother one time threw apples at me. 17 Q Do you disagree with their basic contention 18 that the relationship with you in terms of being able to ask 19 for time with Alyssa got really bad as of late 1996? 20 A Late 1996. I would say it's been bad on and 21 off. I don't think it got, like, anymore -- any worse at 22 that point. It was bad in 1994. 23 Q Ma'am, you heard the testimony that until 24 somewhat recently you were permitting the Shingaras to pick 25 up Alyssa on the Friday evening preceding Mr. Herman's 56 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 period of secondary custody, is that correct? A Urn-hum. o Have you, in fact, now prevented them from doing that? A I would say only up until, like, the last conciliation hearing. o Are you refusing to let them take her on any Fridays at this point? A I told Ken that it was best at this point to wait, o Isn't it a fact that you have withheld that as a retaliation for their filing this petition? A No, no, I just -- I'm actually sometimes afraid of them. o Is it also a fact that you do not allow them to call Alyssa? A That is not true. o Are they welcome to call her at anytime? A I've never stopped them from calling her. o You've heard their testimony that they are not permitted to call. You disagree with that? A I disagree with that. o Would you agree that Alyssa loves the shingaras? A I would agree with that. 57 .. .. 1 I. f" Q She enjoys going to their home? !. A Yes, I do. Q Why do you feel it would be not in Alyssa's best interest that she have a regular period of time to see 2 3 4 5 the Shingaras? 6 A Because I think her time is already carved up 7 enough. I think it's destructive. I think it's not fair to 8 the parents, partially because we both have schedules to 9 work around as it is, It's hard enough to work out the 10 schedule we have, and I think she's used to the schedule she 11 has now. She's used to seeing them every other weekend. 12 Q You are sort of saying it's not in the 13 parents' best interest? 14 A No, I'm not saying that at all. I'm saying 15 she's stable and content and happy with the schedule as it 16 is now. She hasn't asked to spend anymore time with them, 17 She's happy with what she has. 18 Q Has she ever told you she doesn't want to 19 spend more time with them? 20 A No. 21 Q Is it your testimony that it would be harmful 22 for Alyssa if you would spend one less weekend a month with 23 her and the Shingaras would spend one more? 24 A Yes. 25 MR. ABRAHAM: I'll object, Your Honor. 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. THE COURT: Sustained. BY MR. BEST: Q How do you think it would be more harmful for her? MR. ABRAHAM: Objection. THE COURT: I sustained the objection. MR. BEST: I need to change the line of questioning, Your Honor, BY MR. BEST: Q You testified that you need time for Alyssa to spend with your other relations, is that correct? A That's true. Q Now, your mother, where does she live? A My mother lives in Camp Hill. THE COURT: I'm sorry, where? THE WITNESS: Camp Hill. BY MR. BEST: Q You currently live in? A Harrisburg, Q How often does your mother see Alyssa? A She picks her up about once a week or so, takes her to the movies for an hour or two and brings her back. Q How far a distance is your home from your mom's? 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. A I don't know, maybe -- I really don't know. I don't know. with the traffic, it's hard to say. It's probably about a half hour drive with the traffic, Q So you're saying your mother sees her at least once a week? A At least. Q At least? A Yeah. Q sometimes more? A sometimes. Q And how would you characterize the relationship you and your mother have with respect to Alyssa? A That's been somewhat shaky. Q Isn't it a fact that at one point she filed a grandparent's visitation claim against you in Northumberland county? A That is true. MR. BEST: I have no further questions. THE COURT: Anything more? MR. ABRAHAM: Just quickly to address the letter. THE COURT: Go ahead, 60 .. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REDIRECT EXAMINATION BY MR. ABRAHAM: Q Lisa, this letter was in regard to a hearing on Mr. Herman's visitation, is that right? A Urn-hum. Q And when you talk about him -- when you talk about the grandparents as the primary baby-sitter, are you talking about when he has visitation? A Also. Well, no, he didn't have visitation at this time, I'm sorry. Q So he didn't have court ordered visitation. A That's right, Q Did he have any visitation? A He had it through being at their home. Q And so when you are talking about primary baby-sitter, you are talking about their time with the child during his, quote, visitation or what would have been? A Both, right, Q Very quickly, do you consider -- you didn't dispute it, and you haven't ever disputed the mutual love that goes on between these parents and the child. Does she have the same kind of love on the other side? A Yes. MR. ABRAHAM: THE COURT: Nothing further, Judge. Anything more? 61 .. ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RECROSS EXAMINATION BY MR. BEST: Q Let me just follow up on this primary baby-sitter statement. At the time you wrote that, had anyone been baby-sitting Alyssa at a greater volume and time than the Shingaras? A My mother was baby-sitting her almost as equal amount of time, Q But you didn't put that in your letter, did you? A No, because he didn't have an option to see my daughter at my mother's house. MR, BEST: Nothing further, THE COURT: How old are you? THE WITNESS: I'm 24, THE COURT: Are you married now? THE WITNESS: No, I'm not, THE COURT: Single? THE WITNESS: Yes. THE COURT: You live alone with Alyssa? THE WITNESS: That's right. THE COURT: Are you working now? THE WITNESS: Yes. THE COURT: Do you work on Fridays? THE WITNESS: I work until 5:00. 62 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. . 1 TilE COURT: On Fridays? 2 TilE WI'rNESSI Urn-hum. 3 TilE COURT: And then other weekdays, or do you work some weokonds? 'I'llI' WITNt:SS: Every weekend when Kenny has her I work on Saturday mornings. After he picks her up, then I will work a couple hours overtime. 1'IlE COUR'r: And when she is with you, you do not work Saturdays? TilE WITNESS: That's right, TilE COURT: You may step down. MR. ABRAHAM: Call Marlene Adams. Whereupon, MARLENE R, ADAMS, having been duly sworn, testified as follows: TilE COURT: Let me ask you one more question. Do you work any Friday nights? MS. ATTINGER: No, I do not. TilE COURT: Go ahead. DIRECT EXAMINATION BY MR. ABRAIlAM: Q A Q A State your full name for the record. Marlene R, Adams. Where do you live, Marlene? 252 East Crestwood Drive, Camp Hill. 63 . . 1 Q What is your relationship to Alyssa? 2 A I'm her grandmother. 3 Q This is your daughter? 4 A Maternal grandmother. 5 Q What has been your relationship and 6 involvement with Alyssa over the years? 7 A Well, I was there when she was born. We had 8 a bond, She lived with me. We do a lot of things together. 9 Q How long do you recall that Alyssa resided 10 with you when Lisa resided with you? How long a period of 11 time has that been? 12 A Alyssa resided with me at the same time Lisa 13 did. 14 Q How would you characterize what you 15 understand as to the relationship and/or interactions of the 16 plaintiffs and Alyssa? 17 A I'm sorry, will you repeat that? 18 Q How would you characterize the relationship 19 of the Shingaras to Alyssa? 20 A I know Alyssa loves them. Sometimes, you 21 know, she talks to me a lot, She tells me sometimes she 22 likes to go there, Sometimes she doesn't. She's upset with 23 the arguing, She wants a quiet family is what she says. 24 Q How have you -- how do you characterize how 25 well Alyssa is doing under the -- or how poorly Alyssa is 64 . . 1 2 3 4 5 6 sometimes because she wants to spend more time with me, but 7 it'. not always possible. 8 Q In the last two or three years, what is your 9 daily or weekly time or monthly time that you spend with 10 Alyosa? 11 A I pick her up after school and take her to my 12 hOUse. She spends the night with me some nights, and I'll 13 take her home in the morning in time to go to school. I 14 have her on a Saturday, Every other Saturday she'll spend 15 time with me. In September, I'm taking her to Disney World, 16 Q Have you been a baby-sitter as the Shingaras 17 have testified? 18 A Yes, I have been her baby-sitter. 19 Q How often do you baby-sit? 20 A Now? 21 Q Now. 22 A I baby-sit if Lisa has to work a little late 23 or she needs time to do something I'll baby-sit. But I 24 don't really consider it baby-sitting because it's time that 25 I just take with her, you know. I say can I have her on doing under the current schedule? A She's doing very well. She seems happy. Q And has that been your understanding or is that the way you see it for the last two or three years? A I have never seen her be upset, maybe with me 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. .. this certain time. Q But when Lisa has a problem and you're available, you essentially take care of her, is that right? A Of course I do. Q Are you aware of the Shingaras' time with Alyssa as to baby-sitting and things like that? A In the past? Q Yeah. A I know they did baby-sit her, yes. Q Are you aware of anything other than that kind of a relationship between the plaintiffs and Alyssa? A Just that they are her grandparents. They have a normal relationship with her, MR. ABRAHAM: Nothing further, Judge. CROSS EXAMINATION BY MR. BEST: Q Ma'am, did I correctly hear you state that you usually spend every other Saturday with Alyssa? A Yeah, Q You agree that's mutually beneficial for both of you? A Yes, I do. MR. BEST: Nothing further. MR, ABRAHAM: That's all I have, Judge. THE COURT: You may step down. Anything 66 ., ., 1 else? 2 MR. ABRAHAM: We rest, Your Honor. 3 THE COURT: Any further testimony? 4 MR. BEST: No further testimony, Your Honor. 5 THE COURT: The record is closed. Argument 6 off the record, moving party. 7 (Whereupon, argument was held off 8 the record.) 9 THE COURT: I will take the case under 10 advisement and have something down shortly, Thank you. 11 Court is adjourned. 12 (Whereupon, the hearing was concluded 13 at 2:55 p.m.) 14 15 16 17 18 19 20 21 22 23 24 25 67 .. . 1 CERTIFICATION 2 3 I hereby certify that the proceedings are 4 contained fully and accurately in the notes taken by me on 5 the above cause and that this is a correct transcript of 6 same. 7 ,..-- 8 . - .--....... ,'-- \..--, - Pamela R. Sheaffer Official Court Report 9 10 11 12 The foregoing record of the proceedings on the 13 hearing of the within matter is hereby approved and directed 14 to be filed. 15 16 ~1 / l'1 }~~1 I 17 J. 18 19 20 21 22 23 24 25 68 JOSEPH SHINGARA and BRENDA SHINGARA, PETITIONERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 97-0184 CIVIL TERM LISA M. ATTINGER and KENNETH R. HERMAN, JR., RESPONDENTS : IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of May, 1997, following a hearing on the merits, IT IS ORDERED: (1) Paragraph 4 of the custody order of April 1, 1996, IS VACATED and replaced with this order. (2) The father, Kenneth R. Herman, Jr., and the paternal grandmother, Brenda Shingara, shall have partial physical custody of Alyssa M. Altinger on alternating weekends, On such weekends, the paternal grandmother shall have Alyssa from Friday after school until Saturday at 1:00 p.m, The father shall thereafter have Alyssa through 7:00 p,m. on Sunday, although Alyssa may be returned to the mother's custody at 8:00 p.m. on Sunday evenings when there is no school on the following Monday. (3) Brenda Shingara and the mother shall forthwith make arrangements as to where Alyssa may be picked up following school on the Friday of these alternating weekends. / 97-0184 CIVIL TERM James L. Best, Esquire For Petitioners t~ James W. Abraham, Esquire ~/. /41 For Respondent Lisa M. Attinger 5 )~~ Kenneth R. Herman, Jr., Pro se RD #3 Sunbury, PA :saa -2-