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Home My WebLink About97-00419 ~ 'it {, III It Cj ~ I I I I , I ~ I " ~ , I ~ " ~ ~ (~ i .-- : - .~ ! ~ I <:J 'I , ;1 , ' to-- I;)- ~ i I I I I I I j ..: TUE I: II PM HOUGH r:ODNEY FAX NO. 2433S99 JAN 3 0 200f RODNEY K. HOUGH, 1\1,0" F,A,A,F.P. ROBERT F. SIGUENZA. M,D, M. JOAN RICE, M,N" C,R.N,P, CATHERINE McELWAIN, M,S,N,. C,R.N,P. MATTHEW TONIATTI, PA.C SARAH STURGIS, M,S.N. C,R.N,P. 49 Brookwood Avrnur . Corlble. PA,17013.9126 . (717) 243.8000 . Fax (717) 243.3599 TO: FAX CONFIRMATION ~L~~_ r:rL~?f-.J /tt " In ~t' +l)'~tt.1 e4 c mOM: DATE: ..!..:_"~c) .. 0 I TIME: I ':>.\-A..... I NUMBER OF PAGES: $ 15~ (l.ncludlng cover page) SUBJECT.. / (' \ ' COMMENTS: ILuJi<!.- - ~... <:l~.d;{(,~ ~"', (Ire ,Fi?tllW })/ _ . /- . I ,/,( . . , i i /, THIS MESSAGE tS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN IN~'ORMATlON THAT IS PRIVILEDGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURF. UNDER APPLICABLE LAW, If THE READER Of THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPI.OYE!: on AGENT RESPONSIBLE FOR DELlVF;RING THIS MESSAGE TO THE INTENDED RECIPIENT. YOU ARE HI::REBY NOTtFIED rHAT ANY DISSEMINATION, DISTRIBUTION OR COPYING Of nlls COMMUNICATtON IS STRICTLY PROHIBITED. If YOU HAVE RECEIVED 1'HIS COMMUNICATtON IN ERROR. PLEASE NOTIFY US IMMEDIAn:I.Y BY TELEPHONE:: AND RETURN TIIF. ORIGtNAL MESSAGF. TO US AT THE ABOVF: ADDRESS VIA THE US POSTAL SERVICE, THANK YOUII " , ., ~ --;. r...~. ,'- ", . _' :. . ." .....\}1, '.. '. . tj;~( ,~, ,,' :: '...' ,:'.' .. '. ~\'\~''1'u~!.f'' , _ ~ ..... ....~I... . ,,<OO)L . . ...~.~)~, ~.. ......1\.. "1' ." ,~ ." . .' '~, '1\'. . . .'. .... ........ .... "~...' . (;r:(-,,#~~<(,;,.it,. ..:"' ..,.....,:.:"'.""..... .....1... ,:/~;~~[f;.:~:~;;~~~~~,~:h~~~~:~:,;~~:I:;~:~::'"::,i';.~j~~~~~W~?)1~:'~.~~~g:;~~~/ .....,\.,l..~;;.,"'j'..lt.t....;J""'., ,!.,1:1"J~"":",,,....:.&:,;..J"""'IJ ..'n.. .'~'..l'....' "., . -'.' .....'\'.' '..";1~ ':" ..... ..... '"~,,,,',f.U '.\. .. ,...._ :;1 .'. j, . .;.,,,:.1 _. '.,. . _". '. '...":'. ......:'!....~1...:'l,..":'i....i~.h..l\..t r:,". \"0 1~.t.,..;..,J.~~". '~"'.!I''1'' :~J'~'~'" .I._.~:~.l.;. . :/," ~ ~<~.:'~i~~"~.,'. ,-'",:,~ :~;~.~.~:~-.~' M:': t?J~"}""r...;,~.'~,;'~~,:;. ~. ~;'~;. "._ I.' ~::i J. ~ ':.l;~.:_ ~'~':.~\:.~' ,~::~. ;~.~.:'l"" ;~" ";,L. .., , r , . ~. . \\~61 :n ..'. ..." . ...,.... I:: :. .dt: t,,, \' . r..l, 01 , . . ~ . ~., - - '. ' , -~ ~..-..""" - '-' - SEbastian Nailor s: Pt presents with his brothor and mom stating ho's boon having a cough with bad nilSal congestion, a lot of snoring at night, clear drainago from his nose, intermittont fever, No chills or sweats, No increaso In fotlgue,Ho's beon having a lot of ubeJ. pain. Mom states she hasn't seen blood in his stool. No n/v/d,He's had 4 Ib weight loss ovor tho past 3 010, He was diagnosed with cerobral pelsy when he was very young and was deemed mentally handicapped, as tirna went on ha was showing signs of rapid improvament but recently there has been prob, with his father and mother splitting up and stress associated with this and it was found the child Is very !ltressed out with his father being around, his mom statos thoro wero 6 counts of child molestation the pI's father was being found on and with these times of slross tho pt is regressing mentally, Their front lawn has beon deemed uninhabitnble due to contamination and that is where their water well Is, Recently they lost a cnt and fish highly believed due to water contamination, Pt is around his mom who smokes bul she states she tries to smoke away from the child. 0: WDWN in no acute distress. There is some labored breathing through his nose sounding like adenoid hypertrophy,Head normocophalic, Ears TMs pg and landmarks intact bilat.Nose mucus membranes healthy pink moist with minimal drainage and congestion bllat, Throat neg redness, exudate. swelling, sores or rashes, Neck 50ft and supplo wlo Iymphadeno, tenderness. decreased ROM. Heart RRR. Lungs CT A. No nccessory muscle use.Abd, SNT, no organomegaly or masses, A&O X3 with no depressed mood or affect, A: URI Abd. pain P: Amoxil 200 mg per 5cc 1 tsp tid X10 days. Rondec 1 1/2 tsp qid prn chest congestion. rest, fluids, avoid Irrltents in air Including cig. smoke, Given stool cards and stool culture to collect for O&P, blood, parasites, bacteria, We asked mom it's neoded thoy got out of their home asap due to the health risks. We'll havo an ENT referral with respect to labored breathing and snoring to check for his adenoids or any blockage that maybe causing this, Any prob, or quest, to contact us irnmed. MT '\~'\\O\ s: Pt pre~ents with persistent URI symptoms, Dad gained custody this past weekend nnd his mom has put to jail for failing a court order. He was not given any meds they were on to help with the infactlon. Pt brother Kodie was treated the same time and stated neither he or his brother got any med thet was bubblegum in flavor that the Amoxil I prescribed and they only had been getting adult Nyquil to help sleep. Dad ~tatos pt has beon having nasel drainage, colored drainage from his nose, coughing, Dad sllltes he's had prob, passing his bowels, He's been constipated the past 3 days. No ntv/d. No fever, chills, night sweats, ear pain, sore throat, :11 .' ,- ..'. " U,;H :.,_:,~tE'{ r;.x 11', , " ~ 1 :' :,' . , - - -.. Kodic Nailor J~nu~rv 18. 2001 s: Pt presents with his mom with a recent hx 01 cough. nasal congestion, somo whecling, intermittent fevcr, some fatigue, mom sti!ltes he's been having bouts of dlorrhea in the pi!lst with blood in his stool. He1"s'iiites his home life is strossful with rrob, with the fathcr end the area which they Iiva the fr~lawn hat; been condemned due to contamination 01 the soil and that is where their well is.They'vo had prob, with a lot of pets dying in their homo including cat and fish, Pt continues to do well in school and oating is not a prob, 0: WDWN In no acute dlstross. Haad normocaphalic, Ears TMs pg and landmarks intact bilat.Noso mucus membranos a bit congested end moist. Drainage noted bil~t, Throat neg redness, oxudate. swelling, sores or rashes, Neck soft and supple wlo lymph adena, tendorness. dacreased ROM,or thyromegaly, Heart RRR, Lungs CT A. No ncccssory muscle use,No wheozing. Abd. SNT, no organomegaly or mosses. A&O X3 with no depressed mood or affect. A: URI Reported abd. discomfort with blood in stool P: Amoxil 200 m9 per Scc 1 1/2 tsp tid Xl 0 devs, Rondec syrup 1/2 tsp up to qid prn congestion, Plenty of rest and fluids, Given stool cards and cultures to check for O&P and bacteria or blood in stool. We have suggested mom get them out of that house ilsap and not to smokc any cigs around him and have him avoid irritants in tho air, any prob. or quest. to contact us immed. MT (11:1" pfr-c. BP _P~R .-0 ~ D t ~,5_WT T C. l.M:) \-~ 1 1 GE.lt2-ALL. He ~ ~PeJl.o . i2rf. D ~ If I~I o( (VMP pVU- <.\ ~p..tv.-- , :~ Molrl(V" , +r ~I IN~ ,,~_ -\6 -\ -6~...l \ \ t ~ ~J....a.r~~ d.. V o...,\. I~ P \\2.1\ 0\ '.! 1") th. Wo-'t...Q.cJ Ll ~-Q..cn..~ . i I I I I ~ ...., * MS 27 MT LORIE GARMAN CHESTNUT STREET HOLLY PA 17065 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE HARRISBURG, PENNSYLVANIA 17120 MAILING DATE MAY 1 8 1998 CHILCK.INE . ABUSE REGISTRV DEPARTMENT OF PUBLIC WELFARE HILLCREST, 2ND FLOOR P.O. BOX 2175 HAARISI!IURO, PA 171Q5-21175 TELEPHONE NO. (717) 713-"'" apPlelO, CHILDREN. YOUTH. 'AMILIES APT 9 Child: Kodi", Nailor Report No.: 67-12312 Case Status: Indicated Agency: YORK COUNTY CYA Dear Ms. Garman: A report of suspected abuse or named child vas investigated by the a report for student abuse involving the above agency listed above. If the status is Indicated or Indicated for Scl\ool Employee. it means that the agency determined that the child vas abused; if it is Founded or Founded for School Employee. there vas a court finding of abuse, The report viII remain on file in the state and county offices until 23 years after the child's birth. At that time. the report viII be expunged, However, the information on the perpetrator or school employee viII remain on file indefinitely if the social security number or date of birth is known. Your name caregiver. (3) (5) [ ] is listed on the report as: (1) [xl oarent. (2) [ 1 substitute [ 1 perpetrator, (4) [ 1 school employee. added to the report as or deleted from the report as the (6) [ 1 the If your name is checked as a perpetrator or school employee in the above paragraph. the folloving applies: Persons named as perpetrators of child abuse or school employees named in reports for student abuse may not be hired in child care programs or public or private schools under certain conditions according to Act 33 of 1985. and Act 151 of 1994. You may have the right to receive services. which are intended to prevent further abuse or neglect. through the county children and youth agency. You also have the right to reeeive a copy of the report by writing to that agency or this office. Please refer to the report number listed above vhen making your request. Should your address change before the child becomes age 23. please inform this office, Only perpetrators of child abuse or school employees named in reports for student abuse may request that Indicated reports be amended or expunged if they believe the report is inaccurate or that it is not being maintained in accordance vith the lav. All requests must be made in writing within 45 days from the date of this notice to the Secretary of Public Welfare, P.O, Box 2615. Harrisburg. PA 11105. If this request is denied, perpetrators may have a right to a hearing, If you have questions about your rights, involvement in the report, or this letter; ve suggest you contact the investigating agency., telephone (717) 846-R4q6 Sincerely, 0-- ;)~ S~ Fries (.. Director , SF/Is SNL m lX.J Chock thIS block lor child abuII r~T,.ucrl~Ns: a.nd on. copy or ,hll camplelld 'aIm to Chlld!..I". . Abu" "lgll1ty. Olpanml"' 01 Publlo Wilt.,., Linn Lodg.. 3,d "t., ",D. 1I1II1II 2171 I'VI.buI" "A 171011 whhln ~Q dlY' of thl 'snlpl of In oul '.palt or .UIPtclld .bu... Pl.... I')'''' or p,lnt, U.. on. 'olm p., Inoldlnl. ~i': :'~. ~ _. ,;1.... :...."l; :-'-~i.~.:';-:~l'~~', ',::~'. ':;".\:\'l~f ,'.1 t:'!.;' :;;', ~:;~""1~ I. ,.'IDENT.IFVING ': INF,ORMA TION "..~~;':;fl!i~.'/t;. ~'~';:;;',:;,:,?!':ii,l, ::r;;':,r~f,~'."fA.~.\;~.;?~'. "~"':;f~;~~t~~~-.: A. CAn ~, INCICINT DA.AL e T "IOISTI" NUMB." Prior to Jan 27r 1998 1 7 9 8 67-12312 . HAM "U', tI'. Nailor Koelle A o ADC"US Un.hul' 11r"'. City. S'I'I, ZIp Coelal CUll'ber land A .. I\. A ",, n'. IGOII nlt.I' 210-60-0286 GarlMn Lorie AD " ". lid_ '''''. Iy. ..... 51 Oell CUlrberland SOCIAL SlCUftl.TY NO, 207-54-3310 N . BIOI.OCICAI./ADOf'TIVI '''THI'' u.u.. 'IU., Mlddll InIU.1I Nailor !.eOn Eugene A" "elud' 1,..1. .y. II". P Oell 5 Golf Course Road Dlllsburgr PA 17019 A ~ A A \ lne, .n," uDllO York I " glne)" CU I Y NO. ACOIIIS! (Include '1'.... Clry, 1'11'. ZIp Coel,1 COUNTY " , , L \1.11'. III'. MlelOI. Inulin I. MO' COUN Y 'IU. P Coca., 5 Golf ~ FAMILY HOUSEHOLO COMPOSITION IDO NOT COMPL&TI FOR STtJDENT ABUSEI NAME n.u!. Firs!. Inltllll RELATIONSHIP TO VICTIM NAME n.u!. Pira!. Inllllll Nallo Saba RELATIONSHIP TO VICTIM INDICATE THE INITIAL REFERRAL SOURCE (Chock Ono Slock Onlvl . I ..--...--.- - I .'_ ;~.~..." ...~....~77-..::r:~~:,:~7IL .NATUHc..CF:.ABU5H1NfGI.J:CT .Jru'rr..:," ",:~.',~~','r~",,,,('")'Ir.'~...~,;cle,,r(:yi~""~ T .. '--. '~'''''~' MPhylClltlenlSullocltlen InlorNI InJurln/Hlmorrhago Ollmomblrmonl Spralno/Olllecltlonl Orugs/Alcohel I C!!J Orewnlng Q!J Oth" ao Wolt.t/Ecchymelll 'I 01 LIClrlllens/Abra:lonl '2 01 Puncturn/Bllu 12 01 Sral~ Olllllgo ,. ,a pollonlng 11 t(Q)[PY J2. Monlll InJurl.. IDO NOT COMPL&TI POR STtJOENT ABUSEl 3. 5uuII Abulo or I!xploltatlon ] R.co m Incnl J '5lltulOr'1 RICO WOovlltl Soxual Inlorccurll lJ[J PomoQl'ap/Iy m SOlCUal Ausull [EJ Premetlng Preltltutlcn 4. Physlcll No;lo.1 too NOT COMPL&TI FOR STtJOENT ABU51!1 j Mllnutrltlon 'ii"'i Lick 0' Suplr'llslon f""i'iI Modlcll Nlglocl lrllultlng L-::....J lrllultlng In I phyllcll L...::-J In I phyllcll condition) Failure 10 Thrlvo ccndltlon) S. Immlnonl Rllk (00 NOT COMPLETI FOR STUOENT ABUSEl ~hyIIC'1 Injury SCRIBE THE INJURIES/CONDITIONS CHECKEO ASOVE Child MS een urinati ,,11 . CEJOthor @] SOlCuaI Abul. Clr !xplClludan o D ' ommonwultn 0 InnlYIVlnloI IPIUm.nt a uallG . In cd-" ~":'~I..:';:-.'7".";',,!~j~.,t'J.'o~:~:..t:~\.1;~:'llJ..ICPS 'SERVICES (CO NOTiCOMPLETE FOR STUDENT "ABUSE) . ~~":~~~'.:J~~;,')f,l A WAS CHILD ALLEOEOL Y ABUSED WHILE IN A 'CHILO CARE SERVICE" t.. d.t/n.d by CPSLI. 0 YES B. WAS CHILO REMOVEO FROM THE ALLEGED ABUSIVE SETTIN07 Onclud.. move by 1111, Iglney, olhor.l Gl YES C. WERE LAW eNFORCEMENT OFFICIALS NOTIFIED OF ll-iIS REPORl? (CY 1 04 IIn~ Gl YES D, SERVICES PLANNED OR PROVIDED: (pl.... ch.ck Ih. Ipproprl.l. block.. (Abbreviation" PL'PI.nn.d, PR-Provld.d, and FERP-Porp.trllor), CHILO PARENT PERP, PLlPR PLIPR PL/PR '~~ ~ Counllllng ~ ro;r;;t ~ R.I.rrlllo S.II-H.lp I...::.L.::J L..:.:.L::J L.:.:..L.::J Group r;;r;;1 r;;T;;l r;;r-;1 R.lorrallo Intra-Ig.ncy L:::..L:.J L...::..L.::.J L...::..L.:.J S,"""ell r,:T::1,1 20 r;T;;1 ~ R.lorraJ,lo Community ~ ~ ~ S.rvlclI PL/PR r-;T";1'MulUdllclPllnary Tum L::.L.:.:J Cu. RIVl.w Q NO o NO o NO CHILD PL/PR PARENT PERP, PL/PR PL/PR ~ ~ HomlmakorlCar.lakor S.rvlc.. r;;r;;1 r;T;;llnatructlon and Educallon for L::.L::J ~ Par.nthood G Smorg.ncy M.dlcal Car. ~~~Olhor_ o No S.rvlclI Plann.d or Provld.d ~,w:;r.:a.rrJ....~.ll:;,,~wv;..'~~~IV':;'CASE~STATiis,....~:".'r.._~~,:;,:;,~,I.'.'e':r~.o~'""~~'()~,:;o.il\f~..;o;, O PeNDING JWENILE COURT ACTION IUpiUl.d 0 MAD FOUNCED (Courl Flndlng- ~ C'f 48 required wh.n court action compl.l.d) B. (Updlt.d CY 48 required wh.n court C. .p.clly b.lowl I n I . m INOICATED 1,0 M.dlcll Evld.nc. 2.MC1 CPS Invllllglllon 3'0 Porp.trltor I!. 0 UNFOUNOEO ' L.::J (II ch.ck.d, ,"lWer I, 2, or 3) W Admllllon LEASE EXPLAIN IN CETAlL ll-iE 8ASIS FOR THe CASE STAroS YOU CHECKEO ANC SPECIFY CRIMINAL ACTION. Kcxtie Nailor reported that Leon Nailor, his father, ,~pees" in his l1'Outh and on the floor. He said this was done several t:.imes. He reported the color of the pee is white. ~n Nailor did these acts for his sexual gratification. The act' Jreets the dtfinition of Child Protective Services laws of sexual assault, incest, deviate intercourse. .I', fAS THERE A RELIGIOUS BASIS FOR CHILD'S CONCmON7 (Appllcabl. only II E I. ch.ckldl 0 YES 0 NO o THE CHILC CIS AS A RESUI. T OF THIS INCICENT OF ABUSElNEGI.ECT7 lAppllcabl. only II C 0; C I. chlck.eIl 0 YES I&J NO ~;'i"!'lr~""'V,,"ACTCRS7CONTRI8UTlNG 'TO 'ABUSE: (COMPt!TI'PCR,I'OUNCED 'OR -INDICATlD'R!J'CRTS.;.ONt Y1,~,~:;!:;:#~ '"' chick .. many u lhr.. licters snd rank th.m In order 01 IIllVanc. l" l' b.lng mOil "I.vant>. Evldlnc. muat 'lelat to ntlrm th. III.cllcn of tho lactorts) which IPP'.' to contrlbut. to &bu... ) SUISTANCI ASUSI UNCl.UCU C~UQS, CHIMICALS, ALCCHOL, ITCJ l STIIISS ICUI TO ',NANC,AL '~OILIMS, UNIM'LOYMINT. CIVO~CI. ITCJ ] MAJlQINAL 'AftINTAL SKILLS Oft 1CN0W).ICQIIINCLUCIS U.;;iU,LISTIC IXPlCTATIONS, LIMITlC KNOWl.ICOI 0' CHILllHOOC ClvnC'MINT. ITCl ] VUUilftAIILITY 0' CHILD (CUI TO CHILD'S 0101, 'HYSICAL LIMITATION. CIVILC'ML..,.AL OILAYS. ITCJ l SIXUAL OIVIANCY 0' '1II'lTftATOft IIASIO ON A DIAGNOSIS Oft ~IMINAL CONVICTIONl I AIun IIIlWWIN 'AftINT "QUftll IHISTO~Y A' 'ICll<TINQ SITWIIH 'AftINTS O~ 'A~INT SUUTITVTIS! /INSU",CIINT 'AMILY/SOCIAL SU"C~T ISUCH AS 'AMILY ANO '~IINOS UNAVAILAILI TO HI\..O WITH 'AMILY O~ PIlIIONAL NIICIl IIM'AlftlO JUOOIM,m- 0' 'r~'lTftATOft ICAUSIO BY 'HYSICAL, MINTAL Cft IMOTIONAL LIMITATIONS! ; '''''IT~A TO~ AIUSlP AS A CHILO Tr wa..llIl' 041\111 ClC:V'Utl:l York In ACl.'fCT WCIII"'~ Michelle L. loutl i ......IITlGATIHCl c:u,.,.., York ." .,' c.' ", ...',,'CHfLCLINI USI ONLY . ,COOl!' ." ....cu.. w...... 9 8 , .- ;~l Riegler. Shienvold ."WI & Associates Elliot Riegler, Ph.D, Arnold T, Shienvold, Ph,D. Melinda EllSh, M.S, Wayne Trotta, M,S, James W, Ensh, L,S, W. Michael J. Asken, Ph,D, Bonnie Howard, Ph,D, Amy K, Keisling, A,C.S.W" L,S,W, Gayle Slcchilnno, M,S. Don Lawrence, L,S,W. lu1y 31, 1998 Michael A. Seherer, Esq, O'Brien, Baric & Scherer 17 West South St. Carlisle, PA 17013 loan Carey, Esq, 8 Irvine Row Carlisle, PA 17013 Dear Attorneys, I am writing this letter in follow-up to our conference call this morning, As you know my office was directed to perform a sexual abuse evaluatio~ pursuant to an Order Of Court by The Honorable Edward E, Guido dated May 29,1998, That evaluation has been completed and the recommendationa contained within this letter are based Ion the infonnation obtained or observed during the course of the evaluation, i The following process was used during the evaluation, Mr. Leon "Skip" Nailor was , interviewed individually for approximately two hours, Additionally, Mr. Nailor completed the Minnesota Multiphasic Personality Inventory-2. Mr, Niillor was also observed intenicting with his . son on two separate occasiona for a total of two hours,! Lori Garman was interviewed individually for approximately two hours. She was alllli observed interacting with Kodie for one hour, Kodie Nailor was Seen a total of seven times, Besides those times he was seen with a parent, Kodie was interviewed and observed individually for three hours, and he was seen for one hour with his little brother, Sebastion, for one hour, L~ers documenting the "Indicated" report of sexual abuse were obtained from the York County Children and Youth Services. In general, it is agreed by both parties that they were involved in a tumultuous 5 year relationship, During that time both parents were frequent users of drugs and alcohol. Lori alleges multiple occasions of verbal abuse and physical violen~ against her by Mr. Nailor, He agrees that', there were many fights between them, but alleges that Ijori would also hit and slap him, The',';>':" parties separated several times during their relationship,: This is pertinent in that Mr. Nailor.~\;';;', ': '. that another rnan with whom Lori lived during their seP!U'8tion may have abused Kodiil;;~'.;'f~~:,j:;:,',;" . >:,:::;~:;,\,~..t:' , -,' '>;'" I",' Fax: (717) 540-1416. (717) 540-1313.2151 Lingleslown Road, Suite 200. Harrisburg, Pennsylvani~11li6:, " ,. " '.... ,,". ,',;..,',- "..;-,.-_'--;-,....-.-c-.--. Page 2 their last separation Lori obtained a Protection from Abuse Order against Mr. Nailor. Additionally, hc was to visit thc children only when supervised by his parents. It was during these supervised visits that it is alleged that Mr, Nailor sexually abused Kodie, Lori indicated that she had become concerned about Kodie after some unusual changes in Kodic's behavior. During a bath he had grabbed his little brother's penis and said that his father told him that "power came from it." Kodie had come up to her from behind and "kissed my butt." He stated that hc had also kissed his father's butt, Finally, Kodic urinated on his bedroom floor and in his own pants, even though he has been toilet trained for somc timc, When Lori asked Kodie why he did that, he replied that his father and he pee on the floor and that his father "pees in his mouth," Kodic became increasingly aggressive and destructive in his play following these disclosures, On the advice of Mr. William Thomas, a counselor working with Kodic for his attention deficit disorder, Lori called the Children and Youth Agency, Mr, Nailor absolutely denies any abuse of his son. He indicated that he was always trosted by Lori to watch the children when they were together as a couple, He reported a willingness to cooperate with any investigation ofthe allegations, but felt that he was ncver given that opportunity, According to Skip, he was only interviewed for ten minutes by the Agency case- worker, Skip reported that he was involved in the care of the children whcn they were younger, He would change Kodie's diapers and feed him. His more recent visits with Kodie were spent playing with one another. He denies that they ever urin8ted on the floor in his parent's homo, He admitted that he has bathed Kodie, but never said things that he is alleged to have said. He does not know ifKodie is lying about the ineidents he is describing, but denies they were donc by him, He feels that there are several other people who should be investigated, This would include an ex-boyfriend of Lori's named "Legs", and Lori's brother, Jake, Skip alleges that Jake bas molested another family relative, Evaluation Results and Recommendations We find it virtually impossible to determine with certainty whether these allegationa are true or false, During the course of his interviews, Kodie stated his original claims, recanted thcin, and then attributed them to other individuals, including f'Legs." Kodie appe8l'l to be quitc .. suggestible and he was easily influenced by the presence of both his mother and father. Additionally, Kodie has been diagnosed with Attention Deficit Hyperactive Disorder, Kodie became angty and sullen on those occasions when his father was not present in thc office, Wbile, interacting, Skip demonstrated good parenting skills, He interacted verbally 011 an age appropriate level and never tried to influence Kodie or put ptCasure on him, At onc pointKodle asked his father ifhe had peed in his mouth, to which Skip responded "no" and startedtocty, .', Another problern is discriminating the veracity ofthesc allegations is the . , . ..../.. ,'. emotionaVpsychological pro~lems of each of the parents. Lori appears to be an ~;~~.;;E;X~,i'<"'X! young woman who grew up ID an extremely abUSive household, She appears to au!fcit.@,~Pi.ti;rj',,:, ',',,'c,,;. Traumatic Stress Disorder, Depressive Disorder, Adult I\ttention Deficit Olsbrdcrj!~'~r'yt{i~t,~!;;~~!::j;a,:} . . " "".:~!:)::~ff:~~:~t.&Vj:',;J:; ! \ ".,'( ~{ ~ r,: ^ , _'1" . --"--;,)~-;.,~~:~:;~~'+t~:;'ti'~~:~:'~~ - '. c' _ _,~., '';1'' '~ ~ ... ., Page 3 mixed Personality Disorder. As a function of these various problems Lori tends to be highly sensitive and may project some of her fears about abuse onto the children, To her credit, Lori is in counseling at this time, Furthermore, she appears to desperately want to do what is best for her children, She is willing to accept feedback about this situation and does not appear to be maliciously trying to hurt Mr, Nailor. However, she may be inadvertently affecting Kodie's perceptions because of her own problems, Mr. Nailor also has significant problems, He, too, has a personality disorder which is characterized by a tendency towards sociopathy, Mr. Nailor's psychological testing strongly supports this diagnosis. Individuals with his profile often receive diagnoses associated with Antisocial Personality disorders. Furthermore, this profile is assoeiated with individuals with alcohol and drug dependence problems, Mr, Nailor has an extensive history of showing disregard for societal standards and rules, He has been arrested several times and served time in juvenile detention and prison, He admits to a significant history of drug and alcohol abuse and also admits to physically abusing Lori on multiple occasions, In general, Mr, Nailor appears to have a problem controlling his anger, especially when he is drinking. However, he has exhibited poor insight and judgement when he was sober as well. There is no history ofMr, Nailor ever committing a sex related crime, or demonstrating significantly abnormal sexual behavior, Lori indicated that she felt there were times during their relationship when Skip had "forced" sex on her, but she denied ever fearing for her children when they were with their father, Although a definitive determination of sexual abuse cannot be arrived at, it is recommended that a conservative approach be used in reintroducing unsupervised visitation for Mr, Nailor and Kodie, To that end the following steps are recommended: 1. Skip Nailor begin individual counseling immediately, It is understood that the Children and Youth agency has recommended that Mr. Nailor attend the Sexual Offenders group at Holy Spirit Hospital, Given the uncertainty of the allegations, it is felt that Mr, Nailor might be better served by involving himself in a therapeutie situation whieh focused on broader issues such as his poor judgement, lack ofimpulse control, problems with anger management, and drug and alcohol use, If he would also like to attend the offenders group, that would be an acceptsble adjunctive technique, 2. Kodie Nailor remain in individual counseling. However, Mr. Nailor should participate in that counseling so that the therapist can continue to monitor the quality of the interactions between Kodie and his father. It is expected that Lori would also participate in the counseling to whatever extent the counselor feels would be helpful. 3, For the time being, supervised visits should be maintained between Skip and Kodie, Those visits should occur at the YMCA until Skip's parents have been interviewed to determine their ability to supervise visits. The Nailor's need to demonstrate an appreciation for the seriousness ofthe situation and the importance to their son and grandson of their constant Page 4 vigilance in this situation, If the Nailor's participate and understand their role, visitation can reoccur at their home, 5. Unsupervised visitation should only be begun after both Skip's individual counselor and Kodie's counselor agree that it is safe to precede to that level. It is expected that they would consult with one another to make that determination and then suggest a gradual process leading to unsupervised visits, 6. It is expected that Lori Garman will remain in her individual therapy and continue to work on her personal issues, I hope that these recommendations are helpful in insuring the safety ofKodie Nailor while recognizing the importance of both of his parents in his life, If I can be of any further help in the future do not hesitate to call upon rne, Sincerely, IlIJ): WI ~d T, Shienvold, Ph.D. " '; .',,".-' '\;,f,t:.;~?i;, 'I ,', i i' , I , I I , i 16 eW . - '~1 Riegler. Shlenvold .' 'W & Associates Elliot Riegler, Ph,D, Arnold T, Shienvold, Ph,D, Melinda Eash, M,S, Wayne Trolla, M.S, James W, Eash, L,S,W, Michaet J, Asken, Ph,D, Bonnie Howard, Ph,D, Amy K, Keisling, A,C,S,W" L,S.W, Oayle Slcchltano, M,S, Don Lawrence. L.S, W. August 24, 1998 L Miehael A Scherer, Esq, O;Brien, Baric & Scherer 17 West South St. Carlisle, PA 17013 Joan Carey, Esq, 8lrvine Row Carlisle, PA 17013 Dear Attorneys, I had the opportunity today to meet with Donna and Leon N~or, Sr. The Nailors were seen pursuant to the recommendation contained in my July 31, 1998 letter, At that time I had suggested that the Nailors needed to be interviewed prior to their serving u supervisors for Skip Nailor's visits with his children, Today's visit constituted their willingness to take part in that process, Actually, the Nailors were eager to participate in the evaluatiQn, They have their own concerns and desires secondary to their grandchildren, Both of these plirents demonstrated a healthy understanding of the problems in this situation, They absolut~ly denied that any sexual misconduct occurred in their home and stressed that they had;bffered to cooperate in any,way necessary, with any and all investigating ~orities, in order to determine the truth of the allegations, They were disappointed when only one represen~ve from the Children and Youth Service spent less than IS minutes gathering information fronl' them. The Nailor's indicated that they never left the children out of their sight for rnore than five minutes during any visit in which Skip was involved, They also pointed out that Skip had a broken leg during the time in question which precluded his abl\ity to 80 downstairs to where the abuse was alleged to take place. The Nailor's indicated that ~ey have great love and concern for all of their grandchildren and would not allow any abuse to ~e place, Interestingly, when Skip was younger, his rnother turned drugs in his possession into ~e police, In other words, these i, " ,I Fax: (717) 540-1416. (717) 540-1313.2151 Linglestown Road, SUite 200. Harrisburg, Pennsylvania 17110 , , -..-- n::,: I /"'.' /.,/1 '....t.ll l)'/ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW i-I - I.f/., NO. ~ - 232+CIVIL IN CUSTODY LEON E, NAILOR, JR., Plaintiff LORIE L. GARMAN, Defendant COURT ORDER AND NOW, this a~ day of December, 2000, upon considemtion of the attaehed Custody Conciliation Report, it is ordered and direeted as follows: I, The appropriate law enforcement ageney exercising jurisdiction where the two minor children who are the subject of this Order are present is hereby authorized and directed to enforce the terms of this Order upon request of the Father, Specifically, the Father Leon E. Nailor, Jr. is to have eustody of the minor children Kodie E, Nailor, born February 22, 1994 and Sebastian Nailor, born June 24, 1996 for the Chrisbnas holiday from December 25 at 1:00 p.m, until Deeember 27th at 7:00 p,rn. Additionally, Mr, Nailor is to exercise custody with the minor ehildren on a standard alternating weekend sehedule starting again on December 29th through that Sunday at 7:00 p.m, Mother shall not interfere with law enforcement's efforts to effectuate compliance of this Order by the parties. 2, The custody schedule set forth in Paragraph I and the Custody Order as entered on August 25, 2000 shall remain ;n effeet pending further Order of this Court. 3, A hearing is seheduled in Courtroom No.5 of the Cumberland County Courthouse on:he ~I"r day of :r....... (I ,2001 at "'''0 , .M, at whieh time testimony will be taken on the Father's Petition to hold the Mother in eontempt. At this hearing, Mother will be expected to explain her reason for failing to appear at the Custody Coneiliation Conferenee in addition to her willful violation of the August 25, 2000 Order of Court, 4. A copy of this Order shall be delivered to the Mother via regular U,S, Mail and Father's counsel may also refer this Order to the appropriate Sheriff's Department for serviee on the Mother, ~ f\ {\..:~ 00 l,..K \'): ~ BY~ Edward E. Guido J, v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95 - 2324 CIVIL IN CUSTODY LEON E. NAILOR, JR., Plaintiff LORIE L. GARMAN, Defendant Prior Judge: Edward E, Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 191 5.3-8(b), the undersigned Custody Conciliator submits the following report: I, The pertinent information pertaining to the ehildren who are the subject of this litigation is as follows: Kodie E. Nailor, born February 22, 1994 and Sebastian Nailor, born June 24, 1996, 2, A Conciliation Conferenee was held on December 19, 2000, with the following individuals in attendance: The Father, Leon E. Nailor, Jr" with his eounsel, Miehael A, Seherer, Esquire, 3, This is a petition for eontempt filed by the Father, The parties did a stipulation for a court order in August 2000. Father indicates \hat Mother has been deliberately refusing him time with the ehildren in aceordanee with the custody schedule, The Mother was represented by Attomey Bradley Griffie. Mr, Griffie advised the Coneiliator that he has been dismissed, It appears from the file \hat the Mother knew about the Coneiliation Conference, However, Mother did not appear at the Conciliation Conference and made no attempt to contact the Coneiliator or the Father's attorney, 4, There has been a pattern of allegations of abuse towards the Father in this partieular case, Reeently after the filing of this Petition for Contempt, Mother instituted through the children another allegation of abuse against the Father, This allegation resulted in a hearing in Yor\c County because that is where the alleged abuse took place, Judge ReM of Y or\c County held a hearing in on a petition frorn York County Children Services to suspend the Father's visitation rights. Judge ReM dismissed the petition in Y or\c County based upon a determination that there was not sufficient evidence to prove the allegations, Since that time, Mother has consistently refused to give Father visitation in accordance with the Order, Father is expecting to exercise visitation on the upcoming Christmas holiday and on his alternating weekend schedule. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 Z~~i 97-419 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY LEON E. NAILOR, JR., Plaintiff LORIE L. GARMAN, Defendant PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the Complaint for Custody filed by Plaintiff on January 24, 1997 at docket no. 97-419. In addition, please remove from the court docket the hearing scheduled for the 11th day of June 1997 at 10:00 a.m. Respectfully submitted: DATED: {., ({ 0 1/(7 1vr,<.I",J fj, t,,/ J nne B. Wigbels, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Supreme ct. ID No. 68735 Phone: (717) 763-1800 ATTORNEY FOR PLAINTIFF !I i , I I I , I LEON E. NAILOR, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'N <II '1 No. CIVIL TERM CIVIL ACTION - AT LAW CUSTODY vs. LORIE L. GARMAN, Defendant COMPLAINT FOR CUSTODY II I, II II I I I II !I I, II 'I I, " :, " " !i The Plaintiff, Leon E. Nailor, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., files this Complaint for Custody againet the Defendant, Lorie L. Garman, and avers the following in support thereof: 1. The Plaintiff is Leon E. Nailor, an adult individual and the natural Father, who currently resides at 5 Golf Course Road, Dillsburg, York County, Pennsylvania 17019. 2. The Defendant is Lorie L. Garman, an adult individual and the natural Mother, who currently resides at 85 Detroit Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant seeks custody of the following children: i I Name Present Address Aqe Kodie E. Nailor 85 Detroit Avenue 2-1/2 yrs. Mechanicsburg, PA 17055 DOB 2/22/94 Sabastian Nailor 85 Detroit Avenue 7-1/2 mos. Mechanicsburg, PA 17055 DOB 2/22/94 'I The children were born out of wedlock. !i 4. The children are presently in the custody of Defendant, Lorie L. Garman, at 85 Detroit Avenue, Mechanicsburg, PA 17055. 5. During the past five years, the children resided with the following persons and at the following addresses: l!am!l Address Dates Lorie L. Garman 1/4/97 to present 85 Detroit Avenue Mechanicsburg, PA 17055 85 Detroit Avenue Mechanicsburg, PA 17055 11/96 to 1/4/97 Leon E. Nailor, Jr. Lorie L. Garman Lorie L. Garman Mt. Holly, PA Bobby Garman (Lorie's brother) Aaron (Bobby's girlfriend) 4/95 to 11/95 Leon Nailor, Jr. Lorie Garman Lisa (Lorie's friend) 11/5/94 to 4/95 85 Detroit Avenue Mechanicsburg, PA 17055 Lorie Garman Lisa (Lorie's friend) 85 Detroit Avenue Mechanicsburg, PA 17055 2/22/94 to 11/5/94 6. The Father of the children is Plaintiff, Leon E. Nailor, Jr., whose mailing address is with his parents at 5 Golf Course Road, Dillsburg, York County, Pennsylvania 17019. At the time of the filing of this Complaint, he has no permanent residence. 7. The Mother of the children is Defendant, Lorie L. Garman, who currently resides with the children at 85 Detroit Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 9. The Plaintiff has no information of a custody proceeding concerning ths children currently pending in any court of this Commonwealth. 10. The Plaintiff does not know of a person not a party to the proceedings, who has or claims to have physical custody or visitation rights with respsct to the children. 11. The best interests and permanent welfare of the children will be served by granting the relief requested to the Plaintiff . WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting custody, partial custody, or visitation of the children to the Plaintiff and natural Father, Leon E. Nailor, Jr. Respectfully submitted, DATED I IhfH? . , /et.- Je ne B. Wigbels, Esq ire OFFICES OF PATRICK F. LAUER, JR. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 S.Ct. ro. 68735 Tel. (717) 763-1800 ATTORNEY FOR PLAINTIFF '~;.:,; , h:;}~, ...,t._, c.'f'~~: ... '1~'~~i r. .-;., " ," , . LEON E. NAILOR, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No H7 ~ If ~1VIL TERM . . vs. LORIE L. GARMAN, Defendant CIVIL ACTION - AT LAW CUSTODY AND NOW, this ORDER OF COURT I I ~ 'I /q-, , upon consideration of the . attached complaint, it is hereby directed that the parties and their respective counsel appear before n,'rJ" I L, f?~"&. , "~Q' , . the conciliator, at )02 L lUff Sf /"~, ~,'i . 1'4 , day of (/\ r( h , 1997 at ~.m., for on the b a Pre hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute1 or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR T Eo COURT: By: Custody COl\c YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TBLBPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL BBLP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~ . ; , .l< , t>I- C : ' ~'..:~':' ::.-: >~~ . .,. :::,.'t en P' 20 !':1 ::: 15 10.........,,,. '" . ~.' I ,. ~. - , ,. ". . 1 ,.,', ,', '~" / '30 tf) &t-/. tb-1f' II,~~ ;t ~tI ~U~!-f I ~' <9 ') Y1~~> 11,....;.€/ ~ ~d/" J '_~ 7') ~;' ~ ~e", 'ft1. 4tt~ ~ . '. ~ IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA In the Interest of No. 265 JADP 1998 KODIE NAILOR, A Minor In the Interest of No. 431 JADP 2000 SEBASTIAN NAILOR, A Minor York, Pa., Wednesday, November 8, 2000 Before Honorable Richard K. Renn, Judge APPEARANCES: MICHELLE POKRIFKA, Esquire For Children and Youth Services BRIAN STRONG, Esquire Guardian Ad Litem MICHAEL A. SCHERER, Esquire For the Father * * * o ROE R NOW, THIS 8th day of November, 2000, the Court has this matter before it on a petition brought by PlAlNTIFPS EXHIBIT 1 I I .;)u/o I rrv.." York County Children and Youth Services to suspend father's rights of visitation concerning presumably one or both children of the respondent father. The testimony centered around alleged allegations that father sexually abused Kodie Nailor, age six, at a recent visit at Kodie's grandparents residence, the grandparents being the paternal grandparents. The case law is clear the Court has to be convinced by clear and convincing evidence that the father posed a grave threat to the health, safety and welfare of a child before the Court can limit or extinguish father's rights of custody, partial custody or visitation. The testimony largely centered upon statements which Kodie made to a doctor that indicated that his father peed in his mouth at some point in time. The doctor assumed that it occurred relatively recently because the allegation also was that it occurred during a visit at the grandparents' residence. When the Court questioned Kodie, the Court is reasonably confident in concluding that the act certainly did not occur since several known periods of time in Kodie's life, among them being this past Christmas and this past birthday of Kodie which was in February of 2000. 2 Re: Nailor No. 265 JADP 1998 No. 431 JADP 2000 njb - 11/13/00 4 .- ..,~ ~) 11f. U.-/l~-c:.~-<-.:...~-- c /,J.t.. ~ A_ . c..- .1- __', .> ~ .-<..4'._\ (7l'r~ , ~~!r ~. '/~/04' - rk ~~..I t~..:..J ~~. . C!..i5 ~c-::t~ - ~r~'" .. o~ c.A.fJJ,/ 1>1, f'~~ c.:... O-t>~ .. ' I., . 5~ ~ ~7::: . S~ 'fI1 !r-Jol~t:.) vfL ~:> ~ ~, /J.e J.-;:.J ~ ~~ c--u ~ ~~ 0) ~t m U~~k,.--J~~ ~.~ -7 c: (2f--c-~ r'Vj prldj-(G"\t"'--~ C.jt.v~<j' .t'-l . I./R ~ 1 ~ ~'J. ;) (,-6..-,,(', ~ ~trd, v' ~~~~. ~ ,,- ".,"'''Mo, f?,) ~,,~~ ~ ~J y;..t:J . ~. ~: (PO~ rL!A --7 . 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Iii d 9ft) D^o t ~~.k-~ - 11\ \,: ____..,,___.__,__.~_."._ HN ..M...-.._.__.________._...'.___ ,_"",,___'''__'_' ""'4_'_____"'_'_'_' _.._-_.~..-._-"--" -~._--- _.. .." -----.--.--..-.--.....----.----- --' ......_...___w..._._.._._.__._ _ ~ . _ _____ .. .__n__________ _0__-'---- .' ,__ _... ,'.'0' _.__..___._~u_._._..___- .__..----~.- ----.-.---.----.- ..0-----.-.--- _.__ _,_ __.~_~_w,. 'I LEON E. NAILOR, JR., Plaintiff vs. IN 'rHE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~?1. '119 No. CIVIL TERM . . . . . . LORIE L. GARMAN, Defendant . . : CIVIL ACTION - AT LAW : CUSTODY COMPLAINT FOR CUSTODY The Plaintiff, Leon E. Nailor, by and through his abtorneys, The Law Offices of Patrick F. Lauer, Jr., files this Complaint for Custody against the DE!fendant, Lorie L. Garman, and avers the following in support thereof: 1. The Plaintiff is Leon E. Nailor, an adult individual and the natural Father, who currently resides at 5 Golf Course Road, Dillsburg, York County, Pennsylvania 17019. 2. The Defendant is Lorie L. Garman, an adult individual and the natural Mother, who currently resides at 85 Detroit Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant seeks custody of the following children: Name Present Address Age 2-1/2 yrs. DOB 2/22/94 Kodie E. Nailor 85 Detroi t ;~venue Mechanicsbu:r:g, PA 17055 Sabastian Nailor 85 Detroit l\venue Mechanicsburg, PA 17055 The children were born out of wedlock. 7-1/2 mos. DOB 2/22/94 4. The children are presently in the custody of PA 17055. Defendant, Lorie L. Garman, at 85 Detroit Avenue, Mechanicsburg, II 5. During the past five years, the children resided with the following persons and at the following addresses: Name Address Dates Lorie L. Garman 85 Detroit Avenue Mechanicsburg, PA 17055 1/4/97 to present Leon E. Nailor, Jr. Lorie L. Garman 85 Detroit Avenue Mechanicsburg, PA 17055 11/96 to 1/4/97 Lorie L. Garman Mt. Holly, PA Bobby Garman (Lorie's brother) Aaron (Bobby's girlfriend) 4/95 to 11/95 Leon Nailor, Jr. Lorie Garman Lisa (Lorie's friend) 85 Detroit Avenue Mechanicsburg" PA 17055 11/5/94 to 4/95 Lorie Garman Lisa (Lorie's friend) 85 Detroit AVEmue Mechanicsburg" PA 17055 2/22/94 to 11/5/94 6. The Father of the childreln is Plaintiff, Leon E. Nailor, Jr., whose mailing address is with his parents at 5 Golf Course Road, Dillsburg, York County, Pennsylvania 17019. At the time of the filing of this Complaint, he has no permanent residence. 7. The Mother of the children is Defendant, Lorie L. Garman, who currently resides with the children at 85 Detroit Avenue, Mechanicsburg, Cumberland Cou.nty, Pennsylvania 17055. 8. The Plaintiff has not par1:icipated as a party or the custody of the children in this or another court. witness, or in another capacity, in other litigation concerning " I 9. The Plaintiff 'has no information of a custody proceeding concerning the children currently pending in any court of this Commonwealth. 10. The Plaintiff does not knmi of a person not a party to the proceedings, who has or claims to have physical custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children will be served by granting t.he relief requested to the Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting custody, partial custody, or visitation of the children to the Plaintiff and natural Father, Leon E. Nailor, Jr. Respectfully submitted, DATED: /.hc( H~ ne B. Wiq~.~~ OFFICES OF PATRICK F. LAUER, JR. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 S.Ct. ID# 68735 Tel. (717) 763-1800 ATTORNEY FOR PLAINTIFF II LEON E. NAILOR, JR., . IN IrHE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . No., CIVIL TERM . . . LORIE L. GARMAN , CIVIL ACTION - AT LAW Defendant . CUSTODY . VERIFICATION I, Leon E. Nailor, Jr., state that I am the Plaintiff in the above-captioned case and that the facts set forth in this document are true and correct to t~he best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. S 4940. ~ 11' !" .~ '1 eon E. Na lor, Jr Date: \ \ "Z. ~ ( q --, " , , ! I LEON E. NAILOR, JR., Plaintiff : IN ,]~HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No .q7 - Lf ~~VIL TERM vs. LORIE L. GARMAN, Defendant . . CIVIL ACTION - AT LAW CUSTODY AND NOW, this ORDER OF COURT 1/ z. 9 Iq-, , upon consideration of the , attached complaint, it is hereby dir4::!cted that the parties and their respective counsel appear before fl,'rLe I L. f1'f"~{." ("'If I , the conciliator, at ) 0 2 ~. , Off on the {, day of (1~ f( ~ 5 f, (fA ,.., 1/-.// ;' P 4 , 1997 at ~.m., for , a Prehearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE. COURT~ 61-- By: fYl.u.J.,,-,.I. rffi % . Custody Co~cil' tor YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT DAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 -~~-w, :~~ OC;;Z-I /r % ~ ~ t.6 <<I J?>?t?~ f7' ~ ru $.p -~ (~ot' I Vi\',Iv'/\l).,Sl\l\\'"l r\ .\.. i ~, ..::I~... IJ},J110:J O'/1):-:~w'.lnr'\ ...'__.' . ,J 91 :8 Hd ot; i.JI' LG I U\il(,i\lV( '.: i' '".'.J 'n I\UV '-....... . w..v'u......; :lv 381:1:10-031\:1 . . IN THE COURT OF COMMON PLEAS OF CUMBERLANDJCOUNTY, PENNSYLVANIA No. ~5-2~~; 97-419 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY LEON E. NAILOR, JR., Plaintiff . . . . vs. LORIE L. GARMAN, Defendant . . . . PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the Complaint for Custody filed by Plaintiff on January 24, 1997 at docket no. 97-419. In addition, please remove from the court docket the hearing scheduled for the 11th day of June 1997 at 10:00 a.m. Respectj:ully submitted: DATED: (p(ro(q, ~."-J fjv~ ~~. Wigbels, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Suprl~me Ct. ID No. 68735 Phone: (717) 763-1800 ATTORNEY FOR PLAINTIFF 1\ LEON E. NAILOR, JR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBHRLAND COUNTY, PENNSYLVANIA . . lJ"6cJ . vs. . No .~l5-JJ2-8; 97-419 CIVIL TERM . . . LORIE L. GARMAN , . CIVIl~ ACTION - AT LAW . Defendant . CUSTODY . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe upon the person, and in the manner, indicated below, which service satisfies the requ.irements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the united States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Jan Terpening, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 DATED: ~ (to /11 ~ (17' 1':--.-[ /) BY: 4fl1 /)t-. W~ Jea e B. Wigbels, Esquire Law ffi.ces of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Supreme Ct. ID No. 68735 Phone: (717) 763-1800 ATTORNEY FOR PLAINTIFF DEG } 9 200fI f/) v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ift-Lit' NO. ~ 2J24-CrvIL IN CUSTODY LEON E. NAILOR, JR., Plaintiff LORIE L. GARMAN, Defendant COURT ORDER AND NOW, this ~~ day of December, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The appropriate law enforcement agency exercising jurisdiction where the two minor children who are the subject of this Order are: present is hereby authorized and directed to enforce the terms of this Order upon request of the Father. Specifically, the Father Leon E. Nailor, Jr. is to have custody of the minor children Kodie E. Nailor, born February 22, 1994 and Sebastian Nailor, born June 24, 1996 for the Christmas holiday from December 25 at 1:00 p.m. until December 27th at 7:00 p.m. Additionally, Mr. Nailor is to exercise custody with the minor children on a standard alternating weekend schedule starting again on Dt~mber 29th through that Sunday at 7:00 p.m. Mother shall not interfere with law e:nforcement's efforts to effectuate compliance of this Order by the parties. 2. The custody schedule set forth in Paragraph 1 and the Custody Order as entered on August 25,2000 shall remain in effect pending further Order of this Court. 3. A hearing is scheduled in Courtroom No. 5 ofthc~ Cumberland County Courthouse on the ~f"f day of ::r ~ .0 --,2001 at /;00 L.M. at which time testimony will be taken on the Father's Petition to hold the Mother in contempt. At this hearing, Mother will be expected to explain her reason for failing to appear at the Custody Conciliation Conference in addition to her willful violation of the August 25, 2000 Order of Court. 4. A copy of this Order shall be delivered to the Mother via regular U.S, Mail and Father's counsel may also refer this Order to tht~ appropriate Sheriff's Department for service on the Mother. ~ ~ ~ _.~ 00 L--K \'):~ BY~ Edward E. Guido J, '. ~ IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA In the Interest of No. 265 JADP 1998 KODIE NAILOR, A Minor In the Interest of No. 431 JADP 2000 SEBASTIAN NAILOR, A Minor York, Pa., Wednesday, November 8, 2000 Before Honorable Richard K. Renn, Judge APPEARANCES: MICHELLE POKRIFKA, Esquire For Children and Youth Services BRIAN STRONG, Esquire Guardian Ad Litem MICHAEL A. SCHERER, Esquire For the Father * * -I., o R D E R NOW, THIS 8th day of November, 2000, the Court has this matter before it on a petition brought by PLAINTIFPS EXHIBIT 1 Ij JUlIo, ('tV.." ,~~:. York County Children and Youth Services to suspend father's rights of visitation concerning presumably one or both children of the respondent father. The testimony cenitered around alleged allegations that father sexually abused Kodie Nailor, age six, at a recent visit at Kodie's grandparents residence, the grandparents being the paternal grandparents. The case law is clear the Court has to be convinced by clear and convincing evidence that the father posed a grave threat to the health, safety and welfare of a child before the Court can limit or extinguish father's rights of custody, partial custody or visitation. The testimony largely centered upon statements which Kodie made to a doctor that indicated that his father peed in his mouth at some point in time. The doctor assumed that it occurred relatively recently because the allegation also was that it occurred during a visit at the grandparents' residence. When the Court questioned Kodie, the Court is reasonably confident in concluding that the act certainly did not occur since several known periods of time in Kodie's life, among them being this past Christmas and this past birthday of Kodie which was in February of 2000. 2 "'. The concern that the Court has is that Kodie may either be confused or referring to a previous allegation ~ich occurred throughout the past several years, most notably or perhaps the most recent being with respect to Kodie in 1998. convinced, based upon credible testimony presented, that Accordingly, the Court is not clearly father sexually abused Kodie and, therefore, since that is the basis of the agency's petition we will refuse the requested relief. We note that the issue is currently apparently governed by a custody order entered in the court of Cumberland County and obviously father and mother's relationship will be governed by that custody order. to counsel for father; to York County Children and Youth, We direct that a copy of this order be sent attention Mary Hope; to Attorney Dorothy Livaditis, counsel for the agency, and to Attorney Brian Strong, counsel for the children. BY THE COURT: /~ '" 1 r.~ >:-::::::::;:~~:::::~ , .____...:.._._-~- ,.-/. ':-'-__r_.J :l---" - Richard K. Renn ,Judge 3 Re: Nailor No. 265. JADP 1998 No. 431 JADP 2000 njb - 11/13/00 4 JAM-3D-Ol TUE 1: 11 PM HOUGH RODNEY FAX NO, 2433599 p, 1 1.J!I! _. JAtI 3 0 200' RODNEY K. HOUGH, M.D., F,A.A.F.P. ROBERT F. SIGUENZA, M.D. M. JOAN RICE, M.N., C,R,N.P. CATHERINE McELWAIN, M.S.N., C,R,N.P. MATTHEW TONIATTI, PA-C SARAH STURGIS, M,S.N, C.R.:N.P. 49 Brookwood Avenue · Carlisle, PA. 17013-9126 · (717) 243-8000 · Fax (717) 243-3599 FROM: FAX CONFIRMATION ~(,~~ {~~~V(?d ~/-, I'ck) ~t +l)-~tb..l ('4 c. TO: DATE: 1- ~o ..0 , NUMBER OF PAGES: ff; 1~- TIME: _I p_JrA...... (including COVE~r page) SUBJECT-- COMMENTS: \( ~ ~i.~ - ~-;:~\~~,~~~ ~f?~rc FlU) n~ j) {> I. . , -:;,.. \"'\ Ii) ./IA ( ,---",- , . --- ) i li I 'II i !i I- TI--IIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO Wl-ilCH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRNILEDGEO, CONfIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW, IF THE READER OF THIS MESSAGE:; IS NOT THE INTENDED IRECIPIENT OR THE EMPLOYEE OR ^GENT RESPONSIBLE FOR DELIVERINC THIS MESSAGE TO THE INTENDED RECIPIENT. YOU ARE HSRE:BY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE: RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US IMMEDIAn:LY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE 1'0 US AT THE ABOVF: ADDRESS VLA THE US POSTAL SERVICE, THANK YOU!! ~~"1.. r....J.., ~~"' ''''l, "~.' "':.. .~!.l~.. , " ." .:.">-' ~~f!l~ir5~~~~.f.( . .. .. -:". :.' .. ) .' ~;. , . '~;;A.~~~ ." :>:<::~!>r ~,.'..- .;; 0\... .. ~' . .. . _ " .' .' , . . "~f~~~~~iJ,-~~~i~~~~~J~~~~~~~~~;~~[~~fJsji~: :.c..... . ,,'c..". , W.""~,\'i'''''''~' ".,j '''Ii' ......... "" ". '\l~ H'"'''' .- ." '.. ".t., ~" .... '. .....,.. .:. ..--(..1" .", . .~ ,.;~5?::t,':.J~t~\~f~~l~~:~;lJl;~1 ~~;~;~I~;~:;~:.t.)~~J~::1~t~}~..~.:':~~ ~~}f; j::.t1.~t:' ~_'~~:,:{~;:;~'~J' . Sjl~;~~~,~>:':=,~~":;L..':~ ...... .lAN-30-01 rUE 1: 11 PM HOUGH RODNEY FAX N9:.......__nn.5J9.,...........-_... .~".-,-~--,.-- - ~~.. .-_.. . ...., .. ........ '" ....:. ........._.........__.....__....._---~.... -"-'-' .,......~. 1', r, '-' _ .__ u_ _._.m___n__n..____._ v '-.,..,.~ Sabastian Nailor 1/29101 0: WDWN in no acute distress. Ears TMs injected bilat. landmarks intact bilat, No bulging of TMs. Throat neg redness, exudate, swelling, sores or rashes. Neck soft and supple wlo Iymphadeno, tenderness, decreased ROM, elr thyromegaly. Heart RRR. Lungs CTA. Abd. SNT..+' a bit distended, no organomegaly or masses. A: URI r Constipation po. l)l) P: Eryped 200 mg per 5ee 1 tsp tid for 10 days. Rondec syrup 1/2 tsp qid for congestion. Plenty of rest and fluids. Bulk up his stools to help with constipation and can use OTC Fleet enema or water enema to help move his bowels. Given stool cards X3. We'll collect stools for O&P and bacteria but if thElre is not enough collection tubes we'll look into that in the near future and ask him to come back in 2 wks for recheck and go over med maintenance and we filled Add'erall 20 mg 1 tid #90, 0 fef. ~ MP'r {V} ,.' P/j-C \\r6j61 -'1'7 :: ~= Fli: HOUGH RODNEY FAX NO. 2433599 " . . .', .." ___~~~l-l,I):\.~."lII'If1l ~ .~ l. '-' --.. SEbastian Nailor s: Pt presents with his brother and mom stating he's bElen having a cough with bad nasal congestion, a lot of snoring at night, clear drainage from his nose, intermittent fever. No chills or sweats. No increase in fatigue,He's bl~en having a lot of abd. pain. Mom states she hasn't seen blood in his stool. No n/v/d.He's had 4 lb weight loss over the past 3 mo. He was diagnosed with cerebral pallsy when he was very young and was deemed mentally handicapped. as time went I::>n he was showing signs of rapid improvement but recently there has been prob. with his father and mother splitting up and stress associated with this and it was fOII.md the child is very stressed out with his father being around. his mom states there were 6 counts of child molestation the pt's father was being found on and with these times of stress the pt is regressing mentally, Their front lawn has been' deemed uninhabitable due to contamination and that is where their water well is. Recently they lost a cat and fish highly believed due to water contamination. Pt is around his mom who smokes but she states she tries to smoke away from the child. 0: WDWN in no acute distress. There is some labored breathing through his nose sounding like adenoid hypertrophy. Head normocephalic.. Ears TMs pg and landmarks intact bilat.Nose mucus membranes healthy pink moist with minimal drainage and congestion bilat, Throat neg redness, exudate, swellin~l, sores or rashes. Neck soft and supple wlo Iymphadeno, tenderness, decreased ROM. Heart RRR. Lungs CT A. No accessory muscle use.Abd. SNT, no organomegaly or masses. A&O X3 with no depressed mood or affect. A: URI Abd. pain P: Amoxil 200 mg per 5cc 1 tsp tid X10 days, Rondec 1 1/2 tsp qid pm chest congestion, rest. fluids, avoid irritants in air including cig. smoke, Given stool cards and stool culture to collect for O&P, blood, parasites, bacteria. We asked mom it's needed they get out of their home asap due to the health risks. We'll have an ENT referral with respect to labored breathing and snoring to check for his adenoids or any blockage that maybe causing this. Any prob. or quest. to contact us immed. MT \;\~~\o\. ., s: Pt pre~ents with persistent URI symptoms. Dad galm::d custody thiS past weekend and his mom has put to jail for failing a court order. He was not given any meds they were on to help with the infection. Pt brother Kodie was treated the same time and stated neither he or his brother got any med that was bubblegum in flavor that the Amoxil I prescribed and they only had been getting adult Nyquil to help sleep. Dad states pt has been having nasal drainage, colored drainage from his nose. coughing. Dad states he's had prob. passing his bowels. He's been constipated the past 3 days. No n/v/d. No fever, chills, night sweats, ear pain, sore throat. ~ JAN-:Ci-I]: PJE 1: 12 PM HOUGH RODNEY .r.>~'~<!I:~.~'1':1'~,1I;\~~~,~ ~~~ --'~ FAX NO, 2433599 F. . V lJl.---...4..J ~_~~~.~>>.2!lr~~..t..tl!!",:,"lW.:;.~lIllIII"'~ ....... , "-",' Kodie Nailor 1/29/01 S: pt presents with his dad continuing to have cough, URI symptoms, he's noted over the past couple days a lot of diarrhea. Pt states he didn't receive his Amoxil or Rondec syrup for his URI and his MGM was giving him adult stnmgth Nyquil to help with his infection and help him sleep. No fever, chills, sweats, n/v/d. Dad states there were prob. with him in school as he didn't have his mad for his ADD and school stated he needed to get his med. refilled. 0: WDWN in no acute distress. Head normocephalic. lEars TMs pg and landmarks intact bilat.Nose mucus membranes healthy pink moist wlo congestion bilat. Throat neg redness, exudate, swelling, sores or rashes. Neck soft and supple wlo Iymphadeno, tenderness, decreased ROM.Heart RRR. Lungs eTA. Abd. SNT, no organomegaly or masses. . A; URI ADD P: Eryped 200 mg per 5cc 1 1/2 tsp tid Xl0 days. Rondec syrup 1/2 tsp qid for congestion. Plenty of rest and fluids, avoid cig. smoke and run warm moist heat in the home. Adderall 20 mg 1 tab tid #90, 0 ref. Given stool cluds and given vials to collect for O&P and bacteria as was given at least visit but not performed. We'll see him in 2 wks to have overall health assessment. MT fY7T pl1-C >.:\:-::>:J; TUE 1: 13 PM HOUGH RODNEY FAX NO. 2433599 C', " ~ .I:ld 1I.~"'~~ ~ . ~ -.. Kodie Nailor January 18, 2001 s: Pt presents with his mom with a recent hx of cough, nasal congestion, some wheezing, intermittent fever, some fatigue, mom state:s he's been having bouts of diarrhea in the past with blood in his stool.~srcrtes his home life is stressful with prob. with the father and the area which they live the fr;;u~lawn has been condemned due to contamination of the soil and that is where their well is. They've had prob, with a lot of pets dying in their home including cat and fish. Pt continues to do well in school and eating is not a prob. 0: WDWN in no acute distress. Head normocephalic. IEars TMs pg and landmarks intact bilat.Nose mucus membranes a bit congested and moist. Drainage noted bilat. Throat neg redness, exudate, swelling, sores or rashes, Neck soft and supple wlo Iymphadeno, tenderness, decreased ROM,or thyromega1v. Heart RRR. Lungs eTA. No accessory muscle use.No wheezing. Abd. SNT, no organomegaly or masses, A&O X3 with no depressed mood or affect. A: URI Reported abd. discomfort with blood in stool P: Amoxil 200 mg per 5ee 1 1/2 tsp tid Xl 0 days, RondE!c syrup 112 tsp up to qid prn congestion, Plenty of rest and fluids. Given stool cards and cultures to check for O&P and bacteria or blood in stool. We have suggested mom get them out of that house asap and not to smoke any cigs around him and have him avoid irritants in the air. any prob. or quest. to contact us immed. MT ,-~ D ; 0ry.~ ~ I(,l:(,! a( c-_-A, ~:~ ' (.~ lY\olr~, +r~" _hoc> _~~\~."t \\~~ lAA..",-(~ '""-'<- \) . . ~~ d"V~l~ fV1; r- plt.~ I~P _P~R" .~ ~/~\NT T J GE...t(J ALL' He... /"\ ~MP~ _pvu- <. . r-... 1....J...:1- - f7 ./ ~..-\ ~. ~o--t--QcJ ~ \\2-1\ 0\ p l'l G. ,Y\,~-cJ-~ .... *' OFFICE OF CHILDREN, YOUTH III FAMILIES COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE HARRISBURG. PENNSYLVANIA 17120 MAiliNG DATE MAY 1 8 1998 CHILDLtNE III ABUSE REGISTRY DEPARTMENT OF PUBLIC WELFARE HILLCREST, 2NO FLOOR P.O. BOX 2675 HARRISBURG, PA 17105-2675 TELEPHONE NO. 17171 783-1964 MS LORIE GARMAN 27 CHESTNUT STREET MT HOLLY PA 17065 APT 9 Dear Ms. Garman: A report of suspected abuse or a report for studl:!nt abuse involving the above named child was investigated by the agency listed above. Child: KQdie Nailor Report No.: 67-12312 Case Status: Indicated Agency: YORK COUNTY CYA If the status is Indicated or -Indicated for Scb,ool Employee, it means that the agency determined that the child was abused; if it is Founded or Founded for School Employee, there was a court finding of abuse. The report will remain on file in the state and county offices until 23 years after the child's birth. At that time; the report will be expunged, However, the information on the perpetrator or school employee will remain on file indefinitely if the social security number or date of birth is known. Your name is listed on the report as: (1) [xl parent, (2) [ 1 substitute caregiver, (3) [ 1 perpetrator, (4) [ 1 school employee, added to the report as the (5) [ 1 or deleted from the report as the (6) [ 1 If your name is checked as a perpetrator or school employee in the above paragraph, the fOllowing applies: Persons named as perpetrators of child abuse or school employees named in reports for student abuse may not be hired in child care programs or public or private schools under certain cOIlditions according to Act 33 of 1985, and Act 151 of 1994. You may have the right to receive services, which are intended to prevent further abuse or neglect, through the county children and youth agency, You also have the right to receive a copy of the report by writing to that agency or this office. Please refer to the report number listed above when making your request. Should your address change'before the child becomes age 23, please inform this office. Only perpetrators of child abuse or school employej:!s named in reports for student abuse may request that Indicated reports be amended or I:!xpunged if they believe the report is inaccurate or that it is not being maintained in accordance with the law, All requests must be made in writing within 45 days from the date of this notice to the Secretary of Public Welfare, P.O. Box 2675, Harrisburg, PA 17105. If this request is denied, perpetrators may have a right to a hearing. If you have questions about your rights, involvemellLt in the report, or this letter; we suggest you contact the investigating agency,. telephone (717)846-8496 SF/Is Sincerely, ~J-- S~ Fries G. Director '"'l SNL I.KJ Check this block fo~ child a.buse ~ ""'"",""'N,, ...d ... .." ., <hI. '=pI".. I.,~ .. C'"'LI.. . Abvo. '.,I",y. 0......... " P"H. w.I/", L.... Lod,.. '" 'N. P.O. Bo. '" ""I.',,~ PA "," wi.... 30 "Y' .1 ... ""'" .f ~ .... "POrt ., ......... ""', ...... 'yo. .. ..I... U.. ... f..~ ..' ..,...., A. 0" TE OF INelOIiNT . Prior to Jan 27, 1998 3, NAME OF CHllO/S UOIiNT LoISt, Finlt. MidClI. IniUa" Naiior Kodie . ~~'; " '_:' . ,It:... -, ; ".... ;, ,: '.;'~~'.,- ..{~ ....... . ... ~....l:.< ~ ; ~..;..~~ "'t',C :. ~ .'~ '.""~"I' ': y .. . ..'..: I '. .... ......... .... ffl.. ..,.., ....... ...... i.. 'r .,".,. ."".,.>~~.' '"''';''~''''''''' ,....... .~ v.'"" '" .'. "~"''''''''.' -"""~'''' """" "', .". . "IDENTIFYING" NFORMA TION . ",.,.,...'. " . "'"'''''''<, ,'. ~"" '4l"~"'''''~'''. """""'~' '"'., "..., .",., '..,N" ,., ''',,' . ~.. . ." '''', ".~ ", , """ '. ..... ". "... """'. ""'" .' ",' '''''' ""_"'''',"'.,.. "'.0' ADDRESS IIncluel. Slr..t. City, Slate. Zip COel.) AOORESS Includ. Slr..I, City, Stat., Zip COel.1 . BIOLOGICAL/ADOPT/Ve FATHER ILut, Flrn, Mlddla InltlaU Nailor Leon Eugene AOORIiSS Include Slnel, City. Slue, Zip COdel 5 Golf Course Road Oi11 sburg ,PA 17019 NJL REGISTER NUMBER Sr 67-12312 'f'r 73 Y A\JenCYI Cumberland SOCIAL. SECURI.TY NO. 207-54-3310 COUNTY York 'f'r 72 AOORl!SS (lncluda Slnet, City, St.r.. Zip COdal PEilPETRAiORISCHCOL. MPLOYEE lL..t, First. MielClle 'niU.u 'f'r First Initial) . REl.A TrONSHIP TO VICTIM , INOICA TE THE INITIAL. REFEARAL. SOURCE 'Check One Slock Only) I I I . '. ;..."............. '.. ""'''~.' .....:.:..:.\.:,~.'.. ......:-..<<,. .~.-.~7,>::;;.;;;,';'L ."f-.ATURS:: .Ofi:~ABU~I:INJ:r.:l.cCT """.""";;..';'" --.... .' .'." ...,........ .... ~ Iii. ..... . .... ., 'YPE OF ABUSE/NEGLECT 1. Physic~1 Injuries Surns/Scalding ] 2. Mental lnjurl.. teo NOT COMP1.ETE FOR STUDENT ASUSE) 3. Se.xua/ Abuse or Explolbtlon ] Rape ~ Incest J Statuto,.., Riilpe L..UCeviate SexlUl Intercourse 4. Physical Neglect (Co NOT COMPLETE FOR STUOENT ABUSE) j Malnutrition ~ ~ck ~I ~L.lperviSiQ~ r""'iJ'I ~.dlciill ~eg/ect Cre~ultlng L-.:...J (resultrng In a Physlciill L.::.-1 In .. t:lMyslC:.1 condition) Failure to Thrive condition) So Immln.nt RI.. 100 NOT COMPLETE FDA STUDENT ASUSS ~hy,'C" Inju,", @] SOX"" A..... 0' E.xi>lol"ticn SCRIEE THE IN.JURIES/CONDITIONS CHECKED ASOVE - Chile! has een UCinatin on ole. It Is = . a 11 ~taI"l ~rp=t-r~'t'"'l'" "P=CIC::" ;,., "'h;,.;, ,. =- Welt:l/ECc:hymosis L.ac.r ationsl Al:lra:Ions Punctures/Sites Sra;,~ O.""g, Poisoning Fractures Skull FrJCtures Subdur;1 Hematoma aruises " ommanwealt/'l ar ennsy'v.ma I "--. -~- --.- iJ. ;~:::;.;",:~ ":'1:"~':':., :';':""'':';NtI~~~~~".:,~':<*j~t...:i.;w,/~~U-f:~~ Asphy:Clatlcn/SlJt f ceat/eln Internal Iniuries/Hemorrniilge Clsmemberment Sprains/Ois/ocatlons Crussl Alccnol i Q!J Crowning L20 Other (C~[pl1 ~ Se:cual Assault l!EJ Promoting PrOslituticn [J[] Pornography CEJ Other ePutment or CY ~I . flU , \i-.\ ~~~4~i~"'_J'L:,e,.S"SERVlCES: 1D0 .1lOrJCOMPLETC'FOR.'.''T\JDENT.:;ABUSEJ i''''''''''lO''_:''';;''';''';~'~I:''\l: . A WAS CHlLO ALLeGEoLY ABUSEO WHILE IN A 'CHILO CARE SERVICE" c.. d;,"ned by CPSLl 0 YES GO NO.... a WAS CHILO REMoVED FROM THE ALLEGED ABUSIVE Srn'!NG1 andud.. <no"" .y ..If. ".nev. 0",,,) Gd YES 0 NO Co WERE LAW ENFORCEMENT OFFICIALS NOTIFIEO OF THIS REPORl? (CY T04 untl GI YES 0 NO O. SERVICES PLANNEO OR PROVlOeo, (p..... ch.ck 'ho ...'o.'~,. .'ock.. 1A..'''''''on" Pl'PI.nn.d,. PR'P,ovld", ond PERPzaPerpetrator). CHILD PARENT PERP. PLlPR PL/PR PL/PR .~ ~ ~ Counseling r;;T;1 ~ ~ Referral to Self-Help L::..L::J ~ L.:.:.L.:J Group ~ ~ r;;T;;l R.ferral to Intra-agency ~ ~ L:.:..L.:J Service. l u I 20 I [ 21 I 22] i 23/2"] ~:::r,;~ to Community PL/PR r:;T:';l'MUltidlsCipllnary Tum 0 No Servic:es PI~n.d or Provided ~ Case Revtew j.~~1<ji>"""t:.o!:d=!~,......" '.<:?.:l.~,.,..\:., fi.""""~~!'I"'~~m;J\."'''':,~~~IV;'.':CASE-::sTA.;;:;s~ i~'"'''''~.!!w'''';'';':'.'':'''''<:I;o...~"""".lil''''''' i.~';';"0';(ii;j~;:.:.a.;w;;,""';'\I''<'!-l'';'''ii~.;ffl,.. -'=--"'-_.~ - . . "-"'.''''-''''''--~'''~-''- O PENCING JtNENllE COURT ACTION (Updated 0 PE 01. IMI A . UR AND FOUNDED (Court Finding- C CY 48 ',,",,"d wh.n ..."t '''on oomp'ete'" a ~ .;vl.~~".w" when .0",' Co ....oily ."owl m INOlCATEC 1.0 Medical Evidence 2.r71 CPS Inv.stlgarfon 3'0 Perpetrator E. 0 UNFOUNOeC ' L::.J "f cneck.d, anSWer 1, 2, or 3) W Admission LEASe SXPUIN IN CST AlL THE SASIS POR THE CASE STATUS YOU CHECKED ANCI SPECIFY CRIMINAL ACTION. Kcdie Nailor reported !:hat Leon Nailor, his fa1:her, ,"Pees" in his mouth and on the floor. He said this was done several t:.in&s. He reported the color of the pee is white. leon Nailor did these acts for his sexual gratification. The act- meet:s the dJfinition of Child Protective Services lalr.1S of sexual assault, incest, deviate intercOurse. CHILD fJARENT' PERP. PLJPR PL/PR PL/PR [~ ~ Homemaker/Caretalcer Service. [.;;T;;1 r;;-T";;1 Instruction and EducatIon for :.L.:::l L::J...::J Parenthood G Emersency Medical Care ~ G~ GGJ Other' ~,. I 'AS THERE A RELIGIOUS BASIS POR CHILD'S CONOITION? (Appllabl. only If e Is ch~.cked) 0 YES 0 NO o T1<E CHILe OlE AS A RESULT OF THIS INCICENT OF ASUSElNEGlECl7 """'"0..... only If C 0; 0 I. ....k.'" 0 YES.1lD NO -...v:"FACTO....'CONnIlIl1TING.TO 'ABUSE.(COMPl:aTII"OA-I'OUNllID'OJt"NIlICAna"REPORTs.,.ONL~_ .... ...... .. mony .. "'". 'IC'"" IIld .... "'om " onl., 0' "'ev.... r ,. .elng most "I.vend. Evldon.. must ..Ist to "firm th. s.lectIcn of the factor(s) which 'r;lp.ars to contrIbute to abuse. ) SUBSTANCE AaUSE (INCLUDES DRUelS. CHEMICALS, ALCOHO~ 1Te.) ~ Sl'RISS lCfJli TO 11NANCIAL JlJIlOBLEMS, UNIMIILOVMENT, OIVORC!. ITCJ J ......,- 'A'ENTAl. "'Ll.. ao kHOw,LlOCllINCU/CU ";<...LI..,'. """CTAT'O". LI..,TIO kHOWl.1DQI " CHI""'aaa OIVlLa''''''T. llTQ J VUl.Nr"AaILITY 01' CHILe (CUI TO CHILD'S Aal, IIHYSICAL LIMITATION. O'VILO~MINTAL ClUws, ETC.) J SIXUAL CIVIAHcV 01' JlEII,nRATOR (lASED ON A DIAGNOSIS 0" ClIIlMINAL CONVICTIOHl 1 AaUSI aETWEEN JlARINT 1'C3UJIlIIIHISTO"V 01' "CiHTINel BITWUN IIAIIINTS OR IIARINl' suas,.,TUTlSl II"",,,.,,,,, ....'L TI>OO'..... ""'COT ....... A.II 'A"" T ...., "/lNO' ""A v A'....IIJ.. Ta """ W<TH ,.... 'LV o. _0_ ....., /,MJI....IJIIID JIJOGEMiN1' 01' "EilJltTRATCR /CAIJSEO 8V lIHVSICAL, MENTAL OR IMOTIONAL I.IMIT...TIONS) ; lI!i1"!TiIIATOII AaUSID AS A CHILO TV -,", A'US' 00:\1""'0 York IT"! AClI1fCY 'NC"IC III Michelle L. ......:.."'...." :';,;:.... :.;'/.,:'CHILCLINE USE ONLY "". "CODE -"" ::..." OllUlLlHI 'NOIIICIIt A. a. e. D. E. IF. Ml Riegler ~ Shienvold ~,W & AssocIates July 31, 1998 Elliot Riegler, Ph.D. Arnold T. Shienvold, Ph,D. Melinda Eash, M,S, . Wayne Trotta, M.S, James W. Eash, L.S.w. Michael 1. Asken, Ph.D, Bonnie Howard, Ph,D. Amy K. Keisling, A.C.S.W" L.S.W. Gayle Sicchitano, M,S, Don Lawrence, L.S,W. MichaelA. Scherer, Esq, O'Brien, Baric & Scherer 17 West South 81. CarIisle,P A 17013 Joan Carey, Esq, 8 Irvine Row Carlisle, P A 17013 Dear Attorneys, I ilnIwritWlthisl~eririfollow"'p.to our Cpnf~calI~IiIO~'~~Q~~<!*,my llffice .~ ~~ to petf<:>9)1 a Be1<JIaI. Muse ev~"".pII!"~ant !9enAfP~%Gc>,~It~!;)I'II~ HonOl"ll\lleEd\.V.lUll~~do ~MaY29. .1998.. 'I1n/t evajl'atio"'bas~~I~~~*I1e ~~.;(~~.tllisl!l\ler~b~lontbi? infol1OlltiOI!!l)~pr..~ I ' 'The followingJltO<'<'Ss WIts b~. dllting tlje llVallum~Mr{ ~...eSIdP~J.,[liil"r. ~ interviewed individuaJlr forllpproximately twobollfS' Additl!>naI1Y'Mr'!'II~()~ """.'I'lel,:,,the MinnesotaMuItlpl)asic Pet'S!>na!ity Inventoty"2. Mr. NI.iiOI ~ also ob~int~witllliis son on two separate occasions for a total of two hours'l Lori Qannan was interviewed individnal1y for a~ytwob()UISSheWll8 al"J()b~ intlllllClittg ~~i"J(jrone hoW'. K6We Nailo.was s""!';totaI of ~\lll~.BOsid"!p,o.etitn~IIeWll8~wi~ ~ parent,.Kodie Wll8interviey;edl!Ildob~individualI~ fur~ bOlU'S, lI'\"beWll8~~one ~~~=~~~~:~e~=y~4':f=~-:~~"report I In generol,It j" IIgteed by b<lth parties ihattheykr., l/wOlvedin altimlJlfuQUs 5 .~ =;~~f~a1,~th~:~::t~~~t~%~:~~~t: there v.:etemany ~ts~ thent.. but alIegesthat tri W?uIdals9hit~~llj> ~.:r:tte :::"~=t;.e;"'~edth=1=~;r~~~~~Xff. I Fax: (717) 540-1416. (717) 540-1313 · 2151 LinglestownR~ad, Suite 200. Harrisburg, Pennsylvania 17110 Page 2 I I their last separation Lori obtained a Protection from Abuse Order against Mr. Nailor. Additionally, he was to visit the children only when SUP~rvis~ by his parents. It was during these supervised visits that it is alleged that Mr, Nailor sexuallY abl1:sl~d Kodie. I Lori indicated.. that she had become concerned atoutKodie after some unusual changes in Kodie's behavior. During a bath he had grabbed his lit4e brother's Penis and said .that ihis fatber told him that "power came from it." Kodie bad come up to~er fromb~hind and "kissed my butt!' He stated that be had also kissed his fatber's butt. Fin~!y,Kodieurinated.on his bedroom floor and in his own pants, even though he has been toi~et traip~~d for sometime, When. Lori asked Kodie why he did that, be replied that his fatlter 8nd he,Y"" pnthe~?p~ and that hi'liUhet "pees in his moolb>> Kodie became increasinglyaggres~lve ~ ~~i"hi' PIllyIp~Pwitlg these disclosures. On the advice of Mr. William Tbom~, a ~unselorworkihgwithKodieforhis attention.deficit disorder, Lori called the Children and 'fouthA.gency. I I Mr. Nailor absolutely denies any abuse of his so~. H~indicatedthttthewasalwaystnIsted by Wri Ip watcb lbe children when lbey were Ipgcther \Is a "\ruple, Herepor\e<iawillbmness 10 cooperate with any investigation of the allegations, but relt ili.8.t he was n(Wer given that opportunity, According to Skip, he was onIy interview~d fOJ;o'tell minutes by the Agency ease- I . wwker. Skip reported that he was involved in lbe care lof lb~... '.. c hiJdren W. he.. ~tlilly "'.er. ". yo... ~.ger. . He would change Kodie'. diapers and fued him. Hi, more I'OF""I visits.>Vitb Kodie w~llpClll playing with one 811other. He. dC!lies that they ever ~ .~ lbe 1k1o~~ .bia~'~h'1"',,'He admitted that be has bathed }(odic, but never said thing!thatJ~e is .nege<l to IllIvc said. H".does nol know ifKodie is lying abput the incidents be is dcscribintl', but dC!li~,tbeywerc d~e~Yhim He fuels that lbere. are several other people who shoold~e ~gated;Th!s "'<)uidi!'elud" OIl ex-boyfriend ofLari's named "Legs", and Lori's brother, J~e. Skip alleges that Jake has molested another family relative, I i Evaluation Results and Recommendations We find il Virtu!IIIYiinpos"ble. to determine witJJ cert~ \VhethCrtl1.~" ..negat\9IUl.~ true or false. During the course of his interviews,Kodi~stat~d his origitIalclaims'recantedthem, and lbO? atlnbutedtbeJn ro. olber individuals, inch!ding I~I" ~?die 8J>PO!lt'lI> !>cQl1il. suggestIble and he was easily influenced by the presence( ofb9ih h1Smoth~rand father. AdditiOnally, Kodie has been.dillgnosed wilb Attention.~ HYperactiyeDjsorcler. . Kodi. becante angry and sullen .<!D. those occasionswhert his fi\ther ~1IS nol ~in theoftiQe.Wlille interacting, Skip deJ!lODotrated good parenting skiD" Ife ~edvcr\iitllr <!Danage appropriate level and neverUied to influence Kodie or J/ul p~ onhirJt, At one JI<'lintk:odie asked his father ifhe had peed in his mouth, to which Sfip responded "no.)) and started to cry. I . Another proble~ is discriminating the veracity df thesp allegations is the emotional/psychological problems of each of the parent~. Lori appears to bean extremely fragile young woman who grew up in. an extremely abusive householu. She appe8.r~ to suffet"withPost Traumatic Stress Disorder, Depressive Disorder, Adult iAtten~on Deficit l)isorder,and.probably a ~',<( Page 3 I i I mixed Personality Disorder, As a function of these v~bus J>~oblems Lori tends to be highly sensitive and may project. some of her fears about abusd ontO~le children. To her credit, Lori is in counseling at this time, Furthermore, she appears to ~espefatelywant to do what is best for her children. She is willing to accept feedback about this situation and does not appear to be maliciously trying to hurt Mr. Nailor. However, she m4y be ihlldvertentlyaft'ecting Kodie's perceptions because of her own problems. . Mr. Nailor also has significant problems, He, tqo, has a. personality disorder which is characterized by a tendency towards sociopathy. Mr.l'failor1~ lPsychological testing strongly supports this diagnosis. Individuals with his profile oft~n r~ve diagnoses associated with Antisocial Personality disorders. Furthetmore, this pro~e isasl~ociated with individuals with alcohol and drug dependence problems. Mr. Nailor ha~ an e~ensive history of showing disregard for societal standards and rules, He has been arrested several times and served time in juvenile detention and prison. He admits to a significant history I of dnlgandalcohol abuse and also admits to physically abusing Lori. on multiple occasions. In ge*eral,.Mir. Nailor appears to have a problem controlling his. anger, especially when he is drit}king. However, he has exhibited poor insight and judgement when he was sober as well. Thetie is nO ~~story of Mr. Nailor ever committing a sex related crime, or demonstrating si~cantlY'abnonnal sexual behavior, Lori indicated that she felt there were times during their rela~onsWp when Skip bad "forced" sex on her, but she denied ever feanng'. for her children when they were with their father. I . I i Although a definitive detennination. of sexual' abl1se c8.nnot be arrived at, it is recommended that. a conservative approach be used in r.~trq~Ul~ing unsupervised visitation for Mr. Nailor and Kodie. To thatend the following steps Fe re<::Qmmended: i 1. Skip Nailor begin individual counseling immelliately. It is understood that the Children and Youth agency has recommended that Mr. Nailor attend tlte Sexual Offenders group atHoly Spirit Hospital. Given the uncertainty of the allegation~. it is'(elt that Mr. Nailor might be better served by involving himself in a therapeutic situation wHich fo:cused on broader iSSUes. such as his poor judgement, lack of impulse control, problems withl anget;management, and drug and alcohol use. Ifhe would also like to attend the offenders groupl that would be an acceptable adjunctive hni I tee que. i 2. Kodie Nailor remain in individual counseling~ Ho~evm', Mr. Nailor should participate in that counseling so that the therapist can continue to monitor the quality oIthe interactions between Kodie and his. father. It is expected that Lori wbuld also participate in the counseling to whatever extent the counselor t'eels would be helpful. i I I I 3, For the time being,. supervised visits should be mai#taiIled between Skip' and Kodie, Those visits should occur at the YMCA until Skip's p~nts have been interviewed to. determine their ability to supervise visits. The Nailor's need to deinonsttate an appreciation for the seriousness of the situation and the importance to their. ~on.81;l~ grandson.oftheir. constant ! I , Page 4 I vigilance in this situation. If the Nailor's participate an1 undt)rstand their role, visitation can reoccur at their home, 5. Unsupervised visitation should only be be~ after both Skip's individual counselor and Kodie's counselor agree that it is safe to precede tq that level. Itls expected that they would consult with one another to make that determination an~ then suggest a gradual process leading to unsupervised visits, : 6. It is expected that Lori Garman will remain :ili her individual therapy and continue to I work on her personal issues. I I I hope that these recommendations ate helpful ~ insut;ing the safety of1(odie Nailor while recognizing the importance of both of his patents in his iJife, If I lean be of any further help in the future do not hesitate to call upon me. : Sincerely, !lIJt. ~ ~d T. Sbienvold, Ph.D. &.. I *:.. . .... . ! ,")t4 f~l:envold ! Elliot Riegler,Ph.D. Arnold T. Shienvold, Ph.D. Melinda Eash, M.S, Wayne Trotta, M.S. James W. Eash, L.S.w. Michael J. Asken, Ph.D. Bonnie Howard, Ph.D, Amy K. Keisling, A.C.S.W" L.S.W. Gayle Sicchitano, M.S. Don Lawrence, L.S.w. August. 24, 1998 ! I i Micha~lASPl1el"~,ESCI' O;Brien;Bat1c &.schereT 17 West South St. CarIisle,ri\.J1013 I I I I JoanOCat'ey,~~q. 8Itvifi~ Ro~ CarlisIe,PA..i1o 13 i I I ' Dear Atto11lrs, I: 1 I ~.l I hadtheop~ortl.U1itytoday to meet with r<>nna and Leon Naior, St. ,The Nailors were seen pursUlmttotltel'~onpnendation ,cotrtai1l+tin my July31,' 19Q~ letter. , · At thattime I had sug~~st~dth't the~ai1or$needed to be ~terviewedprior to t~~n-serving as supeIVisors fot Skip NailOt'syi$it~withhischildt~n. <TodaY'~visitconstituted theij-willingness to take part in that ptocess.1 i .. i , I ;: ActUal1y,theINail()~s'Yere eagerto parti~ipateinthe evalu~ti~h. They have, their own concerns anddesir~sstpol1daty~()their grandchildten. . Both of these p~cmts demonstrated a healthy ~_~#;~~~~~~~(tr~~;d.reitanyway nec~s~,mthlU1YllDdaUinyestigating ~thorities, in order ~~ determine the, truth of the al1egati()ns.itb~ywerediSapp()inted whenonIy.one represen~*tive from ,the Children. and Youth servicespen~ les,s than .1Sminutes gatheqng,information fronilthem. Thet.lai1or'slitl(lic~ted.thatthey never le~ the children out odh1eir sight for more than five min1Jt~d~rtg anyvisitinwhichSkip w~involved, They al$P pointed ,out tbatSkip had a brokenlegdiliing~~t.int~in que~tionw~chpr~luded his abl)i1ty to go downstairs to where the ;tili;~~~~j~~~"t;:;:':4eyp~~~:~~r wasyo~er~histnOthertur1leddrt1gs in~S possession into ~e police. In other words, these ! ) ~ i I 1'_-i ,i \j : .. .,. ..... _ _. . . .' i . ..\'! Fax: (717) 540..141~. (717) 540..1313. 2151 Liinglestown Road, S~ite 200- Harrisburg, Pennsylvania 17110 i . : i '_1 parents indic~ted thatif they felt their so~ was dbing somethirtg wrong or illegal~ they would take action, I' ! i . Mostimpol"tiirttly,the Nailo..ss~m to haye a realistic view ofpoth their son and Lori. They.are her willing to1admitthat he has .a significant drug and alcohol ~story. Furthermore, they understand tijatSkip has. asighificant his~ory ofmaldng bad cijoilces and showing poor judgement. Theyd()nottryto"sugarcoat"those fa~s, They perceive L~ri as having her own set of problems thatfurtherconttjpute to problems for thechildren.,Qf particular importance is the fact that Lori doesnotJikeMt-s, ".Nailor, The~efore, she has limited their access to the children. The Nailors planio eveIltuallYPursuetheit le~al right as grandpar~ts in order to insure time with the I . .. ,.... -. . -, .. , children. I It is ll1yopinion thatth~Nililors can serv~ as supervisors for Skip when he has visits with the children, Infact,ItisJeltthattheir influence will probably berl;:ry positive on the children. They expressed a tl~ingrte~s !oijave their ho~e observed during ayll;it so as. t~mak~ sure that the safety ofthephildr(ml~tn.StlJ'(;}d. I would Irecommend that wh~ these VISItS begm. such a home study is cOllducted,. ..... I i I I i. i : As asidenotF,theNai1orsit~orted see~gLori and the chi1dr~n at Skip's apartment recently. :~:mf~~~~=~~=~~::~~t.:"=:~~~os. professionaJS!Who ate de9-1irlg with this c~se, '! , i ,I If you have.~y futthEn" qllestiorts, do not!hesitate to contact nie. I . .... , ! ! . . S~.cerely, 6.L1C- / ~Old T, Shien~t>, i '1 - '-