HomeMy WebLinkAbout97-04616
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LAw. OfFlC~ o.
PAUL BRADFORD OIR
ATTOINIY AT L.\W
'J.
50 EAsT HIGH 5TJ1!n
CAwsu, PA 17013
(717) 158-8558
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NO'l'll.'l '1'0 '!'1m DEFENDANT
VIOLATION 011 '11115 OROP-R MAY PJ!SUL T IN YOUR ARREST ON THE
CHAROE 011 INDIRECT CIUMINAL CONTRMI'T WHICH III I'tlNlSHADLE BY
A PIN! 017 UP "0 51.000 ^ NnIOn. A JAIL SENTENCE OF LIP '1'0 SIX
MONTHS. 23 PA.e.S. fi/i114. VIOl-ATION MA V AtSO SUB)l!,:'r YOU TO
PROSECUTION AND CRIMINAL PP.NALTIES UNDER THE PENNSYLVANIA
CIUMES COUE,
TIns ORDER IS ENFORCIlADLD IN ALL FIFTY (~O) S'fAn!S, THI! DISTRICT
OF COLUMBIA, TRIBAl. LANDS, U.S. TERRl'l'ORlliS AND nm
COMMONWEAL'll-! UJ.' I'Ut!RTO IUCO UNDl~R TifF. VIOLENCE AGAINST
WOMEN ACT, /8 (},S.C. ~226j. W YOU TRAVEL OUTSIDE 01' THE STATE
AND INTEN'nONALL Y VIOLATE nus aRDOR, yOU MA" liE SUBHlcr TO
FEDERAL CRIMINAl. PROCEF.OmOS UNDER THAT ACT, I~ U.S,C ~~2261.
2262. IF TIlE ORAllY INDICATOR I'ARAGRAPH APPEARS J:!Ir THE ORDER.,
YOU MA Y DE SUBJECT TO FEDERAL PROSECtmoN AND PENALTIES
UNDER THE "BRADY" PROVISlONS 01' THE OUN CONTROl. ACT, 18 U.S.C.
f922(O), FOR J>OSS~SSION. TRANSPORT OR IU:lCEIPT OF imtEARMS OR
AMMUNITrON.
NOTrCE '1'0 1,AW ENFORCEMENT OfFICIALS
lb. pollee who have jllri4dlclion over lhe plainllft'. re.ldmlce UR Ilny locacion where
a vlolalion of Ibis order occurs OR where the defcndaut may be located. <<ball enforce
rhJ. order. An Ime4t for violation ofPlIJ'allnph. I through 4 of lhi, order may hc
wilhout wBITant. baled lolely Oil probable caule. whether or noltho violalion ia
committed in tho prcsence oftbe polico. 23 Pa.C.S. D6113,
Subsequent to 8Iresl. the police officor ~hall ftef1-C IlIl weapons UJed or threlltened to be
uled durinllthe violation ofT.he pro~lion order or dutlnl prior iUJi"enla of abll,e,
'Ibe _ __ _. sball malnlaln possession uf tho wellpolllllln'i! further order of
Illi. Cuurt.
WbDll the defendwll is placerlllnd~ arrest for vlolallon oflhia ord.,r, tho defcndllOl
shaH be taken to Iho appropriate aulllonty or IUthoririC8 before wh JnI defendant i.lo
be arraigned, ^ "Complaiut for Indirect Crimlllal Contempt" shalllhm be completed
IlId signcd by tho police officer OR the plaintiff, Plainlitl'1 preaen,:e and sillnalUro arc
1101 requir.d Iv file tho complainl.
If sufficient grounds for violation of this order are alleged, the d"fundant jhall be
an.iilled, bond jet and bot.h partle.s ,lveD notice of th~ date of the hearing.
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('RAIO SCHILLINO,
AUli J 3 200, ~
. IN nlE COUJn OF COMMON PLEAS OF
. CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION. LAW
rUSTOOYiVlSIT ArlON
PlohllitT/R~spond~~lt
v.
KATHERINE MWETZEL,
O~timdallt/P~1ilioll~"
NO 117-4hlh Civil T~,.m
...:TITION TO MOUU'\' ('IIS'J'OI)Y
I, 11re petition of "ath~,inc 1\1. W~'lzcl. Oefendant/P~tilione', 'esp~l(tfull~ represellts Ihat 011
October 7, 191)7, 011 Order of ('OUlt was elllered for shared physical alld legol custody. 0 lrue ond correct
copy of which is ottached hereto alld marked Exhibit" A"
2, 11lis Order should be modifk>d because
la) PlaintitThas ullderlakell and perfonned the primary parental respOllsibilities for the child;
(b) PlaintitT is best able to provide the care alld lIurture which the child needs fC)r a heallhy
en vi rOlnnetlt;
(c) A Court Order of custody alld structured visitation is desired so that the PlaintitT and the child
may planlheir schedules accordingly. and so thatmisnnderstandings and nnmet e,~pectations regarding
custody and visitation can be avoided, and also so Ihatthe child is not used in a manipulative fashion;
(d) Petilioner desires to maintain the family household which has been established. and the
continued stabilily oflhe household is inlhe best interest oflhe child,
(e) RespOlldent's erralic alld abusive behavior poses a threat ofhann to Ihe child; and
It) RespOlldent frequentl~ abuses alcohol and is t1lerefore unreliable as custodian of tile child.
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CRAIG SClIILLlNG,
Plulntllr
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
lJ7.4ClICI
CIVIL ACTION LAW
KA 1llERINE M. WETZEL"
Delcndulll
IN CUSTODY
ORDF.lt OF COURT
AND NOW. Ihis /~ tl! duy of .J~ .4tunA,;,v . 2002.
UpOIl conside"lItlon of the uttllched Custody Conclllatloll Repor(. it is ordered IInd directed us follows:
1. A Heurillg is s~leduled in Court Room II~__ ----Ol-' of the Cumberlund Coullty
Court House on the /'r,'~ . duy of I., "."--,--,'.j!',LL.__~~~_'i.,5<I_: t~02, at which time testimollY
will be tuken. For purposes of the Hearing, the Mother, Kathcrine M. Wetzel. shall be deemed to be
the moving party und shall procecd initially with testimony. Counsel for the parties shall tile with the
Court and opposing counsel a Memorandum selling f(mh cach party's position on custody, a list of
witnesses who arc expected to testify at the Hearing, and a sUl11mary of the anticipatcd lestimony of
euch witncss. Thesc Mcmoranda shall be filed atleastlcn I I 0) days prior to the Ilearing date,
2. Pending further Order of Court, the custody provision of the August 23, 2002 Protection
From Abuse Order shall continue in effect as modified by this Ordcr. The custody provisions of this
Order shall supersede the Protection From Abusc provision to the extent of any inconsistencies.
3. The parties shall exchange custody of Brittany Marie Schilling on ahernating Mondays at
8:45 a.m. when the party relinquishing custody shalltranspol't the Child dircctly to school. In the event
there is no school on a Monday, the parties shall cxchangc custody at the Eat-N-Park restaurant,
Curl isle Pike, Carlisle, where the Mothcl shall remain inside the restaurant and the Father shall remain
in his car during the exchange, In the event the Child cannot attend school due 10 illness, the parellt
relinquishing custody shall contact Pam Blessing (or if she is unavailable, another third party adult)
who will make arrangements for exchange of custody to the other parcnt. If the custodial parent knows
in advance the Child will not be able to attend school on a Monday, that party shall contact the other
parellt using E-Mail to make arrlngements for the exchangc at the E"t-N-Park restaurant. When the
Father has custody, the Child shall contact the Mothcr by telephonc daily between 3:45 p.m. alld 4: 15
p.m. When the Mother has custody, the Child shall contact the Father by telephone preferably betwecII
3:45 p.m. alld 4: 15 p.m. hut at least on a daily basis, The calls under this provision shall be mude 10
both parties' cell phones.
4. The Mother shall have custody of the Child 011 Thanksgiving in 2002.
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CRAIG SCHILLING,
Plaintiff
IN 'rUE COlm'l' O~' CO'IMQN PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
va.
NO. 97-4616
CIVIL 'l'ERM
KATHERINE M. WETZ~L,
Defendant
CIVIL AC'l'ION - LAW
IN CUS'1'OO'i
AND -. th1.1~ ""7 "docr;:; (~ . ,
upon conl!lideration of t attac ed Custody Conc at on Report,
ordered and directed as follows I
1997,
it ia
1. The pdor Order of this Court dated August 28, 1997 is
vacated and replaced by this Order.
2. 'I'he Father, cl:'aig Schilling, and the Mother, Katherine M.
Wetzel, ahall have shared legal custody of Brittany Mal:'ie Schilling, born
February 23, 1997.
3. The pal:'ties shall shal:'e physical custody of the Child in
accordance with the following schedule:
A. The Fathel:' shall have physical custody of the Child on
alternating weekends, beginning octobel:' 3, 1997 fl:'om Friday
after daycare, (no lateI:' than 5:30 p.m.) until Monday, when
the Fathel:' shall I:'eturn the child to daycal:'e.
B. The Father shall have physical custody of the Child every
week from Tuesday aftel:' daycal:'e (no lateI:' than 5:30 p.m.)
until the following Thu.'sday moming when the Fathel:' shall
return the Child to daycare.
C. The Father shall be entitled to go to the Child's daycare
center or I:'emove the Child fl:'om daycal:'e dudng the Mother's
regular pel:'iods of custody, at anytime when the Fathel:' is not
working, fol:' the pUl:'pose of having an additional period of
custody with the Child. The Fathel:' shall retul:'n the Child to
the daycal:'e centel:' by 5:30 p.m. on the same day. In the
event the Mothel:' plans to I:'emove the Child from daycal:'e
dudng the Mothel:" s regulaI:' periodS of cllstody, the Mothel:'
shall notify the Fathel:' of hel:' intention in advance to avoid
a scheduling conflict under this pal:'agl:'aph.
D. The Mothel:' shall have physical custody of the Child at all
times not othel:'wise designated in this Ol:'der as the Father's
periods of custody.
4. The pal:'ties shall shal:'e or altemate having custody of the
Child on holidays as follows:
A. Chdstmas: 'l'he ~lothel:' shall have custody of the Child every
year from Chriatmaa Eve at 12:00 noon until Chriatmaa Day at
12:00 noon. The Father Shall have custody of the Child every
Yltar from Chriatmaa Day at 12:00 noon until December 27 at
l2:00 noon. 'l'he parties agree to review the Chriatmas
holiday arrangements aa the child gets older and cooperate in
making any necessary adjustments.
B. Thanksgiving: 'l'he Thanksgiving holiday shall begin on the
Wednesoay before Thanksgiving at 5:00 p.m. and shall end on
the following Tuesday morning, when thG custodial party shall
take the Child to daycare. The Father shall have cuatody of
the Child over the Thanksgiving holiday in odd numbered yeara
and the Mothel:' shall have custody of the Child over the
Thanksgiving holiday in even numbered years.
c. Easter I The Easter holiday shall begin on the Friday before
Eaater after daycare and shall end on the following Monday
morning when the custodial pat'ty shall take the Child to
daycare. 'l'he tlother shall have custody of the Child over the
Eaater holiday in ev.m numbel:'ed years and the Father shall
have cuatody of. t~.e Child over the Easter holiday in odd
numbered years.
D. Alternating Holidalls: The pal:'ties shall alternate having
custody of the child on the following holidays, beginning
with the Father having custody of the Child on New Years Day
in 1998: New Years, the Child's birthday (Februat'y 23),
Memorial Day, July 4th, and Labol:' Day. With the exception of
the child's birthday, the holiday pedod shall, begin at 5:00
p.m. on the day before the holiday and end at 7:00 p.m. on
the holiday, unless the day following the holiday is a
regular daycare day in which case the party with holiday
custody shall retain custody and retur.n the Child to daycare
the following day. In the event the day following the
holiday is also a regular period of custody for the party
with holiday custody, that party shall retain cuatody of the
Child through the end of the regulaI:' period of custody. The
party who does not have custody of the Child on her birthday
under this provision, shall have a period of custody on
l!i ther the day before or the day aftel:' the Child's bil:'thday,
at that pal:'ty's option.
E. Mother's Day/Fathel:"s Day: The Mothel:' shall have custody of
the Child every year on Mother's Day fl:'om 9:00 a.m. until the
following Monday morning when the Mothel:' ahall return the
Child to daycare. The Fathel:' shall have custody of the Child
every yeaI:' on Father's Day from 9:00 a.m. until the fOllcwing
Monday moming when the Fathel:' ahall retum the Child to
daycare.
F. In the event of a conflict between the regular and the
holiday custody schedules, the holiday custody schedule shall
take precedence.
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l \~p'\I\b1'llIlIlI\t(\~U"III,I) IIIHI lilt:' 'dJ~'1 r III \ll~'1'1 1.. I'I'J,'
CRAIO SCHllLlNO. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V8.
NO. 97. CIVIL TERM
CIVIL ACTION. CUSTODY
IN CUSTODY
KATHERINE M. WETZEL.
Delendant
COMfl8J.NIEOa.C.u..S.IODY
1, The Plaintiff Is CRAIG SCHILLING, residing at 128 Meals Drive, Carlisle, Cumberland
County, Pennsylvania 17013,
2, The Defendant Is KATHERINE M. WETZEL, residing at unknown location.
3, The Plaintiff seeks custody of Brittany Marie Shilling, born February 23, 1997, residing
at an unknown location.
The child was born out of wedlock,
The child is presently In the custody of KATHERINE M. WETZEL, who resides at an
unknown location,
During the past five years, the child 11as resided with the following persons and at the
following addresses; Craig Schilling and Katherine M. Wetzel and her son, Donovan, at 128 Meals
Drive, Carlisle, Cumberland County, Pennsylvania, from birth to August 21, 1997.
The mother of the child Is KATHERINE M, WETZEL, currently residing at an unknown
location, She Is divorced.
The father of the child is CRAIG SCHILLING, currently residing at 128 Meals Drive, Carlisle,
Cumberland County, Pennsylvania. He is single,
4, The relationship of the Plaintiff to the child is that of Father, The Plaintiff currently
resides with no other person.
.: \\l'lI.~I\"dlllhnlL\fll"lllJ) Lilli! Ilk '~,I]Vnlll ,\ultl'~1 JILll"!1
5, The relationship 01 the Defendant to the child is that 01 Mother. The Defendant
currently resides with her grandparents whose names and address are unknown.
6. Plaintiff has not participated as II party or witness, 01' In any other capacity in other
litigation concerning the custody of the child in thiS or another jurisdiction.
7, The Plaintiff has no Information of a custody proceeding concerning the child pending
In a court of the Commonwealth.
8, The Plaintiff does not know 01 a person not a party to the proceedings who has
physical custody 01 the child or claims to have custody or visitation rights with respect to the child.
g, The best interest and permanent welfare of the child will be served by granting the
rellel requested because:
a) The PlalntIH can best provide lor the physical and emotional
needs 01 child.
b) Since birth, Plaintiff has been the primary caretaker of child.
10. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody 01 the child has been named as parties to this action.
WHEREFORE, the Plaintiff requests this Court to grant primary phYSical custody olthe child
to the Plaintiff,
FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C.
Attorneys for PlalnliH
By:
Date:~~1fl7
arol J.ndsay, Esquire
10 # 446 3
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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Page I of I
SUbJ: REI Nul weekend
Dole: 7f2112002 4:26:03 PM EAslum Doyllghl Tlmo
From: Iml@pnllol
To: Kll1y17f09@llol.~01ll
Sonl from If/ofn/omel (DollIl/s)
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Il' will ~onllrlllo 10 cony on In lilY 1110 os I olwoys hOVe, You may call1he pollee It you like, I heve nol broken any
ff0~ lows. Ompplng Iho ctllldron's bolonolrl0s olt at your I10USO. whon you 1110 not thoro, In broud doyllght und wllh the
~/ chlldron. Is notlllQgol
YOII IIAVO nol puld $10000 por wook und you 11I0 oIJII(Jnt~d for Iho $80 00 tlHlI YOll vo/bully uglOod 10 PIlY 10/
B,jlluny II you wOllld Ilko 10 do sonlollll110 dlllOlOllllll Iho hllllfO, thulls your e/IOICO MoO is 1101 Ollf nJOssoIIO<H,
sho hus boon kind 01101l0h 10 wale/llho child/un lor us
Our logolllg/001110111 ollly slIya Ih"lllIIual ollot Iho child/on 10 YOll If I UI11 going to huvo u bubySlllo' II dooa 110t
aAY I 011I roqulrod 10 tull YOll who or whor~ Ihoy will bo You could 110lhovo wotchod 1110 clllldron, lIa yeJU hAd to
work, so Ihe poll1lla l11ulo. Aglll 11 , If you would IIko 10 plltUl/O legul ucllol1 ooolllall11o, 1001 Iroo II will bo 0 woslo
01 your 1II0noy,
You allll hovo not IIddrossod how you ora oolnolo nll1l10go to PAY tho bolanco 01 your finAncial obllgalion for the
chlldron by Iho and 01 tho 1110nlh. Wilhoutlhal monoy I will nol bu oblo 10 pay my bills IInoedslo bo paid by the
ond of the morr01
As lor next woekond, I will rrood 10 pick tho chlldlOnup frolll you Saturday morning oorly. Plooso lolme know
how wo will hondlo Ilml
Tho chlldronhovo nol naked 10 conloel you 1111 weekond I brol,lghlll up mound oround 911m Ihls mornlno and
nellher ono of II10m wonlod 10 cII11. I p/ompled II10m Inler on to cnll. Thoy seem 10 be conlent 10 nottlllk to the
other poronl. Iflhey oxpr06S Iho (jeslro 10 cII1I1 will hllvo Ihom do 60.
.....Orlglnal Message.....
From: Kllty17109@aol.com [mallto:KItty17109@aol,com]
SentI Saturday, July 20, 20029:03 PM
To: Iml@pa,net
SUbJect! Re: Next weekend
You stili hove not told me why thlng6 will Increase by $200. I will double check what I have paid you but I
have given you $100,00 each woek 51nce Mag began to walch the children so I know for 0 feci thaI I em
ClJlTent whare she Is concemed. As far es tailing each other aboul boby.lIllters, Ills In our LEGAL
agreemanl thaI wo are to ask tho othor parenl first It U10Y are evallable 10 watch tho chlldron, so If you don't
wenlto be slappad with conlempt of your LEGAL agraement and ftnd yourself In court you will conUnue 10
let me know when you need a sitter, I will not be giving you money for her IRA eccounl, es I said I em
opanlng en account on my own for her. As far as swllchlng Weekends, I will tell Ashley Ihat you will bring
the dllldren here by 4: f 5, I will be leaving at 4:00 50 pleese well until around 4: 15. Also you continue to
come to my house;OON7111 If you hove something of mine you can give. It to meg.to~ropiOtf on MOnday.
The poIIce-haveJold .YOuto:at.ev-y.w\less.vou..aredropplng or plcldng up, the chlklren;" am to am'thell)
If you do nOlltay BWay,.1IO please consldertillus you ftnelwamlng. The next time I will call. As far as
Mondey Is concerned ere you planning on koop/ng Donovan? Please let me know,
M<-j
!.J..C\; \
1-
-\-0 h, fJ,
DEFENDANT'S
EXHIBIT
)tyh
Thursday, August 01, 2002 America Online: Killy 171 09
'h,r; ;'U U:' UU t !:i(Ja
f'C[}I~IH' III
'/1'1 ;1..0 '/lIi'l fJ. I
PULlCh
CRIMINAL COMPLAINT
\ '\IM:.!' lNWEAI.'l'Il 01' I'ENNSYLV ANIA
uWNT',' 'Jlo' OUlu.1el'l.:u;d
'11,,,,,1 CI",'cl ~"'O!fl U~-2-01
I..t.-let Mltlclf NlftWllta1, Paula P. Corrt2al
Un.....1I1 1 (ol1.l~hoU!tc Square
corllSlc Po. 1701300
COMMONWEM:I'H lW 1'~:NNSYl.v^NIA
VH,
t,il1jllJ"N1
('/l'l) ~,10-6"64
DE1o'f:NLJANT,
r- awe SOlILt,IW;
6 ClIFOINAJ.. DR
CARLISLE PA 17013
h""'1: .,"" ,\COttIU
..,
Lloclwl No.: Ck-415-02
Dllto Filml, 7-26-02
TN, t...\'2.~-'53-2.
l
L
.J
~i!..\.i.iItl. ~l/ftMIl;lly
IlJWllt. [1 MIll" OOlock
o 1IlllprllC 0 N.tl..... M~ticQ'l 0 l.tWnn
.ftY'dr't'5 ".k,A.
. .!!.'d:rotll kK e e-d:rttl, ,.B, I1f
~ ~~l' 10/25/1955 177'4~-n5j
lJO' ,t'.~ic;l" Inormatall
PIOl.l/IIIIltr Stott 11091'1"11'" SllcktrlM'./m
t's l>>o; ol ~ ty Nuttltr
\ O.6\~.'t'l-3
q It'K\Y\tl,, 01' wrls l~lbH-
UM:O
Ca,,:lelntllnehja,t Nultx,. a nt/lrJ:ic t
02-002275
lJ\~trtct Attorney'. Ornee 0 Approved I-i Di.lipprowd he~lI\1"e' MHS 02-009-A . -..--
~'hlr dilitr'lct OttOl1"ll!'Y nuy rlXJJltV Uiilt the CQIPlatnt,~t IoQrrMt affhkJ\llt, cr b>tl1 be IWT,M)j l1t the uttomry for ttlt COntP'W.'Ul\h fJl19I' to
tlllrlJ Po.R,Cr.P. 107,)
(Nate or Attormy for r.:anlk7WJQllh . PleG$t PrInt or T'rfXl(
I, P'I1J.lN DENNl S S'IU>!
(NG'fW of AffliJlt'Pl... Print' or t)'POJ
or 'o~-h 'ddleton TOWTlshi P<lli<"'",
(ld.:rItl OqJQr!im.Y\t or hp'J.y I(~ted Po t cal SUx:J v s l;n)
do hurijlJy 'I.lIle:(ehe~k the ~I'pruprialu LUll)
-rsl(J"'WItl.N of AttOtrO'Y fOl' eo;l!~_.-m_'"- (UDtO)
26-7 _
10tll'or il<<Jvo ItJJ1:>trII.D,)
~
(Pollco ~ au JrllIrbrr)
lOr glNll~ caa.I/.I1tlerIOCA))
L Il!I J a~cuse the ubove named defelldant, who Hves III the lIddre~s set forth IiIJ0ve
o 11I<~\I6e all dorondunt who~o nlimo Is 11Ilknown to Ill. but who i. dus~libed ""
[J 1 a~~ose the defendant whoso nlime and pepUlar designation or wcknume is onknllwH lv me and whollll have
theretore deSIgnated as John 000
with violating the pennllllws of tho Commonwoalth of Pennsylvlinla lit 210 MARlal AVE
NOR'Ul MIDDU;rc:N ~Sh'11? IPlllwPollllal &..b:Jlvl.lul)
in cumberland Counly un or about JULY 26. 2002 0002H1lS
PsrticipllnL. woro: (if there were participants, phlr.e thair nnmes here, repeuting the name of the above defendant)
_...ili.1\,JY..5_Q:ln.t.m! __
~. The acls commilted by lha Iieeused were:
(Sr-t forth" 1U1Il11i1'Y 0' the foc\1 $lJftic;lcnt to advfae the def~t Qf th~ rdt~ of the: off~ dlo~. ^ c:.ihticn to the atlltutll' Illl9Qdly vla{ltcej
wlth<.lJt 1ll;1r\I, f.. Nt wffleimt, In It wmwy tolIW, )'Q.J "U$t tit. the 1lpIClfle uetiO'l m l4.al,'Ctlm of t"~ stotlltft IJr ordlhlln:t allcga:j[v violated,)
rNTERCEPrICN, DrSCLDSURJ:; 01{ USE OF WIRE, ELEI.:'IRCNIC OR ORAL CCl'MJNICATICNS
PA rn[MFS mm: !;FX'~I<~ S'I01 (1) [0'-3
IN 'l1iAT CN 01{ AOOIJ!' SAlU L:P;1'C:, 'Uili lJEFWDI\NT, DID INrENrICNALLY INI'ERCEPT,
ENOFAVOR ro INl'ERCEPl" OR PRiX.'UPE ANY Ol'HER PERSON '1D INl'ERCEPT OR ENOE:AVOR 'l\)
INrERCEPr Wi WIRE, ELECI'RCNIC OR ORAL c:cM'1UNICATICN, ro WIT; 'mE CEFENDANT Oil;
ATTEMPI' TO INTERCEPI' AND DIn INIERCEPr TELEPHalE CALlS OF A lX'JE K1\nlERINE WETZEL
IJS IN3 ^ TAPE REOORDER c:;a.lNECI'ED TO HER TE:LEPIlCNE LINE.
OUMINAL TRESPASS PA CRIMES COOB SECI'ICN 3S03 (b) (1) (i) M-3
DEFENDANT'S
EXHIBIT
'" 1\
o
rN 'THAT, on or al:Ollt said d"t" , TIIF DEF'ENlW1r, knOl'ling that he '"ns not licensed or
It(JJ( t.1Z.(/.;'i6Hlnt.n"W)f VOralQ"l) I.:J
nUt 2U U2 USI~U8 PCONNlHl
, IConllllll"I.OIl ol'~,)
'I;.,,",..;; N.m. 'AA;~ '~m"";' -. _ -II
Do,kot Numbn:
privileged to do so, did enter Ot' t-el1\lll1 111 III place all tG ....111dl notice llgaillBt
ttliJepBSB wal:! 'i:JiVlell by actUAl a::.nmJrucation to the o.ctUt', t-.e; WIt; dJ.d enter thJ!:l
property at 210 MARICN AVE after he ....'al3 ,~dvised RIJa i Imt tresp:lBu lng by the llOil:!id~lt,
1<A'I}lERtNF. WF.n'?.EL J\ND OFFIa;;R t'ln'liR CJISllE OF '!lIE N:.J1,111 Mlr.lJlJ-:l,,'N 'lU'INSIIT P KJl.l(E
fJj,;I'AR'IMJ:l'lT ,
'/1'/ ;'~LJ' '/11;'1
D "
,-, '-
POLICE
ClUMINAL COMPLAINT
WI'rnROO MTI PROIILIl'l; />i1' NLGHr TI~IE I?A croJIIF.S (WE S8Cl'ION 5506 1>1-3
IN 'l'HJ>il', on or about snid date, at night t.ill," , niE PEfENOANr did lIalictOUl'lly
loiter and/or prowl "mllIYl 1\ l~ll ing hrlllflfl or place UBed wholly or in part for
living cr dwelling puxpcses, l"l8!mly, 21V MARICN AVE IN ~'nl MlOOLE.'l'<:N 'lUr'l'NSILII',
belonging to or occupied by l<A'IHI::lUNr:; WSl"A::L, in violation of Se\;l,;iull 515015 of t.he 1"1\
CdlMs Code, (18 P,S. 5506 - Misd, 3rdo)
all of whlcn woro against tne peaceand dlllnlty of the Commonwaulth or Pennsylvania and contrlll)' to tha Act
of Assembly, or In violation of " 5703 1 of .ho PA Crimes Code 1
(Secllon) (Gub'Soellon) (PA Gt.tutol l,oun'l)
(Sectlof1) (Sub~5ec:tlon) CPA 5teuutt) (~u~.;\;)
3. I ask that a wllrrant of urrast or a summons be lasued and that tho dc(cndallt bc rU'lulrcd to IIl1SWer tho charMus
I hdavo made. (In ordor (or a warrant of al'l'Cllt to isauo, the attachlld IIffldavit of Jlmbablu OIUNU muat hc '!fllnJllnlnd
an sworn to betoru the Issuing authority. .
4. 1 verify thut the fact.s Get forth in this cOl)1plaint lire true ~nd correct to tho beH!. of my k'\IJwlo.IIlII tJr In(ormal.lllll
and beUef, This verification Is made subject to the pOllll11les of Sect!')ll 490,1.)1' tlw Cl'lnWB t:odol Itll'A l' H
14904) relating to unsworn falsificallolllo authorities. . ,..
. /1 ./
a, / .:l 6 , ~c"z 6t't{ ~~II,;~ -
t7 '1' -- CSlllmuynSr rI'T1hO'. --_._--
AND NOW, on this date
completed and verilied. 1\11 uJllullVlt ot prolJalJle causo must
2, 3503 (bl (1) (il of thll l?A CrilT'eS Code 1
cStetlon) (Sub-Stetlon) ----CPA Stltut"----- (,.....!I)
3, 5506 of Cht I?A CRIMPS CCOF. ._...L..
(Gtc.lon) (Sub-Soc.lon) IPA HOluto) (coynt,)
4, Of tho
O?-3 -03
(Me9Ist~rle~ Ol,trlct)
"ope 1,12-u./96)(Int.,rnut VQr81Qn)
alW.
~.:l
rtlJt ;_)U U;' Uti t n I It
I'C{jI~I~I' HI.
'II 'I ;,~ (J . '111;' I
1'" :1
[)Ol..'kllt N\lIII\)I.II':
~",~"""',r';'. .".~.~I
POLlCE
CRIMINAL COMPLAINT
'... -,- --. ,~
Dcfcndant Name,
AFFIDA VIr or PROBABLE CAUSE
comp,/Inc, No, 02-002275
ctl JlJL., 14, 2002";1' APPROXIMl\TELY 1'-: 5,Il\f\I, i<A'IHF:RINE W81'ZEI, llEroRTm 110 O/i'FICEH
CJ\S1.1E OF' 'ffiE NOR'll{ MIDPLEKtl 'lGlNSHIP POLICE PEPAR'lMENl' TI1i'\T SHE HAD JUs1' SEEN A
I?ROWLEH '1'0 'UIE REAl, OF HER HBSID~CE AT 210 Ml\IUeN AVE, OFrIa;t, CAG1'LE l<E:Slx:tIDED '1'0
'ffiE SCEl\'E AND OBSERVED A VOUCLE LEAVING 'HlE l\RE'A WL'l'HClJl' ITS LIGlrrS ON, OfHa::R
G\STLE Wl\S t'JJ1' ABLE TD CATCH 'tHE VEHlCLF:, UfU'l SPEAKING WI'lH NETZEL, SHE REPOR1ID
'tHAT THE PRCWLER MAY HAVE BEEN' HER E)(-EOYF'RIENJ, a~IG sa-rrLLIm, CASTLE TI?.illPlICNt:Il
SOlILLING WHO DENIED BEING AT 210 ~1AlUCN AVE, ";1' WE:rZEL'S REJOUEsr, CJ\STLE G/WE
SOULLING l'KJI'ICE AGAINST TRESPASSIN8 CN HER J?ROPE:Rl"i N1' 210 MARlctl AVE.
CN JULY l'I, 2002 />il' l\.PPROXlMl\IUY 10, OGlIM rATI1EIUNf; \'/f:r~ REroR'I'ED 110 OE'FICER
KIBLrn OF 'mE !\IORTIl MTDf)[PIU>J 1Th'NSHTP FeLTCE DEFAR'IMENT TIJA'l' SHE HAD DISOOVE:ru'D A
NEW TELEPHO\'E WIFiE 'ro THE RFAR OF HER HOUSE, THE WIRE W1\S 0CNNEcrED '10 HER TELEPHONE
S'l5'TfM IN HER BASEl'lENI' AND WEN1' 1HROlJ.lH TliE WALL '1'0 TI-lE REAR OF' HER HOUSt:;,
ON .TIJLY 25, 2002 AT 9: 4r:;W. VATIlFRINE WE.'I"2F.T. RF:P0R'T'FD 'm OFFICER HIMES OF TI.lE
NOR'IH MlOOLEra; roLlCE DEPAR'IMENl' l1lAT TIlERE WAS A RID Bl\CKPACK 'TO TIlE lWIR OF HER
HOOS8 AND 'UWl' 'lHJ:: NI:.W '1'l::LBPHON8 WlHE WN:; WING lNl'D 110:; PACK, 1 WN:; (U'ITACrED BY
CPL ANOERSCll 'l'J Iffi.SlUID '10 TIlE scnn:;;,
I ARRIVEC AT 210 MARIeN AVE AT 10: 26Ft>! WHERE I OBSERVED A RED Bl\CKPACI< TO 'IHE
RFAR OF 'mE RESIDENCE, A n;;u:PI.I<l'lE WIRE WAS CCMING our OF 'IHE PACK AND WEm' '11lR0lJ3H
THE RE'AA B/lSEMEN1' ~ll\LL, I orENEll 'TIlE PACK 1IND OBSERVED A BLACK GE 'l1IPE RECORDER
INSIDE cx:tfrJOC'IID TO TIlE 'I'ELE1?1lct<E WIRE, AT 10 :31m I CALLED KA'TIlERINE WEl.'ZEL'S
TELEPHONE NliMI3ER USIN3 A CELLtJIAR PIlCl'lE. TIlE PHONE WA.S ANSWF.RFTl BY A MACHINE. l>:r
THE SAME TIME '!lIE ANSWERINO MAa-u:NE Cl\ME CN, X OBSERVED TIrn: '!APE ro,,"OORDER 'J:\JRN CN,
AT 1l:20fM I AGAI:N CALLED 1<AlliERJNE WE.'l'ZEL'S 'l'ELEPHOOE NLMBER, 'ntIS TIME WLrrZEL
I\l'ISWERED TI-lE PHO\'E I\ND WE HAD A BRIEF CXNVERSATICN,
ON JULY 25, 2002 AT IIPPRCXIMA'mTN 11: 30FM I SEIZED TI 0:: TAPE ITh'CDRDED IN 'lliE
ElP.CKPACK AtJ:NJ WITH WHAT I\PPE'ARED '1'0 BE A CALLER ID DEVICE, AFTER \'itlIrn I STAYED AND
Wl\:rcHED 1HE REAR OF 21 0 M1\RIeN AVE,
CN JULY 26, 2002 AT l\.PPROXIMATELY 12: 02AM I OBSERVED A WHITE MALE WALK TO 'l!iE
fillAR OF 210 MArUOO AVf::, KNEEL AT TIO:; J::ACK PACK I\ND OPeN IT UP. r TOOK 'IHE SUSPOCT
INTO CUSTODY, HE WAS IDCNTIFIED AS mAlG SOilLLIm, SCHILLIN3 WAS TRlINSroR'IED TO
'ffiE NORm MIDDLETC!'l '!WP KiLIC8 SJ1\TlCN,
eN JULY 26, 2002 AT 12 :fi4AM, WHILE AT THF. roLICE STATICN, I ADVISED SOlILLING OF
HIS M,1RJ\NDi\ RIGlfrs, SCHlLLIN:J AGREED '10 TALK AOOlIT 'il-lE INCIDENr.
SOUI.Lrn3 1\r:M1'ITFIl 'lllAT HE WAS 'lOLD BY AN OFFICER LAST WEEK THAT HE \'lAS mr m m '10
I,__l'rll>\Nu.DU\N.Is S'l1..'M , DEING DULY SWORN ACCOIUllNG TO
LAW, DEPOS~: AND SAY THAT THE FACTS SET ~'OIlTH IN Tim FOIumorNG A~'~'lDA Vl1' ARE
TUUE AND COlillECT TO TlIE DEST OF MY KNOWIMDGE, INI:'OltMATION AND BELIEF.
..~ J~ur.~~nl1
// -----,_.
, D1~trict Justice
SEAl.
AOfJC 412-(4/96)( Int~rnQt VcrGion)
;Ll
.
1 Whereupon, CRAIG SCHILLING, having been
2 duly sworn, testified as followsl
3 DIRECT EXAMINATION
4 BY MR, CUTLER I
5 0 State your name for the record?
6 A Craig Schilling,
7 0 And could you spell that for the court
8 reporter, please?
9 A C-r-a-i-g, s-c-h-i-l-l-i-n-g.
10 Q And, Mr. Schilling, I am going to take you
11 back to 1997. During that time frame did you file a
12 custody action regarding Brittany?
13 A Yes, I think I did.
14 Q And with that custody action what were you
15 seeking tb achieve?
16 A Protection for my daughter being taken from
17 me whenever Ms, Wetzel felt like doing that.
lB Q So obviously you filed this action because
19 it was your daughter?
20 A I was under the impression -- I had
21 questions about the paternity of my daughter the entire
22 time we were together, It did not make any sense
23 date-wise, We had been struggling in our relationship,
24 from the beginning of our relationship, It was not a good
25 relationship. I had told Kitty I was go~ng to get out of
2
1 the relationship, and a month later came back and told me
2 Ilhe Willi pregnant.
3 Q But you Were confident enough that Brittany
4 wall your daughter that you went to the trouble to file a
5 cUlltody complaint though, ill that right?
6 A No. no, I mean, I love Donovan too. I
7 filed for custody of Donovan. He is not my biological son.
a I love Brittany, If it had came back that Brittany wasn't
9 my daughter. I would love Brittany anyhow, It would have
lO been incredibly devastating to find that out because I had
II been lied to for five years. But it doesn't make me love
12 them any less, And it doesn't make me love Donovan any
13 less. That's why we filed for custody of Donovan, And
14 Donovan is not my biological son,
15 Q When did you file for custody of Donovan?
16 A I am not sure. Michael?
17 MR, HANFT: I don't have that here. It is
1a filed with the Court Administrator's Office.
19 BY MR. CUTLERl
20 Q Now, you heard Ms. Wetzel testify about some
21 of your conduct --
22 A Is it okay if I get my legal pad and my
23 water?
24 THE COURT I Sure.
25 THE WITNESS: Thanks.
3
1 BY MR, CUTL~RI
2 Q Now, you have hea~d Ms. Wetzel testify about
3 you~ ~elationship and about some of the things that
.. happened. Did you on any occasion eve~ follow MS. Wetzel
5 to dete~mine her whereabouts?
6 A No,
7 Q Was the~e eve~ a time that you left the
8 child~en alone to follow Ms, Wetzel?
9 A Not tu follow her, but, yes, ! did leave the
10 child~en alone at my house, yes.
II Q And if there was anybody to ever testify
12 that in fact they saw you at a bar when YOll had custody
13 A I did go to the bar. yes. I didn't follow
14 her there. She was there, I did go to that bar that
15 night I yes. And my children were in the house that night
16 alone. Absolutely. That's true.
17 Q You had no indication that Ms, Wetzel was at
18 that bar at that time?
19 A Sure I did, She called me on the phone and
20 told me she was going there.
21 Q And you then -- well, when did she tell you
22 that?
23 A When she was sitting at the bar. She called
24 me on her cell phone from the bar,
25 Q Where were you when you answered that phone
4
1 call ?
2 A At my house.
3 0 Okay. And then you left your house where
4 the children were?
5
6
'7
6
9
10
11
12
13
14
15
16
17
18
19
20
2l
22
23
24
25
A That's correct.
0 To go to the bar where Ms. Wetzel WIlS?
A That's correct.
9 But you didn I t go there to check up on her?
A No, I did. Absolutely, Yes. I didn't
follow her there. You asked me if I followed her. I did
not get in my car and drive behind her to go to the same
bar. She was at the bar. That's where she told me she was
going. I left the children in the house. I got in
my -- I think I was in the Honda that night. I drove my
car over there, absolutely.
o And how long were you at the bar?
A Five minutes.
o And--
A I walked into the .bar I actually walked
up in through the front door, walked up to where the bar
was, looked inside. Ketha, I think, saw me immediately, I
went right back out to my car, got in my car and drove
home.
o And Ketha is who?
A Ketha was Brittany's teacher at Fabulous
5
1 F~ogs and wo~ked with Kitty at Little John's.
2 0 And why did you go to the bar?
3 A Ms. Wet~el had told me .. when we first got
4 back together this time she had told me the weekend that
5 she went away that ahe was with her girlfrienda or with
6 J. R. 's brother or boyfriend or something, and that IIhe had
7 come home for the weekend, And I knew she hadn't, I had
8 been by the house. She hadn't been home. So I knew she
9 had lied to me about that.
10 When she told me she was going to the bar
11 that night I figured she was seeing somebody from Little
12 John's. That's why I went there,
13 0 Now, you heard her testify as to following
14 her when she lived out by the Giant?
15 A No. She didn't testify that I followed her,
16 no. I didn't hear that testimony. What I heard her
17 testify to is my car was parked in the parking lot.
18 0 And was there a time when you would park in
19 the Giant parking lot to observe Ms. Wetzel's house?
20 A Yes, there is.
21 0 And how many times did you do that?
22 A Once.
23 0 And then when she lived out in Mt. Ho\ly
24 Springs did you ever park out there to observe her house? '
25 A No, I did not,
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1B
, 19
20
21
22
23
24
25
Q HoW did you know then that a police officer
had stopped by her house to talk with her?
A I don't have any idea, I don't remember the
conversation.
Q Now, this last incident where you were
talking about Ketha Ranck. Do you remember the date and
the year of that incident?
A No.
o Was it this year, was it March?
A I would think it was March, yes. That's
when ~e first started to talk again, March or April.
o And then that particular night is when Ms.
Wetzel went back -- followed you back to your house, and
you had a confrontation, is that right?
A No. We didn't have a confrontation, no. We
had a conversation. She came back to the house. I sat
there and cried. I told her I was heartbroken. We weren't
together. Our family wasn't together. That broke my
heart. And she was kind and considerate, she was. She
spent the night at the house with me. She slept on the
floor. It was kind of strange. I hadn't been around her
for eight months. It was like being with a stranger.
Q Now, was it shortly after this that Ms.
Wetzel cut her wrists or her wrist?
A It was probably two weeks later I think, a
7
1 week later I a qO\lple of days later. I don't remember
2 exactly, It was right around that 'same time, yes.
3 Q And when that happened did Ms. Wetzel give
4 you permission to go in her house?
5 A Yes, she did.
6 Q And did she give you a key to go into the
7 house?
B A Yes, she did.
9 Q And did you enter the house?
lO A Yes, I did.
II Q And while you were in the house did you go
12 through her bills, et cetera? Did you get information
l3 to --
l4 A What she was doing, yes, I did.
15 Q And did you set up on-li.ne accounts to
16 monitor her telephone and cell phone records?
17
lB
19
20
21
22
23
24
25
Not at that time, no.
And when did you do that?
I don't remember.
A
Q
A
Q Was it before or after March?
A Afterwards.
Q Now, at that time did you set up any,
telephone wires in the house to be able to intercept Ms.
Wet?el's phone calls?
A We will plead the 5th.
B
1
2
3
4
6
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
o Now, in approximately July of 2002 you and
Ms. Wetzel were starting to have more problems, is that
correct?
A Not anymore than normal, I mesn, the
relationship has never been good, never, And Ms. Wetzel
has come and gone ten, fifteen times, Sent me emails
saying I am done, my li~e is better, and then has come back
again.
o Now, on approximately July 12th did you
continue to call Ms. Wetzel approximately forty times?
A I don't have any idea what day July l2th is.
And would I have called her forty times during the day, I
may have. I could call ten times in a day, Generally when
we split I will call and talk to the children a lot.
That's a really hard time for me, So I will call and talk
to the children, And there are times I will call and talk
to her. But honestly I don't count my phone calls,
o Approximately two days later were you on Ms.
Wetzel's property digging a hole at approximately l2130
a.m.?
A We will plead the 5th.
o On July 14th, at approximately 12130 a.m.,
were the children with Ms. Wetzel?
A I don't have any idea.
o And why were you dtgging a hole on Ms.
9
1 Wet~el's property?
;2 A I neve/:, said that I did.
3 0 Now, on or about July 20th did you go to Ms.
4 Wet~el's house to drop off clothes?
5 A I don't have any idea what July 20th is.
6 Are you talking about the emaU, the day where I dropped
7 the things bff and I responded to the emaU that I am going
8 to continue to do the things I did before?
9 0 That's correct.
10 A Yes. I don't know what day that was, but
11 absolutely. In my house, I have a five bedroom house. And
12 Donovan and Brittany wanted to move into the bedroom
13 downstairs. It was big enough for both of them. It is a
14 room we haven't used, I have been there for two years
15 rebuilding the house. Down there we store all kinds of
16 things we never used, In cleaning the room out to carpet
17 it -- it is not carpeted. It wasn't painted, It was
18 nothing. In order to clean it out, I started digging
19 through the things, and there was a play hut that was
20 Kitty's that I think the grandparents gave to the kids and
21 some other toys there that weren't mine that belonged at
22 Kitty'S house,
23 So just like I would have done any other
24 time, I put them in the minivan with me, with the children,
25 in broad daylight, 1100 or 2:00 in the afternoon, drove
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them to the house, just like any other time, put them on
the front porch, just like any other time, and drove away.
And my email was exactly that, I am not
breaking the law, Just like any other time, if I have
things that belong to the children, I will bring them back
over. And I did it in broad daylight with my children with
me. And my response was that's not against the law.
Q Did the police tell you on approximately
July 14th not to come over to Ms. Wetzel's house?
A Unless it had something to do with the
children, yes.
Q And you said that particular day, July 20th,
when you dropped the children of f, that you weren I t doing ,
anything illegal?
A I wasn't dropping the children off. The
children were in my company, And I was dropping their
things off at Ms. Wetzells house.
Q And you weren't doing that just to try to
annoy Ms, Wetzel?
A No, I wasn't thinking about Ms. Wetzel at
all.
Q And you said you weren't breaking the law
that day. Did you break the law any other day with regard
to Ms. Wetzel?
A We will plead the 5th,
11
1 0 And then on approximately July 25th, into
2 the morning of the 26th, were you at Me. Wetzel' a houae?
3 A I don't have any idea what day that is,
4 0 A day or two prior to your arreat were you
5 in th$ vi~inity of Ma, Wetzel's houae?
6 A I don't know,
7 0 A few days prior to your arrest did you have
8 a backpack and hook it up to a telephone wire at Ms.
9 Wetzel's house?
10 A I will plead the 5th.
II 0 A few days prior did you sneak through the
12 woods to surreptitiously but a backpack hooked up to a
13 telephone wire at Ms, Wetzel's house?
14 A I plead the 5th.
15 0 And then the day of your arrest you
16 obviously were at Ms. Wetzel's house, is that correct?
17 A That's correct.
18 0, And were the children there?
19 A I don't know,
20 MR. CUTLER: Your Honor, I think counsel for
21 Mr. Schilling is going to stipulate to these, Esse~tially
22 what I have here is the charging documents, the police
23 criminal complaint, aff idavit of probable cause, We are
24 just going to submit these to prove that in fact Mr. Wetzel
25 was charged --
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MR. HANFT I Mr, schilling.
MR, CUT~ERI I am sorry. Mr. Schilling. I
will get it right here before the end of the day.
THE WITNFoSSI It i$ an honest mistake.
That's okay,
MR. CUT~ERI
And I also have the bail
And I have one question for
release conditions as well.
Mr. Schilling on that,
MR. HANFT I Your Honor, there is no doubt
that the documents are what they are, Mr. Schilling,has
certainly been charged, He has not been convicted nor has
he pled guilty to any of the charges.
THE COURT I Though I felt like we
practically tried that case.
BY MR. CUTLER I
o Now, Mr, Schilling, I have what's been
marked as Defendant's Exhibit H, Can you tell me what that
is?
A No, I can't,
0 Does this say bail release conditions?
A I can't tell. The top of it is cut off from
. whoever made the copy.
o
A
o
What does this caption here say?
What's the caption?
This here, What does it say?
13
1 MR. HANFT I Your Honor, the doclIment apeaka
2 for itaelf,
3 THE COURT I Yea, And he apparently appeara
4 leu qualified to interpret the document than anybody in
5 the courtroom,
6 BY MR, CUTLER I
7 0 Aa part of your releaae did you have any
8 conditions regarding how YOll would contact Ms. Wetzel?
9 A No contact at all -- I think. I am pretty
10 sure. I think aa Mrs. Day said.
11 0 So this would be correct here, absolutely no
12 contact with victim whatsoever?
13 A I don't know what this is, so I don't know
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1B
19 A I don't remember what Ms. Day said, They,
20 said I had to post $10,000.00 bail. I said at the time
21 that I was twenty years in the area, I certainly wasn't
22 going any place. I was nine years in business. It seemed
23 unreasonable. And what Ms, Day said was she was going to
24 post $10,000.00 bail because Ms. Wetzel alleged that she
25 was afraid of me. And that is when I was at the Booking
if that's correct. You are asking me a question I can't
answer. No matter how many times you ask me, I am still
not going to know.
0 To your recollection is that what the
condition was that Ms. Day said to you?
14
1 Center.
2 Q So since that time you have had contact with
3 Ms. Wetzal, is that oorrect?
4 A We are allowed to email each other according
5 to the stipulations of the PFA.
6 Q But not regarding the bail conditions
7 though?
8 A Not that I am aware of, no. It has to do
9 with the children. Did I answer your question properly?
10 You ara asking me if I was allowed to email her about the
11 bail conditions?
12 Q That's good enough, Now, with the PFA, as
13 part of. the PFA you weren't supposed to contact Ms.
14 Wetzel's family, is that right?
15 A I believe that's one of the stipulations,
16 yes.
17 Q And, in fact, you have contacted her son,
18 Kyle Brown, is that right?
19 MR. HANFT: Your Honor, to the extent this
20 is now going to retry the indirect criminal -- one of the
21 two indirect criminal contempt hearings that were before
22 the Court or either of the indirect criminal contempt
23 hearings, to the extent that there is allegations that the
24 final PFA order which modifies custody and allows what's to
25 happen to custody veraus what ia listed in the bail
15
1 conditions we would certainly submit they are all public
2 record issued by the Court, and Mr, Schilling is, as I
3 think the Court said, probably the least qualified person
4 in the courtroom to deai with this,
6 THE COURT, Besides I heard that other case.
6 MR. HANFT I You have heard all of the cases,
7 Your Honor, in this matter.
8 MR. CUTLER, What we ar$ trying to establish
9 here, Your Honor, is that here we have a pattern obviously
lO is why I am asking the question. And you have heard the
11 testimony of Sarah Burns, the teacher, who said in fact Mr.
12 Schilling essentially has no respect for rules, And that's
13 what we are establishing. That's the purpose of the
14 questioning, And that's also relevant to any order that
15 the Court --
16 THE COURT I I don't think it is relevant to
17 the custody of Brittany. And he has not disobeyed any
l8 order that I have with regard to Brittany to my knowledge.
19 If you are suggesting that this testimony is going to
20 convince me that he will violate the order, I will tell you
21 a person is going to have to violate it first. I don't
22 think prospectively like that unless I absolutely have to.
23 And I remember the circumstance of this so-called contact
24 with Donovan. And if you are pointing to that as a willful
25 violation of the law or disregard for a court order, I just
16
1 don't buy it, I remember how he and the kid happened to
2 meet, We need to move onto something more substantive than
3 this before I am going to change this current custody
" arrangement. It doesn t t seem to be hurting I3rittany.
5 I3Y MR, CUTLER I
6 0 Okay, Now, you said -- well, actually I
7 don't think you said, but on September lith you challenged
8 the paternity of Brittany, is that correct?
9 A That's correct.
10 0 And when did you find out that that
11 paternity test was positive?
12 A I don't know. I received something in the
13 mail.
14 0 And on approximately October the 7th you
15 filed a civil complaint against Ms. Wetzel?
16 A That's correct.
17 0 And in that complaint you were asking for 'a
18 variety of things that you alleged Ms, Wetzel owed you in
19 part for your daughter Brittany, is that right?
20 A I think it ended up being $150.00 of support
21 for Donovan, $230,00 for a bicycle I bought for Donovan,
22 $60,00 for a helmet that I bought for Donovan. The health
23 care didn't happen. We lost the health care. $80.00 I
24 think for Brittany's savings account that she had said she
25 wou.ld send. And $200.00 for day-care.
17
.
1 and so forth -- thora is a yus or no answer to tha question
2 that you pose. Yes, thair relationship is vary relevant.
3 And it is vary important in a custody case. aue one can
4 adduce testimony concarning that ralat ionship without, (a),
a going into minutia that taka thrae hours instead of thrae
6 minutes. And, secondly, litigating a case that is not
7 be fora the court, You ara going to have to adduce this
8 information in soma othar way, in a much more summary
9 fashion r suggest,
lO ay MR. CUTLERr
II Q So, Mr, Schilling, prior to finding out
12 whether arittany was your daughter or not --
13 A r want to qualify call that. My biological
14 daughter. She has always been my daughter and always will
15 be my daughter,
l6 Q You filed a civil action asking for money
17 for support for Brittany?
l8 A And for Donovan both. And Donovan is not my
19 biological son either, What r asked for was Kitty
20 agreed -- is what Kitty agreed to pay to help us raise the
21 children, The baby-sitting money r asked for r paid
22 myself. We agreed that we would split the $200. OOa week
23 we had to pay Meg to watch the children in the summertime.
24 Even though half of it wasn't my expense, r paid half
25 anyhow, r fronted that money. r sent Ms, Wetzel an email,
19
working for the purpose of having on additional period of custody with the child, The father
shall return the child to the day core 'center by 5:30 p,m, or by sllch earlier time os is necessary to
facilitate plck.up by the mother, In the event the mother plnns to remove the child from day core
during the mother's regular periods of custody, lhe mother sholl notify the fnther of her Intention
ill advance to nvold a scheduling cOlll1iclunder this paragraph.
c. Christmas. In odd.numbered years, father shall have custody from 1 :00 p,m, on
Christmas Dny until 8:45 a.m. on December 30111, Mother will hove custody from 12:00 noon on
Christmas Eve until I :00 p.m. 011 Christmas Day, In even.numbered years, the mother will have
custody from 1 :00 p.m. on Christmas Day until 8;45 u.m, on December 30'11, The father will
have custody from 12:00 noon 011 Christmas Eve until 1:00 p,m, on Christmas Day.
d, Alternating Holidays. The parties shall alternate having custody of the child on the
following holidays beginning with the father having custody of the child on February 23, 2003:
New Year's, the child's birthday (February 23rd), Easter, Memorial Day, July 40', Labor Day, and
Thanksgiving. With the exception of the child's birthday, the holiday period shall begin at 5:00
p.m, on the day before the holiday and end at 7:00 p,m, on the holiday, unless the day following
the holiday is a regular day care day in which case the party with holiday custody shall retain
custody and return the child to day care the following day. III the event the day following the
holiday is also a regular period of custody for the party with holiday custody, the party shall
retain custody of the child through the end of the regular period of custody, The party who does
not have custody of the child on her birthday under this provision shall have a period of custody
on either the day before or the day after the child's birthday at that party's option,
e, Mother's Day/Father's Day. The mother shall have custody of the child every year on
Mother's Day from 9:00 a.m.untillhe following Monday morning when the mother shall return
.'
the child to day care, Th~ father shall hnve custody of the child every year on Father's Day tram
9:00 a,m, until the fOllowing Monday morning when th~ father shall return the child 10 day cure,
3, AllY eXChlulges which do not OCCur at the day cure center shall lake place atlhe Eat'n
Park Restaurnntlocat~d on lhe Carlisle Pike in Mechanicsburg. Said e.~changes shall OCCUr as
described in paragraph 2(a) above, In lhe eventlhe Ent'n Park is closed, the eXchanges will
OCCUr lhere nonetheless with lhe party dropping off lhe chlld remaining at hIs or her vehicle, The
party receiving the child may exit the vehicle to open the door but will not approach the vehicle
of the other party,
4, During the Slimmer break from school and to accon1Jnodate vacations, each Pllrty shall
be entitled to have two uninterrrJpted but nonconsecutive one-week periods of custody upon
providing thirty days' advance notice to the other party, III the eVent thnt there is n conflict
between this provision and the holiday schedule or between the regular weekly schedule nnd the
holiday schedule, the holiday schedule shall take precedence,
5, When father hns custody, the child shall Contnct mother by telephone daily, When
mOther has custody, the child shall Contnct father by telephone daily. The calls under this ,
provision shall be made to both parties' cell phones,
6. Any other terms and conditions of the order of October 7, 1997, which are not
inconsistent with this order, shall remain in full force and effect.
r:lUi"? COPY FROM RECORD
',,'r ::';"Ily"'hllrool I hertl unto s.tt /!'I'I tl~fI(:f
I . '.'"" f
.,; ", I'JJ of s.11d Coort at Carll~.l.!, Po,
I;'~ . "7 ~'!:! ~:j 1;, ;;12 t:; 1
/ proltJoMt~r"l
BY THE COURT,
working for the purpose of having an addlUonul period of custody with the child, The falher
shall return the child 10 Ihe day care 'center by 5:30 p,m, or by such earlier time as is necessary to
facllltale pick-up by the mother, In Ihe event the mother plans 10 remove the child from day care
durlnglhe mother's regular periods of custody, the mother shall notify the father of her fntenllon
in advance to avoid a scheduling conflict under lhis paragraph,
c, Christmas - In odd-numbered years, futher shall have custody from 1:00 p,m, on
Christmas Day until 8:45 a,m, on December 30'h, Mother will have custody from 12:00 noon on
Christmas Eve until 1:00 p,m, on Christmas Day, In even-numbered years, the mother wl1l have
custody from 1:00 p,m, on Christmas Day until 8:45 u,m, on December 30111, The father wl1l
have custody from 12:00 noon on Christmas Eve until 1:00 p,m, on Christmas Day,
d, Alternating Holidays - The parties shall alternate having custody of the chfld on the
following holidays beginning with the father having custody of the chlld on February 23, 2003:
New Year's, the child's birthday (February 23rd), Easter, Memorial Day, July 41h, Labor Day, and
ThanksgiVing. With the exception of the child's birthday, the holiday period shall begin at 5:00
p,m. on the day before the holiday and end at 7:00 p.m. on the holiday, unless the day follOwing
the holiday is a regular day care day in which case the party with holiday custody shall retain
custody and return the child to day care the following day. In the event the day fOllOwing the
holiday is also a regular period of custody for the party with holiday custody, the party shall
retain custody of the child through the end of the regular period of custody. The party who does
not have custody of the child on her birthday under this provision shall have a period of custody
on either the day before or the day after the child's birthday atlhat party's option,
e. Mother's DaylFather's Day. The mother shall have custody of the child every year on
Mother's Day from 9:00 a.m, until the fOllOWing Mondny Illorning when the mother shall relum
the child to day care, 11ul luther shall haw custody of the child every year on rllther's DlIY Irom
9:00 a,m, until the fOllowing MondllY morning when the father shllll return lhe child to dny care,
3, Any exchnllges which do not Occur lit the dllY care CClltcr shall take plllce althe Eat'lI
PlIrk Rcstllurlll1tlocated on the Carlislc !'Ike in Mechnnlcsburg, Said exchllngcs shall OCCur liS
described in paragraph 2(a) lIbove, In the event the cnl'n !'ark is closcd, the exchllnges will
OCCUr there nonetheless with the party dropping offlhc child remllining at his or hcr vehicle, The
party receiving the child may exit the vehicle to open the door but will not approach the vehicle
of the other patty,
4, During the Slimmcr brellk from school and to acconunodate vacations, each party shall
be entitled to have two uninterrupted but nonconsecutive one-week perIods of custody upon
providing thirty days' advallce notice to the other Party. In the event that there is a contlict
between this provision and the holiday schedule or between the regular weekly schedule and the
holiday schedule, the holiday schedule shalltuke prccedence.
5. When fllther has custody, the child shall Contllct mother by telephone daily, When
mother has custody, the child shall contact father by telephone daily, The calls under this
provision shall be made to both patties' cell phoncs,
6. Any other terms and conditions of the order of October 7, /997, which are not
inconsistcnt with this order, shall remain in full force and effect,
r...: I'''; OOI'llV FROM m:CORO
,I ".,. I ,... J ...
'" r, ,,:';;':ny WhllnlOt, f her!) IInlo u;i m~ ~/.:'(lv
:\: ",.' .I'.ll of s.11d Coott at Carn~~!, Fa,
III~--f:t~ ~ 11:.Jt.%11~ q
, Prolhonr,tar
BY THE COURT,
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1 Q And do you teach the p.m. kindnrgnrtnn also?
;! A Yes, r do.
3 Q Did nrittany uhow up for the p,m, .
4 kindergarten classos?
5 ^ No, Not ilt illl r don't ):Jel1eve,
6 Q And aftor the first two days was nrlttany on
7 time to all her classes?
8
9
10
11
12
13 Q So Brittany was late a few times. Did you
l4 ever talk to Mr. Schilling about this issue?
15 A Yes, I did.
16 Q And what did you say?
17 A I had asked him if it would be possible to
18 try to have Brittany arrive at school by quarter of 9:00.
19 Although our school district officially starts at 9:00 with
20 th~ national anthem, becaus~ we in the kindergarten setting
21 have a half-day session, we try to make use of every
22 possible minute that we have with the children. And so
23 consequently after the children come in fl:'om the busses and
24 Fluoride is passed out and they hang theil:' jackets up, I
25 may h~ve something on the table fOr them to wOl:'k on, maybe
TI No, sJ,r. She was not always on' time.
Q And about how many times was she late?
A There were approximately three times where
Brittany was brought to Byhool after 9tOO. A few times it
may have been between ten of 9:00 and 9:00.
~' )
1 And, in fllct, LhlH pllrtlculilr Y'liIr [ had .1
;? IU3VP form thllt indicatud one Iltudunt. WilH Wlllltj to have Hix
3 grllndpll,rentll there. tlo [ t.ndl<:ilt.ud on our neWHletter that
4 oftentt.mes what [ would do would thun be to match the
5 chi Idren who we re unllb lu to hove tj rilndplI rentll there with
6 some of the additional grandparentll that may hove come for
7 another student, so that each Iltudent would be matched with
8 a grandparent.
9 0 Now, for children who don't have
lO grandparents, why wouldn't you allow parents to come in
II their place?
12 A Well, I have twenty-one students in my
13 class. And because of space limitations, our classroom
14 ,gets very full with twenty-one students. And then, again,
15 if you have grandparents who were coming and each student
16 has at least one -- anywhere from one to four or five or
17 six there, our classroom fills up very quickly. And it
18 sends me scrambling for trying to fl.nd enough seating
19 capacity for each of the grandparents.
20 And if I were to open this up to one parent,
2l that means I would have to be fair and allow now,
22 remember I have twenty-one students, times two parents,
23 that would be forty-two parents. That if they chose to
24 come, I would have to allow them all to come in fairnesS.
25 And to be honest, I don't know where I would find enough
'J
"....,
,,-,
I Illl<lt.lllq 'lIlf)/\cit.y for t.w<lnt.y-olI<l l:tdldron. Ollr t:lillHHoom 1./1
7. GompLet.ely fLlllld with 'lr,llldpllr<ltltll. Alld whore would l put
3 forty-two Flilrolltll'? J:l I~I .lUll!: not big onou<jh.
~ 0 Now, thllt piJrtlculllr doy, did /Inybody ahow
5 up for Bdttllny all il <jrllndpilrent'?
6 A Yes.
'/ Q Md do you know who that was?
8 A If I remember, I think it was Mil. Wetzel's
9 step was it stepmother who came? And that would have
10 been Brittany's step-grandmother thon.
11 Q And did Mr. Schilling talk to you prior to
12 Grandparents' Day ubout showing up for this event?
13 A No. He did not.
14 Q Did he show up on the day of this event?
15 A Yes, he did.
16 Q And what happened that day?
17 A Well, I was in the midst of we had started
18 our Grandparents' Day, and I was in the midst of reading a
19 story by Mercer Mayer, My Grandfather and I, and I looked
20 up and I saw him standing at the doorway. And he had tried
21 to get Brittany to ICdve her scat and to go over to him. I
22 have a rule in my classroom that I use whenever I read a
23 story and that is that wo are sitting on the carpet and we
24 are listening to the story, and no one gets up, because
25 that's very distracting. And I guess becallso we are so
10
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usud to th.1L ruin MId do.ln'l it thilL WilY IlriLLiltly did not
gat up.
,
o And did you havu any conversation with Mr.
Schilling about this partlGular Incldunt?
A Not that partLcular day. Out the Monday
following GrandparuntB' llay, YUB, [ did.
o Tell UB about that conversation.
A Well, it woo after morning kindergarten
session had ended. I had put my students on the bus, and
he waited fol:' me and asked to speak with me, and said to me
that he waR unhappy that he could not participate in
Grandparents' Day and that parents were not allowed to
participate in that activity. And at that time I proceeded
to explain to him my reasoning, which was the fact that if
I allowed parents to come that r would have to allow all
the parents to come. And there was just not ample space
for everyone to be there.
Q Now, during your contact that you have had
with Mr. Schilling have you I guess formed an impression of
what Mr. Schilling's views are of the school rules and just
rules in particular?
A Yes, I have.
C An'd what is that?
A Well, I think sometimes he may feel that the
rules are for other people, perhaps not for him, that maybe
11
,~
~
1 tho ruloB Bhould be hont.
2 MR. GUT~ERl That'a all i have on direct,
3 .Vour Honor.
4 'I'm: COUR'L'l Cartlllnly. Mr. Hanft.
5 CHOSS-f:X1\MrNl\'l'lON
6 BY Ml~. H1\Nf"rl
7 Q Mrs. Uurns, lot's talk a Uttla bit about
8 Grandparents' Day. You sald you sont out II newsletter?
9 A Yes.
10 Q Are you the one that aent it out?
11 A Yes. I put it in tho children's mailboxes.
12 Q How many copies clid you gJ.ve Brittany?
l3 A Two.
14 Q 1\nd are you sure that a copy got to Mr.
15 Schilling?
16 1\ I would lIke to think so. I try to make
17 every effort. I have a foider fol:' each parent. And I
18 tried really hard to put a newsletter in his folder and
19 also Ms. Wetzel's folder.
20 Q I understand your question. Let me ask the
2l question again -- or I understand your answer, but, I don't
22 think you understood my question. Are you sure Mr.
23 Schilling got a copy of your letter?
24 A I can't: answer that. I know I put one in
25 there. And what happened to it after it ,left my classroom
17.
I _._.._'_..'"'",
--
,
1 r can't aay.
;! 0 'I'ha <l<ltJVOnliltlon you hod with Mr, Ilchllllng
3 the coupLe of dilya iJl'tar Grllndp/lrontal Ll/lY that YOll Ilclid he
4 waited for you, illntt it tnw thilt ho adviaad you that he
5 had not received that lattar?
6 A [honolltLy don't recdLI.
7 0 The day of Grandparentll' Day, did you get a
8 call from the achool office advising YOll that Mr, Schilling
9 was going to be coming?
10 ^ Yas, I did.
II Q Prior to Mr. Schilling arriving, is that
l2 correct"
13 ^ He Willi in the office at the time when r 'was
14 . called I think.
15 0 When you had your convel:'llation with Mr.
16 Schilling a couple of daYIl after Grandparents' Day, did Mr. '
17 Schilling advise ~ou at all why he wall showing up at
18 Grandparents' Day?
19 ^ He said that his mother was living in
20 f'lodda, and his father, I beUeve, had passed away.
21 Q Did he tell you anything with regard to
22 Brittany's expectations fol:' that day?
23 A He saia that Brittany wanted him to be
24 there. But if you ask any studcmt, what student wouldn't
25 want their parents to be thorn? And I had mentioned to my
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Clllllll I,hilt I know thaL pa ~(Itl L II IllJnlllt imuM purhilpll wnnL to
come, but thoru jUllt ltm · t room.
Q J,flt' 8 'Ill bll(: k to llrlttnny iJ littill bit, I
think you atatud thllt Ilha haa boan late approximately th~au
,
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5 tlmea i\fte~ 9tOO 80 fill' thi~l 8dloo1 YUill', 113 thilt corr.llct7
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YUIl.
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Out of th~ twunty-ona atudentll you have ill
a she tho only one that hall been lat07
9
A
Yes -- well, you moan late just coming in or
10 late because thoy have boen late for II dentist appointment
II or a doctol:' appointment 7
l2
Q
Whatever reallon. You said Brittany was
13 three times late, and that you like her there at Bt45, but
14 school really doesn't officially start until 9tOO. So if
15 she comes in at 9:00, it is after you have already started,
16 but she is technically not late. Am I corl:'ect on that?
i7
A
Yes.
IB
Q
Just so that I am correct, we are talking
19 three times, thl:'eo daYIl, that she would have been there
20 after 9:00, am I correct?
21
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A
That's correct. Yes.
Q
There are no other students in your class
23 that have been there afte~ 9:00?
24
A
My pa~ents a~e very good at trying to be on
25 time. A lot of times they will t~y to schedule
H
1 first day of school. And that would list what children
2 were to be in which sQ~sion.
3 0 Prior to that had you received any tentative
4 rosters?
5 T\ Yea.
6 0 Waa Brittany Schilling on any of your
7 previous tentative roatera prior to the one you got the
B first day of school?
9 T\ Yes, she was.
10 0 When did she fil:'st appesr on your -- let me
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16 0 Mrs. Burns, are you aware that Brittany was
17 changed from the afternoon class to the morning class?
lB T\ Twas awal:'e of that the morning Mrs. Wetzel
19 came in and said to me that she would be switched from p.m.
20 to a.m., and that Mr. S~hilling was going to be bringing
2l her.
22 0 And when was that? Was that before school
23 started or after school started?
24 T\ It was in the morning prior -- between 8:00
25 and quarter of 9:00 before school started. And honestly I
j\lmp back, for the morning class?
T\ When did she appear.~.
0 On the morning class roster.
T\ r honestly don't know how to answer that. r
don't recall the ,date.
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don I t recall if it WiHl l.hll!.. MOlldllY morn ill'! or whll!..hor it
was Tuesday mornLnq, 0110 of tho first two days of school.
o Hut Ln aithar GIIS0, Lt wlllln't bofore IIchool
had officially started for the school yeBr for students, am
I correct?
fI I think 110, I doni t think it WlllI.
o fire you aWare of the current custody
situation that Brittany hilS with her parents?
fI Yes.
o And what is that to the best of your
knowledge?
A Well, she lives with mother one week, and
,
then the following weak father has custody, find that's my
understanding.
o So then she lives with father, and then the
following week mother has custody?
A Yes.
o During those -- let's call that a week-on"
week-off, just so that we are talking about the same thing,
have you noticed any changes or problems with Brittany's
school work on any of those weeks?
A No. She is an excellent student and
acquires skills and mastery of skills with ease.
Q
So the three Limes that she was late after
25 9:00, in your opinion has that affected her schooling ~r
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her ability to loarn tho lossons that you have prepared for
the current school your?
^ r don't think It hus affected her ability to
learn the skills, but she tends to work very olowly, not
because she hus difficultly acquiring skills, but because
she Is v~ry meticuLous, and she takes B Lot of pride in
doing 0 nice, neat job. So, consequently, what it does
affect Is she wiil try to finish her work, where depending
on if it Is a morning that we don't have art, music or gym
that we have to rush off to, you know, I'might gather the
children onto the carpet and we might do a story or we
might break into centers. And at that time the other
chi~dren have more opportunity to interact with one
another.
o flas that sig~ificantly affected Brittany's
ability to get along with the other children, these three
late times that she was there, I think you said between
fifteen minutes and a half hour, has that affected her
ability to get along with hel:' classmates?
A No. I don't think so.
o Do you know if Mr. Schilling was consulted
with regard to the change of Bl:'ittany from the afternoon
class to the morning class? If you don't know, that's an
appropriate answer as well.
A I don't know for sUl:'e. fie tells me that he
10
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was not consu ltod, but, you know, I Willi not. there. I did
not see an emnlL or hear Mil. Wet:r.el vorball y tell ~lim.
Q Did she tell you she told him?
A r honelltLy don't recn) L.
Q Oid she tell you thnt they agreed to chanqe
1
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6 Brittany from the afternoon to the morning?
7 A r don't know whether' she said that. I don't
8 recall.
9 Q You said Mr. Schilling told you that he had
10 not been consuLted in the chango, 01:' that you believe
11 that's what he had told you, is that correct?
12 A Yes.
13 Q Did he give you any reasons as to why he did
14 not approve of that change?
i5 A He said that should Brittany be able to go
16 in the afternoon session, it would be easier for hlm to
17 find child-care. Plus a little girl that Brittany knows is
18 also in the afternoon session, so she would also have a
19 playmate to play with.
20 Q If the Court were, and I am not saying that
21 the Court has, but if the Court were to have Brittany go to
22 the afternoon kindergarten class versus the morning
?o3 kindergarten class, whether it be with you, and I believe
24 the other kindergarten teacher is Mrs. Snyder, is that
25 correct?
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A Yas. Wa also havo an ndditionnl tonnhor in
the afternoon too.
o Would that significantly impact nrittany's
ability to learn or to progross normally through
kindergarten?
A Well, it is hard to say. My morning group
is more academically oriented. They master skills and pick
up skills with more easa. They learn quickly. And I can
give them mora activities, because they finish their work
very quickly and seem to lear.n things more easily.
The afternoon group, the children tend to be
a little more immature as compared to the mOl:'ning group.
And they do not l~ar.n skills as easily with academic ease.
I find that I have to do more review-type activities with
them before they master skills. And since Brittany seems
to learn mor.e easily, I wonder whether moving her from that
a.m. session to that p.m. session may cause a tendency for
her to be more bored, because we are reviewing things that
she perhaps learns more so with ease.
Q Does Mrs. Snyder or the other teacher have
the same lack of academically-oriented afternoon students
as morning students? I think the term you used was your
a.m. class was more academically oriented, so I am trying
to use your
A Well, in going by what Ml:'s. Snyder tells me,
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reser.ved?
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normally? '
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Q How ft\r1ny ol.huJ:' paront.!\ hilvo you had to
apecLficaLly addJ:'eu!\ about their children being late thia
year?
A None.
Q And obviou!\ly absences iJre divided into two
categQries, excu!\ed and unexcused, is that right?
A Thst's correct.
Q And the same way with tardies, excused and
unexcused. So if parents have a dentist appointment, et
cetera, that would be an excused absence or an expused
tardy, is that right?
A That's cOl:'rect.
Q And where somebody jusC shows up lat~
because it is more convenient, or for whatever' reason, that
would be an unexcused tardy or absence?
"
A That's correct.
Q How many other children'besides Brittany, if
you know, have unexcused tardies or absences?
A One.
Q Other than Brittany?
A Other than Brittany, yes.
Q And you have how many children in your
class?
A I have twenty-one in the morning, and I have
sixteen in the afternoon.
;>?
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1 'l'IlF. COlm'l'r UnloslI thoro ill objoclLlon?,
2 MI~. CU'!'!,E:Hr I don't hove any.
J MH. IIME"l': Provided that neither party is
4 going to reference confersationa they have had with Mrs.
'5 Burns that she has not testified to, we certainly wouldn't
6 have any objection.
., 'l'HE: COUH'l': Can you think of any
8 conversation?
9 MR. CUTLE:Rr I can't think of any.
10 THE: COURT: Very well. Thank you very much
11 for coming. We will get you back to the classroom.
12 MR. CUTLER: My next witness, Your Honor,
13 will be Dean Clepper.
14 Whereupon, DEAN CLEPPE:R, having been
15 duly sworn, testified as follows:
16 DIRECT E:XAMINATION
17 BY MR. CUTLER:
18 Q Dean, state your full name for the record?
19 A Dean Robert Clepper.
20 0 And would you spell that for the ,court
21 reporter, please?
22 A O-e-a-n, R-o-b-e-r-t, C~l-e-p-p-e-r.
23 Q And where do you live, Dean?
24 A 340 1st Stroet in Boiling Springs,
25 Pennsylvania.
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I Q And whoro II ro YOll omp loyod'?
2 A South Middleton School Diatdct.
3 Q And how are YOll (imp loyed'?
4 A! am the bullding princlpal for ~ice
5 mlementary School.
6 Q And are you familiar with the parties here
7 today, Katherine Wetzel and Craig Schilling?
8 A Yes, I am.
9 Q And tell the Court about your first contact
10 that you had with Mr. Schilling, if you can remember?
11 A This year?
l2 Q Yes, this year.
13 A This year it would have been Monday,
14 September 3rd, our first official school day.
15 Q And w~at happened that 9ay?
16 A Mr. Schilling called, and he was concerned
l7 because his daughter was moved fl:'om an afternoon
18 kindergarten session to a morning kindergarten session.
19 Q And what did I'll:'. SchilLing have to say about
20 that p~rticular movement?
21 A His concern related to the fact that he
22 wasn't contacted, that the decision was made without his
23 prior knowledge, and that he had arrangements for his'
24 daughter to be taken care of if she was attending an
25 afternoon session. And this blew those plans out of the
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t water for: him.
2 0 And dLd Ms. W~t~el ever tulk to you about
3 this movement from p.m. to a.m. kLnder.garton?
4 A Not until of tor the start of tho achool
5 yea r.
6 0 And logistically speoking Ls thore any
7 reason that you know of why Brittany was moved to the a.m.
B session of kindergarten?
9 A We were informed by transportation that they
lO had a call that the sitter was changed to a local provider,
II and that local provider was in the morning kindergarten
12 area, attendance area. And when we got that call, we made
l3 the change.
14 0 So, in other words, if Brittany wa~ in p.m.
l5 kindergarten, then that particular day-care facility
16 couldn't watch her then?
17 A Exactly.
lB Q And after this point did you have any other
19 contact with MI:'. Schilling?
20 A Through that week we had a number of phone
2l calls where he, again, indicated his concern fol:' the
22 change, the way the change was made. And I informed him
23 that he could have an opportunity to speak with the
24 superintendent about the change. And I believe he chose to
25 do so. And then he was at the school board meeting that
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1 time frame.
2 0 Prior to that am r correct in saying that
3 you assumed or presumed that he Was Donovan's father?
4 A Yes, r df.d.
5 0 And why is t~at?
6 A lie was very involved in Donovan's school
7 oareer.
a 0 At Rice?
9 A Yas ,
10 0 What were the circumstances that led to you
11 being advised that Mr. Schilling was not Donovan's
12 biological fa~her?
13 A During our kindergarten kick-off program
14 that we have in August Ms. Wetzel indicated to me that they
15 were having problems, and she explained some of the
16 concerns that they had. And at that same time she
17 indicated that Donovan was not his bf.ological son.
1a Q The kindergarten kick-off in Augu:Jt, you
19 said Ms. Wetzel spoke to you. Was Mr. Schilling in
20 attendance then, to the best of your recollection?
21 A To the best of my recollection, no.
22 0 At that time, in August -- do you kno~ when
23 in August that was? Was that the beginning of August ,or
24 the end of August?
25 A The 12th and 13th.
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1 /lfturnoon dily-cl/lru C/llilblLshud"
2 A Wu provide aervLce to one <llly-oore provider.
3 0 1I0w doea ~ha aohoo) di/llrlct go about
4 aelecting whLch of the two cloy-core providura to provide
5 aorvicu to?
6 A Thora La no /lotaction procaaa. We make the
7 aaaignmont, initial uaaignment, baaed on what wa know in
8 March. And through the aummer we had numeroua changes that
9 are made through Transportation or through my office. And
10 at that point we make the change. We don't, as a matter of
11 procedure, contact parents to find out if both parties
12 agree. If a parent calls and says that a day-care provider
13 is being changed, then we react to that call.
14 0 The March time frame I think you just
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mentioned, is that the kindergarten indoctrination?
A The registration.
Q The registration?
A Yes.
.0 And at that time who was at that
registration, do you recall, for ari ttany?
A No, I don't. I don't.
Q If I told you Mr. Schilling was at that
registrat.lon, would you have any reason to believe
otherwiaa?
A No. I would not.
32
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o
And huvo YOll buon 8blo to verify whether or
2 not Mr. schiLLing'a roaidence ia Ln the achooL diatrict?
3
A Yea,
0 And l.t is?
A Yea, it i /l .
And do you Wet:zel'a I
0 know if Ma. reaidence is
in the school diatr1.ct?
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5
6
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8
A
It is not.
9
Q
The school diatrict, I assume, has a policy
10 that they only provide schooling to in-district residents
11 unless out-of-district tuition would be paid, am I correct
12 on that?
13
A
The superintendent and the school b~ard are
14 the ones that have that authority. And in this particular
15 case, Dr. Senker (phonetic) nnd the school board are the
16 ones that have provided this scenario to exist or to
17 continue.
18
Q
And if 1. twas a week-on, week-off, 'as r
19 think you have heard Mrs. Burns talk, we wouldn't have an
20 issue, am r correct, because the child would be in Mr.
21 Schilling's custody half the time?
22
A
No. It is not.
23
Q
Do you know what the school district will do
24 if in fact Mr. Schilling didn't have equal custody of
25 Bri~tany?
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A No, 1 do rlllt. Aq/lin, ttlilt'/l not II decL/lion
that's made ot my level.
o Prom d principol'a perapoctlve, which is I
asaumo how you would approach Urittuny Schilling, do you
have any concorns IIbout her belng able to udvonce from
kindergarten to first grade based on either your
discussions with Mrs. Burns or onything you have heard
today?
A No.
Q Under some questioning from Mr. Cutler I
believo you stated that Mr. Schilling's conduct has always
been respectful, and then you went on to clarify that as a
resul~ of this change some of your conversations may have
been, I think the words you used were more forceful than
others? Do you recall that?
^ Intense. Yes.
Q PriOr to the change in Brittany's class from
afternoon to morning, how had your relationship with Mr.
SchIlling been?
A Pine.
o And thllt would have been for the
approximately two and a half years dealing primarily with
Donovan I believe you said?
A Yes.'
MR. HANP'I': I have nothing further, Your
.p)
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1 u/led, allogedly wanting to hovo Donovan romovod from tho
2 school diatrict, ofter the school boord moeting did you and
3 Mr, Schilling have a specl.fic converaation regardinQ that?
4 A Not a spedfic conversatl.on re'Jarding that.
5 In another conversation we did rerer to that.
6 Q Did Mr. schllling advise you that he was not
7 looking to have Donovan removed from the school?
8 A I can't recall that he said that, r do
9 remember speaking to him about the fact that it was not an
10 iss~e that was raised in another setting.
11 Q The other setting being the achool board
12 meeting?
13 A Yes. And that he did not bring it up.
14 Q If I understand what you just said, when Mr.,
15 Schilling addressed the school board, he did not ask that
16 Donovan be removed from the school district, and I believe
17 he testified he didn't even talk about that?
18 A That all occurred In an executlve session,
19 and I really can't speak a lot to that, oth~r than to say
20 that Donovan was not an issue at that meeting. Donovan was
21 not mentioned.
22 Q So any type of implication that Mr.
23 Schilling was trying to have Donovan removed, 'it certairly
24 wasn't done at that meeting, that would be inaccurate, is
25 that correct?
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Imrnlll, '!'lIlld "lpn/! ,'I dlllll'll// IIlld I: l,rIll 1 ly you woul'd get
IIl<:k l)/ 11:'1
A Wit ",.1 kn Ullll dlllnl.lli. And we rnade tha t
OhiltllJU. Alld WIIlHI Wit """lId out'. th/Jt theru Wall a conflict,
our Ildvll!lI Willi Lhlll. l:h',y Illwdlld to work thllt conflict out
botwuoll tho tWll pllrlto/I.
\J ^1l,1 Yllll Ilrli IUri!: going to keep things --
A W" Ilrn koopln'! tho things the way they are
until WCl Itrn tnl.d dl/:fornntly.
o :Jo l I.h Lnk you havo answered my other
qllO/lt Lon, And UI/lt III L f ono pa ront 11 ves in the district
and OliO pnrenl. dOOIl not, nnd one parent wants a.m.
kl,ndnrcJllrton MId on" pilront wants p.rn. kindergarten, I
IIHIIlllnll thon III r/ltlol vlng thilt Gordian knot you would not
'!IVD ilny proturnnco to'the pilrent who lives in the
d L a I'. rt c! I'. "
!J
(,
^ Nn. Our Ilssumptlon is that there is
cO/llrnlJlIlc/lt Ion blitwfJell the two partles, and that this is a
mutllol docluion. And we get the request and we.react to
thllt request.
o I wiHh I could operate under the same
i1B/lllmptlon that you do. That would be wonderful. Thank
you BO ~uch for your time.
MR. HANFT: Your Honor, if I may, can I
1'01 low-up, two quoutlons?
40
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o
I ~m going to go bock horo, ond we ore going
2 to start aomawhat from tho buginninq, Whon did you bogin
3 your relationshLp with Mr. BchLllinq?
relationship has Mr. Schilling ever engaged in any kind of
violent acts against you?
A Yes, he has.
0 And what kind of things has he done?
A He hall fractured my jaw. fie has choked me.
4
5
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7
8 that year?
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A
In 1.995.
o
A
,
And whon Wflll Brittany born?
[n 1997,
o
And waa there any kind of custody order in
A
o
A
o
'les, there was.
And who initiated that custody action?
Craig Schilling.
And now during the course of your
18 He has punched me in the face. fie has thrown me
19 downstairs.
20
Q
And has any of the/le thing/l ever happened in
21 front of the children?
22
A
23
24 children?
25
Yes, they have.
Q
What thing/l happened in f.ront of the
A
He choked me ,in front of my son 'Donovan
44
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1 A 110 hilll threlllened to kill me, lie hR/I
;2 threatened to run with my chlldren. WhUe [ WO/l pregnant
3 with my doughter, he would cill 1 me ilt 01 1 hour/l of the
4 night. We lire talking 2~OO, 4~00, in the morning telling
5 me thllt I would nevor be a mother to thil3 child, that he
6 would take her. lie would find somebody new to be her
7 mother, that I was not going to be a mother.
8 During the first, I would say, year to two
9 years of her life, he threatened me multiple times of
10 running with her, that I would never see her again. And he
11 had threatened me as recent as about a year ago to that
12 effect. as well.
13 0 And has Mr. Schilling ever followed you to
14 your knowledge?
15 A Yes, he has.
1& Q And when was the first tl.me that you noticed
17 t ha t?
18 A I was living on Spring Garden Street in
19 Carlisle. And that would have been in I believe '99, the
20 first time that I knew that he was following me. He used
21 to park his car at the Giant, because I live right across
22 the street from the Giant grocery store. And he would park
23 his car, and he would just move it periodically. I did
24 confront him on this, and he admitted to it, stating that
25 he missed his daughter. He mlssed his family.
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Q And how muny tlmoR did thiH happon, do you
remember, at the Giant?
A [ know of two specific timell. lie haa
admitted to mora timo/l through converButions, but two times
that I can specHically stilte that, yea, 1 did Bell him.
o And what exactly did he admit to?
A That he does watch me, that he does sit and
watch my houae.
Q Did he ever mention how many times or how
~,
often?
A No. He did not.
Q And then where did you move after Spring
Garden?
A I moved to Mt. Holly Springs, to Trine
Avenue in Mt. Holly.
Q And do you know if Mr. Wetzel ever --
MR. HANE'T: Mr. SchiUing.
MR. CUTLER: I am'sorry. I am bad with
names.
BY MR. CUTLER:
o Mr. Schilling ever was watching you at that
address?
A Yes, he did.
Q And tell us about that?
A The time after he had choked me in front of
4./
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1 my /lon, my next door ncIghbor, r WIHI c:lclllO f rLcndll with
2 her, I worked with her at [,itUe Johrl' a rastauwnt, und ahe.
3 waa friends with one of the Mt. lIolly pollee officcrs, And
4 I had come to work, and r was not oble to /Ipeak well, and
5 she asked me what happened, arid r told her. That night she
6 brought the police officer over, and r told hl.m my story.
7 Probably about -- I am not certain actually of the time
8 frame, but he later confronted me as to whether or not that
9 police officer was ever over at my house. And I asked him
10 at that time point-blank were you watching my house. And
11 he admitted to doing so, yes.
12 Q And did he say how he would gencrallygo
13 about watching your house?
14 A No. That's actually an assumption of mine.
15 I lived across the street actually from the police station
16 and a baseball field. r know that he wOIJld have to park
17 his car out of sight. And in order to be able to be
18 watching and hearing what was going on, it would .have to be
19 at the baseball field.
20 0 He never said that specifically?
21 A No. He did not.
22 Q And then what happened in approximately
23 March of this year?
24 A In March of thLs year -- actually seve~al
25 things happened. I was hospitalized for 'nine days, at
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1 which timo ho had ol(!'!O/l/l to my homo. Jlo l.ook my bi 1111 out
2 of my houaa. 110 startnd on-l lne /WC'lllnl./1 tor my telephot)(j
3 and my cellular phonn. Ho went through my poat office box.
4 And he went through my bllls. And hn contacted Bo~e of my
5 creditors to find out whot chorgoa were about and who wera
6 they sent to, that sort of thing. He was also
7 seen I had gone out with some friend/l after work one
8 night, And as we wero preparing to leave, one of the girls
9 there, who also had beet) Brittany's teacher, a preschool
10 teacher, stated that ahe had jU/lt seen Craig
11 MR. HANFT: I am going to object, Your
12 Honor. Hearsay.
13 'fHE: COURT~ Unless she has personal
14 knowledge of
15 'I'HE WITNE:SS: Yes, slr, I do.
16 THE COURT: No, nQ. I don't mean personal
17 knowledge from somebody else. I meat) you saw 11. or you
18 heard it.
19 THE: WI'I'NESS: Yes, sir, I did.
20 TP.E COURT: Go ahead.
21 THE WITNESS: What happened then is we
22 left-- I left to go, and Mr. Schilling pulled his car
23 ri.ght; in front of mlne. I followed him all the way back to
24 his house and asked him what it was that he was doing. And
25 I asked him who was In the house with the children, because
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he hod clllatody of tho r;hl.lclrnn LhnL WOUklHld. And he told
me nobody, that tho ch lldren Wli r'O by thllmao 1 VIJI:I, 'I'hill waa
approximately 12130 a.m.
Wa arlJulid In the drLvClway for /Iometlme, IInd
then we anterad tho hOIl/lo. At whlch t Imo he willklJd in and
I came in with him. And tharo WillI nobody in the houae.
The children were alone in the houllo. Tho front door waa
unlocked.
BY MR. CU'L'l,ERI
Q And then what happened?
A Well, we talked for several hours. He WaS
drinking heavily. I was afraid to leave the children alone
with him. So I actually slept on his living room floor
that night.
,0 And do you remember a date of that?
A r am sorry, I do not.
o And then what happened?
A In regards to...
o What happened next, you stayed on the floor,
and then what happened?
A I stayed that night on the living room
floor. The next morning he seemed to have it together much
better, so I left. r had to work on Saturday. ,So I ~ent
to work.
o Now, you mentioned this hospitali:zationin
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o
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o
I\nd whon cI id you qnt out. of t.ho hOllpi 1;111 "
March the 30th J hlllloVll it Willi,
And did thli <:lJflL<\dy IlrrllnC)llm<H1t. thon rO/lume
4 as it wns before?
5
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~'or /Ipproximiltoly two woeku, ,HId that! Craig
6 SchilLing a/lked thllt [ ple/lae toke tho chiLdren for ot
'I lea$t a month, because he W/la not emotionally able to deal
the next major ovent would be sometime in June?
A Yes.
0 And then what happened in June?
A In June we took a trip to ~'lorida. He
insisted that I go to rlorida with him, so I went.
8 with them.
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And did he say why he wasn't able to deal
A
Not specifically, no, that I can recall.
And so after March thon what is -- I guess
o
o
Now, let me break in here. What events led
19 up to this trip in June?
20
A
When I got out of the hospital, we still
21 were having several struggle/l. IInd 1 t was back to
,
22 on-again, off-again. He felt that I was workIng very hard,
23 and he wanted to gIve me a break. So he had to go down to
24 Florida on some bUBiness for il few days and wanted me to go "
25 with him. During the convorsat.ions he had stated several
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shoppinCJ /Inr,j fHlrrJhiHllld iHl On'"l\/llmont dnCJ, ilrld lot tho
ohHdren krlow Wh,tt It Willi, Wh'lll he CJilV'i l:he ring to me,
thero Wila 0 port of mll thnt Willi IlilPPY, becllluae r did love
Craig S<:hLLl.LnCJ vlIry much. And L llild hOplld thllt we would
be /lble to be n fnmlly "nd move on,
L did not toll onybody aal.de from my family
that there hod been an engngement. He had questioned me as
to whether or not I had told tho people that I work with
that we wern eng/lged. And I told him thnt I did not tell
them. He got turl.ous that I waa not able to tell poople,
but due to our history and problems that we were currently
experiencing I just did not feel comfortable with doing
that until r knew for sure this was going to go through.
At that time he asked for the ring back and I gsve to it
him.
BY MR. CU'rLE:R:
Q And this Was when?
A This was driVing to Baltimore to go to the
airport. I mean, as soon as we got on the turnpike in
Carlisle it began. And it continued the whole way down.
It was just around that issue.
Q And then did you actually go to Florida?
A Yes, I did. I did not have really any means
to ge~ myself home. So I told him that if he wasn't going
to send me home, that I guess I was stuck going to Florid..
"
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1 left him a note a/l to whorn [WO/l. Ho at /Iomn polnt, [ dn
2 not know whan, cama down to the bellch h lmlle J f, but lill,d not
3 besida mo, tlOmewhere ettle. lie carne up to me as he wlla
4 leaving, and Bilked if [ WB/I going to go to dinner with them
5 that night, And J had said to him if he wanted me to. And
6 he thought about it for 0 moment, and then he said, well,
7 he guessed so. And r indicated to him that if that was
8 going to be his behavior th~n I did not wish to go. And he
9 at that point stated that he would not be that way, that
10 they were leaving at 6:00. So he went up to the room.
11 I bel ieve I followed him about forty-five
12 minutes later. I went up to the room as well. I came into
13 the room, and r was trying to be n.ice, trying to have a
14 conversation and dl.scuss with him some of the things that I
15 saw on the beach, the crabs that were crawling around and
16 that sort of thing. lie d.id not make any comment to me. lie
17 completely ignored me. So I got in the shower. lie popped
18 his head into the bathroom and said he was going to the
19 store. When he came back from the store he brought back
20 some sushi, a bottle of wine, and I thl.nk a few other
21 things, but I don't recall what they were. He did not
22 speak to me. He opened the wine, poured himself a glass of
23 wine.
24 And on the counter there was a container of
25 sushi. He said I got you sushi in case you wanted
so
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1 /Iotnllth lnq. (10 I'll! wont out Lo tho porch. tIll I wont 'lilt; to
2 t.,he porch, unci 1 auld t think It i/l pnl~h1bly boat ttl/lt 1 do
3 not go with you this avonlnq. And he Hold I thInk YOII oro
4 right. And I aaid you don't noad to leavu ma thll car,
5 there ia rU/ltourant here. I wlll go downstoira ond I will
6 have dinner.
7 I closed the porch door. lie came in the
8 hotel screaming at me, And I told him I wasn't going to be
9 screamed at, to leave me alone, We will just hllve to deal
10 with each other Qn Friday unless he is willl.ng to aond me
11 home right now. And in the meantime we con either spend
12 the next day /Icreaming at one other or we can just get
13 along until we go home, and then we can go our separate
14 ways. At that poirlt then I left the room and I went down
15 to the restaurant. He then followed me to the restaurant
16 begging me to go to dinner with him, that he was in love
17 with me, and he was sorry. And that, you know, he was out
18 of line, and that his behavior was wrong and on and on.
19 I asked him several countless times to
20 please leave. I did not wish to go to dinner with him. He
21 tried to have my dinner canceled. Thi~ went on the whole
22 entire time r ate dinner. I finally was finl.shed with
23 dinner. r went to pay the blll. He insisted on pdying the
24 bill. He took the bl.l1 from me, paid the bill, and I left.
25 And he went out to dinner with his friends.
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A r rll.d, but ll. no lonqlJr worked, heciHl/le he
chocked out or the hU~ol.
Q And thun Whilt; did you do otter that?
A r oul;ulll ly went bock down to ask the
bartender how much;] room was. And Rhe Raid It WaR very
expensive. And they tried to get me a room for free but
were unable. So r had to get a room. And then the ne~t
day I had to get a taxl. to take me back to Orlando in order
to lllave.
o And so you go with a taxi, you go to the
airport. What happens when you get to the airport? Did
you have a ticket?
MR. HANFT: Your Honor, it is clearly
leading.
THE WITNESS: Yes. He had actually canceled
my ticket --
THE COURT: Actually a few leading questions
at this point would be most welcome, because the question
what happened next leads to a description that perhaps
Charles Dickens novels would best resemble.
BY MR. CUTLER:
o So did you have a ticket to get back home?
A Yes, I did. He had canceled it, bu~ then
ordered me a new ticket.
o And then you got back to this area in June
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to bu at the homo IInyUmo nthlll~ I.hiltl to [/l()LlLl,lItll cJll/ll:ody
()f thl'l chilrJrotl. 'l'hllrll Wlla tlo nlmd -., hc W,lll tlot to bel
there at IILL. 110 Wila not to l)ill L ",a COIHIUtnl:Ly. "'hilt ha
waif to 0111), Ilnyl:ima bo[orll tOtOO, Anyl:htn~, Ilftur IUtOO
wouLd be conaidorad harsllllmanl:.
And OffLcer C/lsael hod told him ot Leoat
four timo/l that, you know, r wantod oul of the
relationship. The rellltionshlp was over, /lnd he waa to
leave me alona.
o Now, on IIpproximately July 20 of thi/l year
what happened then?
A On July 20th he had come to my houso and
left items at my house that had belonged to the children
but had lonv since not been used by the Qhildren, He just
had them in his possession. They were at leaat five to six
years old.
o And did you send him an email abou~ this
contact?
A
o
A
Yes, r did.
And did he sond you an email back?
Yes, he did.
MR. CUTLER:
THE COURT:
May r approach; Your Honor?
Yes.
BY MR. CUTLIllR:
o
r am showing you what's marked as
6]
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Oafandnnt'a ExhLbit ^. cnn you toll me what thot 1/1?
A Thill is n rOllponae -- waLl, on emol.l from me
and a re/lpon/lu troln Craig ruther teL L l.ng me that he is
goIng to contl.nue to do ':111 he nLwoY/I hos in tho past.
0 Where did this emilil come from"
A 'rhe init ial omal1 Game from me.
Q Out the response came from, , ,
A From CraIg SchUling, from Let's Move It.
Q And how do you know that?
A It /Itates at the top where the address
that's sending the ema i1 i/l from.
Q And the first paragraph, what does that say?
MR, HANFT: Your Honor, the document speaks
for itself.
THE COURT: Could we paint a somewhat
broader brush? I am getting the picture, in excruciating
detail., Perhaps we can summari:ze. What is she trying to
say? That she doesn't love him anymore, but he
MR. CUTLER: Essentially the first paragraph
says Mr. Wet:zel was contacted by --
MR. HANFT: Mr. SChilling.
MR. CUTLER: r am sorry. Mr. Schilling.
Then he essentially says I will continue to carry my life
on as I always have. In other words, I am going to do what
I want. That's the gist of thl.s document.
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lout, And wo found thoru Wiltl book bilCJ ilttllehud to tho bllCk
2 of the home with 0 tilpO rocordur and a caLlor [0 box inalde
3 of it. [t Waa attiwhmJ to that phone 1 ine coming out of
4 the back of my houae.
5
6
o
And then whot happened later on that night?
The police then actually stakod out the home
A
7 and waited for him to return. When he did return and he
8 picked up the bag, they arrested him.
9
Q And were your children present with you
during this time?
I
A Yes, they were.
0 And what measures did you take to protect
the children from this Lnformation?
10
11
12
13
14
A
All measures. The police and the detectives
15 were very good as welL. I made sure that the children had
16 no idea that any of this was going on. Aqer he was
17 arrested, r made certain,that they did not know he had been
18 arrested. I w~nt to great lengths to make sure that they
19 did not know that he had been arrested. I did not want to
20 damage their opl.nion of him.
. ,
21
Q
Now, as a result of this incident, did you
22 file a protection from abuse?
23
A
Yes, r did.
24
o
And what happened with that?
25
A
I was granted it.
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That porson I/lntt horn. And ~nythLnq /Iho HnY/l --
'!'II~: COUll'!': Wall, it cIln't pousibly bo
offored for tho truth of thu mottor 811aortod In the
statement, since r have novar heilrd Huch n rLdiculous
conclusion of Low. The fact thot ahe WIIS told this by
somebody goes to her state of mLnd. And, therefore, it ia
not hear.say. I wou Id be all ton ished if 11 11lwyer told her
that. If she couldn't agree on custody, the chlldren would
be taken away from her. But maybe thatt/l not what she is
about to say.
What did Mr. Lopez tell you?
THE WITNESS: Mr. Lopez told me that when he
and Carol Lindsay were in with Judge Hoffer, Judge Hoffer
had made that statement on two direct occaatons. And he
had said that he was not kidding, that that is what he
would do.
BY MR. CUTLER:
o And that is why you consented to this
arrangement?
A Eventually I did, yes.
o And was it during this time frame that you
changed the kindergarten from p.m. to a.m.?
A Yes, it was.
o And explain hhw that occurred, the.switch?
A What had happened was -~ prior to months
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r-
1 boforo CrtlirJ hlld ;)Hkod who'lL r wouLd bll doinl) wLth Brittany,
2 and L told him that Hho wouLd havo to be in day-care
3 bec/lulla of whore r work, I had cI11 Led tho day-cllre center
4 to make the arrongument/l tor hur. And I WilS told at that
5 time that /Ihe wouLd hnve to be in the mornIng, because they
6 did not have p,m. tronaportation to the achooL.
'I Under convonwt LOris that r had had with
8 Craig, r did not feei that that would bo an issue, because
9 he had told me that previously if she went in the morning
10 or afternoon, it didn't matter. He was going to keep her
11 with him on the half of the days that /Ihe was not going to
12 be in school. That wa/l not going to be an issue.
13 So I changed her to a.m. kindergarten
14 because I work outside of this area. I work in York, and r
15 Was able to get her to school in the afternoons.
16 Q But you had previously agreed to a p.m.
17 kindergarten schedule?
19 A No. I did not.
19 Q Why wouldn't the nature of your work allow
20 you to get a p.m. day-care facility?
21 A I am a salesperson. And most of my
22 territory is in York County. So r cannot be available
23 everyday to bring her to school at 1:00 in the afternoon.
24 0 And did Mr. Schilling say why he would be
25 able to -- it didn't matter, that he could have the child
(,9
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1 any day, ho would toko cora of hor? r~ thoro any
2 porticular roo son why he wouLd ~oy thot?
3
A
nocnu~o he 19 saLt-omployod, ond he would
4 jU/:It koop hor wl.th him,
5
o
So hl~ indlciltod thon that he had the
6 flexibility to go eithor WilY?
7
A
Yes, he did.
8
Q
And during the time frame that you made this
9
chanqe, was the Pf'A in effect at: that time?
A Yes, it was.
0 And did part of that Pf'A include no contact?
A Yes, it did.
0 And did that Pf'A grant you, temporary custody
10
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12
13
14 at that point in time?
15
A
Yes, .it dl.d.
16
o
Now, l.n September of this year was there
17 problems in regard to Donovan attending Rice 8lementary?
18
A
Yes. When Mr. Schilling had called in and
19 talked with Mr. Clepper, I came In that morning, because
20 what had happened was Mr. Schilling had Brittany call me
21 that morning. And she had told me she was still in her'
22 pajamas and not ready to go to school.
23 So r had asked hor to put actually Mr.
24 Schilling on the phone, because r had sent him an email
25 several days prl.or to that, indicatl.ng to him that she had
'/0
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1 MH. IIAN~"I'1 Your lIollor, to tho llxtent Lt
2 will move thingll alon'}, wo will concocln thot thero WIII:l an
3 order for genetLe !:tlllt Ln", thllt l}olllltk tOBLing occurred,
4 th.at Mr. SchiLLing WO/l doturmLned t.o not bo excluded IlIl the
5 biological father. And to the extent that they want to
6 continue, that'l:l the Hoadorl:l Digeat verl:lLon.
7 'I'm: COUH'l't Ve ry We L 1.
8 MR. CU'L'LER: In that case, Your Honor, I
9 have Exhibit E, which is the gonetic test results. And I
10 have Exhibit F, which is the order of court regarding that
11 Last.
12 MR. HANFT: Your Honor, we would concede
13 that they say what they /lay, which has been summari:zed by
14 what I said that they aay.
15 THE COUR'I': Very well.
16 BY MR. CUTLER:
17 Q Now, from September 11th of 2002 until
18 approximately October 21st of 2002, how many times did Mr.
19 Schilll.ng contact you regarding custody of Brittany?
20 A He had contacted me approximately fourteen
21 different occasions abbut certain things with Brittany.
22 Q And that was via what form?
23 A I!:mail.
24 Q Now, you have talked abo~t this conduct of
25 Mr. Schilling. What kind of effect has this conduct had on
n
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1 you?
2 A Tt hlHl had II qre/lt effect upon me. r am in
3 fear of my liEa an tho timo. I neV<lr L<lava my home
4 without looking around conaliltltly. I /1m alwoya 100klng to
5 see who is around me, what ia goIng on. 1 fear that, you
6 know, he m&y not do /Iomethlng to me now, but 1 am terrified
7 that II year from now, when maybe people aren't Look.ing at
8 him, he is going to have me murdored. He is going to kill
9 me himself. He ia going to have somebody beat me up, hurt
10 me. He has threatened to do that in the past. And I feel
11 that now that the relationship is finally over that he has
12 nothing to lose.
13 0 And are you seeing a therapiat about these
1.4 concerns?
15 A Yes, ram.
16 Q And what kind of other effects do you have?
17 Do you have trouble sleeping?
18 A Yes, r do.
19 0 Tell us about that.
20 A ,I will go through periods where I cannot
21 sleep at all at night. I may fall asleep for an hour or
22 two, but then that is it. I cannot go back to sleep. I
23 have missed some work due to depression and just anxiet~
24 over what may happen. 1 am a salesperson. r go in and out
25 of people's homes everyday. There are times where -- and
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even my off tee hll/l boun ()lJlllmrnlld Ml to Whlll:hllr or. not it
was n true oppointmftnt, O~ to whuthllr or not this was a
sotup by Craig to hurt mo. And I hove 0 fear of going into
homes sometimes, bocauso L juat om not sure.
Q Po you have any nightmaros or things ll.ke
that?
A r do have nightmarea, yes.
o And what kind of nl.ghtmares, if you can
describe, the kind of things?
A Typically they aro with him screaming at me.
He is going to kill me. He 1/1 going to take everything
from me, ,just things in that nature.
o And when you show up for those custody
exchanges, are you ever fearful during those?
A Yes, r am. Yes, ram.
MR. CUTLER~ That's all r have on direc~,
Your Honor.
CROSS-8XAMINA'rION
BY MR. HANFT:
o Ms. Wetzel,' when did you contact R.ice
Elementary School to have Brittany changed from the
afternoon ~o the morning kindorgarten class?
A I contacted them the Wednesday prior to
school beginning.
Q Do you know what date that was?
"~I)
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1 court orde.r provont il1<] YOlI from cont,lct.inq Mr, SClhiL UnCJ
2 regarding cuatody of his dauqhter?
3
A
No, sir, 'L'here WIlIl not, 1I0wavor, r do
4 listen to my counsel, and [ WIlIl advised not to do 80,
5
o
Old you advise your counael that you were
6 changing her from afternoon
7
8
A
Yes, I did,
o
Did you request that he advise Mr,
9 Schilling's counsel?
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14,
15
16 correspondence?
21
A
0
A
so.
0
Services?'
A
0
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A Yes, r did.
0 Was that done?
A Yes, ,it was.
0 When was it done?
,
A It: was done during that week.
o
Was it done in writing? Did you receive any
And your attorney, being Mr. Lopez of Legal
Yes.
Prior to the -- let me go back. Obviously
25 you were in the courtroom when Mr. Clepper testified, is
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day-carn at; WII/I only on il.m, kLtldClrq.lrt.en,
Q 'l'hllt' a not my 'lllollt;lon,
A t am IlWflre.
0 Very dearly my queation, at the time he
emailed YOll Wall I:loveral months before school started, am I
correc;:t?
5
6
7
r would say maybe about a month and a half,
A
8 I am not certain.
9
Q It was well in advance of school starting,
is that corroct?
"
A Yell.
Q Did YOIJ have your day-care arrangements
already eatablished at that time?
"
A
r already knew what I was going to do with
!1.5 her, yes.
16
o
That wasn't what I said. Did you already
17 have them established?
18
19
A
No, sir, I didn't.
Q
Had Mr. Schilling ever told you ~hat he
20 would agree to move her to the morning kindergarten class?
21
22
A
No.
o
Did you ever discuss with Mr. Schilling
23 either via email, via telephone, at anytime prior to you
24 moving her from the afternoon class to the morning class,
25 that that whs your intention?
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to his state,
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DLd you nloep alone on the floor1
No, Mr. SchillLng curLed up bohind me,
And d l.d, you move" Old you go f1omowhere
No. At that point I wan vary concerned on
And os [ statud, I was in love with Mr,
'I Schilling, and I did care for him. And I was concerned for
8 him.
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Q
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Ma. Wetzel, how many children do you .have?
I have three.
And your first born, is that Kyle?
Yes, it is.
And were you married to Kyle'a father?
Yes, I was.
And how long were you married?
I think two years.
And when you left Kyle's father, what were
18 the reasons you left Kyle's father?
19
Q
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Q
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Kyle's f.ather was an alcoholic and a drug
20 user. And he was never at home. And he was using all of
21 our money for that purpose.
22
o
Did you have concerns that he was going td
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23 kill you when he left?
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No. I did not.
o
Donovan's father, how long were you with
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him?
A We were together for five yearn,
o And whon you lafL llonllvlln'll fllther/ dLcj YOll
havo uoncorhll thot ho won going to kiLL you?
A No. did not,
o Do you ever recaLL advialng Mr. Schilling
that you were acared thot he wouLd come ahoot yo~?
A Thera was one evening that my ox-husband Was
trying to talk with me, and ho did pull II gun. At that
night I wall afraid for my Ufe, but after that no.
o Did you ovor advise Mr. Schilling that you
were concerned that you aro tolling me that Donovan's
father pulled a gun on you, ~nd you were only concerned
that one night?
A I know that gentleman, He was never violent
to me prior to that, He never threatened me prior to that.
I took it as a state of mind at the moment, ,because he knew
that I was leavl.ng.
o When you left that specific gentleman, am r
correct that you moved out while he was at work during the
day?
5
A Yes, I did.
o Did you clean the house out?
A No, sir. I did not. I took only, what I
came with.
BJ
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IW MR. IIAN~"'L'1
o Doell he taka her saiLIng?
A Oh, YUII, lie dOllS do thllt"
o Doell hq toke her to pLaya?
I A Yea.
o The current custody arranQement provides
that telephone calla are to be mode. And I think the
telephone call arr,1ngemnnt, I believe, was a result of
there was II small time frame that you were available
because you were working at Little John's, is that correct?
A Yes.
Q And you are no longer working at Little
John's, is that correct?
A That's correct.
Q ~or custody purposes last year at Christmas,
and I am not talking what you wanted~ what did you actually
db last year for Christmas with Brittany?
A rn regards to who had her on Christmas Bve?
Q Start the weekend before Christmas and go
through the weekend after Christmas.
A I don't recall what happened the weekend
before Christmas, I don't. Last year I did have her on
Christmas Eve. And then he came and picked her up and then
took her to Philadelphia.
Q And was it just Craig and Brittany?
B?
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A No. Donovan accompllnLod tham.
o So Donovan want a/l wall, And how long ware
they in Philadelphia?
A I om not certain, t don't recall,
Q If I toLd you it was four days, three
nights, would you hava any reason to diaagree wl.th that?
~ No.
0 And that was a trip to Philadelphia?
A Yes,
Q If r told you that the weekend before you
had gone up to Connecticut to be with your family, would
that be an appropriate statement?
A It is possible.
o You don't recall what you did before
Christmas last year with your family?
A No, I don't. Because the weekends change
periodically as to when they have their Christmas party.
That's why I go to Connecticut.
o But you don't recall what you did last year
for Christmas?
A
o
A
At this very moment, sir, no, I do, not.
You work in York, correct?
That is where my office is based out of,
yes.
o I think you said you were a salesperson and
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o Tho YOllr beforo thLII your, aho went to
Bethel ChrLati~n?
^ Yea,
o And thia yeilr YOll Ilnd Croil) aC/raGd to /lend
her to LUca, tlln I: rlornmt. on th/lt'?
A Yea,
Q And that waa 0 decision that you both made,
am I correct on that?
^ Yes.
Q And sending her to Bethel Christian Waa alaa
a decision that both of you made, am I correct?
A He' act~ally had III ready contacted Bethel and
wanted to enroll her, and then just contacted me and aaid
that's what he wanted to do, and r agreed to that.
Q So you consented -- there was discussion
A There was discussion after he had already
initiated it. But then r agreed to it, yes.
THE COURT: Mr. Hanft, t am goIng to take a
break now. We have a luncheon appointment outside the
office. It should be fa..irly brief. r hope to be able to
resume at 1:15. So..if you will hold that thought.
Thank you, ma'am.
(Whereupon, lunch recess WilS taken
from 12:00 p.m. t.o 1:15 p.m.)
AF'fER HEr.ESS
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A Dha hna boon qoLnq to dny-cBru -- aha hna
blll9n in II (Jny~cnr<! conter al.nuCl I wont bil<lk to work, Oha
~lOlI a lWllya l)llon In II dny-chl ro <lontor wI th thu lj)\Clopt Ion of
obout II month illlll II tllll!: to two monlha Iflat HlIIIl/ner Whlltl l
wos at homo and I kept hor.
Q ^m r correct to ailY thot ahe was never
enrOlled in a formal day-care program for the weeka that
Mr. Schilling had custody of her?
A She has been onrol1ed during the weeks that
Mr. Schilling has had custody of her, yes, she has.
Q Did you and Mr. Schilling have an agreement
with regard to what would happen for day-care purposes with
Brittany for the 2002, 2003 school year?
A He had indicated to me what he would like to
do with her. I had told him that I would need to be
putting her into Childtime day-care for the half of the
days that she would not be in kindergarten.
o Let me as k you the quest ion, because I am
not sure you answered it. Did you and Mr. Schilling have
an agreement as to --
A I would not consider that an agreement, no,
sir.
0 You would not consider what --
A You /Iro a/lk.1nq whether he ilnd r had entered
into some sort: of an i1qroomont rlEl far as the day-care of
n
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Q /10 Lt. ill Y'Hlr l:ullU/IIOtly thot hl1 nnvnr
offored to --
A lie hlld ,"lId<l llllrtllln -- tho orlU thLnlj thllt
Mr. Bchl.LLinlj douII do LII ho wilL milko on ofrur, ond theri hll
wil L retract i.t lutur HI1~',in<J aO/llothi.ng dl.rfor<lnt. 1119 has
done both of tholle things. My tuat undorlltandLn<J was that
he would be keeping her wLth him during hill weaks at 1111
times when she was not in /Ichool, and that r would need to
find arrangements for her during my week/l. At which time I
told him she would be attending Childtime.
Q And it is your testimony that at leaat the
last time that you think there was either an offer or a
revoked offer, whichever tho caRe may be, that him watching
Brittany during your weeks was not discussed, not on the
table?
5
A r am not going to say that it was not
discussed. But anything, if r -- anything that was
discussed was prior to the criminal charges and the PFA
order that was placed into effect. 'L'he PFA order changes a
lot of things. But r never said that he could keep her
during my wlleks for the half day.
Q And it i/l your position that he should not
keep her l.f he is available?
A That'R how r feel. YO/l. That is how r
feel.
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A Thoro was a convurHHLlon thilt took
pLace -- KyLa was atrugqling wLth achooL. Kyle struggles
wlth my relatLonshlp with Crolq, bocauae of th~ abuse that
Mr, SchiLling has dealt out to mo. KyLe wl.ahed that they
could somehow eatoblish a closar relationship, yes.
Q And isn't it true that that was as a result
of Mr. Schilling working with Kyle for purposes of working
on achool work in addition to other things?
A No. No, /Iir. Mr. Schilling was ever
involved in one family conversation involving Kyle. And
that was as far as it went.
Q And am I correct that that discussion
centered on the fact that they wanted -- at least Kyle
wanted to develop a better relationship, because there was
discussion of him potentially not being allowed to be in
the same school that he was in and other issues of him,
maybe being sent away?
^ There was that conversation, but the
conversation did not focus around Kyle and Mr. Schilling
having a better rolationship. That was a very small aspect
of that conversation. rt was something Kyle stated that he
would like to have, because at that time it seemed as
though Mr. Schilling and I were going to try and work out
our relationship. And it was a very large struggle for
Kyle, his feelings toward Craig and the abuse that I
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racnivod from crlliq.
0 1)0 you f.eal you are 0 g09d tIIothur tl,l
Brittany?
A A very good mother, yes,
Q 1)0 you feel Craig is 0 good father. to
Bri t tany?
A I cannot an/lwor that question, I do not see
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8 them together.
9
o
Do you know if. Mr. Schilling works with
10 Br.ittany on her. school work?
11
A
I do not know that.
12
o
Do you know if Mr. Schilling carrieD out
13 other 'parental responsibilities with Brittany other than
14 taking her places and taking her to school?
15
1\
Sir, r have no relationship with Mr.
16 Schilling of any sort, so I do not see his l.nteractions
17 with Brittany, so I cannot answer that.
18
Q
So all that Brittany tells you when she
19 comes back from her week with Mr. Schilling is that he says
,
20 all those bad things about you, she doesn't say anything
21 good about Mr. Schilling?
22
A
I speak with Brittany every day. And when I
23
ask her what did you do today, all sorts uf things are the
"
24 responses that I get. And I say what types of thl.ngs, and
25 she will say I don't remember. Now, r will ask her again
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workhll& IiiI' the purpuNe of hu\'lnl! un mldhllllllll period of eUNludy wllh the chilli, The futher
Nhull Mum the child tu Ihe duy Ctlre center h)' 5::l0 p.m, ur by Nuch curlier lime us Is neceNNury to
tllcllltute pick-up by the mother, In the evenlthe mUlher pluns 10 remove the child from duy cure
during the l11uther's rcgulur periuds l)fCUsloJy.the l11uther shull notify the futher of her intention
in ndvunce lu uvuid u scheduling connict under this purugruph,
c, Chrlslmus - In udd-nul11bered yeurs. IlIther shull huve cusludy from 1 :00 p,m, on
Christmus Duy until 8:45 u,m. un December :lO'h, Muther will huve custudy from 12:00 noon on
Christl11us Eve unllll :00 p,m, on Christmus Duy, In even-nul11bered yeurs, tbe mothel' will huve
custody Ihlln 1:00 P,I11, on Chrlsll11us Duy unlil 8:45 u,m, on December 30tl', The lllther will
huve custody from 12:00 noorl un Chrislmas Eve untlll :00 p,m, on Chrislmus Duy,
d, Alternating Holidays - The purtlcs shnll ulternute having custody of the child on the
1()lIowing holidays beginning with Ihe lllther huving custody of the child on Fcbruary 23, 2003:
New Yeur's, the child's bit1hduy (February 2:lt~), Easter. Mel110rial Day. July 4'h, tubor Duy, and
Thanksgiving, With the cxceplion of the child's birthduy. the holiduy period shall begin at 5:00
p,m, on the day before the holiday and end at 7:00 P,I11, on the holiduy, unless the day following
the holiday is u rcgulur day cure duy in which cuse the party with holiduy custody shall retain
custody und return the child to duy l:ure the 1()lIowing day, In the ewntthe duy 1()llowing the
holiday is also u reguhlr pcriod ofcuslody for the purly with holiduy cllstody. the purty shull
retain custody of the child through the end of the regulur period of cu~tody, The purty who does
not have custody of the child on her birthduy under this provisiorl shull huve u period of custody
on either the duy bel()re or the duy uncI' thc child's birthduy attlJUt purty's option,
e, Mother's Duy/Futher's Duy - The 1110ther shall haw custody of the child every year on
Mother's Duy from 9:00 U.I11, unlilthe I(lllowing Monduy morning when the mother shall return
Ihe child 10 duy cure. The Ihther Nhull huw cUNlody uflhe chilli ewry yeur on FUlher'N I>UY from
9:00 U,I11, unlllthe liJllowlng Munduy morning when thc Ihlhcr ~hulI rcturn the child to duy curc,
3. Any exchungc~ which do noloccur ullhe duy cure cenler ~hullluke pluce ulthe Eul'n
Purk RCNlllUnlnlloculcd on Ihe Cllrllsle Pikc in Mcchunic~hur!!, Suid exchun!!e~ slmlloccur us
deNcrlhed In puru!!ruph 2(u) ubow, In the cwntlhc EUI'nl1urk Is c1ll1lcd. Ihe CXclHIIl!!eS will
occur Ihere nllllelheleNs with Ihe parly dropplnllol1' thc child remalnln!! ul his or her whicle, The
parly recc\vin!! Ihe child I11UY CXillhc whicle 10 openlhc door bUI wlllnol approach Ihe vehicle
of the ulher Plll'ty,
4, Durin!! Ihc sUl11l11er hreak from schoolund 10 OCC0l111110dule vocollons. eoch porly sholl
he enlitled 10 hove IWO uninlerrupled bUlnonconsecutivc <lI1e-wcek periods of custody upon
providing Ihirly doys' odvonce nOllce to the other porly, Inlhc cvcnllhotthere is 0 conl1lcl
between this provision ond the holidoy schedule or hetwecnthe rcgulur weekly schedulc ond the
holiday schedule. the holidoy schedule sholl toke precedence.
5. When luther hns cllstody. thc child shull contoctl11other by telephone dolly, When
molher has cuslody. the child sholl contucllluher by telephone duily, The culls under Ihis
provision sholl bc made 10 both purties' cell phones.
6, Any olher terl11s and conditions of the ordcr of Oclober 7. 1997. which are not
inconsislenl wilh Ihis order. shall remain in full force ond effect.
BY THE COURT.
working lor Ihe purpose of havhlg un addlllonal period or cuslody wllh Ihe child, The lillher
shull relUnllhe chlhllolhe day cure cenler by 5:30 p,m, or by such curlier time UK Is necessary 10
facBllule pick-up by Ihe mother, In the cventlhe l1Iolher pluns 10 remove the child from duy care
during Ihe mother's re\lulur periods of cu~tody. Ihe mother shull notify the futher of her Inlentlon
In advunce 10 uvold u scheduling conlllctunder this purugruph,
e. Christmus -In odd-numbered yellls, futher shull huve custody from 1:00 p,m, on
Chrislmas Duy unlil 8:45 u,m, on December 30''', Mother wBl huve custody 1'1'0111 12:00 noon on
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Chrislmas Eve until 1:00 p,m, on Christl1lus Dny, In even-numbered yeurs. Ihe mOlher will have
euslody from I :00 p,m, on Christmus Duy until 8:45 u.m, on December 30''', The luther will
have custody from 12:00 noon on Christmas Eve untill :00 p'm' on Chrisullus Ony.
d. Altemuling Holidays - The purties shull ultcrnute having custody of the child on Ihe
following holiduys beginning with the futher huving custody of the child on Februury 23. 2003:
New Year's, the child's birthday (February 23'0), Euster, Memoriul Ouy, July 4'11, Lubor Day. nnd
Thanksgiving. With thc cxception of the child's birthday, the holiday period shull begin a15:00
p.m, on Ihe day before the holiduy und end at 7:00 p,m, on the holiday, unless the day following
Ihe holiday is a regular duy cure day in which case the party with holiday cuslody shall relain
cuslody and return the child 10 day care the following day. In the event the day following Ihe
holiday is also a regulur period of custody for the parly with holiday custody, the party shall
relain cuslody of the child through the end of the regular period of cuslody, Thc party who does
not have custody of Ihe child on her birthday under this provision shall have a period of cuslody
on either the day before or Ihe day after Ihe child's birthday at thai party's oplion.
e. MOlher's Oay/Fnlher's Day - Tbe mother shall have cuslody oflhe child every year on
MOlher's Day from 9:00 n,m, untilthc following Monduy I11llrning when the mother shall return
"
lhe child 10 day cnre. The lillher sholl hove cuslody 01'11\1: child every year 011 Father's Day from
9:00 a.m. undllhe following Monday morning whelllhe falher shull relUrn lhe child to day cure.
3. AllY exchungcs which do nnt occur lit the duy cllre ccntcr shull luke place utlhe EIII'n
Pnrk R.:stuurunllocuted onthc Curlisle Plkc In Mechunlcsburg, Suid exchunges shull occur us
describcd ill puragruph 2(u) ubovc. (nthe event the Eut'n Ilurk Is closed, the exehunges will
occur there llonetheless with lhe purty dropping off the child remulnlng ut his or her vehicle, The
porty receiving the child muy exit the vehicle to openlhl! door but 1'111I not approuch the vehlclc
of the othcr purty.
4, During thl! summer breuk from school und to uecommodatl! vucations, cach porty sholl
be entitll!d to huve two uninterrupted but noneonsccutiw one-week periods of custody upon
providing thirly days' advance nolicl! to thl! other purty, In the eventthutthere is u conflict
betwecn lhis provision and the hollduy schl!dull! or between the regulnr weekly schedule and the
holiduy schl!dule, the holiduy schedule shulltakl! precl!dence,
5, When fathl!r hus custody. the child shall contact mother by telephone daily. When
mother has custody, the child shall contact lather by tclephone daily, The calls under this
provision shall bl! madl! to both parties' cell phonl!s.
6, Any other terms und conditions of the order of October 7, 1997, which are not
inconsistent with this order, shall remain in full torcl! and effect.
BY THE COURT,
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working for the purpose of hllvlng an Bddilionlll period of custody with the child. The father
shllll return the child to the day care center by 5:30 p.m. or by such earlier time as is neccslllll')lto
facilitate pick-up by the mother. In the event the mother plans to remove the child from day care
during the mother's reguJr.l periods of custody, the mother shall notify the father of her intention
in advance to avoid a scheduling conllict under this paragmph.
c. Christmas. In odd-numbered yelllS, father shall have custody fTOm I :00 p.m. on
Christmas Day until 8:45 a.m. on December 30"'. Mother will have custody fTOm 12:00 noon on
Christmas Eve until I :00 p.m. on Christmas Day. In even-numbered YCIIIS,the mother will have
custody from 1:00 p.m. on Christmas Day until 8:45 a.m. on Dccember 30"'. The fllther will
have custody from 12:00 noon on Christmas Eve until 1:00 p.m. on Christmas DBY,
d. Alternating Holidays - TIle parties shalllllternate having custody of the child on the
following holidays beginning with the father having custody of the child on February 23, 2003:
New Year's, the child's birthday (February 23rd), Easter, Memorllll Day,luly 4"', Labor Day, and
Thanksgiving. With the exception of the child's birthday, the holiday period shall begin at 5:00
p.m. on the day before the holiday and end at 7:00 p.m. on the holiday, unless the day following
the holiday is a regular day care day in which case the party with holiday custody shall retain
custody and return the child to day care the following day. In the event the day following the
holiday is also a regular period of custody for the party with holiday custody, the party shall
retain custody of the child through the end of the regular period of custody. The party who does
not have custody of the child on her birthday under this provision shall have a period of custody
on either the day before or the day after the child's birthday at that party's option.
e. Mother's DaylFather's Day - The mother shall have custody of the child every year on
Mother's Day from 9:00 a.m. unlillhc following Monday morning when the mother shall return
the child to day care. The Iilther shall have custody ofthe child every year on Father's Day from
9:00 a.m. until the followilll! MondllY moming whcn the lilthcr shull return the child to day carc,
3. Any exchanges which do not occllr lit the dill' care centcr shall take place at the Eat'n
Park Restllumntlocated on the ClIIlislc Pikc in Mcchunicsburg, Suid exchunges sbull occur us
described In pumgmph 2(a) uoove. fnlhll cvent the Ellt'n Pork is closed, thc exchanges will
occur there nonctheless with the pllrty dropping off the child reJl\Iuning at his or her vehicle. The
party receiving the child may exit the vehicle to open the door but will not opprouch the vehicle
of the other party,
4. During the swnmer brenk fTOm school and to accommodate vacations, each party shall
be entitled to huve two uninterrupted bUlnonconseculive lme-week periods of custody upon
providing thirty days' advance notice to the other party. In the event that there is 0 conflict
between this provision and the holiduy schedule or between the regular weekly schedule and the
holiday schedule, the holiday schedule shall take precedence.
5. When father has custody, the child shall contact mother by telephone daily. When
mother has custody, the child shall contact father by telephone daily. The calls under this
provision shall be made to both parties' cell phones.
6. Any other terms and conditions of the order of October 7, 1997, which are not
inconsistent with this order, shllll remain in full force and effect.
BY THE COURT,
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(I) 'llle mlnur child 1 llrltlul1l' Murlc Schlllhll!, hus vulccd hcr dcslre to lhll
lllllimdllntlo IIhcrnute the holllhl)' or IlullollcCl1l1K III her holldu)'K,
7) l>el\:ndul1t hllllll!nured the rcljucstlland de~lrcs IIrhllth the I'lullltlll'und IIlc
Mlllllr child. lIrltllln)' Murle Schlllilll!'
8) 1115 In thc hcst IntcrCKlllr the mlllllr chlld.lIrhluny Murle Schllllnl!, that hcr
iii\: rclllllln us unehulIl!ed liS posslhle ulld she rcceive eljUIIlllme with both of
hcr parenL~,
"
WHEREFORE, Petllloner rcljue~ts thut thc Court modify lhe exlsling Order of
Court 10 include Ilallowcen ollaltemallnl! )'elllS, lhls year being a yeur that the
minor child, I3rltlWlY Mllrie Schlllllll!, spends with PlnintiO' and subsequently
followlnl! the currenl schedule of odd years with Plaintiff and even years
with Defendant.
Respectfully submitted,
Dale: I b!1)OL!
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CRAIO SCI/ll.l.INO,
PlalntllT
VB,
IN TIIIl COURT OF COMMON PLEAS OF
CUMllERLAND COlJNTY,l'HNNSYL VANIA
97-4616 CIVIL
CIVIL ACTION - LAW
IN CUSTODY
ORDER
KA llJERlNB M. WETZEL,
DefcndWlt
AND NOW, thIs
q." day of February, 2001, after hearing, thc order of this court
ot-October 7, 1997,ls modified and it is ordered and dJrccted as follows:
I. Thc father, Cmlg Schilling, and the mother, Katherine M. Wetzel, shall have shared
legal custody ofBrlttany Marie Schilling, born Febllllll}' 23, 1997.
2. The parties shllll shure physical custody of said child in accordance with the following
schedule:
\"c
, .
. .'
a. Physical custody of Brittany shllll alternate between the parties on a weekly basis,
Custody exchanges will take placc every Monday at 8:45 a.m. and the party relinquishing
custody shall !mnsport the child to school. In the e\'ent that there is no school on Monday, the
child shall be returned to the day cure center used by the mother. If the school and day care
arc closed, the exchange shall take place at the Eat'n Park Restaurant located on the Carlisle Pike
in Middlesex Township, During excbanges at the Eat'n Parle: Restaurant, mother shall remain
inside the restaurant and father shall remain at his car during the exchange, In the event the child
cannot attend school due to illness, the parent relinquishing custody shllll contact Pam Blessing
(or if she is unavailable, another third party adult) who will make arrangements for exchange of
custody to the other parent.
b. The father shall be entitled to go to the child's day care center or remove the child
from day care during the mother's regular periods of custody at times when the father is not
working fur the purpose of hllvhlH all additional period of custody with the child, 'Ille father
shall return the child to the day carll center bl' 5:30 p,m, or Ill' such earlier time a., Is necessary to
facilitate pick-up by the mother, In the event the l\lother plans to remove the child from dal' care
durlRlJ the mother's regular perlodN of custody, thc mother shall notify thll father of her Intention
In advance to ovoid aschedllling conlllctunder this paragraph,
c, Christmas - In odd-numbered years, father shall have custody from 1:00 p,m, on
Chrlstmns Day until 8:45 a.m, on December 30lh, Mother will have custody fTOm 12:00 noon on \'\.
Christmas Eve until 1:00 p,m, on Christmas Day. In even-numbered YCIIIS, the mother will have
custody from 1:00 p.m. on Christmas Day until 8:45 a.m, on Dccember 30"'. The father will
have custody from 12:00 noon on Christmas Eve unlll 1:00 P,l\l, on Christmas Day.
d. Alternating Holidays. TIle parties shllll allernate having custody of the child on the
fOllowing holidays beginning with the fother haVing custody of the child on February 23, 2003:
New Year's, the child's birthday (February 23rd), Easter, Memorial Day,luly 41h, Labor Day, and
Thanksgiving, With the exception of the child's birthday,the holiday period shall begin at 5:00
p,m. on the day before the holiday and end at 7:00 p.m. on the holiday, unless the day follOwing
the holiday is a regular day care day in which case the party with holiday custody shall retain
custody and return the child to day care the following day. In the event the day following the
hOliday is also a regular period of custody for the party with holiday .:ustody, the party shall
retain custody of the child through the end of the regular period of custody, The party who does
not have custody of the child on her birthday under this provision shall have a period of custody
on either the day before or the day after the child's birthday at that party's option,
c. Mother's DaylFather's Day - Thc mother shall have custody of the child every year on
Mother's Day from 9:00 a,m, until the following Monday morning when the mothcr shall return
; 11,4 It
CRAIO SCIIII.I.INO,
Plnlnlift.
VN,
IN TIlE COllin OF COMMON PI.EAS OF
ClJMUliIU.ANI) CC)IINTY, PIiNNSYLV ANIA
97-4616 CIVIL
CIVIL ACTION. r.A W
IN CUSTODY
KATHERINE M. WETZEL,
Defendant
AND NOW, this
ORDER
'+" day of February, 2001, aftt:r hearlng,the order of this COUrt
of October 7, 1997, Is modified and it is ordered and directed as follows:
~'\.
I. The father, Craig Schilling, and the mother, Katherine M, Wetzel. shall have shared
legal custody of Brittany Marie Schilling, born February 23, 1997.
2. The parties shllll share physical custody of saJd child In accordancc with the following
schedule:
a, Physical custody of Brittany shall alternate between the parties on a weekly basis.
Custody exchanges will take place every Monday at 8:45 a.m. and the party relinquishing
custody shall transport the child to school. In the event that there is no school on Monday, the
child shllll be returned to the day care center used by the mother. If the school and day care
are closed, the exchange shall take place at the Eat'n Park Restaurant located on the Carlisle Pike
in Middlesex Township. During exchRl1ges at the Eat'n Parlt Restaurant, mother shall remain
inside the restaurant and father shall remain at his car during the exchange. In the event the child
cannot attend school due to illness, the parent relinquishing custody shall CQntact Pam Blessing
(or if she is unavailable, another third party adult) who will make armngernenls for exchange of
custody to the other parent.
b. The father shall be entitled to go to the child's day care center or remove the child
from day care during the mother's regular periods of custody at times when the father is not
----..,.. '.,
,
wotklnll for thll purpose of hllvillll an additional period of CUslodl' with the child, 'Ille father
shall return the ehlld to the day care center by 5:30 p,m, or by such earlier tlmc WliN lIecessary to
facilitate piek-up by the mother, In the event the mother plans to remove the child from day care
durlngthe motJler's rellulnr periods of cllstody, the mother shall notify the fother of her intention
In advance to avoid a schedulinll conflict under this paragroph,
c, Christmas - In odd-numbered yelllS, father shall have custody from 1 :00 p,m. on
ChrlstmWl Day until 8:45 a.m, 011 December 30"'. Mother will have custody from 12:00 noon on
Christmas Eve untH 1:00 p.m. on Christmas Day. In even-numbered YeBr:l, the mother will have
custodl' from 1:00 p,m. on Christmas Day until 8:45a.m. on December 30"'. The father will
have custody from 12:00 noon on Christmas Eve until I :00 p,m. on Christmas Day,
d, Alternating Holidays - The parties shalllllternate having custody of the child on the
following holidays beginning with the father having custody of the child on February 23, 2003:
New Year's, the child's birthday (Febroary 23rd), Easter, Memorial Day,luly 4"', Labor Day, and
Thanksgiving. With the exception of the child's birthday, the holiday period shall begin at 5:00
p,m. on the day before the holiday and end at 7:00 p,m, on the holiday, unless the day following
the holiday is a regular day care day in which case the party with holiday custody shall retain
custody and retun! the child to day care the following day, In the event the day following the
holiday is also a regular period of custody for the party with holiday custody, the party shall
retain custody of the child through the end of the regular period of custody, The party who does
not have eustody of the child on her birthday under this provision shall have B period of custody
on either the day before or the day aftc.'r the child's birthday at that party's option,
e. Mother's DaylFBther's Day - The mother shall have custody of the child every year on
Mother's Day from 9:00 a,m, until the followinll Monday moming when the mother shall return
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CRAIG SCHILLING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 24H. CIVIL 'qW1
KATHERINE M. STRAIT, 3 -:
Defendant IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW comes the Plaintiff, Craig Schilling, by his attorneys, Irwin & McKnight,
P.C., and presents the following Complaint for Custody.
1.
The Plaintiff, Craig Schilling, is an adult individual with an address of 6 Cardinal Drive,
Carlisle, Cumberland County, Pennsylvania 17015.
2.
The Defendant, Katherine M. Strait, is an adult individual with an address of 355
Greenhouse Road, Dillsburg, Pennsylvania 17019.
3.
The Plaintiff seeks custody of the following child:
Name Year of Birth Age Date of Birth
Brittany M. Schilling 1997 14 2/23/1997
The child is presently in the primary physical custody of the Defendant, Katherine M.
Strait, who resides at 355 Greenhouse Road, Dillsburg, Pennsylvania 17019.
The mother of the child is Katherine M. Strait, currently residing at 355 Greenhouse
Road, Dillsburg, Pennsylvania 17019. She is not married to the Plaintiff.
pGf LTG !iv A441
161,#-,!-w `?S`l
The father of the child is Craig Schilling, currently residing at 6 Cardinal Drive, Carlisle,
Pennsylvania 17015. He is not married to the Defendant.
4.
The relationship of Plaintiff to the child is that of Father. The parties are subject to Order
of Court dated May 4, 2004, a copy of which is attached and marked as Exhibit "A."
The Plaintiff currently resides with the following persons:
Name Relationship
Brittany M. Shilling Daughter
5.
The relationship of Defendant to the child is that of Mother.
The Defendant currently resides with the following persons:
Name
Daniel Strait
Brittany M. Schilling
Donavan Wetzel
Relationship
Daughter
Son
6.
The Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
The Plaintiff has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth of any other state.
The Plaintiff does not know of a person not a party to the proceeding who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7.
The Plaintiff seeks a custody evaluation by Deborah L. Salem,of Interworks to determine
whether Brittany should spend more time with him and complete her schooling at her current
4
school in South Middleton School District. The best interest and permanent welfare of the child
will be served by granting the relief requested because such relief will be in the best interest and
permanent welfare of the child.
8.
Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action.
WHEREFORE, the Plaintiff, Craig Schilling, respectfully requests that he be awarded
primary physical custody and shared legal custody of Brittany M. Schilling, as provided herein,
and that the parties engage in a custody evaluation with Deborah Salem of Interworks.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By:
Marcus jA.1V[c bt, III, Esquire
Attorney for Plaintiff
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I. D. No. 25476
Date: March 10, 2011
5
CRAIG SCHILLING ; IN THE COURT OF COMMON PLEAS OF
I'laitttill' ; CUMBERLAND COUNTY, PENNSYLVANIA
vs, 07.4616 CIVIL AC"PION LAW
KATHERINE M. WETZEL
Defendant ; IN CUSTODY
AND NOW, this Y' day of . e2gi , 1004, upon
consideration of the attached Custody Conciliation Report, it is o(dered and directed as follows;
1. The parties shall submit themselves, their minor Child, and any other individuals deemed
necessary by the evaluator to a custody evaluation to be perfornied by a profcssfonal in the office of
Arnold Shienvold, PhD or, in (lie event of a conflict, by Pauline Wallin, PhD. The purpose of the
evaluation shall be to address conflicts which have arisen with regard to the custody situation and to
obtain independent professional recommendations concerning ongoing custody arrangements which
will best serve the needs and interests of the Child. Each party shall he responsible to pay all costs
associated with sessions in which he or she (or a member of his or her household) participates and
sessions to which each party transports the Child for evaluation. All other costs associated with the
evaluation shall be divided equally between the parties.
2. Both parties shall contact the evaluator to schedule the initial sessions as promptly as
possible and cooperate in completing the evaluation process in a timely manner.
3. Pending further Order of Court or agreement of the parties, the prior Order of this Court
dated February 7, 2003 shall continue in effect with the following modifications:
A. The custodial parent shall ensure that the Child contacts the noncustodial parent by
telephone at least two times each week.
B. The Mother shall retain custody of the Child after her regular weekend periods of
custody through Memorial Day and Labor Day at 7:00 pm.
C. Pursuant to, provision 3 in the prior Order of Court, the parties shall exchange
custody of the Child at the Hess gas station on North Hanover and Clay streets in
Carlisle rather than at the Eat n Park Restaurant.
d. Within sixty days of receipt of the custody ovuluutor's written recomnendritions, counsel for
either party or a party pro se may contact the conciliator to schedule an additional custody conciliation
conference, ifnecessary,
5, This Order is entered pursuant to an agreement of the parties at u Custody Conciliation
Conference,
BY THE COURT,
KcVin Hess J.
ce;raig Schilling, Father
,,gradlcy L, Griffte, Esquire - Counsel for Mother
it ? ,
VERIFICATION
The foregoing document is based upon information, which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
Date: b),
CRAIG SCHILLING IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANd
-1U3 7r-
V. r7
1997-4616 CIVIL ACTION LAW is... --
u?
KATHERINE M. STRAIT
IN CUSTODY ?? -
DEFENDANT ;.,7 7
ORDER OF COURT
AND NOW, Tuesday, March 15, 2011 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at_____ 39 West Main Street, Mechanicsburg, PA 17055 on - Tuesday, April 19, 2011 at 3:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunda Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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CRAIG SCHILLING,
Plaintiff
V.
KATHERINE M. STRAIT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW :
„
. -
NO. 97-4616 CIVIL TE
. IN CUSTODY
=cc ?-.i
ORDER OF COURT
AND NOW, this ZT day of 2011, upon consideration of
the Petition for Special Relief filed by the Plaintiff/Petitioner, the Defendant/Respondent,
Go+.ta..?+?"
ander ljd..ao' ef
mi?ner-c1i1'
Katherine M. Strait, is ORDERED.to rem-the
plai
emrt-ewchm .6y i/
By the Court,
cc: ? Marcus A. McKnight, III, Esq.
Attorney for Plaintiff/Petitioner
? Bradley L. Griffie, Esq.
Attorney for Defendant/Respondent
4 - 4AL, -
A. Hess, President Judge
CRAIG SCHILLING IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
CUMBERLAND COUNTY
PENNSYLVAA -,
-j
,
V. `: c7 -s3*t
1997-4616 CIVIL ACTION LAW C)°
..mow c?
1
KATHERINE M. STRAIT ' C- "' '
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, August 02, 2011 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 _ on Thursday, September 01, 2011 _ at 2:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunday, Esc _
Custody Conciliator
r
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(6e Telephone (717) 249-3166
r i` e
?ee ,,rd /l cj ?/07'k
4
CRAIG SCHILLING, IN THE COURT OF COMMON PLEAWF,-,
Plaintiff CUMBERLAND COUNTY, PENNSY
9A1A
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rn
Vs. :;o
: 1997-4616 CIVIL ACTION -LAW a rn
?2> N 3'
KATHERINE M. STRAIT C:)- n
Defendant IN CUSTODY
ORDER OF COURT
On this ;nd day of , 2011, upon presentation and consideration of
the within Petition, IT IS HEREBY ORDERED AND DIRECTED that
AwA?C?4 is hereby appointed as counsel for the child at issue in these
proceedings, Brittany Marie Schilling, born February 23, 1997.
The Court reserves determination as to responsibility for fees for named counsel.
By the Court,
Cc: 'Marcus McKnight, III, Esquire
Attorney for Plaintiff
Bradley L. Griffie, Esquire
Attorney for Defendant
Kevin . Hess, President Judge
its
I?
Q
CRAIG SCHILLING
Plaintiff
vs.
KATHERINE M. STRAIT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1997-4616 CIVIL, ACTION LAW
Defendant : IN CUSTODY
ORDER OF COURT
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AND NOW, this / day of per. r4..4r 2011`<upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall resume sharing physical custody of the Child in accordance with the
February 7, 2003 Order beginning with the Father having custody on the evening of September 1,
2011. The parties shall make arrangements for the exchange to take place at either the Child's
counselor's office or a mutual friend's residence. If neither one of the those arrangements is feasible
after a diligent effort, the Mother shall take the Child to the Father's residence.
2. Pending further Order of Court or agreement of the parties, the prior Order of this Court
dated February 7, 2003 shall continue in effect.
cc:
'Marcus A. McKnight Esquire III - Counsel for Father
'Bradley L. Griffie Esquire - Counsel for Mother
MaiJual
BY THE COURT,
CRAIG SCHILLING
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
1997-4616 CIVII. ACTION LAW
KATHERINE M. STRAIT
Defendant
Prior Judge: Kevin A. Hess
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Brittany M. Schilling February 23, 1997 Mother/Father
2. A custody conciliation conference was held on September 1, 2011, with the following
individuals in attendance: the Father, Craig Schilling, with his counsel, Marcus A. McKnight III
Esquire, and the Mother, Katherine M. Strait, with her counsel, Bradley L. Griffie Esquire.
3. The Father filed this Petition for Contempt alleging that the Mother has withheld custody of
the Child during the Father's alternating weekly periods of custody since June 2011. This Court
entered an Order on the Father's Petition for Special Relief on July 29, 2011 ordering the Mother to
abide by the February 7, 2003 Order under penalty of Contempt. The Father indicated that he does not
oppose the Mother having custody of the Child during the summer as she is not working and he is busy
at work but indicated that he advised the Child that he required that the alternating weekly schedule
resume at the beginning of school. In light of the Court's July 19, 2011 Order, the parties agreed to
transfer custody of the Child from the Mother to the Father for his regular alternating week on the
evening of the conciliation conference as reflected in the attached proposed Order.
Date Dawn S. Sunday, Esquire
Custody Conciliator
CRAIG SCHILLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYWANIA ,
vs. 1997-4616 CIVIL ACTION - LAW r?''e3z.r- ?-n
?? ror
KATHERINE M. STRAIT IN CUSTODY ?"`? ?v
- z> ate;
?
Defendant -`arc=,
PETITION FOR EMERGENCY RELIEF
PURSUANT TO PA R.C.P. SECTION 1915.13=
AND NOW comes Petitioner, Katherine M. Strait, by and through her counsel, Bradley
L. Griffie, Esquire and the law firm of Griffie and Associates and petitions the Court as follows:
1. Petitioner is the above named Defendant, Katherine M. Strait, (hereinafter
"Mother") an adult individual currently residing at 704 Forge Road, Carlisle,
Cumberland County, Pennsylvania, 17015.
2. Respondent is the above named Plaintiff, Craig Schilling, (hereinafter "Father")
an adult individual currently residing at 6 Cardinal Drive, Carlisle, Cumberland
County, Pennsylvania, and who is represented by counsel of record, Marcus A.
McKnight, III, Esquire, of Irwin & McKnight, P.C., 60 West Pomfret Street,
Carlisle, PA, 17013.
3. The parties are the natural parents of one child, namely, Brittany Marie Schilling,
(hereinafter "child") born February 23, 1997.
4. The parties are subject to an Order of Court dated February 7, 2003, and an Order
dated May 4, 2004, and May 16, 2011, copies of said Orders being attached
hereto and incorporated herein by reference as Exhibit "A" and Exhibit "B," and
Exhibit "C" respectively.
5. The parties are also subject to an Order of Court dated July 29, 2011, which was
entered upon the filing of an Ex Parte Petition for Contempt by Father herein. A
Ck?3839
copy of said Order and said Petition is attached hereinto and incorporated herein
by reference as Exhibit "D".
6. Based upon the filing of the Petition for Contempt, a Conciliation Conference was
held on Thursday, September 1, 2011, at 2:00 p.m., before Custody Conciliator,
Dawn S. Sunday, Esquire.
7. At the time of the Conciliation Conference, Father confirmed that the child has
been principally residing with Mother through the summer and that he acquiesced
to this arrangement because the child agreed to attend counseling sessions with
him, and because of his busy work schedule during the summer vacation months.
8. The child was in Father's custody on at least three (3) separate occasions, two (2)
of which occurred in counseling sessions with Father's selected representative
from his church, and one (1) which occurred with the child's counselor.
9. After one of these sessions, the child was in the Father's custody when he took
her to eat a meal following the counseling session.
10. Mother has otherwise made the child available to discuss matters with Father.
11. During an additional period when Father came to Mother's home, Mother
required the child to come out of the home to meet with Father regarding their
dispute and deteriorating relationship.
12. During all of the aforesaid occasions when Father had the opportunity to retain
custody of the child, he returned custody of the child to Mother, despite these
times occurring after the entry of the Court's Order of July 29, 2011, requiring
Mother herein to "abide by the existing Court Order."
13. At the time of the Conciliation Conference on September 1, 2011,
Respondent/Father confirmed that he was not looking for Petitioner/Mother to be
found in Contempt, but for his claim that on Tuesday, July 19, 2011, following
the child's completion of a Allenberry Theatre Conservatory Camp, the child
refused to go with Father and Mother did not interject herself to require the child
to go with Father when the child ran away from Father.
14. At the time of the Conciliation Conference held on September 1, 2011, the parties
agreed before the Conciliator that they would each make contact with named third
parties that both parties indicated they would be agreeable to using as an
intermediary to exchange custody of the child.
15. Despite Mother's efforts, on the evening of September 1, 2011, and her ability to
establish a time on Saturday morning, September 3, 2011, when the custody of the
child was to be exchanged through the child's counselor's office, Father indicated
that did not suit his schedule, and the exchange did not take place.
16. Since the Conciliation Conference, by Order of Court dated September 2, 2011,
the Court named Kathleen Shaulis, Esquire, as counsel for the child.
17. Mother's legal counsel has provided a copy of this Petition to Attorney Shaulis
who has reviewed the Petition and concurs with the requests made herein fro the
entry of a Temporary Order providing primary physical custody of the child to
Mother pending further resolution in this matter through further Court Order, or
agreement of the parties.
18. Mother is aware that Father is not in agreement with the request made in this
Petition.
19. For the various reasons set forth in Mother's Petition to appoint legal counsel for
the child filed in this matter, and for various reasons expressed by the child to her
legal counsel, it is in the child's best interest and permanent welfare to enter a
Temporary Order allowing the child to remain in Mother's primary physical
custody pending further proceedings in this case.
20. Deborah L. Salem, CACD, LPC, is in the latter stages of a custody evaluation in
this case, which should result in the presentation of an evaluation in the coming
weeks, after which, pursuant to prior Order, the parties will either reach an
agreement, or will schedule a Conciliation Conference with the Conciliator to
determine how to proceed from that point.
WHEREFORE, Petitioner requests your Honorable Court to enter a Temporary Order granting
Mother primary and physical custody of the child pending further Order of Court, or agreement
of the parties.
Respectfully Submitted,
L. 'ffie, Esquire
ttorn for Petitioner/Defendant
Att ey ID#34349
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: 2
THERINE STRAIT, Petitioner/Defendant
.+
CRAI0 SCHIL1.I140, ; IN '1'111: COURT U1, C:OMMON PI,[-.AS 01:
Plaintiff ; CUMBF-311,AND COUNTY, 1'1?NNSYI.VANIA
Vol ; 97.4616 CIVIL,
CIVIL, ACTION - TAW
KATHERINE M. WE 7HL,
Defendant IN CUSTODY
ORDER
AND NOW, this '4" dny of February, 20tg, after hearing, the order of this court
of October 7, 1997, is modified and it is ordered and directed as follows:
1. The father, Craig Schilling, and the mother, Katherine M. Wetzel, shall have shared
legal custody of Brittany Marie Schilling, born February 23,1997.
2. The parties shall share physical custody of said child in accordance with the following
schedule:
a, Physlcal custody of Brittany shall alternate between the parties on a weekly basis.
Custody exchanges will take place every Monday at 8;45 a.m. and the party relinquishing
custody shall transport the child to school. In the event that there is no school on Monday, the
child shall be returned to the day care center used by the mother. If the school and day care
are closed, the exchange shall take place at the Eat'n Park Restaurant located on the Carlisle Pike
in Middlesex Township. During exchanges at the Eat'n Park Restaurant, mother shall remain
inside the restaurant and father shall remain at his car during the exchange. In the event the child
cannot attend school due to illness, the parent relinquishing custody shall contact Pam Blessing
(or if she is unavailable, another third party adult) who will make arrangements for exchange of
custody to the other parent.
b. The father shall be entitled to go to the child's day care center or remove the child
from day cano during the mother's regular periods of custody at times when the father is not
Exhibit "A"
working for the purpose of having an additional period of custody with the child, '1'hc father
shall return the child to the day care center by 5:30 p.m, or by such earlier time as is necessary to
facilitate pick-up by cite mother. In the event the mother plans to remove the child from day care
during the modter's regular periods of custody, the mother shall notify the father of her intention
in advance to avoid a scheduling conflict under this paragraph.
c, Christmas - In odd-numbered years, father shell have custody from 1:00 p.m, on
Christmas Day until 8:45 am. on December 30u'. Mother will have custody from 12:00 noon an
Christmas Eve until 1:00 p.m, on Christmas Day. In even-numbered years, the mother will have
custody from 1:00 p.m. on Chdstmas Day until 8:45 a.m. on December 301h. The father will
have custody fmm 12:00 noon on Christmas Eve until 1:00 p.m. on Christmas Day,
d. Alternating Holidays - The parties shall alternate having custody of the child on the
following holidays beginning with the father having"custody of the child on February 23, 2003:
New Year's, the child's birthday (February 23 d), Easter, Memorial Day, July 4et, Labor Day, and
Thanksgiving. With the exception of the child's birthday, the holiday period shall begin at 5:00
p.m. on the day before the holiday and and at 7:00 p.m. on the holiday, unless the day following
the holiday is a regular day care day in which we the party with holiday custody shall retain
custody and return the child to day care the following day. In the event the day following the
holiday is also a regular period of custody for the party with holiday custody, the party shall
retain custody of the child through the end of the regular period of custody, The party who does
not have custody of the child on her birthday under this provision shall have a period of custody
on either the day before or the day after the child's birthday at that party's option.
e. Mother's Day/Father's Day - The mother shall have custody of the child every year on
Mother's Day from 9:00 a.m. until the following Monday morning when the mother shall return
tho child to day cote. The father droll Dave custody of tiro child every year on F ther's flay frrnn
90 a.m, until the following Monday minting when the trather shall return the child to day care.
3, Any exchanges which do not occur at the day car. ccritcx shall take place at the Rat'n
Park Restaurant located on the Carlisle like in Mechanicsburg. Said exchanges shall occur as
described in paragraph 2(a) above. In the event die E-At'n Park k.9 clo;recl, the exchanges will
occur there nonetheless with die party dropping off die child remaining at his or her vehicle, The
party receiving the child may exit the vehicle to open the door but will not approach the vehicle
of the other party.
4. During the summer break from school and to accommodate vacations, each party shall
be entitled to have two uninterrupted but nonconsecutive one-week periods of custody upon
providing thirty days' advance notice to the other party, In the event that there is a conflict
between this provision and the holiday schedule or between the regular weekly schedule and the
holiday schedule, the holiday schedule shall take precedence.
S. When father has custody, the child shall contact mother by telephone daily. When
nother has custody, the child shall contact father by telephone daily. The calls under this
3rovision shall be made to both parties' cell phones.
6. Any other terns and conditions of the order of October 7, 1997, which am not
bconsistent with this order, shall remain in full force and effect.
BY THE COURT,
CRAIG SCHILLING
Plaintill,
Vs.
KATHERINE M. WETZEL
Dafendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-4616
IN CUSTODY
CIVIL ACTION LAW
AND- NOW, this yo day of , 2004, upon
consideration of cite attached Custody Conciliation Report, It is o dered and directed as follows;
1. The parties shall submit themselves, their minor Child, and any other individuals deenned
necessary by the evaluator to a custody evaluation ?o be performed by it professional in the office of
Arnold Shienvold, PhD or, in Cite event of a conflict, by Pauline Wallin, PhD. The purpose of the
evaluation shall be to address conflicts which have arisen with regard to the custody situation and to
obtain independent professional recommendations concerning ongoing custody arrangements which
will best-me the needs and interests of the Child.. Each party shall be responsible to pay all costs
associated with sessions in which he or she (or a member of his or her household) participates and
sessions to which each party transports the Child for evaluation. All other costs associated with the
evaluation shall be divided equally between the parties,
2. Both parties shall contact the evaluator to schedule the initial sessions as promptly as
possible and cooperate in completing the evaluation process in a timely manner,
3. Pending further Order of Court or agreement of the parties, the prior Order of this Court
dated February 7, 2003 shall continue in effect with the following modifications;
A. The custodial parent shall ensure that the Child contacts the noncustodial parent by
telephone at least two times each week,
B. The Mother shall retain custody of the Child after her regular weekend periods of
custody through Memorial Day and Labor Day at 7:00 pm.
C, Pursuant to provision 3 in the prior Order of Court, the parties shall exchange
custody of the Child at the Hess gas station on North Hanover and Clay streets in
Carlisle rather than at the Eat n Park Restaurant,
Exhibit "B" -
4, Within sixty days of receipt of the custody evaluator's written recommendations, WON[ for
either party or a party pro se may contact the conciliator to schedule all additional custody conciliation
conference, irnecessary,
3, This Order is entered pursuant to an agreement of Ilia parties at a Custody Conciliation
Conference,
cc,"&S Schilling, Father
,,hfradley L, Griffie, Esquire - Counsel for Mother
I
DID
1
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1 1 1 1
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1 ` ' ' ' , 1 I 1 1 '
1 1 I 1 I '
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BY THE COURT,
CRAIG SCHILLING
VS.
KATHERINE M. STRAIT
ORDER OF COURT
AND NOW,. this J&ii day of 1UOJ4 , 2011, upon
consideration of the attached Custody Conciliation Report, it ' ordered and directed as follows:
1. The parties shall submit themselves, their minor Child, and any other individuals deemed
necessary by the evaluator to a custody evaluation to be performed by Deborah Salem LPC, CAC. The
purpose of the evaluation shall be to obtain independent professional recommendations concerning
ongoing custody arrangements which will best meet the needs of the Child. The parties shall sign any
authorizations deemed necessary by the evaluator in order to obtain additional information pertaining
to the parties or the Child. The Father shall be responsible to pay all costs of the evaluation initially
but reserves the right to request that the Court reallocate the evaluation costs between the parties at a
later time.
2. The parties shall communicate directly between themselves regarding custodial
arrangements or other issues regarding the Child and shall not use the Child as a messenger for
communications.
3. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for
either party may contact the conciliator to schedule an additional custody conciliation conference, if
necessary.
BY THE COURT,
KevirA. Hess J.
cc: Marcus A. McKnight III, Esquire - Counsel for Father
Bradley L. Griffie, Esquire - Counsel for Mother
IN THE COURT OF COMMON PLEAS OFf
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
19974616 CIVIL ACTION LAW
Defendant : IN CUSTODY
TRUE COPY FROM RECORD
in Temmony w wmd, I here unlo set nW hoed
a06the seal of said Cast at Caddis, Pa.
p{ 20
Piddkmwa
Exhibit "C"
CRAIG SCHILLING,
Plaintiff
VS.
KATHERINE M. STRAIT
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1997-4616 CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the 3 j day of
Aws 2011, cause a copy of Defendant's Petition to Appoint Legal
Counsel for the Child Pursuant to Pa. R.C.P. Section 1915.11 to be served upon Plaintiff by
serving his attorney of record, Marcus McKnight, Esquire, by first-class mail, postage prepaid at
the following address:
DATE: S L 3 11
Marcus McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
e, Esquire
ndant
tf
Attorney ID#34349
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
CRAIG SCHILLING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 97-4616 CIVIL TERM
KATHERINE M. STRAIT, .
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this -A day of , 2011, upon consideration of
the Petition for Special Relief filed by the Plaintiff/Petitioner, the Defendant/Respondent,
under pena.l+y of eoriemt
Katherine M. Strait, is ORDERED, to ? -tie efiner- 444, I;Fk4wky A4r4e sehilk e
-9rder. abide by+e exisfing Czor+ C)rdeP.
By the Court,
s
Kevin . Hess, President Judge
cc: Marcus A. McKnight, III, Esq.
Attorney for Plaintiff/Petitioner
Bradley L. Griffie, Esq.
Attorney for Defendant/Respondent
TRUE COPY FROM RECORD
In 700"V y whwsd, .l hm nW W d
and th? awi of aiid
00 4 OWN@* P&
Exhibit "D"
CRAIG SCHILLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : 1997-4616 CIVIL ACTION -LAW
KATHERINE M. STRAIT IN CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the a 7 day of
2011, cause a copy of Petition for Emergency Relief Pursuant
to Pa. R.C.P. Section 1915.13, with attached proposed Order, to be served upon the following
interested parties, by first-class mail, postage prepaid at the following address:
Marcus A. McKnight, III, Esq.
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Kathleen K. Shaulis, Esquire
44 South Hanover Street
Carlisle, PA 17013
Deborah L. Salem, CACD, LPC
Interworks
2201 North Second Street, Fl. 2
Harrisburg, PA 17110-1007
DATE: of 7
L. Grif squire
Attorney for Petitioner/Defendant
Attorney ID434349
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
CRAIG SCHILLING, IN THE COURT OF COMMON PLEAS OF?,
cz.
Plaintiff/Respondent CUMBERLAND COUNTY, PENNNAVANIA7-?
etc,
vs. 1997-4616 CIVIL ACTION - LA)?ll-'
KATHERINE M. STRAIT IN CUSTODY
Defendant/Petitioner
> C7
PETITIONER'S REPLY TO RESPONDENT'S NEW MATTER
AND NOW comes Petitioner, Katherine M. Strait, by and through her counsel, Bradley
L. Griffie, Esquire and the law firm of Griffie and Associates and files the following Reply to
Respondent's New Matter:
21. The averments set forth in Paragraphs 1 through 20 of Petitioner's Petition for
Special Relief are incorporated herein by reference as if set forth in their full text.
22. Admitted in part and denied in part. It is admitted that Petitioner (hereinafter
"Mother") has separated from her husband. It is denied that this creates further
disruption for the child in that Mother has now been able to move into the Boiling
Springs School District, closer to the child's school, which will dramatically
reduce the amount of time that Brittany is traveling from Mother's home, to
school, and back. It is further denied that the child's grades have significantly
declined. It is further denied that Brittany has missed an inordinate amount of
school, or has missed school for reasons other than health or medical reasons.
23. Admitted.
24. Admitted in part and denied in part. It is admitted that the parties attended a
Conciliation Conference with Dawn Sunday, Esq., on September 1, 2011. It is
admitted that the parties made arrangements for the child, Brittany, to be placed in
Respondent's (hereinafter "Father") custody in an effort to renew their
relationship. It is admitted that an Order of Court was dated September 13, 2011,
by the Honorable Kevin A. Hess. It is denied that the Order was not obeyed by
Mother. It is averred, rather, that Mother exerted great efforts to make
arrangements for the exchange of custody to occur at a third party, as referenced
on the Order, being the child's counselor. It is further averred that the child's
counselor, once Mother was able to contact her late in the evening of Thursday,
September 1, 2011, indicated she would be willing to assist in exchange of
custody at Brittany's Saturday morning appointment with the counselor. It is
averred that when Mother attempted to coordinate this with Father (through
texting), Father indicated that he was not available on Saturday morning. It is
further averred that Father demanded that Mother bring the child to him on Friday
morning, to which Mother responded that she could not do so until the afternoon
of Friday, September 2, 2011, but she did not do so in the morning, as she was
moving from her home in Dillsburg, to her new home in Boiling Springs. It is
further averred that Mother offered for Father to secure custody of Brittany on
Friday morning if he did not wish to wait until Friday afternoon. It is averred that
Father refused to accept these offers to resolve this matter. It is further averred
that Mother has done nothing to inhibit Father's contact with the child, but rather
has attempted to have the child engage her court-appointed legal counsel to assist
in resolving the tumultuous relationship between daughter and Plaintiff. It is
further averred that, in fact, on Saturday morning, September 3, 2011, Father
appeared at the child's counseling session, although he had indicated to Mother
that he was unable to do so, at which time Father, the child, and the child's
counselor spoke. It is further averred at that time, Father not only failed to retain
custody of the child, but advised the child that she could remain in Mother's
custody until the final custody evaluation was received from Deborah Salem.
25. Admitted in part and denied in part. It is denied that the Father has not had any
periods of custody with the child since June 2011. It is averred, rather, that on at
least five (5) occasions, two (2) of which occurred in counseling sessions with
Father's selected representative from his church, and two (2) of which occurred
with the child's counselor, the child was present with Father, and Father did not
make any effort whatsoever for the child to remain with him or remain in his
custody. It is further averred that after one of these sessions the child was in
Father's custody when he took her for a meal following the counseling session,
and than returned the child to Mother's custody. It is further averred that Father
and Brittney made arrangements for Brittany to be in Father's custody on Sunday,
September 4, 2011, during which time Father requested that Brittany remain with
him overnight. It is further averred that on this occasion Mother transported the
child to Father's home at approximately 9:00 a.m. on Sunday morning, but rather
than the child staying with Father overnight and into Monday morning, the child
telephoned Mother at approximately 2:00 p.m. and requested to be picked up from
Father's home. It is further averred that when Mother went to Father's home, the
child came out from Father's home without incident, gave Father a hug goodbye,
and indicated that she and Father were not engaged in any activity, discussion,
interaction or related involvement which caused Father to state to the child "well,
I guess you can go back to your Mother's home," which resulted in the child
leaving at 2:00 p.m. on that day. It is further averred that Father specifically
stated at the time of the Conciliation Conference, that due to his work schedule
and various other reasons, he had no problem with child primarily residing with
Mother during the summer vacation months. It is further averred that Mother is
not aware of other efforts on Father's behalf to secure custody of the child, other
than a recent unannounced entry at the child's school, where Father demanded the
child be with him, during which time the child voluntarily left her classroom
during the school day, and met privately to speak with Father, only to then return
to Mother's home at the end of the school day. It is further averred that during
this time Father threatened the child with a use of a Constable to physically
remove her from Mother's home, which concerned the child, but which concern
has been allayed by the child speaking with her legal counsel.
26. Denied. It is absolutely denied that there have been repeated requests of Mother
by Father to "permit" Brittany to spend period of physical custody with the
Father. It is further averred that Mother has exerted great efforts to resolve the
conflict between the child and Father, but Father refuses to acknowledge the
conflicts and exert any effort whatsoever to resolve the conflicts that exist
between Father and the child, and further, that Father refuses to exert any effort to
secure custody of the child beyond minimal efforts suggesting he wishes to have
custody.
27. Denied. It is denied that Mother ("Petitioner") requested an emergency hearing
be scheduled to find herself in contempt. Strict proof thereof demanded at trial.
28. Denied. It is denied that Mother should be required to pay reasonable legal fees
or other penalty or relief.
WHEREFORE, Defendant requests your Honorable Court to DISMISS Plaintiffs New
Matter, and Plaintiffs Petition for Contempt and enter a Temporary Order granting Mother
primary and physical custody of the child pending further Order of Court, or agreement of the
parties.
Res_ miffed,
L., Uriffie, Esquire
' A orney for Petitioner/Defendant
Attorney ID#34349
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
CRAIG SCHILLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 1997-4616 CIVIL ACTION -LAW
KATHERINE M. STRAIT IN CUSTODY
Defendant
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the -J 7 -- day
of
b CAU be -f , 2011, cause a copy of Petitioner's Reply to Respondent's
New Matter to be served upon the following interested parties, by first-class mail, postage
prepaid at the following address:
Marcus A. McKnight, III, Esq.
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Kathleen K. Shaulis, Esquire
44 South Hanover Street
Carlisle, PA 17013
Deborah L. Salem, CACD, LPC
Interworks
2201 North Second Street, Fl. 2
Harrisburg, PA 17110-1007
DATE: y ?.27 It ey L. Griffie, Esquire
Attorney for Defendant
Attorney ID#34349
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unworn falsifications to authorities.
DATE: 10
KA HERINE STRAIT,
4Petitioner/Defendant
CRAIG SCHILLING IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 1997-4616 CIVIL TERM =A ^?
KATHERINE STRAIT
Defendant IN CUSTODY
NOTICE OF APPEARANCE
Please enter my appearance as a Pro Se litigant in the above captioned matter.
Craig Schilling
6 Cardinal Drive
Carlisle, PA 17015
717.497.1326
Respectfully submitted,
ma
C-
w
-a
rv
rah
GJ,
:-s
Date ??n?e 13, ??.?
717.497.1326
CRAIG SCHILLING IN THE COUR OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
NO. 1997-4616 CIVIL TERM
KATHERINE STRAIT
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Craig Schilling, hereby certify that I did, the t 0'- day of
2012, cause a copy of Notice of Appearance
to be served upon defendant's Attorney, Mr. Bradley Griffie, by personal service
at the following address:
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
Date r ? ( aBy:
Petitioner/Plaintiff
6 Cardinal Drive
Carlisle, PA 17015
717.497.1326
CRAIG SCHILLING IN THE COUR OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
NO. 1997-4616 CIVIL TERM
KATHERINE STRAIT
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Craig Schilling, hereby certify that I did, the 1 2ti? day of
2012, cause a copy of Notice of Appearance
to be served upon Kathleen K. Shaulis, by personal service at the following
address:
44 South Hanover Street
Carlisle, PA 17013
Date??a+& 3 ?J (1 By:
Petitioner/Plaintiff
6 Cardinal Drive
Carlisle, PA 17015
717.497.1326
CRAIG SCHILLING
Plaintiff
VS.
KATHERINE STRAIT
Defendant
IN THE COUR OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 1997-4616 CIVIL TERM
: IN CUSTODY
CERTIFICATE OF SERVICE
I, Craig Schilling, hereby certify that I did the /37" day of ?J
2012, cause a copy of Notice of Appearance
to be served upon Marcus A. McKnight by personal service at the following
address:
60 West Pomfret Street
Carlisle, PA 17013
Date `? IL l?
By:
Petitioner/Plaintiff
6 Cardinal Drive
Carlisle, PA 17015
717.497.1326
CRAIG SCHILLING
Plaintiff
VS.
KATHERINE STRAIT
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1997-4616 CIVIL TERM
IN CUSTODY
PLAINTIFF'S RESPONSE TO PETITION TO WITHDRAW AS COUNSEL
AND NOW comes Plaintiff, Craig Schilling, pro se and responds as follows:
1. Agreed
2. Agreed
3. Agreed
4. Agreed
5. On October 12, 2011 Plaintiff met with Marcus McKnight to discuss this case.
6. During that conversation Mr. McKnight insisted that Plaintiff hire a constable to
enforce the custody order.
7. Plaintiff contacted a constable, met with the constable, provided the constable
with a copy of the most recent custody order.
8. Constable then left Plaintiff's home and contacted Judge Hess concerning the
enforcement of the custody order.
9. According to the constable he was told by Judge Hess not to enforce the order.
10. Constable related this information to Plaintiff.
11. Plaintiff questioned Mr. McKnight as to the lack of enforcement of the custody
order. Mr. McKnight has yet to provide an answer.
12. On November 29, 2011 Plaintiff, Defendant, Mr. McKnight, Mr. Griffie,
Ms. Shaulis, and Brittany Schilling attended a conciliation conference with
Dawn Sunday at Ms. Sunday's office in Mechanicsburg.
13. During the conference the issue of Christmas custody was raised by Plaintiff as
the current custody order had Brittany Schilling in his custody for the majority
of the holiday but there had been no enforcement of the order and Defendant
was previously in contempt of the order on numerous occasions.
14. Mr. McKnight, Mr. Griffie, Ms. Shaulis, and Ms. Sunday all refused to address
issue at the conference but insisted that they would have a conference call
before the holiday to resolve the issue.
15. During the drive from Mechanicsburg to Carlisle following the conference Mr.
McKnight assured Plaintiff that he would see his daughter at Christmas.
16. The conference call never occurred.
17. Plaintiff did not see his daughter at all during the holidays.
18. No reason was given for the lack of the conference call.
19. Plaintiff discussed these issues with Mr. McKnight.
20. Mr. McKnight felt he had handled these situations properly.
21. Plaintiff did not agree with that assessment.
22. Plaintiff and Mr. McKnight agreed to part ways.
23. Mr. McKnight sent his final bill to Plaintiff in May 2012.
24. Plaintiff paid the final bill on May 18, 2012 and has no further financial
obligations to Mr. McKnight.
WHEREFORE, Marcus McKnight's Petition To Withdraw As Counsel should be
granted.
Respectfully submitted,
Craig Sic l g, pro se
6 Cardinal Drive
Carlisle, PA 17015
717.497.1326
Date f 1110/d,
CRAIG SCHILLING
Plaintiff
VS.
KATHERINE STRAIT
Defendant
IN THE COUR OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: NO. 1997-4616 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Craig Schilling, hereby certify that I did, the /?? day of
,
2012, cause a copy of Plaintiff s Response to Petition to Withdraw as Counsel
to be served upon Marcus A. McKnight by personal service at the following
address:
60 West Pomfret Street
Carlisle, PA 17013
Date <? / 5 By:
6 Cardinal Drive
Carlisle, PA 17015
717.497.1326
CRAIG SCHILLING
Plaintiff
VS.
KATHERINE STRAIT
Defendant
IN THE COUR OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 19974616 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
11-7
I, Craig Schilling, hereby certify that I did, the Lo day of ?JLl?1 e
2012, cause a copy of Plaintiffs Response to Petition to Withdraw as Counsel
to be served upon defendant's Attorney, Mr. Bradley Griffie, by personal service
at the following address:
GRIFFIE AND ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
Date <J . 13, p O/A By:
6 Cardinal Drive
Carlisle, PA 17015
717.497.1326
CRAIG SCHILLING IN THE COUR OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
: NO. 1997-4616 CIVIL TERM
KATHERINE STRAIT
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Craig Schilling, hereby certify that I did, the 3 day of
2012, cause a copy of Plaintiff's Response to Petition to Withdraw as Counsel
to be served upon Kathleen K. Shaulis, by personal service at the following
address:
44 South Hanover Street
Carlisle, PA 17013
Date
By:
6 Cardinal Drive
Carlisle, PA 17015
717.497.1326
VERIFICATION
I verify that the statements in the foregoing document are true and correct to the
best of my knowledge, information, and belief. I understand that false statements, herein
made, are subject to the penalties of 18 Pa. 4904, relating to unsworn falsification to
authorities.
DATE
%-ra acn in Pro
6 C rdina Drive
Car A 17013
717.258.9293
4~pYl
}~
CRAIG SCHILLING IN THE COURT OF COMMON PLEAS': OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 1997-4616 CIVIL ACTION LAW
KATHERINE M. STRAIT
Defendant IN CUSTODY '
ORDER OF COURT
~~
AND NOW, this day of 2012, ;upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ',
1. The parties shall cooperate in making arrangements for counseling with Vivian Blatic for
reunification and reestablishment of the relationship between the Father and Child. The Fathe~ shall
initiate contact with the office of the counselor to schedule the initial sessions. The Mothe shall
cooperate in making the Child available, or herself available if recommended by the counselor, or all
scheduled appointments. The appointments shall be scheduled to accommodate the Child's act vities
as much as reasonably possible. The parties shall follow the recommendations of the counselo~ as to
the frequency and duration of counseling sessions and the parties who should participate i 'each
session. The reunification counselor shall have access to any information she deems to be re evant
from any counselors, including the custody evaluator, who have previously worked with the fami y.
2. If in the future a hearing is scheduled to resolve the custodial issues and either party r
a supplemental custody evaluation, the parties shall cooperate in signing all authorizations ne
for the custody evaluator, Deborah Salem, to obtain all records pertaining to the Child or the
including any updated reports/information since completion of the initial custody evaluation.
BY THE CO
J.
Thomas A. Placey
. Common Pleas ~ud~e ~, ~,
cc: ~ Marcus A. McKnight Esquire -Counsel for Father '~ ' ~}
Bradley L. Griffie Esquire -Counsel for Mother r~ cn i~ ~~
~ Kathleen Shaulis Esquire -GAL ~~ -~~r I~~
~ ~. ,~
~a = -,~-
~l ~
N
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF (CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigations is as
follows:
NAME DATE OF BIRTH
Brittany M. Schilling February 23, 1997
2. A custody conciliation conference was held on August 23, 2012, with the foll wing
individuals in attendance: the Father, Craig Schilling, with his counsel, Marcus A. McKni t III
Esquire, the Mother, Katherine M. Strait, with her counsel, Bradley L. Griffie Esquire, and Kat leen
Shaulis Esquire, Guardian Ad Litem for the Child.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
s
CRAIG SCHILLING
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1997-4616 CIVIL ACTION LAW
vs.
KATHERINE M. STRAIT
Defendant
Prior Judge: Kevin A. Hess