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from the Father's perspective, Michelle was having serious problems with her Mother ood hus
requested that she reside with Father. The Father agreed alter the lirst conciliation that they
engage the services of Stanley E. Schneider. Ed.D., to try to make some recommendations us to
where Michelle should live and to try to get to the root of any problems that are occurring
between Michelle ood her Mother. Father still believe!> that Michelle woots to live with him ood
further believes that it is in her best interest to move with him on a regular basis.
6. The Defendant's position on custody is as follows: Mother believes that the reason
why Michelle wants to move with her Fathcr is that the Father does not provide discipline of her.
She points out an incident that occurred with the daughter and a 19 year old wherein she relates
that the Father continued to allow the daughter to see the 19 year old. Mother believes that she
has been a disciplinarian and as a result, Michelle sees the Father's household as being the better
option. She does not believe Father provides enough structure for the daughter. She is resistoot
to allowing Michelle to move with the Father. She did agree to engage the services of Stooley E.
Schneider, Ed.D. Dr. Schneider made some recommendations as to having the daughter spend
the majority of the summer with the Father. Mother did agree to allow the summer to be shared
evenly, but would not agree to a switch in the custodial situation.
7. Need for separate coullselto represent child(ren): Neither party requested.
8, Need for independent psychological evaluation or counseling: See attached order.
9. A hearing on this mailer will take live hours.
10. Other mailers or comments: This case involves the custodial situation with one child
only. Mh:helle. The parties arc the parents of two children. one is 16 ood the other is I S. The 16
6. The Plaintiff's position on custody Is as follows: See attached Order.
6. The Defendant's position on custody Is as follows: See attached Order.
7. Need for separate counsel to rapresent chlld(ren): Neither party
requested.
8, Nead for Indapendent psychological evaluation or counseling: The parties
agree that the minor child, Michelle, Is In need of counseling and that they shall
submit the child and themselves to counseling sessions with Stanley E. Schneider,
Ed.D. In the event that his services are not covered by Insurance, then the parties
shall agree upon another provider who Is covered by the parties' insurance. In the
event that there is no insurance coverage for this counseling then the parties agree
that they shall go to Stanley E. Schneider, Ed.D.. and shall share those costs.
Dr. Schneider is specifically directed to determine what issues are causing the
disruption in Michelle's life and to make specific recommendations to the parents as
to dealing with those issues and an appropriate living arrangement for the child,
9. Other matters: Tho parties shall reconvene for another conciliation
conference before Michael L. Bangs, Esquire, on Thursdoy, January 8, 1998, at
11 :00 a.m.
Date: November 3, 1997
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Exhibit B
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Exhibit 0
No, 11303
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belief, and therefore avers that she paid more than half of the
cost of the evaluation and that it was Plaintiff's obligation to
pay the remainder of the monies due to complete the evaluation
pursuant to the Court Order.
9. Admi tted.
10. Denied. It is specifically denied that Defendant's
counsel indicated that Defendant refused to comply with the
finalization of the psychological evaluation. To the contrary,
Defendant's counsel indicated Defendant had met her financial
obligation for the evaluation and that Plaintiff had failed to pay
his half of numerous counseling charges incurred in the evaluation
process. In Defendant counsel's letter of September 22, 1998, she
clearly stated that it was Plaintiff's obligation to pay for the
final evaluation visit since he had failed to pay for his half of
the earlier evaluation sessions.
11. Denied. See response set forth in paragraph 10 above.
12. Denied. Defendant is ready and willing to cooperate with
Dr. Schneider in the evaluation process if Plaintiff meets his
financial obligation and pays for the balance of the evaluation
sessions since he failed to pay his share of earlier sessions.
13. Denied. At all times related herein Defendant has acted
in accordance with this Court's Order of November 7, 1998.
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1 Auqusr; 27, 1999
2 Carlisle, Pennsylvania
3 (Whereupon, the following discussion
4 was held in chambers at 11:45 a.m,)
5 BY THE COURT:
6 Q Since you are 16 and a half, I am going to do
7 this a little different than I normalLy do. You are about
8 the oldest child I have ever had in here on a custody case,
9 I had a 7-year-old boy yesterday that hardly talked,
10 I know a lot about you, and I am not going to
11 go into a truckload of your background because I have heard
12 it in court, I often do that with kids, but I know the
13 situation. You want to live with your dad?
14 A Yes,
15 Q And I know that and I know the reasons for
16 it, If you do and If you go to Northern, do you think it i ~
17 important that something be done to improve the relationship
18 with your mom?
19 A Well, in a way. I just -- you mean Ukn
20 counseling and stuff like that?
21 Q I am looking for what you think, and I com~
22 to that for the obvious reasoning that if we make this
23 change now, this cannot be the end of your reldtionshlp with
24 your mother, If this change comes about and it happens tho
25 way you want it, YOll go to Nc,rthern <Inti YOII llv.- wlr,h YOlll
1 dad, yes, do you think counseling would be a good idea? Do
2 you think that would help improve your relationship with
3 your mother?
4 A Well, it would be very, very awkward because
5 we've already been to -- she took me to see the guidance
6 counselor, Then she took me to see the priest at her
7 church, and then we finally went to see Schneider and had
8 it done, like, officially.
9 Q How long ago did you last see Dr. Schneider?
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16 Q Continue,
17 A In a way I just-- like, I'm tired of., like,
18 people having that feeling that you're being, like,
19 analyzed and, like, looked at under a microscope, but in
20 another way and that's how I would feel if we went to
21 counseling, I don't want to just, you know, say, fine,
22 mom, that's it. So, yeah, I would, but I wouldn't want to
23 just rush into it, I would want to start off really slow,
24 Q If you go to Northern, would you feel
25 comfortable even if you did not start out in something like
You got a feel for that, Was that like -- you tell me what
you think.
A No more than a couple months ago maybe.
Q It was that recent?
A Yeah, It was just before we started all
this court stuff.
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1 that or you went slow in coming back on a regular basis and
2 being with your mom, sort of on some of the types of things
3 you were doing with your dad all these years on the
4 weekends, whatever? How do you see your futur~
5 relationship if this break occurs here?
6 A Well, I know it's going to be -- like, it's
7 not going to be easy.
8 Q That's for sure,
9 A I don't want to -- I want to give it a
10 little breathing time first because if I went after this
11 all got done and I did go to Northern, if I just started
12 out right away spending weekends with my mom, from my past
13 experience with her, I would feel like she would hold it
14 against me,
15 Q You have been consistently down at your
16 dad's now three weeks ballpark or longer?
17 A Longer.
18 Q How long? August 1, was that the date I
19 heard?
20 MS. CANTOR: Yes,
21 BY THE COURT:
22 Q So it is August 1 or. thereabouts. And you
23 spent a month down with them last summer, right?
24 A Yeah,
25 Q Has this been a good period here in August?
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A Yeah,
Q As I say, I have not gone over a lot of
background because I have heard a lot, both from Dr,
Schneider and from the parents. Anything you want to tell
me, since you have got me here, about anything that you
feel is important?
A Well, I just don't want this to seem like
it's about I want to get away from my mother because I
don't like her rules, That to me is a very petty reason to
want to leave.
I want to leave because I just don't feel
happy. I mean, when I'm with my dad it's like -- it'~ hard
to explain. When I'm with my dad, I feel happy. I feel
that -- you have that family feeling, I feel like a
daughter.
Q Has he always made you feel that way over
these years?
A Yeah,
Q Because there has been some periods of time
when you did not see him a lot,
A Urn-hum.
Q He has generally made you feel that way when
you have been with him?
A Yeah,
Q Okay. I didn't mean to cut you off, Did
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1 you want to say anything else?
2 A Just basically I just feel loved when I'm
3 with my dad,
4 Q I understand your position,
5 THE COURT: Any questions of this fine young
6 lady? It has been so long since I hav~ had a teenager in
7 the house, I have a daughter who is 27 now. I can hardly
8 remember those teenage years,
9 BY MS, CANTOR:
10 Q I think, Michelle, you talked about you
11 said it's not about the rules with your mom. If you just
12 tell the Judge we've heard a lot in the courtroom but
13 tell the Judge in your words about living with your mom and
14 what it is like, We just heard what you said about your
15 dad.
16 THE COURT: Unless you want to say that --
17 that is why I asked her whether there is anything she wants
18 to tell me because I have the story, I have the
19 background, Your mother and your dad are very articulate
20 in being able to tell me,
21 If you feel you want to tell me more, I will
22 let you, but I do not have to have her go through that if
23 you don't want to, But Lf you have something you want to
24 get off your chest, you tell me.
25 MICHELLE LAMANCUSA: Well, being with my mom
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1 it's like -- if I had to describe it, it's like when you
2 walk into the hou6e if I was coming home from work or
3 something, just whatever, walking in the house, it's like
4 that cold feeling you get when you first open the door on a
5 really cold winter's day, and it gives you that kind of
6 when it first hits you, you get that kind of tingling,
7 prickly feeling allover your -- like, allover your skin
8 and allover your body,
9 Like, sometimes it's, like, you feel like
10 she forgot having you, I mean, I guess I always thought
11 that if someone was your parent it was, like, their job to
12 love you, but I guess that's not the way it is.
13 BY THE COURT:
14 Q Has the situation from your perspective
15 gotten worse recently, or was it a built up thing, or how
16 do you think about it as you grew up here in your teenage
17 years?
18 A It was a build up?
19 Q Did the breakup of your mother and her
20 second husband -- I know it affected you. Do you feel it
21 affected the way your mother treats you and her personal
22 relationship with you?
23 A No,
24 Q Old you make the decision last year to stay
25 down there and go to school in Camp Hill? Did this come up
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last year after you spent the time 1n the summer whether
you were going to want to stay with your dad or not, and
did you make some kind of decision and tell your dad that
you were going to stay in Camp Hill last year? How did
that work?
A If there was a way that he would be able to,
like, pay tuition for me to go there, that way I wouldn't
have to, like, totally leave, then I would do that,
Q I remember that from hearing the testimony,
and there was not realistically,
A No,
Q You decided you would stay or wasn't it --
A I decided that I want to go to Northern.
Q I mean last year did you decide then since
that option was not available, him coming into Camp Hill or
whatever, that you would just stay this year or you
wouldn't press the point? How did it come about that you
stayed?
A I decided that I would just finish out the
year in Camp Hill, my sophomore year, and then have half of
my high school in Camp Hill, half of it in Northern,
Q That is how you felt last year when you went
to Camp Hill for another year, you felt you still wanted to
come down this year, you were looking ahead?
A I felt I wanted to go to Northern, yeah,
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Q Okay, ~nd, let's see, your sister was a
senior last year?
A Um-hum.
Q And she is going to live at home now? She
is going to HACC?
A Um-hum.
THE COURT:
MS. CLOUGH:
THE COURT:
BY MS, CLOUGH:
Do you have any questions?
A lot I won't ask,
I won't let you,
Q Now, since you've been down at your dad's
since, I think, about August 1st, is that right, the last
weekend in July is when you moved down?
A About that, I don't know what the exact
date was, I've spent most if not all of August with my
dad.
Q And,I think everybody agreed you haven't
seen your mom since then, you guys haven't gotten together?
A No,
Q How about your sister, have you gotten to
see her during that time?
A Yeah.
Q Do you get along well with her?
A Yeah.
Q What do you think would be one of the
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1 easiest ways for -- and I kind of know what you mean about
2 the counseling personally myself more than I would like
3 to -- but what do you think might be a good way for you and
4 your mom to have time or something other than counseling
5 that might work for you guys to try to patch up whatever
6 problems there are?
7 A Well, I don't want to definitely say that
8 counseling wouldn't help, but it seems like that because
9 we've already seen people and it just -- it seems to not
10 work, As far as something else, I don't know what can help
11 us, All I know is we need time to cool down, Once
12 everything gets over with, I mean, we need space.
13 Q Do you have an idea in your mind what age
14 you think you were when it started to really be this bad?
15 A To be this bad or when it first started that
16 I wanted to leave?
17 Q Well, why don't you tell me both.
18 A It started to be this bad about when I was
19 14, But as far as when I wanted to live with my dad, I can
20 remember when I was, like, 7 just we were sitting at the
21 end of my aunt's driveway and I said, dad, why can't I live
22 with you. And he said that he didn't want to split me and
23 my sister up until we were older, He wanted us to be able
24 to grow up together,
25 Q How do you think -- if you go to Northern
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and you go through Christmas break and you hate it, I mean,
you get down there and you don't like the school part and
you wanted to go back to Camp Hill, do you feel comfortable
your dad would let you do that?
A He's always said that I could back out of
this dt anytime if I had second thoughts or if I didn't
want to do this, I really don't see that happening, but if
I wanted to leave, if I just wanted to leave and like
just the only way I would be able to go back to Camp
Hill is if I moved in with my mom,
o I know,
A If I just wanted to leave and go back with
my mom, I'm sure he would let me do it,
o And how do you get along I guess there
are three kids that live with your dad and Kristin?
A Yeah,
o How do you get along with them?
A Good,
o And you have your own room?
A Yeah,
o Have you ever thought about any other -- in
all the times you've been trying to think about being at
your dad's, have you ever thought about any other schedules
or any other way to do it? I mean, we always have the
problem with school when you don't live close enough --
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THE COURT: There is no way, You either
live with your mom or you live with your dad when they do
not live in the same school districts,
THE WITNESS: I don't like that jostling
around anyway, I don't like that having to be with dad one
week and then going back with mom the other week, I don't
like that. I'm tired of that puppet feeling where you are
tossed around between each of them, It's like, okay, well,
you get her this week and then you get her this week, I
don't like that,
MS, CLOUGH: That's all I have,
BY MS. CANTOR:
Q Just you know if this happens you are going
to change your school district, right?
A Yes,
Q That means new friends and new teachers and
new sports and all of that, and that's a big change. Is
that something you want to do?
A Yeah.
Q And you've thought about all that and all of
the ramifications of that?
A Yeah,
THE COURT: I heard you want to go into the
Air Force Academy,
MICHELLE LAMANCUSA: Yes.
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THOMAS p, LAMANCUSA,
Pluintiff
: IN THE COURT OF COMMON I)LEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO, 97-5018
MARGARET L. DEVORICK,
Defendunt
: CIVIL ACTION. LAW
: IN CUSTODY
ORDER OF COURT
, AND NOW, TO WIT, this ----'2 day of ~~ _' 2000, it is hereby
ORDERED AND DECREED thatthc attached Stipul:ltion ;o~ldY is madc un Ordcr of
this Court and said Stipulution is udoptcd it its cntircty and incorporlltcd herein as an Ordcr
of Court.
BY THECOURT:/ "
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~'AG'", ADUII . COGNITI~ lie,
AnOIlNIVS Al ~w
233\ MAIIKll Sl~1I1
CAMP Min. PA 11011-41142
17111183- 1 383
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the Chillllrolll the olhcr plnty. Elich pliny shllllnulify the uthcr uf IIny IIctivity or eircumstuncc
conccrning their ('hihllhat cunld r.'asonahly hc cspcclcd 10 hc ufconc,'rn to thc ulhcr. Day tu day
dceisiuns shall bc the rcsponsihility Mlhc parcnlthcn huving physical custody. With rCl.(urd to uny
clllcrgcncy dccisions which llIust hc nlllde. thc parcnt having physical custody uf the Child ut thc
tilllc uf thc clllcrgcncy shall hc p.'llIIillcd 10 llIakc any innncdiatc dccisiuns ncc,'ssitatcd thcrehy.
Ilo\\'cvcr, that pmcnl shall inlill'llllhc othcr ofthc clllcrgcncy Ulld consult with hin) or hcr us suon
us pllssihlc. I;ach party sh'lll hc cnlitled III ,'lIll1plclc allll full inlill'lnaliunlhllll.my doctor, dcntist,
lcuehcr, profcssiunal or aUlhority and tu hilvc copies ufany rcplll'ts givcnlu cithcr party as a parcnt.
2. I'hvsical {'USIOl~:
Thc MOTIIER shall maintain primary physical custudy of thc minor Child,
FATHER shall haw partial cuslody uf lhc Child as thc parlics IlHlY agrcc.
3. Dcalh or Disahllitv:
In the cvent uf either party's dcath or signilieant amllong.terlll disability rendering
the person incapahlc ufcarin3 fill' thc Child,thcn custudy shalllllltolllalically vest in the other purty.
4. Addrcss und TclJ;phonc NUlllbcrs of Parties:
Both FATHER und MOTIIER llIust kecp cuch othcr informed of any changes of
address or ehunge of lclcphunc nlll11bcl'. Any changcs in uddrcss or telcphonc numbcr shall bc
imlllediately forwardcd 10 thc olhcr pUlly.
5. Noticc of Whcrcuhuuts/lllncss:
Each purty agrccs to kccp thc uthcr reasonably informcd ahoat the whereabouts of
the Child while with thc othcr purly, If cithcr purty hus knowlcdgc of illncss or accidcnt or othcr
scrious circumstance ulTccting the wellilrc of cithcr of the Chilli, hc or she shull promptly notify thc
othcr p.lI'ty of suid circulllst.lIlces.
2
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