HomeMy WebLinkAbout98-05971
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PAMELA C. DEVINE,
Plaintiff
VS.
MICHAEL J. DEVINE,
Defendant
VS.
LISA M. LONG,
Plaintiff
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUN77, PENNSYLVANIA
NO. 98-5971 CIVIL TERN
VS. CIVIL ACTION - LAW
MICHAEL DEVINE and PAMELA DEVINE,
Defendants IN CUSTODY
ORDER OF COURT
AND NOW, this 13 day of II] JQ r- _, 2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior orders of this Court dated March 24, 1998 and April 25,
2000 are vacated and replaced with this order.
2. The Maternal Aunt, Lisa M. Long, the Mother, Pamela G. Devine, and
the Father, Michael J. Devine, shall have shared legal custody of Gretchen
Devine, born February 10, 1991. The parties shall follow the
recommendations of the child's physician with regard to administration of
medication, and changes in dosages to medication for the Child. All
parties shall have full access to the Child's medical and school records,
including the Child's Individual Education Plan and process.
3. The Father shall have primary physical custody of the Child.
4. The Mother shall have partial physical custody of the Child on
alternating weekends (to correspond to Mother's time off work) from Friday
at 3:15 p.m. through Sunday at 7:00 p.m. The Mother shall also have
custody every Thursday evening from 3:15 until 7:00 p.m., which may be
extended to an overnight period as arranged by agreement of the parties.
5. The Maternal Aunt shall have partial physical custody of the Child
on one weekend per month from Friday at 5:00 p.m. through Sunday at 5:00
p.m. The periods of weekend custody under this provision shall be
scheduled by agreement between the Maternal Aunt the Father to fall on one
of the Father's alternating weekend periods of custody.
6. Beginning in January 2001 the Mother shall have partial physical
custody of the Child on the first and third weekends of every month at the
times set forth in paragraph 4 of this Order, the Maternal Aunt shall have
custody of the Child on the second weekend of every month, at the times set
forth in paragraph 5 of this Order, and the Father shall have custody of
the Child on all weekends not otherwise specified for the Mother or the
Maternal Aunt in this provision.
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7. All exchanges of custody under this order shall take place at the f
Sheetz gas station/store at the corner of Market Street (Route #114) and
Cumberland Parkway in Mechanicsburg.
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8. The parties shall cooperate with any reccnvnendations provided by '
Edgewater Children's Sorvices. t
9. The parties agree that the Child shall remain enrolled in her
current school district unless otherwise agreed by all parties.
10. The mother and the rather shall share or alternate having custody
of the Child on holidays as arranged by agreement.
11. The Maternal Aunt shall have two weeks of uninterrupted summer
vacation custody with the Child each year upon providing notice to the
Father by May 1 of the year in which she desires to exercise her period of
vacation custody with the Child.
12. All parties shall be entitled to have reasonable telephone contact
with the Child.
13. All parties shall promptly notify the other parties of any
emergencies involving the health, safety or welfare of the Child.
14. To best manage the Child's special medical conditions, the Father
shall continue the Child's regular appointments with Dr. Brown, Pediatric
Neurologist and Dr. Morrow, the Child Development Specialist.
15. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
1_/j 1"7
Edgar B. Bayley, J.
cc: Johnna S. Deily, Esquire - Counsel for Mother n ,D
Andrew C. Sheely, Esquire - Counsel for Father
J. Paul Helvy, Esquire - Counsel for Maternal Aunt 9-1?
45
PAMELA G. DEVINE,
Plaintiff
Vs.
MICHAEL J. DEVINE,
Defendant
Vs.
LISA M. LONG,
Plaintiff
VS.
MICHAEL DEVINE and PAMELA DEVINE,
Defendants
PRIOR JUDGE: Edgar B. Bayley
IN '1'111•: CY)(11t'1' OV CULMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-5971 CIVIL TERM
CIVIL ACTION - LAW
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
Gretchen M. Devine February 10, 1991 Father
2. A Conciliation Conference was held on August 31, 2000, with the
following individuals in attendance: The Mother, Pamela G. Devine, with
her counsel, Johnna S. Deily, Esquire, the Father, Michael J. Devine, with
his counsel, Andrew C. Sheely, Esquire, and the Maternal Aunt, Lisa M.
Long, with her counsel, J. Paul Helvy, Esquire. Although the parties
agreed that an Order was not necessary on the issue, the Father and the
Mother agreed to authorize Dr. Shienvold to include their younger daughter,
Jean Devine, in the ongoing custody evaluation, without waiving any
objection which may be made with respect to the Maternal Aunt's standing to
seek custody of Jean.
3. The parties agreed to entry of an order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
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LISA M. LONG, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 98-5971 CIVIL TERM
PAMELA G. DEVINE and, CIVIL ACTIGd - LAi•J
MICHAEL J. DEVINE,
Defendant/Petitioner CUSTODY
/ ORDER OF COEJ1?T ^
AND NOW, this N day of 2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior Order of this Court dated January 31, 1999 shall
continue in effect as modified by this order.
2. The parties shall obtain a complete evaluation for the Child by
Todd Barron, MD, pediatric neurologist at Hershey Medical Center. The
parties shall cooperate in scheduling, and insuring that the Child attends,
all appointments for the evaluation.
3. The parties shall obtain a comprehensive mental health evaluation
for the Child, in conjunction with a custody evaluation, to be performed by
Arnold Shienvold, PhD or his associate. The parties shall submit
themselves, the Child and any other individuals deemed necessary by the
evaluator for the custody evaluation. The purpose of the evaluation shall
be to obtain independent professional recommendations concerning the
Child's psychological treatment as well as recommendations concerning
custody arrangements which would best serve the interests of the Child.
The parties shall sign any authorizations deemed necessary by the evaluator
to obtain additional medical, psychological, school, or other additional
information pertaining to the parties or the Child. The costs of the
evaluation which are not covered by insurance shall be shared equally by
the parties.
6. The Father shall contact Edgewater Children's Services and request
that services for the Child be resumed. The parties shall cooperate with
any recommendations provided by Edgewater Children's Services.
7. Pending further Order of Court or agreement of the parties, the
Mother shall have partial physical custody of the Child on alternating
weekends (to correspond to Mother's time off work) from Friday at 3:00 p.m.
or after school through Sunday at 7:00 p.m. The Mother shall also have
custody every Thursday evening from after school until 7:00 p.m., which may
be extended to an overnight period as arranged by agreement of the parties.
B. The Maternal Aunt shall have partial custody of the Child on one
weekend per month from Friday at 5:00 p.m. through Sunday at 5:00 p.m. The
periods of weekend custody under this provision shall be mcheduled to fall
on one of the Father's alternating weekend periods of. cuntcxly. The
Maternal Aunt and the Father shall cooperate in scheduling the weekend
periods of custody under this provision.
9. The parties agree that the Child shall reu4iin enrolled in hor
current school district unless otherwise agreed by all I.irtlern.
10. Upon completion of the physical, mental health and cont<x1y
evaluations and, if at that time the partien are not able to reach an
agreement as to ongoing legal and physical custody arranganentn, counnel
for any party may contact the Conciliator to schedule an additiondl Cu:ltaiy
Conciliation Conference within four months of the date of thin Ordo r.
11. This Order is entered pursuant to an agreement: of the I+irtien at: a
Custody Conciliation Conference. The parties n?iy nrxlify t:he jwovinionn of
this Order by mutual consent. In the absence of muCunl contwnt, the termn
of this order shall control.
BY THE axilel"
Edgar B. 1layloy, J.
cc: Emily L. Hoffman, Esquire - Counsel for Maternal Aunt
Johnna Deily, Esquire - Counsel for Mother ?r
Andrew C. Sheely, Esquire - Counsel for Father ( 1
LISA M. LONG,
Plaintiff/Respondent
Vs.
PAMELA G. DEVINE and,
MICHAEL J. DEVINE,
Defendant/Petitioner
PRIOR JUDGE: Edgar 11. Bayley
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CII3TDOY CONCIIJATION :;IXWI(Y 103KArl'
IN ACODRDANCE WITII CI11111,7(LAND (XX1J1'1 RULE OP CIVIL PROCEDURE
1915.3-8, the undersigned Cuntody Conciliator nuhmits the following report:
1. The pertinent information concerninq the Child who is the subject
of this litigation is as follow:i:
NAME DAT1: OF 11I1rI'll CUjJkfZrPLY IN CUSTODY OF
Gretchen M. Devine 2/:10/91 Father
2. A Conciliation Conference was held on April 12, 2000, with the
following individuals in attendance: The Maternal Aunt/Plaintiff, Lisa M.
Long, with her counsel, Emily L. IlofrTkin, Esquire, the Mother, Pamela G.
Devine, with her counsel, Johnna J. Deily, flsquire, and the Father, Michael
J. Devine, with his counsel, Andrew C. Shealy, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
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APR
EN 2 1999 ,
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LISA M. LONG,
Plaintill,
IN 'I'l11: COURT OI: COMMON PLEAS OF
CUMBERLAND COUN'T'Y, PENNSYLVANIA
v
1'MIFLA G. DEVINIi and.
MICIIAH. J. DEVINI,
Defendant
CIVIL AC'T'ION - LAW
IN CUS'T'ODY
NO. (18-5971
Order
CIVIL TFRM
AND NOW, this Ja day of February, 1999. the foregoing Agreement is
approved and entered as an Order al' Court.
J.
LISA M. LONG, IN l l lit ('0I1R'I' OP ('OMMON PI.I'.AS OI'
Plaintiff ('IIMBI'.RLAND ('OUNII', PIiNNSI'LVANIA
V. NO. ?18-$971
PAMELA G. DEVINE and CIVIL ACTION - LAW
MICFIAELJ. DEVINE
Defendant CUSTODY
CUSTODY STIPULATION and ORDER
AND NOW, this . fl day of January, 1999, the parties, alter consulting with their
respective counsel, have reached an agreement with regard to custody of Gretchen M. Devine.
1. Parties. The parties are Lisa M. Long, the maternal aunt ("Aunt") of Gretchen M.
Devine, Pamela G. Devine ("Mother"), and Michael J. Devine ("Father"), the natural parents of
Gretchen M. Devine.
2. Prior agreements and orders. This agreement is intended to supersede all prior
agreements and orders to the extent that they are inconsistent with this Agreement and Order.
3. Leeal Custody. Mother, Father, and Aunt shall share legal custody of Gretchen.
All of them shall have fill access to Gretchen's medical and educational records. All of them
shall cooperate in ensuring that Gretchen receives the proper dosage of medications which have
been prescribed by her physicians.
4. Physical Custody. Father shall have primary physical custody of Gretchen. Mother
shall have partial custody on alternating Sundays. Aunt shall have partial custody for a
mininttint of six (6) weekends per year (Friday 5:00 put to Sunday, `:( tn pin) and mill notify j1
Father 48 hours in advance of the weekend in which she chooses to exercise her visitation.
Without prejudice to her rcyucsting the Court to grant her primary physical
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custody of Gretchen at some time in the future. Aunt hereby withdraws her current rights to and
claim for primary physical custody, as set out in the Order of Novcmber 24. 1998. 1I' Mother
chooses, Aunt may exercise Mother's partial custody rights in her stead.
5. i ida s. Pending further written agreement, Mother and Father shall have
custody, partial custody or visitation rights with Gretchen on holidays as they agree on from time
to time. Aunt shall have two (2) weeks uninterrupted summer vacation with Gretchen. Aunt will
provide notice to Father by May I of the year in which she desires to exercise her vacation with
the child.
6. Telephone Contact. Mother, Father, and Aunt shall have the right to reasonable
telephone contact with Gretchen while the child is in the custody of time other.
7. Emer; et fetes. All parties shall promptly notify the other parties of any emergency
involving the health, safety or welfare of the child.
8. The custody conciliation conference set for April 9, 1999, shall be canceled.
9. The parties intend to be legally bound by the terms of this agreement and desire that
it be made an Order of the Court. The parties may modify the provisions of this Agreement by
the agreement of all of the parties, but in the absence of such agreement, the terms of this
Agreement and Order shall control.
10. To maintain consistency in the child's educational progress, Father will enroll
Gretchen M. Devine in either the Cumberland Valley School District or West Shore School
District where she will remain enrolled until further Order of this Court.
1 1. '1 o hest manage Gretchen's special medical conditions (ADI11) and Sciiure
disorder), Father will continue regular appointments with Dr. IIrown, pediatric neurologist, and
Dr. Jill Morrow, child developmental specialist.
IN WITNESS WI IFREOF, the parties hereto have set their hands and scads the (Lite and
year first written Am c.
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WITNESS:
Lisa M. Long
I amcla G. Devine
MichaeCJ. Devine
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LISA M. LONG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 98-5971 CIVIL TERM
PAMELA G. DEVINE and CIVIL ACTION - LAW
MICHAEL J. DEVINE, CUSTODY
Defendant
ORDER OF ODURT
AND NOW, this e" day of ' , 1998,
upon consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
I. The prior order of this Court dated August 18, 1995 as it
pertains to Gretchen Devine, born February 10, 1991, is vacated and
replaced with this Order.
2. The Maternal Aunt, Lisa M. Long, the Mother, Pamela G.
Devine, and the Father, Michael J. Devine, shall have shared legal custody
of Gretchen Devine. The parties shall follow the recommendations of the
Child's physician with regard to administration of medication and changes
in dosages to medication for the Child. All parties shall have full access
to the Child's medical and school records, including the Child's Individual
Education Plan and process. The Maternal Aunt shall provide to the Father
notice of any major school activities and events involving the Child,
including school conferences. The Father and the Mother shall contact the
Child's school directly to obtain information concerning ongoing activities
involving the Child and a copy of the school calendar.
Devine. 3. Lisa M. Long shall have primary physical custody of Gretchen
.
4. The Father shall have partial physical custody of Gretchen
on alternating weekends from Friday at 5:00 p.m. through Sunday at 5:00
p.m. and the Mother shall have a supervised period of custody with the
Child on the altenating Sundays from 9:00 a.m. until 5:00 p.m. or any
portion of the time period during which the mother can obtain supervision.
The Mother's periods of custody with the child shall be supervised until
such time as the parties agree that supervision is no longer necessary.
follows: 5. The parties shall have custody of Gretchen on holidays as
A. Thanksgiving 1998: In 1998, the Mother and the Father shall
share having custody of Gretchen at the Paxton Street
Ministries in Harrisburg on Thanksgiving Day.
B. Christmas 1998: Over the Christmas holiday in 1998, the
Father shall have custody of Gretchen from Christmas Eve at
5:00 p.m. through January 3, 1999 at 5:00 p.m. The Mother
shall have a period of supervised custody with the Child on
Christmas Day from 10:00 a.m. until 5:00 p.m. and additional
periods during the Child's Christmas break from school as
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arranged by agreement between the Mother and the Father to
coordinate with the Mother's work schedule and the
availability of a supervisor.
C. hinter. 1999: Lisa M. Long shall have custody of Gretchen
over the Nlf;ter holiday and spring break in 1999. In the
event Lisa M. Long is working over a period of the
Easter/spring break holiday, the Father shall be given the
first opportunity to provide care for the Child before third
party caregivers are contacted.
D. Other School Holidays/In-service Days: Lisa M. Long shall
have custody of Gretchen during other miscellaneous school
holidays and in-service days. In the event the Maternal
Aunt is unavailable to provide care for Gretchen during the
school holidays/in-service days, the Father shall be given
the first opportunity to provide care for the Child before
third party caregivers are contacted.
6. The parties and their counsel shall attend a second Custody
Conciliation Conference on April 9, 1999, at 12:00 noon in the office of
the Conciliator, Dawn S. Sunday, Esquire to review the temporary
arrangements established in this Order by agreement of the parties.
7. This Order is entered pursuant to an agreement of the
parties at a Custody Conciliation Conference. The parties may modify the
provisions of this Order by agreement of all parties. In the absence he
agreement among all parties, the terms of this Order shall control.
8. The Custody Complaint filed in this matter under Docket No.
98-5971 is hereby consolidated into the related custody matter previously
filed at Docket No. 95-4413.
BY THE COURT,
Edgar B. Bayley, J.
cc: Emily L. Hoffman, Esquire - Counsel for Plaintiff, Maternal Aunt
Johnna J. Deily, Esquire - Counsel for Mother
Thomas M. Place, Esquire and Nichole M. Walters, Legal Intern -
Counsel for Father
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LISA M. LONG, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUN'T'Y, PENNSYLVANIA
VS. : NO. 98-5971
PAMELA G. DEVINE and CIVIL ACTION - LAW
MICHAEL J. DEVINE, ,
Defendants CUSTODY
PRIOR JUDGE IN RELATED CASE: Edgar B. Bayley
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:
Child's Name Date of Birth In Custody of
Gretchen M. Devine February 10, 1991 Plaintiff
2. A Conciliation Conference was held on November 12, 1998, with
the following individuals in attendance: The Plaintiff, maternal aunt,
Lisa M. Long, with her counsel, Emily L. Hoffman, Esquire, the Mother,
Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the
Father, Michael J. Devine, with his counsel, Nichole M. Walters, Legal
Intern and Thomas M. Place, Esquire.
3. This case involves a maternal aunt seeking primary physical
custody of one of the Defendants' two Children, Gretchen Devine, born
February 10, 1991. It should be noted that a separate custody action was
filed between the parents (Defendants in this case) in 1995, in which this
Court entered a Temporary Order dated August 18, 1995 concerning custody of
both Children of Pamela and Michael Devine, namely, Gretchen Devine, born
February 10, 1991 and Jean Devine, born August 28, 1994. The Custody
litigation between the parents is docketed as follows: Pamela G. Devine,
Plaintiff vs. Michael J. Devine, Defendant No. 95-4413. A Custody Order in
that case was recently entered by Judge Bayley on November 3, 1998
reflecting an agreement of the parties at a Custody Conciliation Conference
(on October 27, 1998) as to custody arrangements for Jean Devine only.
Because both of these cases involve custody arrangements for Children of
the same family and a Custody Order was entered in the 1995 case involving
Jean Devine who is also the subject of the 1998 Custody Petition, the
Conciliator recommends that these matters be consolidated under the 1995
caption. Counsel for both the mother and Father agree to the
consolidation. However, it should be noted that Lisa Long, Plaintiff in
the current case and her counsel oppose the consolidation.
4. The parties agree to entry of an Order in the form as
attached, with the exception of the provision regarding consolidation which
is the recommendation of the Conciliator.
Date --""'+
Dawn S. Sunday, Esquire
Custody Conciliator
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THE LA`TJ FIRM OF ART
KILLIAN & GE
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?5?;; HARRI6BURG, PENNSYLVANIA
GERTIFIE? DOPY
ORIGINAt"" ?___-
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PAMFLA (i. DI'.VINi .
Plaintill
MIC'IIAFI..I. DIiVINIi.
Delcndam
LISA M. LONG,
Plaintill
V
MICHAEL DI:VINI:and
PAMELA DEVINE.
Defendants
IN I I II. COI IR 1 01 COMMON ITFAS OF
CI!MFIIfRLAND CM IN I Y.
I'I NNSYI VANIA
No. 98-1971 Civil I cnn
1consolidated w/ No. 95-4413 Civil Term ?
CIVIL AC ZION - LAW
IN C'IISTODY
PETITION FOR SPECIAL RELIEF
1. PARTIES AND BACKGROUND FACTS
1. Petitioner, Lisa M. Long (hereinafter Maternal Aunt), is an adult individual
who currently resides at 751 Old Quaker Road, Lewisberry, York County, Pennsylvania
17339.
2. Respondent, Pamela Devine (hereinafter Mother), is an adult individual
who currently resides at 801-A West Valley Street, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. Respondent. Michael Devine (hereinafter Father), is an adult individual
whose last known address is 508 Main Street. Mechanicsburg, Cumberland County,
Pennsylvania 17055.
4. Petitioner Lisa long is the Maternal Aunt. Respondent Pamela Devine is
the Mother and Respondent Michael Devine is the Father ofthe two children who are the
subject of the abuse-captioned actions. specif icaIIy. ( iretchcu I )cyine, burn un February
10, 1991, and Jean Dcyine, born on August 24, 1994.
5. I he w.o aforementioned actions were consolidated un November 24. 1999.
as per paragraph 8 ol'Ihe I lonorable Edgar R. Bayley's order of November 24, 1998,
which states that. "jt jhe Custody Complaint tiled in this matter under Docket No. 98-
5971 is hereby consolidated into the related custody matter previously filed at Docket
No. 95-4413."
6. The most recent custody order entered in action No. 98-5791 is this Court's
Order ol'Seplember 13, 2000. which grants shared legal custody of Gretchen to Lisa
Long, Pamela Devine and Michael Devine. and grants Michael Devine primary physical
custody, and periods ofpartiai custody to Lisa Long and Pamela Devine.
7. '['his Court's Order of September 13, 2000, does not address custody of
Jean Devine. petitioner believes and therefore avers that the only order that this Court
has entered regarding Jean Devine was entered in action No. 95-4413 on November 3,
1998, at which time this Court granted shared legal custody ol'Jean Devine to Pamela
Devine and Michael Devine, granted Michael Devine primary physical custody, and
granted Pamela Devine periods of partial custody.
8. On January 24, 2001, Lisa Long filed an Amended Custody Complaint to
include a request for a custody order regarding.lean Devine as well as Gretchen Devine.
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9. Consisle nt %N it h this C'ourt's ( )rder of Apri125. 2000. the parties herein
obtained a comprehensive mental health evaluation perlormc l by Arnold Shienvold.
Ph.D. This evaluation has been completed and I )r. Shienvold issued a report dated
December 14, 2000. (A true and correct copy ofwhich is attached hereto as Exhibit A
and is incorporated herein).
10. In his report. Dr. Shienvold "strongly recommended that Lisa Long become
the primary physical and sole legal custodian of Gretchen and .lean Devine. Lisa is the
only one ofthe adult care givers ofthese children to show a constant level ofstability.
responsibility and maturity in their life." (Sec Fxhibit A, page 7).
IL On .lanuarv 24, 2001. Maternal Aunt and Mother filed a Petition for
Modification and Contempt requesting this Court, inter n(ia to enter an order granting
primary physical custody ol'Gretchen and Jean Devine to Maternal Aunt and amending
the remainder of the custody order consistent with Dr. Shienvold's recommendations.
12. A Conciliation Conference was held befbre Dawn Sunday on February 20,
2001. (A true and correct copy of the Custody Conciliation Summary Report is attached
hereto as Exhibit 13 and is incorporated herein).
13. Since the parties were not able to reach an agreement at the conference, the
Court scheduled a hearing for May 17, 2001, at 8:45 a.m.. (A true and correct copy of
the court order, dated February 27, 2001, is attached hereto as Exhibit C and is
incorporated herein).
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11. FACTS 12F;LI:VAN'1"fO RI?( l) II?S'1' FOK 1-:111?RG_IN('Y ('lltia'OUY
HEARING
14. On March 29. 2001, it meeting %%&, held at the I Ipper Allen lilentcnlar)'
School regarding Gretchen Devine because Gretchen had exhibited characteristics ol'a
child in crisis on Monday. March 26.2001.
15. According to Marcella Whiteside. Principal ol*the Upper Allen Flementary
School. Gretchen had been having bouts oF"crying. screaming and sometimes rolling on
the floor. At other times. she would begin to laugh (almost in a hysterically way) and
mumble thoughts totally unrelated to anything happening in school." (A true and correct
copy of Ms. Whiteside's correspondence, dated March 29. 2001. is attached hereto as
Exhibit D and is incorporated herein).
16. Gretchen's dillicultieS have greatly escalated during the month of March.
(See Exhibit D, page 1).
17. Other observations that Principal Whiteside made regarding Gretchen are as
Follows:
She often conies to school with uncombed hair. Dad has
conic in to demonstrate what she does when he brushes her
hair. According to Mrs. I lilbish, he does it with a clean dog
brush. This is part of the morning battle.
Sometimes clothes are dirty and they have holes in them.
Sometimes here face is caked with Food or dried drool.
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Site has cone in with remnants of a ho%ccI nnn entent on her
underwear and swealpants on Ihree occasions. on two of the
occasions. it was dried and caked on.
(Sec I?xhihit D. page 2).
IR. Pursuant to the request orthe undersigned counsel. Dr. Shienvold reviewed
the aforesaid letter written by Principal Whiteside.
19. Dr. Shienvold stated that
II the letter raises serious concerns with respect to Gretchen's
well being in her current environment.... one of the
concerns expressed in 1111yl evaluation was that Gretchen's
overall behavior and development would deteriorate il'she
remained with her Lather. '['his letter provides further proof
that Gretchen is deteriorating. It is essential that Gretchen
be removed from that environment as coon as possible.
The nature of the deterioration described in the letter is
serious.
(A true and correct copy of Dr. Shienvold's correspondence, dated April I, 2001, is
attached hereto as Exhibit E and is incorporated herein).
20, Dr. Shienvold recommended that Gretchen and Jean be immediately
removed from their Father's care and be placed with their Maternal Aunt until this
situation has been resolved by the Court.
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WHP,REFORF.. for the foregoing reasons. Petitioner. Lisa M. Lung, respectfully
requests this Court to enter an interim order granting Petitioner primary physical custodN
ol'Gretchen and .lean and providing Father %%ith periods of partial custody as this Court
deems appropriate under the existing circumstance,.
Re3peetlltlly submitte(l,
J.1 )'1611 IchVy
ttorno ID 1153149
Killian & Gephart
219 Pine Street
I Iarrisburg, PA 17101
(717) 232-1951
Dated: April 9, 2001
Attorneys liar Petitioner, Lisa M. Long
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VERIF:CAT'i0:1
? her. ;e:-i.fy ,..-r._ t?_ __?•._..:.._: cc _ ..._ r;?._= i _.._
forec ing dcc_-ie..c an.. .._st of c.y
knowledge, ic_`or:r•ation a::d 'neli-f. _^_.t an false
sta,e7nenzs there:r. are_ SllLJ? _. t[.e °...C,i_ i.^.eo .... ?C
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?a.C.C 51c.D 9Ci^.C to c:Swcrn fa_s__ < 'cn Y^,?r{r?>c
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Dated: I/ LI_ //I
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Riegler • Shienvold
r & Associates
Paul I lelvy, Esquire
218 Pine St., P.O. Box 886
Harrisburg, PA. 17108-0886
Andrew Sheely, Esquire
127 No. Market St.
Mechanicsburg, PA. 17055
Johnna Deily, Esquire
26 W. I ligh St.
Carlisle, PA. 17013
Dear Attorneys:
mol
December Id. 2000 ti , a
Enclosed please find the custody evaluation completed by Dr. Shienvold
regarding your clients Lisa Long, Michael Devine and Pamela Devine.
Please feel free to contact Dr. Shienvold if you have any questions regarding this
report.
Encl.
Sincerely,
RIEGLER, SHIENVOLD & ASSOCIATES
Sandy Keefe
Pax: (717) 5-1()-]-l1() • 7171 i-tU- • 'I I I urJc?t????n 16)zid. Suitc Iof) • IIzirri,hurs. Penn.svkani:i 17110
wegler • Shit.11%"Id
& Associates
Custody Evaluation
Lisa M. Long
V.
Pamela G. Devine and
Michael J. Devine
Referred By: Mutual consent of the parties.
Referral Reason: To conduct a comprehensive custody evaluation and to make
recommendations regarding the most appropriate custodial
arrangements for Gretchen Marie Devine, DOB 2/10/91 and
Jean Marie Devine, DOB 8/28/95.
Individual Interviews: Lisa Long 6/15/00, 6/28/00, 7/17/00, 7/25/00,
9/29/00
Michael Devine 6/29/00, 7/24/00, 9/18/00,
Gretchen Devine 7/6/00, 8/7/00, 1015100
Jean Devine 7/6/00, 8/7/00, 10/5/00
Pamela Devine 6/26/00, 8/7/00
Iona Bryant 8/7/00
Parent-Child Interactions: Each parent was observed interacting with the children
Home Studies: Observations were made at each parent's residence while the
children were present. The houses were examined for any
safety concerns within the home.
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Long v. Devine t
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Psychological Testing: Minnesota Mtilt iphasic Personality Inventory-2 (MMI11-2) t
" Lisa Long
* Michael Dcvine (Mr. Devine's test was read to him 4?1 {
due to his limited reading ability)
Additional Information: I. School records for Gretchen Devine from Mechanicsburg
School District
2. Records for Iona Bryant from The Stevens Center
;. Records for Pamela Devine from The Stevens Center
4. Letter from Andrew C. Shcely to Dr. Shienvold
describing the invo]vement of Jean Devine in the custody
evaluation
5. Two letters from Dr. Todd F. Barron, pediatric
neurologist for Gretchen to Dr. Young. Gretchen's family
doctor, regarding his care and observations
6. Medical records from Holy Spirit Hospital on Gretchen
7. July 6, 2000 Escape Center report
8. Drug screen report dated 7/29/00 on Mike Devine
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9. Psychological Evaluations on Gretchen completed by
Karen E. Weitzner. Ph.D. on May 26, 2000, and Jessica Hart,
M.A. on 10/17/99
10. Report card narrative for Gretchen updating the 2000-
2001 school year
11, Letter dated November 2000 from Paul Helvy, Esq. To !
Andrew Sheely, Esq.
12. Order of Court dated February 1999 signed by J.
Edgar B. Bayley
Long v. Devine
Page 3
13 ( lutody Stipulation and ( )idol dated January 3 I. 1999
Id. ()ader of('ouIt dated August ? I. 1995
15. Notebook of materials Supplied by Lisa Long
documenting a variety of interactions and incidents between
the various parties in this case
16. Verbal feedback from Ivan %ook of Edgewater regarding f'
interactions with Michael and Gretchen and Lisa
17. Phone interview with Ann Allcman, former live-in
paramour of Michael's
The recommendations that follow are the result of a careful review of all of these
sources of information. They arc offered in accordance with a reasonable degree of
psychological certainty.
Recommendations:
it is strongly recommended that Lisa Long become the primary physical and sole
legal custodian of Gretchen and Jean Devine. Lisa is the only one of the adult care-givers
of these children to show a constant level of stability. responsibility and maturity in her
life. Both Mike Devine and Pamela Devine have had multiple mental health and drug
related problems. Additionally, Mike continues to experience physical problems that
have made him unable to work.
As is well documented, Gretchen is a special needs child. She has been diagnosed
as being in the Moderate range of mental retardation and has been in a life skills
classroom. Gretchen suffers with a Seizure Disorder and has also been diagnosed with
Attention Deficit Hyperactive Disorder. She has a considerable amount of special needs,
including close attention being paid to tier medication routines.
Gretchen desperately needs consistent routine, structure and attentive nurturance
in order for her to improve in her ability to learn and practice basic life skills and
activities of daily living. Neither Pain nor Mike can provide the type of consistent
environment that Gretchen needs. Over the past year since Mike has been primarily
responsible for Gretchen's care, Gretchen has deteriorated in her overall adjustment both
Long v. Devine
Page 4
in and out of school. Nlike has found it necessary to seek assistance from I loly Spirit
I lospllal in order to control tiretchen's behavior. I le has attempted to utilize IncreaG ng
amount of medication in order to deal with her alleged sleep difficulties and Gretchen has
shown increased seizure activity since she has been in Mike's care. Gretchen's behavior
in school has worsened and she shows inappropriate behaviors at home that did not exist
to as great an extent when she was with her aunt.
To his credit Mike has sought outside assistance with the care of Gretchen. Fie ;
has had behavioral specialists and TSS assistance within the home. Ile has also taken
parenting classes. i lowever, the application of the techniques he is to be learning and +
using is not occurring in any type of consistent fashion. Additionally, it has heen
reported that Mike has continued to use marijuana, cocaine and alcohol since he has been
primary custodian. Furthermore. Mike admitted that he is taking significant quantities of
pain killers, such as Vicodin, to such a degree as to cause on going problems with his 4
own energy levels.
During the time that the children have been in Mike's care, lie has had the woman '
with whom lie was living leave him. Of great concern is the fact that she let[ and went to I^,
a women's shelter for abuse. Ann Alleman has accused Mike of physical, mental and
sexual abuse during the course of her relationship with him. These alkgatioms are
consistent with similar allegations made against Mike by lie ex-wife, Pain. Ms. Alleman
also noted that Mike was consistently using marijuana during the time she lived with him r '
and occasionally used cocaine. She noted that he also used alcohol. Although Ms. Y
Alleman denied that Mike physically abused the children, she reported that he would j
consistently neglect their care by providing inadequate supervision and that he would
mentally abuse them. She reported that Mike would frequently sleep for most of the day
and that it was her responsibility to watch the children.
Mike's presentation during this evaluation was inconsistent. On one occasion he r
would be cooperative, well groomed and interact appropriately. On another occasion
Mike appeared with a one to two day growth of beard, clothing that was dirty and g
disheveled, and smelling badly. His mood on that occasion was irritable and suspicious.
He did not appear for one appointment. Mike noted a reading disability and it is believed j '
that Mike's intellectual level is somewhat limited. He denied the use of any drugs other
than pain killer, but admitted extensive use of these. His drug screen was negative for
any substances, which is somewhat suspicious given the admission he made about the
drugs lie was using. Mike admits that lie is a "recovering drug addict" and has been in
rehabilitation in the past.
Long V. Devine
Page 5
A4ike's MMPI-2 results are consistent with the observations made during the
interviews. I Iis profile is valid and is coi4sisteut with a!1 individual wlw shotr:S velti' Iittle
insight into his own problems. "These individuals tend to focus on their own needs and
are often perceived as either hypochondriacs, malingerers, or possessing psycho-somatic
illnesses. Additionally, Mike scored very high on the McAndrew's Scale, which is a
measure of addiction proneness. This is not surprising given his drug and alcohol history.
Mike's involvement with his children is of recent advent. Mike and Pam were
married when Gretchen and Jean were born. Mike indicated that he began drinking
heavily after Gretchen's birth because he could not cope with his sick child. He and Pam
were living in Florida at the time. Mike's was not primary in the care of Gretchen. In
fact, he continued to drink heavily and then became a heavy user of cocaine. Ultimately,
after Jean's birth, Pam left Mike and initially lived in a women's shelter. As mentioned
above, she, too, accused Mike of physical, sexual and mental abuse. Shortly after their
separation Mike went to Roxbury for drug rehabilitation. When released, tie lived in a
half-way house for the next 9 months. During that year, Nlike could only remember
seeing the children on 2 or 3 occasions.
Mike then went to live with his parents in Camp Hill for the next 4 years. He
reported that during that time he would only see the children "when my parer+ts would let
me." He believes that he saw them approximately one time per month. He admitted that
at that time he always had an adult around to "help me." It was in 1998 that Gretchen
went to live with Lisa because Pam was physically abusing her and unable to control her.
Jean remained with Pam.
According to Mike, lie attempted to get Gretchen help for her problems from then
on. but Lisa would not let him. He stated that Lisa would not allow him to get the
medications that Gretchen "needed," such as the sleep medications and anti-anxiety
agents. However, Mike became concerned that Jean had been sexually abused so he
reported Pam to the Children and Youth Agency, again. Mike also took pride in stating
that he got Pam in trouble with the welfare authorities and the low income housing
authorities. Mike was given custody of Jean at that point, in spite of the fact that he had
spent no more than one weekend a month with either child since Jean's birth. Mike then
alleged that Lisa told him she no longer wanted Gretchen so he took custody of her in
January of 1999.
Long V. Devine
Page G
The latter "facts" of -like's story are at best distorted and at worst fictitious. Lisa
had taken custody of Gretchen in 1998 luxatiw of the deteri<ualiug situation between
Pain and Gretchen. Pam was aware that she could not handle Gretchen and asked Lisa to
take her care. Lisa maintained custody until \,like was given custody in January. This
was not if function of Lisa no longer wanting custody. Rather, Mike was showing
increased insistence at having Gretchen with him and he had detnatstratul a desire to be
the custodian. Lisa was advised that as a non-biological parent she had little legal
standing. She decided to negotiate for as much time with the children as possible, rather
than put them through a court battle. She now regrets that decision because she feels that
their well being has not been maintained by their fiather.
Lisa presented as a bright, highly articulate woman. She is employed by Bristol-
Myers as a sales person in their oncology division. She reports that her work hours are
very flexible and adaptable. She generally works five days per week and makes her own
schedule. She has to travel out of the area one time each quarter. Lisa noted drat she had
the same job when she cared for Gretchen in the past.
Lisa is single and lives in her own home in Lewisberry. She lives on a farm and
raises horses. The home is well maintained and aWopriate for children the ages of Jean
and Gretchen. The children were observed in this setting and clearly enjoy it. The
children are allowed to ride the horses and they are carefully supervised by their aunt.
Both children refer to Lisa as Aunt Lisa and they easily display affection with her. In
their interviews. Jean and Gretchen spoke of Lisa in affectionate terms and showed a
distinct preference to her home and environment over that of their father's.
Lisa reported that she is a very organized person. Her home and her style
reinforced that fact. Lisa referred to her appointment book consistently when asked
questions about what she did with the children, or what appointments she had. She also
puts an emphasis on routine and stricture when she is with the children. However, she
demonstrated a good understanding of both of their needs, exceptional patience with
Gretchen and knowledge that Jeannie is in need of attention in this situation.
Lisa's primary weakness when it comes to her parenting is some denial about the
extent to which Gretchen's cognitive problems affect her ability to learn and perform
tasks. Where Mike demonstrates too willing an attitude to use medications as a means of
"controlling" Gretchen and too little expectation for tier behavior, Lisa errs in the
opposite direction. However, it is believed that Lisa is willing to put in the extra work
and effort necessary to help Gretchen obtain higher goals.
Long V. Devine
Page 7
It should be noted that Lisa's M'vlPI-2 profile is totally within the normal range.
She has taken a somewhat defensive approach to answering questions This is not
uncommon in this type of evaluation. I lowever, these individuals generally show good
coping mechanisms and are effective in their day-to-day responsibilities.
While it is fairly obvious that Gretchen can benefit from the more stable,
structured environment offered at her aunt's ]ionic, it is irnlwruuit that Jeannie not be
overlooked in this process. While there is little evidence that Mike is physically abusing
Jeannie (on the other hand, there is evidence that Mike has used corporal punisiunent
with Gretchen to the extent of leaving bruises on her), it is clear from this evaluation that
Mike is not demonstrating the ability to parent either of these children. The factors that
have already been mentioned would preclude him from having the primary responsibility
in the care of any child. It should be noted that Mike has had difficulty getting the
children to school on time, dressing them appropriately for the conditions, and picking
them up from school. He has also left the children in the care of others for extended
periods of time, with his whereabouts being unknown.
Jeannie is in need of as much adult care and supervision as any other child her age. j
She does not have the special needs of Gretchen, but she has had to be placed in learning
support because she is already lagging behind her classmates. Furthermore, Mike has
tended to place considerable amounts of responsibility on Jeannie for helping with
Gretchen. This may be contributing to some of the sibling problems that they have been
having this year. In general, these two sisters are strongly attached and should not, again,
be separated from one another. Jeannie is a cute, resourceful and verbal young girl who
also needs the stability of her aunt's home. !.
Pam Devine wants her sister to gain custody of both of her children. She does not
trust Mike and believes that the girls have deteriorated under his care. She fears his
abusive nature and believes that he is using alcohol and drugs. Pain realizes that due to
her on-going mental health problems that she is unable to be the primary care provider for
the children. She is content to have access to them on a regular schedule. Pam is
currently in a relationship with Iona Bryant. Iona also has a significant psychiatric
history. She is on disability for her mental and physical reasons.
Given these factors, it is recommended that Mike visit with his children the first
Saturday and third Sunday of every month from 12:00 P.M. to 6:00 P.M. He should be
reminded that he is not to use drugs or alcohol at all on the mornings prior to getting the
children, or while he has them in his custody. Mike should also be allowed time with the
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Long v. Devine
Page S
children al major holidays. The children should be allowed to visit with Pain on the first
Sunday of file month fr ni 13:00 PA4. until 6:00 P.,M. and on the third Saturday of the
month from 6:00 P.M. until Sunday at 12:00 P.M. Pam should also be allowed to spend
time with the children on each major holiday.
It is recognized that recommending sole legal custody is highly unusual.
However, this is a highly unusual case. Gretchen is in need of many educational and
medical interventions. There needs to be stability, consistency and planning involved in
her care. It is not believed that Mike, or Pain can provide that type of consistency.
Furthermore, neither can be relied upon to deal with decision making in a collaborative,
mature, rational or timely manner. In fact, Mike has noted that he does not want to have
to make decisions with Lisa He wanted sole legal custody, or shared legal with Pam,
who he thought lie could control and intimidate. Pam and Mike should be kept informed
of all decisions that are made regarding their daughters.
Pam and Mike Devine both appear to love their children. However, neither of
them is capable of consistently providing for their best interests. Lisa Long has shown
the desire and ability to provide for her nieces' best interests. She should be awarded
custody of both of them.
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Dated Arnold T. Shienvold, Ph.D.
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PAMELA G. DEVINE, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND CXNTY, PENNSYLVANIA
Vs.
MICHAEL J. DEVINE,
Defendant 9,1-5971 CIVIL TEi2.M
NO.
LISA M. LONG,
Plaintiff
VS.
MICHAEL DEVINE and PAMELA DEVINE, . CIVIL ACTION - LAW
Defendants : IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley
CUSTODY CONCILIATIGN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-81 the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the
subjects of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Gretchen Marie Devine February 10, 1991 Father
Jean Nichole Devine August 28, 1994 Father
2. A Conciliation Conference was held on February 20, 2001, with the
following individuals in attendance: The Mother, Pamela G. Devine, with
her counsel, Johnna J. Kooecky, Esquire, the Father, Michael J. Devine,
with his counsel, Andrew C. Sheely, Esquire, and the Maternal Aunt, Lisa M.
Long, with her counsel, J. Paul Helvy, Esquire.
3. This case was initiated as two separate actions, one in which the
Mother initiated custody proceedings against the Father and the other, in
which the Maternal Aunt filed for custody naming the parents as defendants.
The entire matter has been consolidated. This matter has been in
Conciliation on several previous occasions, at which time orders were
entered based upon agreements reached at the time.
The present Conciliation Conference was held on the Maternal
Aunt's Petition for primary physical custody of both Children and the
Maternal Aunt's Petition for Contempt against the Father. The Mother has
joined in the Maternal Aunt's Petitions. This has become a very
complicated custody matter both as to the factual situation and the legal
issues involved. The parties were not able to reach an agreement at the
Conference and it will be necessary to schedule a Hearing. The following
is a brief summary of the Orders previously issued in this matter:
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March 24, 1998 order grantinc Maternal Aunt primary physical
custody of Gretchen, partial custody to Father and Mother and i-
shared legal custody between all 3 parties.
November 3, 1998 order granting Father primary physical custody of.
Jean and shared legal custody of Jean by Father and Mother.
February 3, 1999 order on Stipulation granting Father primary
physical custody of Gretchen, partial physical custody of Gretchen tttE
to mother and Maternal Aunt and shared legal custody between all 3
parties.
April 25, 2000 order granting Father primary physical custody of
Gretchen and partial physical custody of Gretchen to Mother and
Maternal Aunt; the parties were to obtain a mental health
evaluation of Gretchen and also a custody evaluation pertaining to
both Children.
September 13, 2000 order granting Father primary physical custody
of Gretchen with partial custody of Gretchen to Mother and
Maternal Aunt and legal custody to be shared by all 3 parties.
4. The Maternal Aunt's position on custody is as follows: The
Maternal Aunt seeks primary physical custody of both Gretchen and Jean
based on her concern that the Children are not receiving consistent and
appropriate intervention for their medical and educational needs from
either the Father or the Mother. The Maternal Aunt is further motivated by
Dr. Shienvold's custody evaluation report in which he recommends that
primary physical and sole legal custody of both Children be transferred to
the Maternal Aunt. An issue of main importance to the Aunt is treatment
for Gretchen who has been diagnosed with ADHD and Seizure Disorder. The
Aunt and the Father, in particular, have not been able to agree in the past
on the proper care and treatment. The Maternal Aunt asserts that she has
standing to seek primary custody of both Children through in loco parentis
status. The Maternal Aunt has also filed a Petition for Contempt alleging
that the Father threatened to shoot both the Mother and the Maternal Aunt
and that the Father failed to provide treatment or to notify the Mother or
Maternal Aunt of Gretchen's broken finger.
5. The Father's position on custody is as follows: The Father
strongly opposes the Maternal Aunt's Petition for primary custody of the
Children and disputes Dr. Shienvold's findings and recommendations
concerning the custody arrangements. The Father believes that Dr.
Shienvold's recommendations, which propose that the Maternal Aunt have
primary physical custody and sole legal custody of the Children and the
Father have partial custody on 2 weekend days per month for 6 hours, in
effect terminates the Father's parental rights with respect to the
Children. Although the Father indicated he would be willing to agree to
reasonable partial custody arrangements for the Maternal Aunt, The does not
believe that a transfer of primary custody is appropriate.
argues that the Maternal Aunt has no standing to seek primary physical
custody of the Children, particularly Jean, for whom no prior order has
been entered giving the Maternal Aunt custody rights.
6. The Mother's pcriticn cn cu:,tcdy is ae; follows: The Mother join:
in the Maternal Aunt's Petition fcr primary physical custody of the
Children. The Mother believes that the Maternal Aunt is the party who is
best able to provide the appropriate care for the Children at this time.
The Mother does not dispute the recommendations of Dr. Shienvold's
evaluation and believes she and the Maternal Aunt would be able to
establish a satisfactory iartial physical custody schedule by agreement.
7. The Conciliator recommends an Order in the form as attached
scheduling a Hearing. Due to the complexity of the factual and legal
issues in this case, it is expected that the Hearing will require at least
one full day. Counsel for the Maternal Aunt and Mother (who has joined in
the Maternal Aunt's Petition) indicated that they expect to present 6
witnesses, including the Maternal Aunt, Dr. Shienvold, the Mother, a
teacher, a health practitioner and possibly the mother's paramour. The
Father's counsel indicated that at this time he intends to call 4
witnesses, including the Father, a representative of Edgewater Services and
possibly 2 other friends or family members. The legal issues include
questions of standing of the Maternal Aunt to seek custody of each Child.
There are also issues concerning legal custody because of the health,
mental health and educational factors of special concern in this case.
Date Dawn S. Sunday, Esquir
Custody Conciliator
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PAMELA G. DEVINE,
Plaintiff
VS.
MICHAEL J. DEVINE,
Defendant
LISA M. LONG,
Plaintiff
VS.
MICHAEL DEVINE and PAMELA DEVINE.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CD?SIERLAND COUNTY, PENNSYLWNIA
N0. 98-5371 CIVIL TER%1
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
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AND NOW, this day of 2001, upon
consideration of the attached Custody Conciliation Re- t, it is ordered
and directed as follows:
,
A Hearing is scheduled in Court Room i` of the Cumberland
County Court House, on the ]f?i day of C _
2001, at -GI B o'clock, CL/ .m., at which ti testimony will be
taken. For purposes of this Hearing, the Maternal Aunt, Lisa M. Long,
shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties shall file with the Court and opposing
counsel, a Memorandum setting forth each party's position on custody, a
list of witnesses who are expected to testify at the Hearing, and a summary
of the anticipated testimony of each witness. These Memoranda shall be
filed at least 10 days prior to the Hearing date.
III •(_ifl(Gq?..? ,qd,.. .. ._.
Bfll? 1?i' I of `1 .
BY THE COURT,
gar 2V Bayley, J.
cc: Andrew C. Sheely, Esquire - Counsel for Father
Johnna J. Kopecky, Esquire - Counsel for Mother
J. Paul Helvy, Esquire - Counsel for Maternal Aunt
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Upper Allen Elementary School
179O SOUTH MAAKETSTREET MECHANICSBURG, PA 17055.5589
TELEPHONE t717) 891.4594
March 29, 2001
TO Whom It May Concern,
What follows is a summary of information I shared at the meeting rcferarcc Gretchen Devine on
March 28, 2001 at Upper Alien School.
Gretchen Devine, a 3 a grade student at Upper Allen Elementary School, exhibited characteristics
of a child in crisis on Monday, March 26, 2001. She had bouts of by crying, screaming and ?'
sometimes roiling on the flottt. At other timer, she would begin to laugh (almost in a hysterically
way) and mumble thoughts totally unrelated to anything happening in school. 'lhe staff tried
various strategies to snap her out of this from coaxing, to king playful, and placing her in an
isolated area. Nothing worked. Even those who have been successful with Gretchen before had
difficulty in stabilizing Gretchen 's snoods. Eventually we were able to get her to come down to
the office area. We kept her in the office until dad arrived. Dad was here for about 2 hours as we
consulted to Children and Youth, Edgewater (Yolanda Troy) and Cumberland County Mental
Health (Dwayne Lentz). Both Mom (Pam Long) and Gretchen's aunt (Lisa Long) were
contacted.
For the record, I'm listing dates when behaviors were off task for the entire day since November
of last year. You'll note the escalation during the month of March. Additionally, on days that
she was tardy because of difficulties at home, she has a rough time at the beginning of the school
day. Both dad and Gretchen admit to the difficulties at home.
11/30/00 - Thursday
12/ 7/00 - Thursday
1/06101 - Thursday
1/25101 - Thursday
2120101 - Tuesday
3/01/01 -Thursday
3/02/01 - Friday
3/07/01 -Wednesday
3/08/01 - Thursday
3/09101 -Friday
3/12/01 - Monday
3114 - 3/19 - holiday
3/21/01 - Wednesday
3/21101 - Thursday
3/36101 - Monday
3/27/01 - Tuesday
Also attached is documentation of Gretchen's attendance since the beginning of the year.
r
Other glaring observations include the frepuent verbal outbursts often repeated many times:
Outbursts unrelated to anything happening in the school environment. Listed below are sorn of
the most froqueau ones.
.
• "Give me the money."
• "No, I'm not listening to you."
• "I don't have to listen to you."
• "The lawyer will take can: of this."
• "I'll call the cops."
• "I'm going to the judge."
• "1'm going to court."
• "I'm ca&g 911."
"My life is ruined."
'm going to get the kids."
Other observations include:
She often cones to school with uncombed hair. I)ad s as comsh he to does tics ionsr a clean what
she does wbets he brushes her hair. According Mr
dos brush. This is part of the morning battle.
• Sometimes elothL arc dirty and they have holes in than.
Sometimes her face is caked with food or driest drool.
• She has aurae in with remnants of a bowel movement on her underwear and sweatpants
on three occasions. On iwo of the occasions, it was dried and caked on.
A copy of this is being given to all panics involved in the meeting on March 28, 2001.
Siao?,
n? *v .<
Marcella Whiteside
Principal
I
Gretchen Dcvloe
211/00 Drs apps. with Dr. Ha'rOn arrived at 10:15
9/IIi00 testing at I lershey appt. at 11:00 never came to school in the a.m.
9!17./00 testing at Hershey arrived at 11:05
9713/00 Drs. Appt Ilershey,testing out allday
9/21/00 "Tardy overslept arrived at 8:15
9722100 Tardy woke up laic arrived 815 t but was mistaken (iretcherl had a Drs. 10/23700 Tardy arrived at 8:45
Edgewater o9 30 to 11 00 arrived 1 1:20
10/4100 Had a doctors app t. 11i3/UU Tardy arrived at 9:25 car would not start
I W/00 ill 24 hr. virus
10/11/00 ill cold
11/13/00 ill
12/13/00 ill
12' 19/00'rardy running late arrived at 9:50
12/22/00 Tardy car accident arrived at 9:45
1/3/01 left at 12:33 Drs. Appt.
1116i01 Drs. Appt. 10-12. at Edgewater
1/18701 ill
1/19101 ill
1/30/01 ill pink eye
2/2/01 ill
2/7/01 Drs. Appt arrived at I I A 5
2/12/01 ill
2/16/01 Tardy late start arrived at 9:35
3/6/01 Tardy late start arrived at 8:15
3/22/01 Tardy leak in the roof arrived at 8:48
3/23/01 Tardy leak in the roof arrived at 8::58
3/26/01 left at 12:30 having a bad day
3727/01 Tardy had a difficult morning arrived at 9:40
w
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??? Ric?lcr • Shiem Old
& Associates
April 1. 2001
J. Paul HeIvY. Esquire
Killian & Gephart LLP
218 pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
RE Gretchen Devine
Dear N1r. Helvv:
I?n;,?l rl?:,l?•I. I';Lu ? I?I_I.;-I?w?ll
Shirm•„Id. I'11.1
Vrlmda E."ll. \Is
)mne• I "h. I.SW
\lietr.iel J.:\.1.rn, 1'11.1).
Il?1llllie IU„d al d. MIA),
S\\', L('S\\', IlCD
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I ?••.umr Se.. mole, ICS\\', I.S
Jcllic. I'llik I'h,l1.
1 have had an opportunity to review the letter that you forwarded to me from Mrs.
Whiteside of the Upper Allen Elementary School. The letter raises serious concerns with
respect to Gretchen 's well being in her current environment. As you know, it was my
recommendation that Gretchen's welfare was best served by a change of custody to her
aunt, Lisa Long. One of the concerns expressed in that evaluation was that Gretchen's
overall behavior and development would deteriorate if she remained with her father. This
letter provides further proof that Gretchen is deteriorating.
It is essential that Gretchen be removed from that environment as soon as possible.
The nature of the deterioration described in the letter is serious. It is apparent that
Gretchen is beginning to experience even more serious cognitive distortions and mood
vacillations that her father cannot control, or may be causing as a function of inadequate
care. There is little reason that Gretchen Should be left in that environment pending the
up-coming hearing. I would suggest that she would be far better served if she was
removed from the environment pending the hearing. Additionally, we must remember
that even though Jeannie is more self-sufficient than Gretchen, she, too, is being exposed
to the neglectful care and conditions provided by her father. Therefore. l would
recommend that she also be placed with her aunt until this situation is resolved in court.
\
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7 11
Pa:;:11_I> II I •1''" -1?, a-13! l Lin?Ic,t„can 1:,::u.l.5uitt_lilJ• Ilri?hulL'?.l' nn,.;lconia 1711
1
G. Devine
Page 2
I whole heartedly support it Petition for Special Relief in this instance. III can be
of any further help, please do not hesitate to call upon me.
Sincerely.
Arnold T. Shienvold. Ph.D.
('I-'RTII-IC x'1'_6; OF SER_VICF
I hereby certify that I have served a true and correct copy oflhe linegoing I'etition
for Special Relief upon the tidlowing by depositing a copy of s one in the l initcd Stales
mail, postage prepaid, addressed as follo\cs:
Andrew C. Sheely, Inquire
127 South Main Street
1'. O. 13ox 95
Mcchanicsburg, PA 17055
Johnna J. Deily, Psquire
Saidis Guido Shuff & Masland
26 W. I Iigh Street
P. O. Box 560
Carlisle, PA 17013-0560
It
_? ? &tant
Kimberly J. Ii AdministrativKillian & Gephart
218 Pine Street
Harrisburg, PA 17101
(717) 232-1851
Dated: April 10, 2001
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PAMELA G. DEVINE, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL J. DEVINE,
DEFENDANT
LISA M. LONG,
PLAINTIFF
V.
MICHAEL DEVINE and
PAMELA DEVINE,
DEFENDANT 98-5971 CIVIL TERM
ORDER OF COURT
AND NOW, this 12- day of April, 2001, a hearing on the within
petition for special relief shall be conducted in Courtroom Number 2, Cumberland
County Courthouse, at 1:30 p.m., Thursday, April 19, 2001.
Andrew C. Shealy, Esquire
For the father
Johnna J. Kopecky, Esquire
For the mother
J. Paul Helvy, Esquire
For the maternal aunt
:saa
By the Court,
Edgar B. Bayley, J.
. 19
LISA M. LONG, IN'Tlll? MUM 01: COMMON 1'I FAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. ' r ltt1/
PAMELA G. DEVINE and CIVIL ACTION - LAW
MICIIAELJ. DEVINE
Defendants CUSTODY
QRVER OF COURT
You. Lisa M. Long, Pamela G. Devine and Michael J. Devine, are ORDERED to appear in person before _
Custody Conciliator, at
on i at
-.j o'clock ?L.m. for a Custody Conciliation Conference. At such Conference, an effort will be made to
resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the
Court, and to enter into a Temporary Order. All children age five or older may, at the request of either attorney or
party, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a
temporary or permanent Order.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
FOR THE COURT:
Date: IA , •I ?i 1 ,fit ?.til? ?' , -) .?.i l y?,') ??,:,
Custody Conciliator i
J/
a:
LISA M. I ON(i, IN I IIE COI fit 1 01 COMMON I'LLAS
I'lannill Cl INIBERLAND UOIINI Y. VFNNSYI.VANIA
NO. i
PAMFLA (i. DEVINE and CIVIL ACTION - LAW
MICIIAIA-J. DEVINE
Defendants CUSTODY
COMPLAINT FOR C IST01)Y
Plaintiff is Lisa M. Long who resides at 1856 Holly Drive, Camp Hill,
Cumberland County Pennsylvania.
2. Defendant is Pamela G. Devine (hereinafter "Defendant 1 ") who resides at an
unknown address. However, her mailing address is c/o Sandra Posavec, 25 East Louther Street,
Carlisle, Cumberland County, Pennsylvania.
3. Defendant is Michael J. Devine (hereinafter "Defendant 2") who resides at 28
Maple Avenue, Camp Hill, Cumberland County, Pennsylvania.
4. Plaintiff seeks custody of Gretchen Devine, born February 10, 1991.
5. The child was not born out of wedlock. The child is presently in the custody of
Plaintiff.
6. During the past five (5) years, the child has primarily resided with the following
persons at the following addresses:
Name Address ARprox Dates
Lisa M. Long 1856 Holly Drive 3/1998 to present
Camp Hill, PA
Pamela G. Dcvine
Jean Devine
Pamela G. Devine
Jean Devine
Pamela G. Devine
Pamela G. Devine
Michael Devine
Jean Devine
Pamela G. Devine
Michael Devine
Jean Devine
Pamela G. Devine
Michael Devine
Pamela G. Devine
Michael Devine
Pamela G. Devine
Michael Devine
Pamela G. Devine
Michael Devine
various friends
Pamela G. Devine
Michael Devine
3 Loather Street
('in lisle, PA
102 W. IIigh Street
Carlisle. PA
Woman's shelter
1 152 '/, Market Street
Harrisburg, PA
301 Edward St.
Harrisburg, PA
1997 to 3/1998
7/6/95 to 1997 approx.
5/30/95 to 7/6/95
3/95 to 5/30/95
4/94 to 3/95
217 Briggs St. 8/93 to 4/94
Harrisburg, PA
803 N. 2nd St. 11/92 to 8/93
Harrisburg, PA
106 N. 2"d St. 12/91 to 11/92
Harrisburg, PA
various addresses in Pennsylvania 8/91 to 12/91
1017 Tenth Avenue N.W. 2/10/91 to 8/91
Largo, Florida
7. The mother of the child is Pamela G. Devine. She is married but separated.
8. The father of the child is Michael J. Devine. He is married but separated.
9. The relationship of Plaintiff to the child is that of maternal aunt. Maternal aunt
resides with Gretchen.
10 The relationship of DCfind;um Pamela Devine to the child is that uflnother
I I Plaintiffhas not participated as it party or a witness. or in ally other capacity in
other litigation concerning the custody of the child in this or any ()tiler Court
12 Plaintiffhas no information Of a custodv proceeding concerning the child
pending in a court ofthis Commonwealth
13. Plaintifl'does not know ofa person not if party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
14. The best interest and permanent welfare of the child will be served by granting
the relief requested.
15. Each parent whose parental rights to the child have not been terminated have
been named as parties to this action.
WHEREFORE. Plaintifhrequests the Court to grant her custody of the child.
Respcctfidly submitted,
c.
- , ..
BY
EMILY L. HOFFMAN, ESQUIRE
Xuprone Court 1.0.066307
105 North Front Street
Post Otlice Box 11475
Harrisburg, PA 17108-1475
(717)233-1112
DATED: 10/8/98 Attorney for Plaintiff
X11-. R I I I ('A'I 10-N
Upon my personal knowledge, information, and belief, I, Lisa M. Long, verity that the
facts averred and statements made in the foregoing document are true and correct to the best of
my knowledge.
1 understand that false statements or Avemtents therein made will subject me to the
criminal penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
DATE:
B Y:
Lisa M. Long
i
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AK ; - ly ;
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PAMELA G. DEVINE., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
MICHAEL J. DF,VINE,
Defendant NO. 98-5971 CIVIL
LISA M. LONG, ,
PlnintifI
VS.
PAMELA G. DEVINE and
MICHAEL J. DEVINE
Defendants CUSTODY
ORDER OF COURT
AND NOW, this 8th day of April, 1999, the Conciliator, being
advised by Plaintiff's counsel that all custody issues have been resolved
by agreement, hereby relinquishes jurisdiction in this case. The Custody
Conciliation Conference scheduled for April 9, 1999 is canceled.
FOR THE COURT,
CQif.u;"n.Uj ,1+
Dawn S. Sunday, Esquire
Custody Conciliator
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ANDREW C. SHEELY
127 S. MARKET STREET Teiephoite' (77T)¢
ct
9 ;fit„F MECHANICSdURPA 77055: faz (717)'8!3
Btli; PA` 17055 PA 10 No ' 824
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LISA 1-1. LONG,
Plaintiff/Respondent
v.
PAMELA G. DEVINE and,
MICHAEL J. DEVINE,
Defendant/Petitioner
IN THE coma OI•' COMMON PLEAS OF
C1IMBE'RLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
98- ,911
ORDER OF COURT
AND NOW, 2000 , upon consideration of
the attached Custody Petition/Complaint, it is hereby directed that
the parties and their respective counsel appear before
t} e
?' n..
conciliator, at 1 J_ t '
on the day of 2000 , at
O'clock(-A.m.. fo a Pre-Hearing Custody Conference. At
such conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow the
issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the
conference. Failure to appear at the conference may provide grounds
for entry of a temporary or permanent order.
FOR THE COURT,
4 n
Bye
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to
comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
LISA M. LONG,
Plaintiff/Respondent
V.
PAMELA G. DEVINE and,
MICHAEL J. DEVINE,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96 - 5971
COMPLAINT/PETITION_FOR MODIFICATION _OF_CUSTODY ORDER
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. Defendant/Petitioner is Michael J. Devine, an adult
individual who currently resides at 510 S. Market Street, Second
Floor, Mechanicsburg, Cumberland County, Pennsylvania.
2. Plaintiff/Respondent is Lisa M. Long, an adult individual
with a last known address of 761 Old Quaker Road, Lewisberry,
Pennsylvania, 17339.
3. Defendant/Petitioner seeks modification of a custody
order involving the minor child, Gretchen M. Devine, d.o.b.
February 10, 1991.
4. The natural mother of the child is Pamela G. Devine who
currently resides at 2001 Paxtang Street, Harrisburg, Pennsylvania at
the Paxtang Street House.
5. Defendant/Petitioner is the natural father of the child.
6. Plaintiff/Respondent is the maternal aunt of the child.
7. The child who is the subject of the instant custody petition
has resided with Defendant/Petitioner for the past year.
8. A custody agreement was entered into on January 31, 1999 and
an Order of Court was entered on February 3, 1999. A copy of the order
is lt.tac:hcd hereto as Exhibit. "A"
7. Plaintiff does not. know of it person not, a party t.o the
proceedings who has legal or physical custody of the child or claims
to have custody or visitation tights with respect to the child.
8. Subsequent to the custody order dated February .3, 1999,
Defendant/Petitioner has taken the child to her treating doctor on
several occasions.
9. The treating doctor of the child has recommended that the
child undergo various types of medical treatment to which
Plaintiff/Respondent has contested.
10. Efforts by Defendant/Petitioner to place the child in
patient care at Holy Spirit Mental Health have been rejected by
Plaintiff/Respondent, notwithstanding recommendations from physicians
treating the child.
11. Additional agencies have recommended treatment for the
child, all of which have been resisted by Plaintiff/Respondent without
cause.
12. The current custody schedule which provides share legal
custody between Defendant/Petitioner and Plaintiff/Respondent.
13. Modification of the current custody order to remove legal
custody from Plaintiff/Respondent is necessary and in the best
interest of the child.
14. Modification of the current custody order to remove legal
custody from Plaintiff/Respondent is necessary to allow the child to
receive appropriate medical treatment as recommended by the child's
treating physicians.
I:b
WHEREFORE, Defendant/Petiticner, respectfully requests that
your Honorable court. enter an Order of court which (rants hint full
legal custody of the minor child, and that, an order of c'ourt be
entered pursuant to similar grounds with reterence to physical custody
of the minor child, with the exception of moditications to the
geographical limitations as set forth in paragraph 10 as those apply
to legal custody.
Respectfully submitted,
Date: February 2,1 , 2000 ---
Andrew C. Sheely, Esquire
Attorney for Plaintiff
Pa. I.D. No. 62469
127 S. Market Street,
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
3-
i
VERIFICATION
I verify that the statements made in this Petition for
Modification/Complaint for Custody 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 falsification to authorities.
Date: February )/ , 2000
Michael J. D ine.
4 E8 2 199J
LISA M. LONG,
Plaintiff
V.
PAMELA G. DEVINE and
MICHAEL J. DEVINE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 98-5971
Order
AND NOW, this day of February, 1999, the foregoing Agreement is
-3 /Lcl- approved and entered as an Order of Court.
/?? (.iJ?n/r.t 9J 4J'Q*ftl.r
J.
CIVIL TERM
3?
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LISA M. LONG. IN THE: COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUN't'1', PGNNSI'LVANIA
V. : NO. ?8-5971
PAMELA G. DEVINE and CIVIL ACTION - LAW
MICI IAEL J. DEVINE
Defendant CUSTODY
CUSTODY STIPULATION and ORDER
AND NOW, this 31 day of January. 1999, the parties, after consulting with their
respective counsel, have reached an agreement with regard to custody of Gretchen M. Devine.
1. Parties. The parties are Lisa M. Long, the maternal aunt ("Aunt") of Gretchen M.
Devine, Pamela G. Devine ("Mother"), and Michael J. Devine ("Father"), the natural parents of
Gretchen M. Devine.
2. Prior agreements and orders. This agreement is intended to supersede all prior
agreements and orders to the extent that they are inconsistent with this Agreement and Order.
3. Legal Custody. Mother. Father, and Aunt shall share legal custody of Gretchen.
All of them shall have full access to Gretchen's medical and educational records. All of them
shall cooperate in ensuring that Gretchen receives the proper dosage of medications which have
been prescribed by her physicians.
4. Physical Custody. Father shall have primaryphysical custody of Gretchen. Mother
shall have partial custody on alternating Sundays. Aunt shall have partial custody for a
',®
minimum of six (6) weekends per year (Friday 5:00 pm to Sunday 5:00 pm) and will notify
Father 48 hours in advance of the weekend in which she chooses to exercise her visitation.
Without prejudice to her requesting the Court to grant her primary physical
custody of Gretchen at some time in the future, Aunt hereby withdraws her current rights to and
claim for primary physical custody, as set out in the Order of November 24, 1998. If Mother
chooses, Aunt may exercise Mother's partial custody rights in her stead.
5. I1oWavs. Pending further w iurr i agrecmuit, Mother anG i-ather shall have
custody, partial custody or visitation rights with Gretchen on holidays as they agree on from time
to time. Aunt shall have two (2) weeks uninterrupted summer vacation with Gretchen. Aunt will
provide notice to Father by May I of the year in which she desires to exercise her vacation with
the child.
6. Telephone Contact. Mother, Father, and Aunt shall have the right to reasonable
telephone contact with Gretchen while the child is in the custody of the other.
7. Emergencies. All parties shall promptly notify the other parties of any emergency
involving the health, safety or welfare of the child.
8. The custody conciliation conference set for April 9, 1999, shall be canceled.
9. The parties intend to be legally bound by the terms of this agreement and desire that
it be made an Order of the Court. The parties may modify the provisions of this Agreement by
the agreement of all of the parties, but in the absence of such agreement, the terms of this
Agreement and Order shall control.
10. To maintain consistency in the child's educational progress, Father will enroll
Gretchen M. Devine in either the Cumberland Valley School District or West Shore School
District where she will remain enrolled until further Order of this Court.
11. To best manage Gretchen's special medical conditions (ADHD and Seizure
disorder), Father will continue regular appointments with Dr. Brown, pediatric neurologist, and
Dr. Jill Morrow, child developmental specialist.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first written above.
WITNESS:
b
LLsaa M. Long
Pamela G. Devine
Michael J. Devine
5
THE LAW FIRM OF
KILLIAN & GEPHART
ae PINe outer
n n oGt?nnn
HARRISBURG, PENNSYLVANIA 17100-0886
LISA M. LUNG.
MICHAEL DF•VINF and
PAMFLA DIiVINE.
Dclendanls
ORIGINAL CERTIFIED COPY
IN I I IF C•OI Ilt I OI: COMMON PITAS OF
CI IMBI:RI.ANI) COI IN I Y, PI'.NNSYI.VANIA
Plaintiff
,'071
No. 98-;i9H h Civil Tcrm
CIVIL ACTION - LAW
IN CUSTODY
PRAT?CIPE
TO IIIE PROTI IONOTARY:
Please withdraw my appearance on behalf of Plaintiff in the above-captioned action.
C
rf- t3--U. c? r
Dated Emily Lon lof. Esquire
105 North f=ront Street
P. O. Box 11475
Harrisburg. PA 17108-1475
Please enter my appearance on behalf of
07/19/00
Dated
in the above-captioned action.
J. Kul Helvy, Es rc
Jlian & Ge art, LLP
218 Pine Street
P.O. Box 886
I larrisburg, PA 17108
(717) 232-1851
Atty. I.D. #75954
CERTIFICATE. OF SERVICE
I do certify that I served a true and correct copy of the within document upon the
Following by depositing a copy ofsame in the United States mail, postage prepaid, addressed
as follows:
Andrew C. Sheely, Esquire
127 South Main Street
P. O. Box 95
Mechanicsburg, PA 17055
Johnna J. Deily, Esquire
Saidis Guido Shuff & Masland
26 W. I ligh Street
P. O. Box 560
Carlisle, PA 17013-0560
. `?)
Peggy Hli e,?ccretary
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: July 20, 2000
I?
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I'A?Ira,,\ (L Dr:\'INr: IN I I II, ( ( )1'R I OI ( ()%I\ION III FAS ()I:
N11CHAEL.1. DEVINr:
Den• td: tit Stf71
?. vx-cwt l'IAII A(' I ION I AA1'
LISA NI. LONG Icuuwlidaad u/ \u.45-Jd13 ('isil "fcnn
1'lainlilf
V INt'1iSIODI'
MICIIAEL DEVINE AND 1'AMELA DEVINE ,
DefcndanN
AND NOW. this day of _ _August _ , 2000, spun cansuleratiun of the attached Complaint,
it is hereby directed that the parties and their rc,pccti%e caunscl appear bctirreDascu S. Sunda N. rsqutre, the conciliator,
at 39 West Alain Street, 'Mechanicsburg, PA 170:5 an (lie 201h day of September . 2000, at 1..110 P.ut. _
for a l're-I lcaring Custody ('onference. At such cantercnce, an el list will he made to resolve the issues in dispute: nr
if this cannot be accomplished, to dellne and narraw the issues to be heard by the court. and to enter into a temporary
order. All children age live or older may also be present at the cuntcrcncc. I allure a: appear at the conference may
provide grounds for entry of it temporary ur permanent order.
FORT HE ('intl.
Ile: /,/ Damn S. SundgP, Esquire
C'ustudy C'unciliator
The Court of C0111111011 I'leas of Cumberland ('aunty is required by law to con)ply 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 om office.
All arrangements must be made at least 72 hours prior to .my hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE T[ [IS PAPER '10 YOUR ATfORNI:Y AT ONCT. IF YOU DO NOT
I IAVG AN A'I"FORM?1' OR CANNOT AFFORD ONE. GO TO OR I'GI.GPI IONE'r11G OFFICE sl r
FORTH AGLOW TO FIND OUI' WIIGRI: YOU CAN GIST LEGAL III?Ll'.
('timberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717)239-3166
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KILLIAN & GEPHART
218 PIRiE f•OEET?
!?. P O. Box 001
z. HARRISBURG. PENNSYLVANII 17108-0886
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I'AMI?L,A G. DI'.VINI'..
Plaintiff
V.
MICI IAI:I. J. DI?VINIi•
Del'endant
LISA M. LONG,
Plaintiff
V.
MICHAEL DFIVINE' and
PAMELA DEVINE',
Defendants
AND NOW this day of
IN TI Ili C•OI1K'I ()1; COMMON I'LFAS OF
CI IMRI•:RLAND COI IN I Y.
I'I:NNSYI.VANIA
No. 98-5791 Civil ferm
consolidated %v/ No. 95-4413 Civil Term ?
CIVIL AC'T'ION - LAW
IN CUS'T'ODY
ORDER
2000, upon consideration of the
foregoing petition, it is hereby ORDERED and DECREED that the parties shall submit
Jean Devine as well as Gretchen Devine to Dr. Shienvold for the purpose ofhaving Dr.
Shienvold conduct a custody evaluation ol'Jean Devine and Gretchen Devine.
13Y'CFIE COURT:
J.
PAMITA (i. DFVINF. IN 'I 'I if: C()( 110 OI' COMMON ITFAS OF
Plaintiff Cl IMBI•:RLAND COI IN'I'Y.
I'I.NNSYI.VANIA
v.
MIC'I IAI;L J. DFVINF.
Defendant
No. 98-5791 Civil Term
1consolidatcd w/ No. 95-4413 Civil Term ?
LISA M. LONG,
Plaintiff
V.
MICI MEL DI:VINF and CIVIL ACTION - LAW
PAMI:I.A DFVINF, IN CUSTODY
Dclcndants
ORDER
AND NOW, this day of , 2000, upon consideration ol'the
attached Petition for Contempt of Prior Court Order, it is hereby directed that the parties and their
respective counsel appear before
the conciliator. at
the day of
Oil
2000,at in. fora conciliation or mediation
conference. At such conference, an elTort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter
into a temporary order. All children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or permanent
order.
BY THE COURT:
Date:
PAMI'.I.A G. DI?VINI?,
Plaintiff
V.
MICI IAI'.l. J. DNVINE,
Defendant
LISA M. LONG.
Plaintiff
v.
MICIIAH, DEVINE and
PAMELA DIVINE,
Defendants
IN'I I IF. C'(ri lR'I' OF COMMON PLFAS OI
C't IMRI?BLAND COUNTY.
PENNSYLVANIA
No. 98-5791 Civil "Perm
1consolidaled w/ No. 95-4413 Civil'I'crm
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
OF PRIOR ORDER OF COURT
THE PARTIES
The Petitioner, Lisa M. Long, is an adult individual who currently resides at
761 Old Quaker Road, Lewisberry, PA 17339.
2. The Respondent, Michael Devine, is an adult individual whose last known
address is 608 Main Street, Mechanicsburg, PA 17055.
3. "fhe Petitioner is the maternal aunt, and the Respondent is the father, of the
two children who are the subject of the above-captioned actions, specifically, Gretchen
Devine, born on February 10, 1991, and lean Devine, born on August 24, 1994.
PROCEDURAL HISTORY
4. Action No. 95-4413 was initiated when Pamela Devine, mother of the
aforementioned children, filed a custody complaint regarding both children against their
lather. Michael J. Devine.
5. Action No. 98-5791 was initiated when Lisa M. Long (the children's
maternal aunt) filed a custody complaint against Mother and father seeking custody of
Gretchen Devine as a result of the tact that Gretchen had been living with Ms. Long since
March of 1998.
6. The two aforementioned actions were consolidated on November 24, 1998,
as per paragraph 8 of the I lonorable lidgar 13. Bayley's order of November 24, 1998,
which states, "The Custody Complaint filed in this matter under Docket No. 98-5971 is
hereby consolidated into the related custody matter previously tiled at Docket No. 95-
4413." (A true and correct copy of the November 24, 1998, order is attached hereto and
marked as Exhibit A.)
7. On April 25. 2000, this Court entered an order, which:
(a) stated that the prior order of this Court dated January 31, 1999,' shall
continue in effect as modified by the April 25, 2000, order; and
(b) directed the parties to obtain a comprehensive mental health
evaluation for Gretchen in conjunction with a custody evaluation to
Although this Court's order of April 25, 2000, references an order of January 31, 1999,
the actual date of the order is February 3, 1999. The confusion was caused by the fact that the
parties' agreement, which was incorporated into the order, was dated January 31, 1999.
1)
be performed by Dr. Shicnvold.
The stated purpose of this evaluation was to obtain eui independent professional
recommendation regarding the child's psychological treatment as well as
recommendations concerning custody arrangements which would best serve the interests
of the child. (True and correct copies of this Court's orders of April 25, 2000. January
31, 1999, are attached hereto and marked as Exhibits R and C respectively.)
COUNT ONE.
R?UE.ST FOR MODIFICATION OF THIS COURT'S APRIL 25 2000 ORDER
8. The averments of paragraphs 1 through 7 are hereby incorporated as if set
forth in full.
9. The Court's order of April 25, 2000. deals only with Gretchen Devine and
does not in any way address the best interests and welfare of Jean Devine.
10. Although the Petitioner, Lisa M. Long, initiated a custody complaint only as
to Gretchen, given the fact that Action 98-5971 has been consolidated with Action 95-
4413, this Court has jurisdiction over both Gretchen Devine and Jean Devine.
11. Petitioner, Lisa M. Long, has had significant contact with both children, not
just Gretchen and, in fact, since May 1999 has seen Jean virtually each and every time
which she has seen Gretchen.
12. Petitioner, Lisa M. Long, believes and therefore avers that it is in the best
interests ofthe children and will promote judicial economy' ifthis I lonorible Court will
amend its order of Apri125, 2000. 10 require the panics to submit nut only ( iretchen
Devine, but also Jean Devine, to Dc Shicnvold for evaluation and to require the parties to
obtain an evaluation which contains recommendations concerning custody arrangements
which would best serve the interests of both .lean Devine and (irelchen Devine, rather
than Gretchen Devine only as the order currently reads.
13. Dr. Shienvold's office has already had contact with Jean Devine and has
indicated that it will not be necessary for them to put forth any significant extra effort in
order to prepare it custody evaluation which includes recommendations regarding Jean
Devine in addition to Gretchen Devine.
COUNT TWO
CONTEMPT
14. The averments of paragraphs I through 13 are hereby incorporated as if set
forth in full.
15. As per this Court's order of January 31, 1999, the Petitioner, Lisa M. Long,
is to have two weeks of uninterrupted summer vacation with Gretchen Devine. Petitioner
is to provide notice to Father by May I" of the year in which she desires to exercise her
vacation.
16. Via correspondence dated April 27, 2000 (attached hereto as Exhibit D),
4
counsel lift the Respondent, Michael Devine, was notified ol'Ms. Lonp's intention to
exercise her two-week partial cuslod% front June 23"' through Jul) 7"
17. The Respondent raised no objection to these dates.
18. When the Petitioner arrived at Respondent's residence at 5:00 p.m. on little
,)3`d to commence her two-week visitation with Gretchen. the Respondent thrust an
illegible piece of paper at her and stated that unless site signed the document she could
not take Gretchen on vacation. Ms. Long refused to sign the document, which apparently
had something to do with the administration of medication to Gretchen, and as a result.
Respondent refused to allow Ms. Long to commence her vacation with Gretchen.
19. The Respondent refused to allow the Petitioner to have Gretchen until the
next day at 1:00 p.m.
20. At this time, the Respondent also advised the Petitioner that he had enrolled
Gretchen in summer school which was to commence during the Petitioner's two-week
vacation and that it was Petitioner's responsibility to ensure that Gretchen attended this
summer school.
21. This Court's order of February 3, 1999, specifically states that:
In order to maintain consistency in the child's educational
progress, Father will enroll Gretchen M. Devine in either the
Cumberland Valley School District or West Shore School
District where she will remain enrolled until further order of
this Court.
5
22. In direct violation oflhis order, the Respondent enrolled Gretchen in the
Mechanicsburg School N strict ;u the commencement of the 1909-2000 school year.
23. Respondent did not discuss this decision with Petitioner prior to taking this
action.
24. As a result of Respondent's contempt, Gretchen, who is a special education
student, has been enrolled in three different school districts in the space of one year.
25. The Respondent has also engaged in it pattern of behavior designed to
frustrate the Petitioner's custodial rights including, but not limited to, (a) denying the
Petitioner visits on February I I", February 18"' , March 3`d and Mardi 17"' of 2000; and
(b) threatening to relocate to other states on numerous occasions so that Mother and
petitioner would not have access to the children.
26. The petitioner believes and thereRore avers that these steps were taken by
the Respondent for the sole purpose of harassing her and thwarting her efforts to exercise
her periods of partial custody under the Court order, particularly given the fact that they
had both been previously advised that the stunmer school schedule could be very flexible
and could be scheduled at the convenience of the parties.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter
an order:
(1) Requiring the parties to submit Jean Devine as well as Gretchen
6
Devine to Dr. Shienvohl flor the purpose of having Dr. Shienvold
conduct a custody evaluation of Jean Devine and Gretchen Devine;
and
(2) Finding the Respondent in contempt of this Court's orders of January
31, 1999, and April 25, 2000, directing him to refrain from any
further violations of this Court's orders and requiring him to pay the
petitioner's attorneys' fees in the amount of $500 for the preparation
and presentation of this petition.
Respectfully submitted,
"t
J. aul ffelvy, Esquire
dlian & Gephart, LLP
18 Pine Street
P. O. Box 886
Harrisburg, PA 17108
(717)232-1851
Attorney I. D. #53148
Dated: August 2, 2000
Attorneys for Lisa M. Long
7
EXHIBIT A
i
. .r.' .. I
LISA M. LONG,
Plaintiff
VS.
PAMELA G. DEVINE and
MICHAEL J. DEVINE,
Defendant
:i: :atC;b!d CCy7; •.tl
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-5971 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
1998,
AND Now, this ?-"?. day of ? ..
upon consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. The prior order of this Court dated August 18, 1995 as it
pertains to Gretchen Devine, born February 10, 1991, is vacated and
replaced with this Order.
2. The Maternal Aunt, Lisa M. Long, the Mother, Pamela G.
Devine, and the Father, Michael J. Devine, shall have shared legal custody
of Gretchen Devine. The parties shall follow the recommendations of the
Child's physician with regard to administration of medication and changes
in dosages to medication for the Child. All parties shall have full access
to the Child's medical and school records, including the Child's Individual
Education Plan and process. The Maternal Aunt shall provide to the Father
notice of any major school activities and events invclving the Child,
including school conferences. The Father and the Mother shall contact the
Child's school directly to obtain information concerning ongoing activities
involving the Child and a copy of the school calendar.
3. Lisa M. Long shall have primary physical custody of Gretchen
Devine.
4. The Father shall have partial physical custody of Gretchen
on alternating weekends from Friday at 5:00 p.m. through Sunday at 5:00
p.m. and the Mother shall have a supervised period of custody with the
Child on the altenating Sundays from 9:00 a.m. until 5:00 p.m. or any
portion of the time period during which the Mother can obtain supervision.
The Mother's periods of custody with the Child shall be supervised until
such time as the parties agree that supervision is no longer necessary.
5. The parties shall have custody of Gretchen on holidays as
follows:
A. Thanksgiving 1998: In 1998, the Mother and the Father shall
share having custody of Gretchen at the Paxton Street
Ministries in Harrisburg on Thanksgiving Day.
B. Christmas 1998: Over the Christmas holiday in 1998, the
Father shall have custody of Gretchen from Christmas Eve at
5:00 p:m. through January 3, 1999 at 5:00 p.m. The Mother
shall have a period of supervised custody with the Child on
Christmas Day from 10:00 a.m. until 5:00 p.m. and additional
periods during the Child's Christmas break from school as
,, rin h•,1 by i,ireument [r?tweon the Mother and the Father to
,,rdiriote with the Mother's work, schedule and the
,v.,i I,,i,i I ity cf ., :.nlx_rvie;or.
1:')I or 1`PJ7: I.i: n :.. Long shall. have custody of Gretchen
,vor the I:?ster holiday and spring break in 1999. In the
rven` Lisa M. r.onq i:, •.:orkinq over a period of the
I.jster/spring break holiday, the Father shall be given the
First opportunity to provide care for the Child before third
party caregivers are contacted.
D. Other School Holidays/In-service Days: Lisa M. Long shall
have custody of Gretchen during other miscellaneous school
holidays and in-service days. In the event the Maternal
Aunt is unavailable to provide care for Gretchen during the
school holidays/in-service days, the Father shall be given
the first opportunity to provide care for the Child before
third party caregivers are contacted.
6. The parties and their counsel shall attend a second Custody
Conciliation Conference on April 9, 1999, at 12:00 noon in the office of
the Conciliator, Dawn S. Sunday, Esquire to review the temporary
arrangements established in this order by agreement of the parties.
7. This Order is entered pursuant to an agreement of the
parties at a Custody Conciliation Conference. The parties may modify the
provisions of this Order by agreement of all parties. In the absence of
agreement among all parties, the terms of this Order shall control.
8. The Custody Complaint filed in this matter under Docket No.
98-5971 is hereby consolidated into the related custody matter previously
filed at Docket No. 95-4413.
BY THE COURT,
4 Al Edgar B. Bayley/ J.
cc: Emily L. Hoffman, Esquire - Counsel for Plaintiff, Maternal Aunt
Johnna .T. Deily, Esquire - Counsel for Mother
Thomas M. Place, Esquire and Nichole M. Walters, Legal Intern -
Counsel for Father
LISA M. LANG,
Plaint if l:
11AMELA G. DEVICE and
MICHAEL J. DI'V1NF.,
Defendants
IN THE coup'1' OG CCNL•iCxi PLKAS
CNMIkh..LAND COUNTY, PE,'NSYLVANIA
CIVIL A.C`E'ION - LAW
CUSTODY
PRIOR JUDGE IN RELATED CASE: Edgar H. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITII CU(+ MLAND OOJNTY 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:
Child's Name Date of Birth In Custody of
Gretchen M. Devine February 10, 1991 Plaintiff
2. A Conciliation Conference was held on November 12, 1998, with
the following individuals in attendance: The Plaintiff, maternal aunt,
Lisa M. Long, with her counsel, Emily L. Hoffman, Esquire, the Mother,
Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the
Father, Michael J. Devine, with his counsel, Nichole M. Walters, Legal
Intern and Thomas M. Place, Esquire.
3. This case involves a maternal aunt seeking primary physical
custody of one of the Defendants' two Children, Gretchen Devine, born
February 10, 1991. It should be noted that a separate custody action was
filed between the parents (Defendants in this case) in 1995, in which this
Court entered a Temporary Order dated August 18, 1995 concerning custody of
both Children of Pamela and Michael Devine, namely, Gretchen Devine, born
February 10, 1991 and Jean Devine, born August 28, 1994. The Custody
litigation between the parents is docketed as follows: Pamela G. Devine,
Plaintiff vs. Michael J. Devine, Defendant No. 95-4413. A Custody order in
that case was recently entered by Judge Bayley on November 3, 1998
reflecting an agreement of the parties at a Custody Conciliation Conference
(on October 27, 1998) as to custody arrangements for Jean Devine only.
Because both of these cases involve custody arrangements for Children of
the same family and a Custody order was entered in the 1995 case involving
Jean Devine who is 'also the subject of the 1998 Custody Petition, the
Conciliator recommends that these matters be consolidated under the 1995
caption. Counsel for both the Mother and Father agree to the
consolidation. However, it should be noted that Lisa Long, Plaintiff in
case and hor counsel. oppono the con:3oli,lntion.
4. 'lYte 1mutien entree to entry of an order in the Conn as
attached, with the exception of the provision regarding consolidation which
is the reconmondation of the Conciliator.
Da4teL?a -' Dawn S. Sunday, Esquire J
Custody Conciliator
I
I;
EXHIBIT S
. fl
LISA M. LONG,
Plaintiff/Respondent
VS.
PAMELA G. DEVINE and,
MICHAEL J. DEVINE,
Defendant/Petitioner
It: THE COURT OF M- Nad PLEAS OF
ClIXPERLAND COUNTY, PL:NNSYLVANIA
[:O. 98-5971 CIVIL TEFL+1
CIVIL ACT'ICN - LA.:
CUSTODY
012DER OF COURT
AND NCW, this -2? day of AM " \ , 2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior Order of this Court dated January 31, 1999 shall
continue in effect as modified by this Order.
2. The parties shall obtain a complete evaluation for the Child by
Todd Barron, MD, pediatric neurologist at Hershey Medical Center. The
parties shall cooperate in scheduling, and insuring that the Child attends,
all appointments for the evaluation.
3. The parties shall obtain a comprehensive mental health evaluation
for the child, in conjunction with a custody evaluation, to be performed by
Arnold Shienvold, PhD or his associate. The parties shall submit
themselves, the child and any other individuals deemed necessary by the
evaluator for the custody evaluation. The purpose of the evaluation shall
be to obtain independent professional recommendations concerning the
Child's psychological treatment as well as recommendations concerning
custody arrangements which would best serve the interests of the Child.
The parties shall sign any authorizations deemed necessary by the evaluator
to obtain additional medical, psychological, school, or other additional
information pertaining to the parties or the Child. The costs of the
evaluation which are not covered by insurance shall be shared equally by
the parties.
6. The Father shall contact Edgewater Children's Services and request
that services for the Child be resumed. The parties shall cooperate with
any recommendations provided by Edgewater Children's Services.
7. Pending further Order of Court or agreement of the parties, the
mother shall have partial physical custody of the Child on alternating
weekends (to correspond to mother's time off work) from Friday at 3:00 p.m.
or after school through Sunday at 7:00 p.m. The Mother shall also have
custody every Thursday evening from after school until 7:00 p.m., which may
be extended to an overnight period as arranged by agreement of the parties.
B. The Maternal Aunt shall have partial custody of the Child on one
weekend per month from Friday at 5:00 p.m. through Sunday at 5:00 p.m. The
periods of weeY.en.l cu:Lcxly undor Lhi:•i provision shall Ix? scheduled to tall
on one of Cho 1•a01er':; nltorn.if-in._I weekend periods of custody. The
Maternal Aunt and the Father. :•.hall cooperate in schedulin<i the weekend
periods of Cu:;tcdy undrr this: provision.
9. The fzirties agree that the Child shall remain enrolled in her
current schc-1 di::tr.ict unle:,s othcrwie?e nvjre=s1 by all ivrties.
10. Upon completion of. the physical, montal health and custody
evaluations and, if at that time the parties are not able to reach an
agreement as to ongoing legal and physical custody arrangements, counsel
for any party may contact the Conciliator to schedule an additional Custody
Conciliation Conference within four months of the date of this Order.
11. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this order shall control.
BY THE COURT,
Edgar B. Bayley, J.
cc: Emily L. Hoffman, Esquire - Counsel for M,atern 1 Aunt
Johnna Deily, Esquire - counsel for Mother
Andrew C. Sheely, Esquire - Counsel for Father
E-?
!=
-?,111 III
r.., ,
LISA M. LONG, IN THE COURT 01" M.!MOI: PLEAS OF
Plaintiff/Respondent CU PI--LAND COUNTY, PENNSYLVANIA
Vs. NO. 99-_`1971 CIVIL TEf?M
PAMELA G. DEVINE and, CIVIL ACTION - LAW
MICHAEL J. DEVINE,
Defendant/Petitioner CUSTODY
PRIOR JUDGE: Edgar B. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND OOUN Y 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
Gretchen M. Devine 2/10/91 Father
2. A Conciliation Conference was held on April 12, 2000, with the
following individuals in attendance: The Maternal Aunt/Plaintiff, Lisa M.
Long, with her counsel, Deily L. Hoffman, Esquire, the Mother, Pamela G.
Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael
J. Devine, with his counsel, Andrew C. Shealy, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
EXHIBIT C
rttt . z 199
c:
LISA M. LONG,
Plaintiff
PANIF.LA G. DININF. and,
MICHAEL J. DFVINF
Defendant
IN TI II; COI SK'I' OF COMMc tN PI .I[AS OF
CUM13FRI.AND COUN'T'Y, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. f?R-5971
Order
CIVIL TIAKM
AND NOW, this ?,-- day of February, 1999, the foregoing/grecment is
approved and entered as an Order of Court. /
( J.
LISA M. LONG, IN 'fl II: COUR1' Or ('Ohi,%tON I'I.IiAS OF
Plaintiff CI IMl3F.RLAND ('OUNT')', PENNSYLVANIA
V. : NO. ?5.5971
PAMELA G. DEVINE and CIVIL ACTION - LAW
MICHAEL J. DEVINE
Defendant CUSTODY
CUSTODY STIPUI..ATION and ORDER
AND NOW, this y1 day of January, 1999, the parties, after consulting with their
respective counsel, have reached an agreement with regard to custody of Gretchen M. Devine.
1. Parties. The parties are Lisa M. Long, the maternal aunt ("Aunt") of Gretchen M.
Devine, Pamela G. Devine ("Mother"), and Michael J. Devine ("Father"), the natural parents of
Gretchen M. Devine.
2. Prior agreements and orders. This agreement is intended to supersede all prior
agreements and orders to the extent that they are inconsistent with this Agreement and Order.
3. Legal Custody. Mother, Father, and Aunt shall share legal custody of Gretchen.
All of them shall have full access to Gretchen's medical and educational records. All of them
shall cooperate in ensuring that Gretchen receives the proper dosage of medications which have
been prescribed by her physicians.
4. Physical Custody. Father shall have primary physical custody of Gretchen. Mother
shall have partial custody on alternating Sundays. Aunt shall have partial custody for a
. A .
minimum of si.x (6) •veckcnds pcr year (Friday 5:00 pm to sunda} >.un pni) and «iII noufv
Father 48 hours in advance of the weekend in which she chooses to c\cIcIw her visitation.
Without prejudice to her requesting the ('ourt to grant her primary physical
custody of Gretchen at some lime in the future, Aunt hereby withdraws her current rights to and
claim for primary physical custody, as set out in the Order of November 24, 1998. If Mothcr
chooses, Aunt may exercise Mother's partial custody rights in her stead.
5. Holiday s. pending further written agreement, Mother and Father shall have
custody, partial custody or visitation rights with Gretchen on holidays as they agree on from time
to time. Aunt shall have two (Z) weeks uninterrupted summer vacation with Gretchen. Aunt will
provide notice to Father by May 1 of the year in which she desires to exercise her vacation with
the child.
6. Telephone Contact. Mother, Father, and Aunt shall have the right to reasonable
telephone contact with Gretchen while the child is in the custody of the other.
7. Emergencies. All parties shall promptly notify the other parties of any emergency
involving the health, safety or welfare of the child.
8. The custody conciliation conference set for April 9, 1999, shall be canceled.
9. The parties intend to be legally bound by the terms of this agreement and desire that
it be made an Order of the Court. The parties may modify the provisions of this Agreement by
the agreement of all of the parties, but in the absence of such agreement, the terms of this
Agreement and Order shall control.
10. To maintain consistency in the child's educational progress, Father will enroll
Gretchen M. Devine in either the Cumberland Valley School District or West Shore School
District where she will remain enrolled until further Order of this Court.
11. To best manage Gretchen 's special medical conditions (ADIII) at td Seizure
disorder), Father will continue regular appointments with Dr. Brown, pediatric neurologist, and
Dr. Jill Morrow, child developmental specialist.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first written above.
WITNESS:
i
Michae J. Devine
t?
Pamcla G. Devine
CERTIFICATE OF SERVICE
1 do certily that I served a true and correct copy ol'the within Petition fix Contempt
and Modification of Prior Order 01'Court upon the IbIlowing by depositing a copy ofsame
in lice United States mail, postage prepaid, addressed as lbllows:
Andrew C. Sheely, Esquire
127 South Main Street
P. O. Box 95
Mechanicsburg, PA 17055
Johnna J. Deily, Esquire
Saidis Guido Shuff & Masland
26 W. I ligh Street
1'. O. Box 560
Carlisle, PA 17013-0560
Peggy I-life, e retary
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: August 2, 2000
.y
PAMELA G. DEVINE IN I HE ('(WR I ()1 ('O\I\I()N ITEAS 01-
% 1'Iahnil7
. ('I' llil RI AND ('OI IN I Y. PI.NNSYI.VANIA
.1,11CHAEL.I. DEVINE
I)clrndanl a;,))I
98-5744- A( 'I ION LAW
LISA M. LONG lcuusolidaicd se/ No. 95-4413 ('1% it Terin
1'I:tintiff
s'
IN ('USIODI'
MICHAEL DEVINE AND PAMELA DEVINN
Defendants
ORDEJt urn (OLPt_h
AND NOW, this 7111 day ol'__- Auf ust , 2000. upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear belireDann S. Svodae, Esquire, the conciliator,
- - -
at 39 Nest Main Street, Mechanicsburg, PA 17055- on the 20th day of September , 2000, at I:OU p,m_
f'or a Prc-I fearing Custody Conference. At such conference, an cfliart will be made to resolve the issues in dispulc: or
if this cannot be accomplished, to define and narrow the issues to be heard by the ctnm, and to enter into a temporary
order. All children age live or older may also he present at the conference. Failure to appear at the conference may
provide grounds I'or entry ol'a temporary or permanent order.
FOR] ill: COURT,
Dawn ,S..Sunrltq, Esquire
Custody C'onciliaor
The Court ol'Common fleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For inlbrmalion about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact out- office.
All arrangements must be made at least 72 hours prior to anv hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNFY A'I' ONCE. 11' YOU DO NOT
HAVE AN A"ITORNF-Y OR CANNOT AFFORD ONE, GO '10 OR' I;LEPIIONE THE OFFICE SET
FORTH BEI.Ow TO FIND OUT \VI IEIU7 YOU CAN GGI LEGAL I11i11'.
Cumberland County 13ar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
"Telephone (717)249-3166
PAMELA G. DFVINI?,
Plaintiff
v.
MICHAEL J. DEVINE,
Defendant
LISA M. LONG,
PlaintifT
V.
MICHAEL DEVINE and
PAMELA DEVINE.
Defendants
AND NOW this day of
IN 1111. ('OI II:T OI ('O%1MON ITFAS OF
CI AIBF.RI.AN1) C'Ot IN I Y.
ITNNSYLVANIA
No. 98-5791 Civil Term
1consolidatcd w/ No. 95-4413 Civil Term
CIVIL ACTION - LAW
IN CUSTODY
ORDER
2000, upon consideration of the
foregoing petition, it is hereby ORDERED and DECREED that the parties shall submit
Jean Devine as well as Gretchen Devine to Dr. Shienvold for the purpose of having Dr.
Shienvold conduct a custody evaluation of Jean Devine and Gretchen Devine.
13Y THE COUR"r:
Date:
J.
I'AMFLA (i. DP.VINE,
Plaintiff
V.
MICHAEL J. I:)I?VINI?,
Defendant
LISA M. LONG,
Plaintiff
V.
MICHAEL DEVINI and
PAMELA DEVINE,
Defendants
AND NOW. this day of
IN TI II{ COIJR"I' OF COMMON PLFAS OF
Ct1MBLRI.AND C'OUN'I Y.
ITNNSYLVANIA
No. 98-5791 Civil Term
1consolidated Nv/ No. 95-4413 Civil Term
CIVIL ACTION - LAW
IN CUSTODY
ORDER
2000, upon consideration of the
attached Petition for Contempt of Prior Court Order, it is hereby directed that the parties and their
respective counsel appear before , the conciliator, at
the day of
on
2000, at m, for a conciliation or mediation
conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter
into a temporary order. All children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or permanent
order.
Date:
BY THE COURT:
J.
PAM1:LA G- DFVINF,
Plaintiff
V
MICIIALL J. DEVINF.
Defendant
IN 'l III: ('UUIYI OI COMMON PLEAS OP
CI IM 13 1 ? R 1. A N 1) COtIN'l Y.
I1FNNSYI VANIA
No. 98-1791 Civil Term
consolidated w/ No. 95-4413 Civil Term
LISA M. LONG,
Plaintiff
V.
MICHAEL DEVINE and
PAMELA DEVINE,
Defendants
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
OF PRIOR ORDER OF COURT
THE PARTIES
1. The Petitioner, Lisa M. Lone, is an adult individual who currently resides at
761 Old Quaker Road, Lewisberry, PA 17339.
2. The Respondent. Michael Devine, is an adult individual whose last known
address is 608 Main Street, Mechanicsburg, PA 17055.
3. The Petitioner is the maternal aunt, and the Respondent is the father, of the
two children who are the subject of the above-captioned actions, specifically, Gretchen
Devine, born on February 10, 1991, and Jean Devine, born on August 24, 1994.
PROCEDURAL HISTORY
4. Action No. 95-4413 was initiated when Pamela Devine, mother of the
aforementioned children, filed a custody complaint regarding both children against their
father, Michael J. Devine.
5, Action No. 98-5791 was initiated when I.isa M. Long (the children's
maternal aunt) tiled a custody complaint against Mother and Father seeking custody of
Gretchen Devine as a result of the tact that Gretchen had been living with iivis. Lung since
March of 1998.
6. The two aforementioned actions were consolidated on November 24, 1998,
as per paragraph 8 of the Honorable Edgar 13. Bayley's order of November 24, 1998,
which states. "The Custody Complaint filed in this matter under Docket No. 98-5971 is
hereby consolidated into the related custody matter previously tiled at Docket No. 95-
4413." (A true and correct copy of the November 24, 1998, order is attached hereto and
marked as Exhibit A.)
7. On April 25, 2000, this Court entered an order, which:
(a) stated that the prior order of this Court dated January 3l, 1999,' shall
continue in effect as modified by the April 25, 2000, order; and
(b) directed the parties to obtain a comprehensive mental health
evaluation for Gretchen in conjunction with a custody evaluation to
' Although this Court's order of April 25, 2000, references an order of January 31, 1999,
the actual date of the order is February 3, 1999. The confusion was caused by the fact that the
parties' agreement, which was incorporated into the order, was dated January 31, 1999.
2
be perl'rnied by I)r. Shiem old.
'I he stated purpose of this evaluation \%its to obtain an independent professional
recommendation regarding the child's psychological treatment as well as
recommendations concerning custody arrangements which would best serve the interests
of the child. (True and correct copies of this Court's orders of April 25, 2000, January
31, 1999, are attached hereto and marked as Exhibits 13 and C respectively.)
COUNT ONE
REQUEST FOR MODIFICATION OF THIS COURT'S APRIL 25, 2000, ORDER
8. The averments of paragraphs l through 7 are hereby incorporated as if set
forth in full.
9. The Court's order of April 25, 2000, deals only with Gretchen Devine and
does not in any way address the best interests and welfare of Jean Devine.
10. Although the Petitioner, Lisa M. Long, initiated a custody complaint only as
to Gretchen, given the fact that Action 98-5971 has been consolidated with Action 95-
4413, this Court has jurisdiction over both Gretchen Devine and Jean Devine.
11. Petitioner, Lisa M. Long, has had significant contact with both children, not
just Gretchen and, in fact, since May 1999 has seen Jean virtually each and every time
which she has seen Gretchen.
12. Petitioner, Lisa M. Long, believes and therefore avers that it is in the best
interests oft lie children and will promotc_judicial economy ifihis I IonorabIc Court will
amend its order of April 25, 2000. to require the parties to submit not only Gretchen
Devine, but also Jean Devine, to Dr. Shienvuld for evaluation and to require the parties to
obtain an evaluation which contains recommendations concerning custody arrangements
which would best serve the interests of both Jean Devine and Gretchen Devine, rather
than Gretchen Devine only as the order currently reads.
13. Dr. Shienvold's office has already had contact with Jean Devine and has
indicated that it will not be necessary for them to put forth any significant extra effort in
order to prepare it custody evaluation which includes recommendations regarding Jean
Devine in addition to Gretchen Devine.
COUNT TWO
CONTEMPT
14. The averments of paragraphs I through 13 are hereby incorporated as if set
forth in full.
15. As per this Court's order of January 31, 1999, the petitioner, Lisa M. Long,
is to have two weeks of uninterrupted summer vacation with Gretchen Devine. Petitioner
is to provide notice to Father by May 1" of the year in which she desires to exercise her
vacation.
16. Via correspondence dated April 27, 2000 (attached hereto as Exhibit D),
4
counsel for the Respondcnt. Michael Dcvine, was notified oI'Ms. Long"s intention to
exercise her thvo-week partial custoeh' from little 23"' through .luh 7"
17. The Respondent raised no objection to these dates.
18. When the Petitioner arrived at Rcspondcnt's residence al 5:00 p.m. on June
23rd to continence her two-week visitation with Gretchen, the Respondent thrust an
illegible piece ol'paper at her and stated that unless she signed due document site could
not take Gretchen on vacation. Ms. Long refused to sien the document. which apparently
had something to do with the administration ot'medication to Gretchen, and as it result,
Respondent refused to allow Ms. Long to commence her vacation with Gretchen.
19. The Respondent refused to allow the Petitioner to have Gretchen until the
next day at 1:00 p.m.
20. At this time, the Respondent also advised the Petitioner that he had enrolled
Gretchen in summer school which was to commence during the Petitioner's two-week
vacation and that it was Petitioner's responsibility to ensure that Gretchen attended this
summer school.
21. This Court's order of February 3, 1999, specifically states that:
In order to maintain consistency in the child's educational
progress, Father will enroll Gretchen M. Devine in either the
Cumberland Valley School District or West Shore School
District where she will remain enrolled until further order of
this Court.
5
22. In direct Violation of this order, the Respondent enrolled Gretchen in the
Mechanicsburg School District at the conuncnccment of the 1999-2000 school Near.
23. Respondent did not discuss this decision with Petitioner prior to taking this
action.
24. As a result of Respondent's contempt, Gretchen, Who is a special education
student, has been enrolled in three diflcrent school districts in the space of one year.
25. The Respondent has also engaged in a pattern of behavior designed to
frustrate the Petitioner's custodial rights including, but not limited to, (a) denying the
Petitioner visits on February 11", Iebruary 18' , March 3`" and March 17"' of2000; and
(b) threatening to relocate to other states on numerous occasions so that Mother and
Petitioner would not have access to the children.
26. The Petitioner believes and therefore avers that these steps were taken by
the Respondent for the sole purpose of harassing her and thwarting her efforts to exercise
her periods of partial custody under the Court order, particularly given the fact that they
had both been previously advised that the summer school schedule could be very flexible
and could be scheduled at the convenience of the parties.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter
an order:
(I) Requiring the parties to submit Jean Devine as well as Gretchen
6
I)evine to Ur. Shiem old for the purpose of having Dr. Shienvol(I
cOnducI a custody evaluation of.lcan I)evinc and (irclchcn Dcvinct
and
(2) Finding the Respondent in contempt of this Courts orders ol"January
31, 1999, and April 25, 2000, directing him to refrain from any m
Further violations of this Court's orders and requiring him to pay the
Petitioner's attorneys' fees in the amount of S>00 for the preparation
and presentation ol'this petition.
Respectfully submitted,
?aul 1=felvy, Esquire
18 tllian & Gephart, LLP
Pine Street
P. O. Box 886
Harrisburg, PA 17108
(717) 232-185 l
Attorney 1. D. 953148
Dated: August 2, 2000
Attorneys for Lisa M. Long
t
t
T
7
EXHIBIT A
LISA LGI?'t,
Plaintiff
W
i ANELA G. [%EVINE and
:i1CHAXt, 11. PF",
Ih_feni.;t,nt
I'. '1'l ii•: ("j('PT OF 0I.1X0:J PLEAS OF
C'f ^1N IiP.LAI?D C?KC:'1'1", P1:.^:!cSiLVAMIA
CRI*V of Couln.
-_ j
AND NOW, this tV\ day of •'l?J,y-??,? 1998,
upon consideration of t'he attached Custody Conciliation Report, it is
crdered and directed as follow;s:
1. The prior Order of this Court dated August 18, 1995 as it
pertains to Gretchen Devine, born February 10, 1991, is vacated and
replaced with this Order.
2. The Maternal Aunt, Lisa M. Long, the Mother, Pamela G.
Devine, and the Father, Michael J. Devine, shall have shared legal custody
of Gretchen Devine. The parties shall follow the recommendations of the
Child's physician with regard to administration of medication and changes
in dosages to medication for the Child. All parties shall have full access
to the Child's medical and school records, including the Child's Individual
Education Plan and process. The Maternal Aunt shall provide to the Father
notice of any major, school activities and events involving the Child,
including school conferences. The Father and the Mother shall contact the
Child's school directly to obtain information concerning ongoing activities
involving the Child and a copy of the school calendar.
Devine. 3. Lisa M. Long shall have primary physical custody of Gretchen
.
4. The Father shall have partial physical custody of Gretchen
on alternating weekends from Friday at 5:00 p.m, through Sunday at 5:00
P.m. and the Mother shall have a supervised period of custody with the
Child on the altenating Sundays from 9:00 a.m. until 5:00 p.m. or any
portion of the time period during which the Mother can obtain supervision.
The Mother's periods of custody with the Child shall be supervised until
such time as the parties agree that supervision is no longer necessary.
follows: 5. The parties shall have custody of Gretchen on holidays as
A. Thanksgiving 1993: In 1998, the Mother and the Father shall
share having custody of Gretchen at the Paxton Street
Ministries in Harrisburg on Thanksgiving Day.
B. Christmas 1998: Over the Christmas holiday in 1998, the
Father shall have custody of Gretchen from Christmas Ewe at
5:00 p:m. through January 3, 1999 at 5:00 p.m. The Mother
shall have a period of supervised custody with the Child on
Christmas Day from 10:00 a.m. until 5:00 p.m. and additional
periods during the Child's Christmas break from school as
#f n
l
arronyed by a::n^., ,ant tr_t.:cen the ,other and the father to
ccwrdinate t.ith the :;ether' w•or'r, schedule and the
rmilai,iIity a .? .?r.•rvi:r?r.
Easter 193.': Li.a :•. !,enq shall have custody of Gretchen
aver the P: nr •r holiday and --oring break in 1999. In the
event Lisa M. Lon; is .:or:.in9 over a period of the
Easter/spring break holiday, the Father shall be given the
first opportunity to provide care for the Child before third
party caregivers are contacted.
P. other School f!olidays/In-service Days: Lisa M. Long shall
have custody of Gretchen during other miscellaneous school
holidays and in-service days. In the event the Maternal
Aunt is unavailable to provide care for Gretchen during the
school holidays/in-service days, the Father shall be given
the first opportunity to provide care for the Child before
third party caregivers are contacted.
6. The parties and their counsel shall attend a second Custody
Conciliation Conference on April 9, 1999, at 12:00 noon in the office of
the Conciliator, Dawn S. Sunday, Esquire to review the temporary
arrangements established in this order by agreement of the parties.
7. This Order is entered pursuant to an agreement of the
parties at a Custcdy Conciliation Conference. The parties may modify the
provisions of this Order by agreement of all parties. In the absence of
agreement among all parties, the terms of this Order shall control.
8. The Custody Complaint filed in this natter under Docket No.
98-5971 is hereby consolidated into the related custody matter previously
filed at Docket No. 95-4413.
BY THE COURT,
Edgar B. Bayleyr J.
cc: Emily L. Hoffman, Esquire - Counsel for Plaintiff, Maternal Aunt
Jchnna J. Deily, Esquire - Counsel for Mother
Thomas M. Place, Esquire and Nichole M. Walters, Legal Intern -
Counsel for Father
ti,r._,.l«(? I l day ?
tm
LISA M. LONG,
Plaintiff
V c..
PlyME'LA G. DEVINE and
MICHAEL J. DEVINE,
Defendants
IN THE' Cy)URT OF
CIJ'1!?F.i•:LAC:` r?%: PI'S', i''t :: C::'.}'LVi.a L1
::o.
CIVIL ACi'1G:: - LAY.
. CUSTODY
PRIOR JUDGE IN RELATET) CASE: Edgar 13. Bayley
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND CDUN'iY 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:
Child's Name Date of Birth In Custody of
Gretchen M. Devine February 10, 1991 Plaintiff
2. A Conciliation Conference was held on November 12, 1998, with
the following individuals in attendance: The Plaintiff, maternal aunt,
Lisa M. Long, with her counsel, Emily L. Hoffman, Esquire, the Mother,
Pamela G. Devine, with her counsel, Johnna J. Deily, Esquire, and the
Father, Michael J. Devine, with his counsel, Nichole M. Walters, Legal
Intern and Thomas M. Place, Esquire.
3. This case involves a maternal aunt seeking primary physical
custody of one of the Defendants' two Children, Gretchen Devine, born
February 10, 1991. It should be noted that a separate custody action was
filed between the parents (Defendants in this case) in 1995, in which this
Court entered a Temporary Order dated August 18, 1995 concerning custody of
both Children of Pamela and Michael Devine, namely, Gretchen Devine, born
February 10, 1991 and Jean Devine, born August 28, 1994. The Custody
litigation between the parents is docketed as follows: Pamela G. Devine,
Plaintiff vs. Michael J. Devine, Defendant No. 95-4413. A Custody order in
that case was recently entered by Judge Bayley on November 3, 1998
reflecting an agreement of the parties at a Custody Conciliation Conference
(on October 27, 1998) as to custody arrangements for Jean Devine only.
Because both of these cases involve custody arrangements for Children of
the same family and a Custody Order was entered in the 1995 case involving
Jean Devine who is 'also the subject of the 1998 Custody Petition, the
Conciliator recommends that these matters be consolidated under the 1995
caption. Counsel for both the Mother' and Father agree to the
consolidation. However, it should be noted that Lisa Long, Plaintiff in
b
and her counool opj:o.;o the c:onnolidation.
4. The Partie, agree to ontry cf an OrdQr in the form as
attached, with the exception of the provir,ion re3ardin'a consolidation which
is the reconsnendation of the Conciliator.
1 L,t2 .x?-- - ? l z i49 F Q/?? /?_?l L
ti
Date Dawn S. Sunday, Esquire
Custody Conciliator
EXHIBI'T' B
LISA M. LU:C,
Plaintiff/Respondent
v: .
PAMELA C. DF:VIi T•; and,
MICHAEL J. DEVINE,
Defendant/Petitioner
ID' THE oir I'[.EAS of
CO>1:1L:RLN';D CO[1:;'i , PENNSYLVANIA
NO. 9)3-'.?.'71 CIVIL TBF,, 1
CI'llr. AC'1'IC[: - [1111'.;
CUSTODY
ORDER Or COURT
AND NOW, this -2? day of 4V \ , 2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior order of this Court dated January 31, 1999 shall
continue in effect as modified by this order.
2. The parties shall obtain a complete evaluation for the Child by
Todd Barron, MD, pediatric neurologist at Hershey Medical Center. The
parties shall cooperate in scheduling, and insuring that the Child attends,
all appointments for the evaluation.
3. The parties shall obtain a comprehensive mental health evaluation
for the Child, in conjunction with a custody evaluation, to be performed by
Arnold Shienvold, PhD or his associate. The parties shall submit
themselves, the Child and any other individuals deemed necessary by the
evaluator for the custody evaluation. The purpose of the evaluation shall
be to obtain independent professional recommendations concerning the
Child's psychological treatment as well as recommendations concerning
custody arrangements which would best serve the interests of the Child.
The parties shall sign any authorizations deemed necessary by the evaluator
to obtain additional medical, psychological, school, or other additional
information pertaining to the parties or the Child. The costs of the
evaluation which are not covered by insurance shall be shared equally by
the parties.
6. The Father shall contact Edgewater Children's. Services and request
that services for the Child be resumed. The parties shall cooperate with
any recommendations provided by Edgewater Children's Services.
7. Pending further Order of Court or agreement of the parties, the
Mother shall have partial physical custody of the Child on alternating
weekends (to correspond to Mother's time off work) from Friday at 3:00 p.m.
or after school through Sunday at 7:00 p.m. The Mother shall also have
custody every Thursday evening from after school until 7:00 p.m., which may
be extended to an overnight period as arranged by agreement of the parties.
8. The Maternal Aunt shall have partial custody of the Child on one
weekend per month from Friday at 5:00 p.m. through Sunday at 5:00 p.m. The
lx?ricda of weekend custody under. thi.: provi.. ion :;hill 1., r(:hednled to fall
on one of the t•'athcr't nltcrnotirrl weo',onrl Iv?ricF):: cf Cur.tcdy. ')'he
Paternal Aunt rind the Father ::hit) coot+?rat,., in ::chcdulirr.) the weekend
periods of ccc;toc)y under this provi:?ion.
9. The parties agree that the Child shall remain enrolled in her
curer-nt cchM1 r!irtrirr. unlC::E other.ise a'rr ;-i :y all
10. Upon completion of the physical, mantal health and custody
evaluations and, if at that time the parties are not able to reach an
agreement as to ongoing legal and physical custody arrangements, counsel
for any party may contact the Conciliator to ;schedule an additional Custody
Conciliation Conference within four, months of the date of this Order.
11. This order is entered pursuant to an agreement of the parties at a
custody Conciliation Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of mutual consent, the terms
of this order shall control.
BY THE CGURT,
Edgar E. Bayley, J•
cc: Emily L. Hoffman, Esquire - Counsel for Mattern 1 Aunt ,ic
Johnna Deily, Esquire - Counsel for Mother 0 (-
Andrew C. Sheely, Esquire - Counsel for Father '? ??
C?`- ??
r
?..0.?-1 ..-..--.. ..n.•;?s.•tiI .w. a.... .,23'::. ?...._....... ??.. ,.. .. _ .. _..":^";?...1 ? ?`ni`1. Ti: :`1: .•
LISA M. LCi:G,
Plaintiff./[?cam,-cncicnt
V::.
PAMELA G. UfiVIt;E and,
MICHAEL J.
D•_fondant/Potiticner
PRIOR JUDC1:: Edgar A. Bayley
CUSTODY CONCILIATION SUM14ARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
I:: 'i'ii!: (.CURT' OF CCbLNOp PLI.J.S OE•'
('""Rb:i:Li•aU CCUGT'Y, CENNFYLVAXIA
t:O. ? -5971 CIVIL TERM
CIVIL ACP1011 - LA;.'
Cis:>'PGii?
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
Gretchen M. Devine
2/10/91
Father
2. A Conciliation Conference was held on April 12, 2000, with the
following individuals in attendance: The Maternal Aunt/Plaintiff, Lisa M.
Long, with her counsel, Emily L. Hoffman/ Esquire, the Mother, Pamela G.
Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael
J. Devine, with his counsel, Andrew C. Sheely, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
EXHIBIT C
LISA M L()N(i, IN 'I III. ('(WR"I' OI' C'ObiMON I'LFAS OF
Plaintiff ('UMIS!'RIAND COUNI'l', PENNSYLVANIA
?. NO. y18S971
PAMELA G. DEVINE and CIVII, ACTION - LAW
MICIIAEL J. DEVINI:
Defendant CUSTODY
('kiS_I.ODY S11PULATI()N and ORDER
AND NOW, this _,3] -_ day of January, 1999, the parties, after consulting with their
respective counsel, have reached an agreement with regard to custody of Gretchen M. Devine.
1. Parties. The parties are Lisa M. Long, the maternal aunt ("Aunt") of Gretchen M.
Devine, Pamela G. Devine ("Mother"), and Nlichael J. Devine ("Father'"), the natural parents of
Gretchen M. Devine.
2. Prior agreements and orders. This agreement is intended to supersede all prior
agreements and orders to the extent that they are inconsistent with this Agreement and Order.
3. 1 coal Custody. Mother, Father, and Aunt shall share legal custody of Gretchen.
All of them shall have full access to Gretchen's medical and educational records. All of them
shall cooperate in ensuring that Gretchen receives the proper dosage of medications which have
been prescribed by her physicians.
4. Phvsical Custody. Father shall have primary physical custody of Gretchen. Mother
shall have partial custody on alternating Sundays. Aunt shall have partial custody for a
Ininimunt of si.x (b) Mrckends per %var (Imlay 5:0) pm to Sunday 5:00 pin) and kill notify
Father 48 hours in advance of the M eckend in Mitch she chooses to exercise her visitation.
without prejudice to her requesting the Court to grant her primary physical
custody of Gretchen at some time in the future, Aunt hereby withdraws her current right, to and
claim for primary physical custody, as set out in the Order of November 24, 1998. If Mother
chooses, Aunt may exercise Mother's partial Custody rights in her stead.
5, o ida Pending further written agreement, Mother and father shall have
custody, partial custody or visitation rights with Gretchen on holidays as they agree on from time
to time. Aunt shall have two (2) weeks uninterrupted summer vacation with Gretchen. Aunt will
provide notice to Father by May l of the year in which she desires to exercise her vacation with
the child.
6. Tcleoltone Contact. Mother, Father, and Aunt shall have the right to reasonable
telephone contact with Gretchen while the child is in the custody of the other.
7. F.mer_encies. All parties shall promptly notify the other parties of any emergency
involving the health, safety or welfare of the child.
8. The custody conciliation conference set for April 9, 1999, shall be canceled.
9. The parties intend to be legally bound by the terms of this agreement and desire that
it be made an Order of the Court. The parties may modify the provisions of this Agreement by
the agreement of all of the parties, but in the absence of such agreement, the terms of this
Agreement and Order shall control.
10. To maintain consistency in the child's educational progress, Father will enroll
Gretchen M. Devine in either the Cumberland Valley School District or West Shore School
District where she will remain enrolled until further Order of this Court.
11. To best manage Grctchen's special medical conditions (ADI D and Seizure
disorder), Father will continue regular appointments with Ur. Brown, pediatric neurologist, and
Dr. Jill Morrow, child deveIopnuntal specialist.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first written above.
WITNESS:
i Michae J. Devine
Pamela G. Devine
CERTIFICATE OF SERVICE.
I do certify that I served a true and correct copy of the within Petition for Contempt
and Modification of Prior Order of Court upon the following by depositing a copy of same
in the United States mail, postage prepaid, addressed as follows:
Andrew C. Sheely, Esquire
127 South Main Street
P. O. Box 95
Mechanicsburg, PA 17055
Johnna J. Deity, Esquire
Saidis Guido Shuff & Masland
26 W. High Street
P. O. Box 560
Carlisle, PA 17013-0560
Peggy Ilile, e retary
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: August 2, 2000
PANIPLA (i. DFVINI•.
V.
MICHAEL J. MAINE
V.
LISA \1 LONG
V.
N11('I1A1'.I. DE.VINk AND PAMELA DEVINF,
IN 1 1 1 1 ('O(:R I O l t "( MMON PLI'.AS OF
C('\IIiI.1tI.AND COI IN"I Y. PI".NNSYI.VANIA
98-5971 ("IVILACIIONLAW
IN C('S1i DY
AND NOW, this 31S_I___ _ day of _•IANI'ARN' , 200 L upon cun,ideratiun of the attached C'utrtplainl.
it is hereby directed that the parties and their respective cUnnsrl appear beibre Dim [I S. Sunda, F_s?L IJic conciliar
at 39 West Main Street, \lechaniesburg. PA 17055on the 201h day of February , 2001, at-1:00 m.
.for a Pro-] Iearing ('ustodV ('ont'crence. At Such cuntcrcncc, all eflort kill he made to resolve the issues in dispute: or
il•this cannot be accomplished, to define and nanow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conrercnce may
provide grounds for entry of a temporary or permanent order.
FOR 'Fill: COU Rf.
By: lsl -Dawn S. Smmddy?&q 69
Custody Conciliator
The Court of Common Pleas or('wnbcrland ('ounty 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 (cast 72 hours prior to any hearing or business before the court. You nmst attend the
scheduled conference or hearing.
YOU Sl IOULD TAKE THIS PAPER'I'0 YOUR AT-FORNEY A'1' ONCE. IF YOU DO NOT
HAVE AN AT'T'ORNEY OR CANNO'T' AFFORD ONE. (i0 TO OR TELEPHONE "Fill OFFICE SE'f
FORTH BELOW TO FIND OUT WHERE YOU CAN GI':I LEM(. HELP
Cumberland County Isar Association
2 Liberty Avenllc
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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TMG LAW FIRM OF
KILLIAN & GEPHART
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HARRISBURG. PENNSYLVANIA 17108-0686
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ORIGINAL
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• tER•TIFIED COPY
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PAMI'I.:\ ( i. 1)1':VINIf.
Plaintiff
MICI IAld..l. DI. 'INF.
Dclcndam
LISA M. LON(i.
PlaintilT
MIC I IAH. DFVINI{ and
PAMFLA DIiVIN1?.
Delcndant.e
AND NOW, this _ day of
IN] 111: COUR"f OF COMMON PITAS OT
UUM13FRLAND COUNTY.
PENNSYLVANIA
No. 98-5971 Civil Tcrnt
1consolidatcd \\,/ No. 95-4413 Civil Terns
CIVIL ACTION ION - LAW
IN CUSTODY
ORDER
2001, upon consideration of
the attached AMENDED CUSTODY C'OMPLAIN'T, it is hereby directed that the parties
and their respective counsel appear before
conciliator, at
on the
2001, at _.M., fora pre-hearing custody
the
day of
conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court,
and to enter into a temporary order. All children age five or older may also be present at
the conference. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
AMERICANS WITI l l)IS?1B11.1 1'II?S Ac I, OP 19911
The CoUrt ofConullon Pleas OI timberland (runty is required by law to comply
with the Americans with Disabililies Act of 199(). for inlia'nuition about accessible
lacilities and reasonable accommodalions a%;iil;tblc to disabled individuals having
business beliue the court, please contact our o17icC. All arrangements must be made at
least 72 hours prior to any hearing or husiness beliwe the cowl. You must attend the
SChcduled Conlcrence or hearing.
YOU SHOULD TAKE PHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE. SET FORTH BELOW TO FLND OUT NVIIERE YOU CAN GET LEGAL HELP.
Cumherland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
BY THE COURT:
Date:
J.
I'AMI?LA (i. IAXINF.
Plaintiff
MIC'11AIf1,.l. DI'.VINF.
Delcndant
LISA M. LONG.
Plaintiff
IN'] HE COURT 01: C'OMMON PLFAS OF
CUMBERLAND COUNTY,
PIfNNSYI.VANIA
No. 9R-5971 Civil Term
1consolidated w/ No. 95-4413 Civil Term
V.
MIC'I IAIT DIAANI'. and
PAMI?LA DEVINE.
Defendants
CIVIL ACTION - LAW
IN CUSTODY
AMENDED CUSTODY COMPLAIN'T'
1. fhe plaintiff is Lisa M. Long (hereinafter Maternal Aunt), residing at 761
Old Quaker Road. Lewisbeny, York County, Pennsylvania, 17339.
3. The first defendant is Michael J. Devine (hereinafter "Fattier") residing at
308 Market Street. Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. The second defendant is Pamela G. Devine (hereinafter "Mother") residing
at 801-A West Valley Street, Mechanicsburg, Cumberland County, Pennsylvania 17013.
4. Plaintiff seeks custody of the following children:
Name Present Address Date of Birth
Jean Nichole 308 Market Street, February 10, 1991
Devine Mechanicsburg, PA 17055
Gretchen Marie 761 Old Quaker Road,
Devine Lewisbeny, PA 17339
5. Action No. 95-.1.113 Naas initiated Mien Mother filed a custody complaint
rcgardine hoth children against Father.
0. Action No. 98-5191 %kas initiated %?hen the NhICrnal Aunt filed a custody
complaint against IMothcr and Father seeking custody ol't ircicltcn Devine as a result of
the fact that Gretchen had been living with Ms. Long since March of 1998.
7. The two alorcmcntioned actions %%ere consolidated on November 24, 1998,
as per paragraph 8 of the Honorable lidgar 13. Bayley's order of November 24, 1998,
which States that, "(1111c Custody Complaint filed in this matter under Docket No. 98-5971
is hereby consolidated into the related custody matter previously filed at Docket No. 95-
4413." IA nve and correct copy of the November 24, 1998, order is attached hereto and
marked as 1xhibit A.)
8. This Amended Custody Complaint is being tiled to include a request for a
custody order for Jean Devine as well as Gretchen Devine. Concurrent with the filing of
this Amended Custody Complaint, the Plaintiff is filing a Petition for Modification and
Contempt, all of which is attached hereto and incorporated herein.
9. The children were not horn out of wedlock.
10. The children are currently in the Custody of Father, who resides at 308
Market Street. Mechanicsburg, Cumberland County, Pennsylvania, 17055.
1 1. Du,iIIg the past live 15) gcv., the children have resided ??ilh the following
persons and al the follo%%ing addres,e.:
Address Dates
Name
101 Fdw;ud Street 1 95 to
Mother. Father
I larrisburg, PA 171 10 3 `)i
Mother. Father 1152 ! Market Street 3/9to
I larrishurg. PA 17103 5/30/95
Mother a WOmcn's Shelter 5/30/95 to
7/6/95
Mother 102 West high Street 7/6/95 to
Carlisle, PA 17013 1997 approx.
Mother 3 Lowther Street 1997 to
Carlisle, PA 17013 1998
Jean lived with Father, 28 Maple Avenue 1998 to
Mary Devine and James Camp 1 till, PA 17011 1999
Devine
Gretchen lived with 1856 Holly Drive 1998 to
Maternal Aunt Camp Hill, PA 17011 1999
Father 510 Market Street 1999 to
Mechanicsburg, PA 17055 2000
Father 308 Market Street 2000 to
Mechanicsburg, PA 17055 present
12. Since March 1998, plaintiff has spent significant amounts of time with both
children.
13. 'fhe mother of the children is Pamela G. Devine. She is divorced.
-3-
14. I he lirthcr of the children is Michael .I. Dcvinc. Ile is divorcee[.
15. 1 he relationship oI' plat miIf to the children is that of maternal aunt. The
plaintil7•currentl> li%cs by herself.
16. 1 he relationship ()['tile first defendant to the children is that of father.
Father currently resides evith the lolloeving persons:
Name Relationship
Jean Nichole Devine Daughter
Gretchen Maric Devine Daughter
17. The relationship of the second defendant to the children is that of Mother.
Mother currently resides with the follo?vinv persons:
Name
Relationship
Iona Bryant Paramour
18. Plaintiff has participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this or another court.
19. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect
to the children.
20. For the reasons set forth in the Petition for Modification and Contempt (a
copy of which is attached hereto), the best interest and permanent welfare of the children
will be served by granting the relief requested.
-4-
21. I aeh parcnt %%hose I)aIelltaI right, to the children ha%c not been terminated
and Ilse Person \% ho has Physical cumml; of the chi Wren ha\e hecu named as parties to
this action.
WHEREFORE. Plaintiff resPceAlly r"plests the ('curt to grant her Primary
physical and sole Wal custody of.Ican Nichule Devine and Gretchen Marie Devine.
r
Dated: January 23, 2001
Killian &, t,epl
218 Pine Street
P.O. Box 886
I larrishurg, PA
(717) 232-1851
17108
Attorneys for Plaintiff
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PRIOR JU[X7L•' IN REf 1TE:'D G'C31•;: Fcklac B. taylcy
CJS'IO)y CCNCILIA'I'I(.)N SUXKA-Ry RE 4111'
IN ACCOMANCE WITH CUMBERLAND COLNTY RULE OF CIVIL PROCIDUc2E
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I elicad;tnl
LISA M. LONG.
I'laintif l'
c.
MICIIAP.I_ DFVINFand
PAMIA-A D[.\'INI .
Defendant,
I\ 1111 ( (A R I ()I 0 )M\I((\ PI LAS ()I
(1 MM RI AM) CU('\ I Y.
\'\?l'I.\'A",.IA
\o. QS-5971 CMI Term
[con:oli(alcd %% No. 95-441'C'i%iI I erns
CI\ IL ACI ION - I.A\V
IN CUSTODY
PETITION FOR MODIPICATIM :1\D C0\'1'1•:-I1"r
PARTIES AND BACKGROUND 1, ACTS
The Petitioners are:
A) Lisa M. Long, (hereinafter Maternal Auntl. is an adult individual who currently
resides at 761 Old Quaker Road. Lewisberr . York County . PA 17.39. and
B) Pamela Devine (hereinafter Mother). is an aclult individual who cun•ently
resides at 301-A West Vallev Street. Mechanicsburg. Cumberland County. Pennsylvania
17013.
3 The Respondent. Michael Devine (hereinafter Father). is an adult individual
whose last known address is 603 Main Street. Mech;nticsbttr_. Ctnnherland County. PA
170».
EXHIBIT
11.. Petiti mel l i.•I I.om: iS the materr..ll ;runt. the Petitioner Pamela I )e'• we
is llle mkiOler. lllld IIie I?e?It?rlldl;ll h the t:IIIIcl' Itl I!IC I%%o Cl111(1reI) 1,, ho arc tIIC illl)ica of
IIle aho•.e-c;lpti0lted aaion.. Spe itic;lll . (n'ct:ite11 De%inc. horn 0n I ehruary In. I'i91.
and lean Dc•,ine.1)01-11 0n AuL!tlst _'-l. 1994.
-l. Action \o. U; 44I? ttaS initiated %\li n Pamela Dccine, III other o I, the
aforementioned children. tiled a C11stody complaint 1-r=ar?ling both childre11 a?' ainst their
father. Michael J. Devine.
5. Action No. IM-579 I %%a, initiated tchen Lisa M. 1_011g. the children':
maternal aunt. tiled a eusuuly complaint a«ain;t Mothcr and Father seel:in?? cu?tod? of
Gretchen Dcyine as a result 01.01e fact that Gretchen had been living with %Is. Long since
March of 199S.
6. Concurrent tcith the tiling of this petition. Lisa Lone is filing all Amended
Custody Complaint to include a request for it custody order re«ardins Jean Devine as well
as Gretchen Devine.
7. The two aforementioned actions %vere consolidated on November 24. 1993,
as per paragraph S of the Honorable Edgar B. Bayley's order of November 24. 1995.
Which states that. 11111e Custody Complaint tiled in this matter under Docket No. 93-5971
is hereby consolidated into the related custody matter previousI% tiled at Docket No. 95-
413." (A true and correct copy orthe November 34. 1993. order is attached hereto and
marked :is Exhibit A.)
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\. I Ile Ino?1 IY: CIE' al?lod? oC?ief e:IICr:cl it) actik'II 4X-I? tllk ( oult
01dcr ol'tieptemh:r I nnn, ??lii:h _ran;. <I.ar:d I?°;tll :u?lo,i? of(iret:hen to I isa
Iona. P;rmela )e\ 1110 an,l %Ii:h;r:l I)-"% arnl,!rant. MI:hael Ue inr prinr,u} ihcsi:lll
custody. and periods ol'p;utia; :u>t d} t„ Lka I on1 and Pamela Dc%ine. (A true and
correct Copy of thi> order is a It:r:he l hei"elo :uld marked aS I \hihit lit.
Lit' Septcntber I ;. 1010, does not addreSS eu';tOd%' of can
). This Court': )Hier
Devine, The Petitioners helic%c :uul (Ilerel, c,r a%cr that the only order that this Court has
entered ivnrding .lean Dc%ine %v as entered in action No. 95-4411 on Nocenlber 3. 1995.
at which time this Cotnt granted Shared legal eustoti of.lcan De%ine to Paluela Degine
and Michael Devine. granted \9ichael De%-ine primary physical custodV. and granted
Pamela Devine periods of partial custod%. I :1 true and correct cop}' of this order is
attached hereto and marked as Gshibit C).
II. FACTS RELEVANT TO REQUEST F012 MODIFICATION
IQ Consistent %%.ith this Coun's Order of April 35. 2000. the parties herein
obtained a comprehensk e mental health eValuation performed by Arnold Shiemrold.
Ph.D. This evaluation has been completed and Dr. Shiemold issued a report dated
December 14. 2000. (:A true and correct cope of which k attached hereto and marked as
Exhibit D).
11. Dr. Shienv old "snrongly recommended that Lisa Long become the primary
physical and sole legal custodian of Grelchen and Jean Do%ine. Lisa is the only one of
the adult fare 2r CI', Uf Ihe?c :i?IId IYn to ?lli X11 a ?011't.llll Ie% VI of "tahl IIt%. Ic,poll 11111 ll\
and nl;nurily in lileir life." IlAllibit D.
III. I:ACfS REI.1 VAN I 'm RI{(1l I:S I I OR ('O\ VIIP I I) v I vioNIIN.\'FIO
13. ( in Au?s ist 221 )()(1. Petitioner I_i,a Len' tiiekl a PC Iit ilIn for ('klIt CI lIn und
N I OdifICatiOll of Prior Order of Coum a true and correct cup; of 1ikhick is mtaclied hereto
and marked as Fxhibit L.
I:. Although all parties im'ohed attended a conciliation conferener at %%hich
time the issues raised in the aforementioned Petition for Contempt were diseu,sed. the
Petitioners believe that Nlichael Devine has continued to engage in a pattern of behavior
designed to fiustrate not only Lisa Lonc's custodial rights. but also the custodial rights of
Pamela Devine.
14. In late October. Mr. Devine threatened to shoot both Pamela Devine and
Lisa Long After making this threat. he confirmed that he did indeed have a shotgun.
15. This issue was reported to NO. Devine's attorney via correspondence dated
Avember 3, 3000. a true and correct cope of "Itch is attached hereto and marked as
Exhibit F.
16. On November 17, 3000, NO. Devine refused to allow Pamela Devine to
exercise her period of partial custody, indicating that he would punish her for reporting
his prior death threat.
-4-
I-. ( ill I)C::Itlher 1. 2' -111), %1r. [)C% Hl,: %%;1hheld \'NI1a1i'm twill Pamela Decllle.
A bile alld :orfea i p\ I i Ili 14 Ihli ll:C from .\Home\ Kope:k\ 7CL';1I'dII1 L' thk
in:ldent IS atl:l:hed l1CI.'Io'Ind Il Lll l.:d ,1, I \I'.Ibll ( i
Iti. t)it or ahkIto amla % ?.'lull. Pim& IUine and I.Na Lana vv ere ad%Nod
by the Mcchanic,hur_ Schad I)Ntri:t that 61e%hc:i had a bnik:n lin Cr. \chich the
Petitioners helieve. and thiret'oly a%er, had been broken for Several da%S.
Ic). 'file Petitioners haicve that \1r. Devine vvas well iMare ofthiS hilt failed to
i
report this condition to either Pamela Devine or Lisa Long or to provide lduµIlle medical
treatment ror Gretchen'; condition.
20. On April 25. 2000. this court entered an order which states in Paragraph 3
that:
The parties shall obtain a comprehensive mental health evaluation for the
Child. in ccmjunCtion with a custody evaluation. to be performed by Arnold
Shienvold. Ph.D.. or his associate. The patties shall submit theinSclVeS, tile
Child and any other individuals deemed necessalj- by the evaluator for the
custody evaluation. The purpose of the evaluation shall be to obtain
independent professional recommendations concerning the Child's
psychological treatment as well as recommendations concenting custody,
an•angements which would best sen'e the interests of the Child. The patties
shall sign any authorizations deemed necessary by the evaluator to obtain
additional medical. psychological. school. or other additional information
pertaining to the parties or the Child. The costs of the evaluation which are
not covered by insurance shall be shared equally by the parties.
A true and Correct cope of said Order is attached hereto as Exhibit IL
21. Although \Ir. Devine attended numerous sessions with Dr. Shienvold, lie
has to elate refused to pay his portion of the bill which amounts m S705.00.
-5-
22. Petitioner Lisa long paid Mr. Do inr',;Wlon UK hill in onlcr to obtain
Dr. Shiemold's report.
NN'IIHIt I•:FOlt E.. Petitioner:, !C,peafully r,uur>l ihi. 1101101 ale COLA-t to rater an
order:
1) Granting primary physical custody ('t'( iretcIlen and .lean Devine to
Petitioner Lisa long and amending the remainder of the cusnOdy order consistent %\ ith Dr.
Shienyold's recommendations:
2) Finding Respondent Alichael Devina to he in contempt of the prior court
order and requiting Respondent to pay the petitioners' attorney fees for the preparation
and presentation of the contempt portion of this petition: and
3) Ordedng Respondent Michael De%ine to pay Petitioner Lisa Long 5705.00
representing his portion of the cost of Dr. Shienyokrs report.
Respectfully submitted.
Johmaa4. Kopely. Es uirz?
Attorney ID#
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle. PA 17013
(7 17) 243-6222
Attorneys for Pamela Devine
Dated: Januarl 1-.2001
J. NO Ilelvy
Atu/minev ID X331&8
.Killian & Gephart, L P/
218 Pine Sweet l?
P. 0. Box 886
Harrisburg. PA 17108-0886
(717) 232-1851
Attorneys for Lisa Lon=
6-
I do ccrtill Ih:u I sened a Ime and correct copy of'IIle forcgoing Petition fi r
'Modification and Contempt of a Custody Order upon the lidlowing by depositing a copy
orsame in the Wited States mail, postage prepaid, addressed as Iollows:
r\ndrew U. Shecly. (Squire
127 South Plain Street
1'. O. Box 95
Ylechanicshurg, PA 17055
Johnna J. Deily, Esquire
Saidis Guido Shoff & Nlasland
26 W. I ligh Street
P. O. Box 560
Carlisle, PA 17013-0560
1 ..
Peggy I Iile, Sect-etary
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: January 23, 2001
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THE LAW FIRM OF
KILLIAN IN ZT
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STRECT ORIGINAL
cM etln
HARRISBURG. PEA YLVANIA 171080886 -
CERTIFIED CQW1 l 9 L'JU
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PANIFLA G. DEVINE
Plaintili'
IN Tl n: CUl1R I OF COMMON PL1{AS 01:
CUMIWRLAND COUNTY,
ITNNSYLVANIA
V.
MICIIAI:f..I. D AIM;.
Delcndant
LISA M. LONG.
No. 98-5971 Civil Term
1consolidated w/ No. 95-4413 Civil Term
Plaintiff
V.
MICHAEL DEVINE and
PAMELA DIVINE,
Delcndants
AND NOW, this day of
CIVIL ACTION - LAW
IN CUSTODY
ORDER
2001, upon consideration of
the attached PETITION FOR MODIFICATION AND CONTEMPT ofa custody order, it
is hereby directed that the parties and their respective counsel appear before
the conciliator, at
on the day of
2001, at _.M., for a conciliation or mediation conference. At such
conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to detine and narrow the issues to he heard by the court, and to enter into a
temporaryorder. All children age five or older may also lie present at the conference.
Failure to appear at the conference may provide grrounds for entry ofa temporary or
permanent order.
AMI 1 1_(' NS %Vffl._I_))I_S,\1311_ rrll'.S A(' I Oh 199()
the ('our( of C'onunon Pleas (11 umherland County is royuired by law to comply
\eith the Americans k? ill] Disahilities Act of 191)0. for inl2xmation about accessible
liicilitics and reasonable accommodations available to disabled individuals having
hlulneSS betine the court, please contact our office. All arrangements must he made at
least 72 hours prior to any hearing or busincsS helixe the court. You must attend the
scheduled conicrence or hearing.
YOU SHOULD TAKE. THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CO TO OR
TE.LEPIIONE. THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL IIELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17011
(717)249-3166
BY THE COURT:
Date:
J.
PAMELA G. DIMNF.
Plaintiff
P.
MICHAH.,I. DEVINE.
Defendant
LISA M. LONG,
Plaintiff
V.
MICHAEL DEVINE and
PAMELA Dl?VINF,
Defendants
IN'] III: C(MIZ T OF COMMON PLEAS OF
C'UMBEIMAND COUNTY,
PENNSYLVANIA
No. 98-5971 Civil Term
[consolidated w/ No. 95-4413 Civil Perm )
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR MODIFICATION AND CONTEMPT
1. PARTIES AND BACKGROUND FACTS
I . The Petitioners are:
A) Lisa M. Long (hereinafter Maternal Aunt), is an adult individual who currently
resides at 761 Old Quaker Road, Lewisberry, York County, PA 17339, and
B) Pamela Devine (hereinafter Mother), is an adult individual who currently
resides at 801-A West Valley Street, Mechanicsburg, Cumberland County, Pennsylvania
17013.
2 The Respondent, Michael Devine (hereinafter Father), is an adult individual
whose last known address is 608 Main Street, Mechanicsburg, Cumberland County, PA
17055.
3. The Petitioner Lisa Lon,, is the maternal aunt, the Petitioner Pamela Devine
is the mother, and the Respondent is the father of the hvo children who arc the subject of
the abme-captioned actions, specifically. Gretchen Devine, horn on Februarv 10, 1991,
and Jean Devine, horn on August 24. 1994.
4. Action No. 95-4313 was initiated when Pamela Devine, mother of the
aforementioned children, filed a custody complaint regarding both children against their
father, Michael J. Devine.
5. Action No. 98-5791 was initiated when Lisa M. Long, the children's
maternal aunt, tiled a custody complaint against Mother and Father seeking custody of
Gretchen Devine as a result of the tact that Gretchen had been living with Ms. Long since
March of 1998.
6. Concurrent with the filing of this petition, Lisa Long is filing an Amended
Custody Complaint to include a request for a custody order regarding Jean Devine as well
as Gretchen Devine.
7. The two aforementioned actions were consolidated on November 24, 1998,
as per paragraph 8 of the Honorable Edgar B. Bayley's order of November 24, 1998,
which states that, "[t]he Custody Complaint tiled in this matter under Docket No. 98-5971
is hereby consolidated into the related custody matter previously filed at Docket No. 95-
4413." (A uue and correct copy of the November 24, 1998, order is attached hereto and
marked as Exhibit A.)
S. 'I he most recent cuslody order catered in action No. 98-5701 is this Court's
(),der of Sepicmbcr 13. 2000. which grails shared legal custody of Ore IcIlei Ito I .isa
Long. Pamela De%inc and 1lichael Devine, and grants Michael Devine primary physical
custody. and periods ofpartial custody to Lisa Long and Pamela Devine. (A true and
correct copy of this order is attached hereto and marked as Exhibit 13).
9. This Court's Order of September 13. 2000. does not address custody of Jean
Devine. The Petitioners believe and dicrelbre aver that the only order that this Court has
entered regarding Jean Devine was entered in action No. 95-4413 on November 3, 1998,
at whieh time this Court granted shared legal custody of Jean Devine to Pamela Devine
and Michael Devine. granted Michael Devine primary physical custody, and granted
Pamela Devine periods of partial custody. (A true and correct copy of this order is
attached hereto and marked as Exhibit C').
IL FACTS RELEVANT TO REQUEST FOR MODIFICATION
10. Consistent with this Court's Order of April 25, 2000, the parties herein
obtained a comprehensive mental health evaluation performed by Arnold Shienvold,
Ph.D. This evaluation has been completed and Dr. Shienvold issued a report dated
December 14, 2000. (A true and correct copy of which is attached hereto and marked as
Exhibit D).
11. Dr. Shienvold "strongly recommended that Lisa Long become the primary
physical and sole legal custodian of Gretchen and Jean Devine. Lisa is the only one of
-3-
the adult care gives al'theu children to show a constant level ol'stability, responsibility
and tuaturity in their life." (I{.xhibit 1), pate 7).
111. PACTS ItELE'VANT TO RP.QGf?S'f IY)R COti"1'h:?11''1' Ul?'I'h:R111NA'fION
12. On August 3. 2000. Petitioner Lisa Long filed it Petition for Contempt and
Modification of Prior Order of Com'I, a true and correct copy of which is attached hereto
and marked as Exhibit F.
13. Although all parties involved attended it conciliation conference at which
time the issues raised in the aforementioned petition for Contempt were discussed, the
Petitioners believe that Michael Devine has continued to engage in a pattern of behavior
designed to frustrate not only Lisa Longs custodial rights, but also the custodial rights of
Pamela Devine.
14. In late October. Mr. Devine threatened to shoot both Pamela Devine and
Lisa Long. After making this threat, he confirmed that lie did indeed have a shotgun.
15. This issue was reported to Mr. Devine's attorney via correspondence dated
November 3, 2000, a true and correct copy of which is attached hereto and marked as
Exhibit F.
16. On November 17, 2000, Mr. Devine refused to allow Pamela Devine to
exercise her period of partial custody, indicating that he would punish her for reporting
his prior death threat.
-4-
17. ( )n Dccrnihcr I. 2000, Mr. Dcaine withheld visittion from Pamela Devinc.
A true and correct copy of correspondence from Attorney Kopecky regarding this
incident is attached hereto and marked as Fxhibit ( i.
18. On or about January 3. 2001, Pamela Dcvinc and Lisa Long were advised
by the Mechanicsburg School District that Gretchen had a broken finger, which the
Petitioners helicvc, and therelore aver, had been broken for several days.
19. The Petitioners believe that Mr. Devine was well aware of this but failed to
report this condition to either Pamela Devine or Lisa Long or to provide adequate medical
treatment tier Gretchen's condition.
20. On April 25. 2000, this court entered an order which states in Paragraph 3
that:
The parties shall obtain a comprehensive mental health evaluation for the
Child. in conJunction with a custody evaluation, to be performed by Arnold
Shienvold, Ph.D., or his associate. The parties shall submit themselves, the
Child and any other individuals deemed necessary by the evaluator for the
custody evaluation. The purpose of the evaluation shall be to obtain
independent proressional recommendations concerning the Child's
psychological treatment as well as recommendations concerning custody
arrangements which would best serve the interests of the Child. The parties
shall sign any authorizations deemed necessary by the evaluator to obtain
additional medical, psychological, school, or other additional inforniation
pertaining to the parties or the Child. The costs of the evaluation which are
not covered by insurance shall be shared equally by the parties.
A true and correct copy of said Order is attached hereto as Exhibit H.
21. Although Mr. Devine attended numerous sessions with Dr. Shienvold, he
has to date refused to pay his portion of the bill which amounts to $705.00.
-5-
f
". Petitioner I isa Long paid %Ir. I )wine's portion of the hill in older to obtain
Dr. Shienvold's report.
\VII EREFORE. Ilei iIioucIs respccllLlly request Ibis I Ionorahle Court toe] ter an
order:
I ) (wanting primary physical custody of (iretchen and .lean Devine to
Petitioner Lisa Long and amending the remainder of the custody order consistent with Dr.
Shienvold's recommendations:
2) finding Respondent Michael Devine to he in contempt of the prior coln't
order and requiring Respondent to pay the Petitioners' attorney fees for the preparation
and presentation of the contempt portion of this petition: and
3) Ordering Respondent Michael Devine to pay Petitioner Lisa Long $705.00
representing his portion ofthe cost of Dr. Shienvold's report.
Respeclfidly Submitted,
?n c. /
I i a K pecky, ESgmre
A orney?l #
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorneys for Pamela Devine
Dated: January 23, 2001
20 rfl HeIvy
rney ID 48
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 1 7 1 08-08 86
(717) 232-1851
Attorneys for Lisa Long
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VERIFICATION
her =?-f verify Chat ?.h_ 'c." 1. _..:
TCY2_7_:1.7. dccum. en:. a_ LYL._ c.ndl CC ?.._ D_St m
t_nowl_dae, 1^.=OY .atio: an c°_1___. _ = a-..f la_S?
Stat E::1=.^.t5 ..Eii'_ SUD]nl =0 _:Dnt=inec- in is
Pa.C.S.... ?' _°1_a_?ncr to ll:.'ll=_.. La_°la_`a' O:: t0 c.ll
/r
Dated:
.1
[,
m
I,.._ pc:...
MEN OF C"IVI"
upon „_.5 _..c_?t lcn cf Cllr attaa.. _, ..___ _?:i________.. ___, __ ._
crderc? and :.__?_?.? as `c l'1c.:-::
1. The prier •_rder sIf c __ dated ft:cust 1-, 13?5 as it
-_tains tc ,_=_che„ Ge':ine, bcrn __ _= racatcd
replaced with t =.. cr___.
2. The :laternal t}nt, .,_Ea ... LCn7, th= _th•_r, cm__ _ C-
cevine, and the rather, :<ict el ?'. e:7ne, .311 f'.'_':= S..a_ 1- 91 St
cf Gretchen Lein .n. par ies .a11 f_11c th= r=cdr encaticn cf the
Child's ph.-_., an with 9_..._.._s___titn r.=cica_ic. 3nc-=
in o.,. td .-_:-cat=cart- _ti1d• - = 5.-,9'_1 hav_ full ace=Gs
to the child's moarzical anJ _Cn_cl _____..c, 1--^'l: _ t..c _n 11d'S '"Ci21d_al
Education :'ran _n c.._c_. _.._ .. -__..sl .._ ._ S.ai1 ^r... = Fat^„
notice of -_ s-..cc1 a_ti:___-= events _;.vsl'._- C.`.?_ ,
incicdi:?-y ?d?c__ confe__.n.ce-z. :..= Ea_-,a_ ?.... _?•_ ..____ Sh_o _antact _.._
Child's scnccl dire..tl'. _o octain infer: ---.. co..c= ning cr- _ _ activit___°
invol-:ing the Chile and a cco'r cf the =chcc'1 cal=ndar.
Levi ne.
Lis-- ... lcn- shall --:e - iT-- r•ys__al c =tVy of Gre:zne.
The Fathar Stall 'cave :>arc9i phrysicai dustccy of Gretchen
on alt=rnating wee end_° from Friday at 7:00 p.m. tnroudh Sulday at 7:00
p.m. and the Horner shall 'nave a suoer;is=d Period cf custcd.r with the
Child on the alteratinc Sundays from ?:00 a.m. until -5:00 p.m. or any
portion of the time p=ried during which the Ptother can cbtain super•isicn.
The Mother's cericds of cust:cdv 'with t?^.e chill _i.all be ? -2rvi5.d until
_sur_h time as the carti=s a,ree that =' ?c.isicn is nc lon?erlnec=ssa_y.
follows:
The ,= i=s shall i-?9ve cc.___ _, a_ar,e.. cn .._'_id_. as
'°;?ar,}-,i., 1? T_n '.3?F Y.ct..__ 9nd _at:r__ _nall
:,nar= havinc custody ____chen at the -xtcn str==t
iti_tries ._ris.._rg c.. T;.an:cg vin-
st„aa C-:cr the _..___tmas hclic ; in 1S'9c, the
E-tner shallJ..a._ custccv c= stchen. from _c_istmas Eve at
1:J0 :m. t`.:rcuch _. _ar: __ ? at =:00 .... The moth=_r
shall have a pericd=cf. =upervisad custody with the Child or.
Ghric%Tas ray frcm 10: J?`a.T.. unt'_l 5:00 D.T. and additional
s Ch___tm_ bre_., a_
p_riccs curing the C:^.lld' r;= =_ ak from school =
'EXHIBIT
g
,a ternal
r. nt is w.dV311 .;1e is c._... Car. icr _retc::en CL:ring the
s .. el ho11c in-ear?ic_ aavs/ the Father Shall be oIVen
L..- _c_ :::i.r=-.,_C? .'.CiG_ c--re i.-._ :ine C.nllc :r=c re
?..._ Gar ca_-=iVc_o are CC.._-..?
The Farb--- and t't:eir counsel shsll __ten-4 a second edv
_cnciLa=icr. ..rcferance cn 1 ?/ L= _= 12:?- in _.._ office of
,File _occi'_iat__ sawn _. ?_.. _?, •.- .,ir_ _., re':i the ts°cor=_ry
arranc_-_..r._ _S_-iS 7 in _ Cr e_ . ee ect cf zln/ parties.
=ntere __ .._ tc acreement _-
_-_t..=s nc ,.
_.. _cnfa__..__. the
_:isc.s =. ,.._s - -_-....e.._ _[ a'_'_ __..__e. ?? t;,e ab__::ce c=
-l' -__ control.
.cmrlaznt firs in tni_= .alter und__ Z diet
_]-:711 is nerec`:-C=nsCllca Lc•C iatc L7•_ ___-._.. custcCV matter :Drevia:21V
L-v
__ _ .- _,J. -1/
Ecc-r E. Bayley, J.
cc: Sm.i_v .,. ...,.,.-n, -- r_ - _..?nsel for plai^__'_:/ '•:aternal Aunt
;hcT-.as . .. F., ace, E_? _c a.
-: ... ..__..olc Intern
-
- -
Ccunsel c_ Father
. u ra4wn+21www...?.nm,.cu:acv,•;.:.:, ?a?:::a-.__.•••'••.
.. LISA M. LC C, L': .. ..
PRIOR JUDGE IN M- ATET) CASE: Edgar B. Bviyley
01MODY CONCILIATION SUMMARY RE'POR1'
IN ACCORDANCE, WITH CUMBERLAND MJMY RULE OF CIVIL PROCEDURE;
1315..-3, tae nd=_=__ eu Cdy Co:,.=41Jat:r the f--'!-wing r.-pc-t:
ertira.. inf,..=cn the Chi_.. :h-- is the
sub_.-- of thiS as
follc
Child's Name Date of Birth In Custody of
2. A. _cncz_aat_on Conference was with
the following inc;v'_du.als ;n atte.^.7=_. _he F1=_ntitf, maternal aunt,
Lisa X- LOn_, `d?taher counsel, E,._iy L. Hoff n, ,^.i-- the ! e-
Fl-mela G. G-_v_r. wita her counsel, Johnna --i17, - ire, and the
^-th=C, i:ichael j. with hi._ Ccllnsel, ..iC`Ole i:.Walters, Legal
Intern and Thomas x. Place, Esc'--ire.
?. This Case involv?s a -,aternal aunt see}sing pricar; phvsical
custody of one of the Defendants' two Children, Gretchen Devine, born
February 10, 1991. It should be note that a separate custodv action was
filed between ,:e parents (Defendants in this case) in 1998, jr. which this
Court enter 1c, 195 concerning custody of
path Children of ,a .=-Ja aad cic Devine, namely, Gretchen Levine, born
and Jean born A`'g s_ 23, 1?3?.
The Custody
1i`i^
_ .ation carents is rrre e as- follow-:
Pamela G. Devine,
Flaintiff is^ae1 J. e, Defendant No. 95 =13. r.Custody Order in
that case was __.--ntly ent=-ra J ge avley on P:c e.mber 3, 1998
`"af leCtl;rg an .v.,.e..= Of the ^___'_e_ atya s i.'?dV CCncillation Conference
(on CgtO.OeC G%, 19--j) as ^ cusz:c?i arrnnoemants for Jean Devine only.
Because tcth c.: th-eSe cases _n -C-Iva arrangements for Children of
the sar,:e family and a '.LlscOdy Crder was entered in the 1998 case involving
Jean Levine -ho _s als the subject of the 1.9Custody Petition, the
Conciliator recommends that these matters be ccrsolidated wn5cr the 1998
caption. Counsel for toth the mother and Father agree to the
consolidation. However, it would be noted that Lisa Long, Plaintiff in
n,,,n..,.?w,wwsy.?n?vaorrv?asvwwn?nn.+.:r.!._
Wv `-
"`., ' ". the curt r? c..a cv r.] h•: ... .' ? ... ,.. -... ..
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lwn
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.... _ -71 7 1..
ORDM OF OOUR'T
AND NOW, =is 13 day
COnSlderat;_On _f t^ a'taG^^?E^ , 2'2"'D, up^n
and directed __ f0110n_. unt -c 7C11. 3t1 On F(ep __ 1S Cr
1. The zr4cr d-'?
2000 are Vd _ andy reclac_- wiiS t- -is date Cn 24, 1?_c and r.^r11 2J,
-- - - 5 der.
2. The Mates
1 =:,:r,t, Lisa M. Lone, the MothEr, Pamela C. ;;E
the Father, ;:ichazl vine, and
Devine, Shall have shared lea cost of
DEVinE, born ?e;:_-?,.^J 1C, loat. 1,? - ?'Y Gretchen
The _ ?tles S".-all follow the
rzccmmEndatiors cf d o
?.^` ?..^.l - pnVS'_Clan wl th reCard t0 36
me,. _ _icn, and than=-3s in 60sa .m1..1S tr3ti On Ot
Oe5 to
,i13diC3t!on the ^;ld
_ncludi shall nave -"_7 access to the ._ All
the C l s medical and Sc?locl records
including i1„'= fu
Ltiiridcal _ c6ucaticn ?la °
n and process.
3 ^a- ?
The chec shall have primary physical custa:y of the Child.
4- The h;othEr shall have ar`_ial physical cstodv of
alternating weekends (to CcrreSpOnd to )IOt
Gust g nEr'S tlm3 off wor?tie fcOm Child
at 3:15 0.m. t'lr'CLh .4U:163y at Friday
7:00 c.m. The Mother shall
every also
cdv have
Thu day everir from 3:15 until 7:00 o.m., which may be
e..ZenOed to an overnigh` p3ri7 as Z=3ngeC bV a^ eemenL OT the
parties.
5. The :aterna_l -unt shall have partial t
on one oh:'sic_l custo& of the ;
weekend par month from Friday at 5:00 Gh'ld
p""' through cunday at 5:00
p-m, The p3riO6s wzzland custody under tzis provisicn shall
SCn9culed by a_reement between the M=ta rndl 4unt be
o the the Father to fall cn one
_ the Father's alternating wza'r:and peric6s of c todv.
o. 5ecinninc in January 2,007
th
custody e Mother shall have p_ ial physical
times set Ot the forth in din ca-
On the first and third weekends OI every month at the
_ -
custodv zragraph „t this Croer, the Mat-3rnal Aunt shall have
of the Child On the second weekend of
the every month, at the times set
forth iI paracraph 5 of this Order, and the Father shall have custody of
Child On Ell weekends not otherwise specified for the M
Maternal Aunt in this provisicn.
EXHIBIT! ....
.rti f11111111M - •?. ? .:
, . All , ._tody this Order sha'_1 place at the
Sh•a_.._ sta__ n/s t._ ?it tno cf (=t-t. F114' and
a. The -ties hall ..-p_.ra__ with any _=_c...._nd=--_•- --=nd by
cCwater Ghzlcre.^.'s Servizes.
The oartz^_s acree that Child shall remain enrolled in her
school __Ztric_ unless .,ther._z_ ac •_e' by all var=ies.
10. The Mother and the Father shall share or alternate aav±ng custocy
of the Child on holidays as arranged by acree.^?ent.
11. The ;ate_rnal .i t Shall have two wee -s of s'.:. er
vacation c,:s=dy with the Child each year upon cvidir notice to the
Father by May 1 of the year in wnich sne deszras two exercise her period cf
vacation Custody with the Child.
12. All parties shall be entitled to have reasonable telechone contact
with the C:i'_d.
13. All carties snail cromctly notify the other narti
ever-_encies involvi. the health, ..a_ezv or welfare of the Child.
14. pest manage the Chiles soec_al medical ccndztons, the Father
shall continue the Child's recula_- ^xint tints with .,_. Brown, Pediatric
C.eurolocist and Cr. Morrow, the Znildy:)evelccment specialist.
17. This Crder is entera3 ?t a'3nt to an agreemem of the parties at a
Custody Condillatlcn Conference. The carties may rcdify the provisions of
this Order by r::tual consent. in -the absence of mutual consent, the terns
of this Order shall control.
BY 'LiE COL^T,
cc: Joanna ze lv, Esgu_re - Counsel for mother
.-redrew C. Shee v, Escuira - Counsel Father
;4e-'-,,v, uCaire - Counsel foryMeternal wont
oOJ'A RECORD
In Te;iimony v:har;.of,11
nd imre unto set my hand
a the seal oJf ;ai 'Court at C rlisl , Pa.
P othonotar?r
Pfi'!ELA G.
FlaintiLf
aICF?AEL J. DEVINE,
Defendant
V.S.
LISA M. LO^1„
Plaintiff
vs.
CE'INE and PFSELA LEVI::Ei,
Defendants
PRIOR JUDGE: Edgar 11. 1layley
CUSAMY CCINCILIA'1'l UN :;11MMA11Y III:IN lei'
IN ACCORDANCE WITH CUMRI{III.ANU (Y 11111'Y I UI X O (A V 11. PROC101)URE
1915.--3, the undersign_3 .cnci I i It t: :.i , i , . I-!I Ic w; n, ret ort.
1. The pertinent subject
of this litigaticn is a_ full xc:
NAME DA'14i OF RIIYI'Il CURRIVI'LY IN 000,1'ODY OF
Gretchen M. Devine Febrlarr 10, 1-.?l 7t.hcr
2. A Conciliation Conference was hell'. --n Auyuct _1, OOC, with the
following individuals in attendance: The F;othar, 11ame.la C. Levine, with
her counsel, Johnna S. Deily, Ezquire, the Father, Michael J. Levine, with
his counsel, Andrew C. Sileely, Esc:ulre, an-: the Fiaternal Aunt, Lisa M.
Long, with her counsel, J. Paul HeIvy, Es%;uire. Although the parties
agreed that an Order was not neces:;aty on the the Father and the
Mother aereed to authorize Dr. Shienvold to i.ncludo their younger daughter,
Jean Devine, in the ongoing custody evaluation, without waiving any
objection which Tay be made with ccnoect to t:he? Fintornal Aunt's standing to
seek custody of Jean.
3. The parties agreed to cntr,> cl` an <:-11!C in thQ fur.I1 as attached.
Date
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AND txw, ,
:rc.r.. ..
and
.. ..._,_..?_.:.:. ..fir; i`
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__ __. _. ?. ...... wi-n :ne
-and
:.. .. '...._.. _ _... ....- .. _...'...f. "?a. t-: .C`"_:.7•?^ SCC?r71S=Cn
shr..a• 'nom _
cl .. _._ i .....- .. .... -__ '1 _______.. b'? aOraE^ant CF
the with
Chili
the Celli Cr. _ .._.!:d' a° CIUCh nCC1Ce a-
t? d_ th°_ nart_=c _.. The
. _th?r _..c!i SIC.. ..-.. ..... ??} .:ltall,-.1 C nc.:.... in --:!ho,-7, -n -s
Cf CCa t^:"
.. •l i! .. ..'.. _. ?,.?'?ln] ?..d t'%.'f GT `_fl@ -0 Cn
nCli. .. ._. I .. .'.? _.?., . .. _:._ .]r__n_. _. rtl•=3 a'C ?o
t_
c r,.cl _?isic? is lc:,??r
,. '?:'•... 1J '_'.l c, _t t:, an =C reemient OT the
1 a,-i=n _:c cec_e. The -rtieS may modify the
..iI1 . c : .. m:..':.-:i -•r.=. n the absence of mutual
'EXHIBIT , ;.;
R' '
WRL9tL81;%^,..:L?Ir1iGdP'.rlY:+1?y;r:,s.r'?'.;lr;..+¢'T3S#T'". .-;r: 'r.
PRIOR :JUDC_E: 1"4'gar !1. '."Y' W
CT,' 71")Y C t4CILIATICN .`,UN°21RY REPOCM'
ND 0=117f RULE OF CIVIL PROCEDURE
IN AIXX)RD?JlCL WITH CUMBFUUJ
the recort: Z?ftinr
.. li. - cn
f thie
s ^;-_ts '
Child's Name Cate of Birth In Custody of
- J r ?
C.-_c tdh.en E_-l"__ .,.aernal Aunt
Jean --:s:. 2c, _::. lather
?ctJDer 21, 17:'Or w_=n
_? "' ?.
-
_. _. _ __..er,
Jµh_ an
«i to her .....^.P.
lti.n his __....sa.r
clin4c
._ace, [.S it°r ;am4ly _3:
_. ?lls,.CC': area -...e?=? are as _..__s.. the Conciliation
Cenier2nce f0_ cn_`..a__'' 'ti CCn?est _ni l0, .%e=nr''«hiM1 1s C',rrently residing
`. taa_ t. iarti° a1sC have .. Se?'e.^. /
with the Father. It shoclc ce RO'1 3 e
•? 3 with her maternal
year old daughter, 3ratcnen, who is _,.:_rent, re=Jcin
aunt. The maternal a7n`_ has filed a separate C=Plaint for custody unoer a
s?Darata dcc'-et number and CactiO? as folk-,,- Lisa M. Long vs. Pamela G.
Devine and Michael J. Gevire, tic. __3-=a7l. That action was initially
assigned to Michael 5angs, Escl:ire for CGnC111atiCn Or' December ?, 1998.
CPon _etermining that that action involves the ea.:e Children who are the
sub-'ec`s of this litigation, the CG^r_iliatcr acreed t have the ratter
`ra,-sferra? from [•ilcnael _an-s Office i__ an eX_edited C'.stody Conciliation
COhf°r2nCe too at _..ocd '/7th ?arants, the :raterral a_..tr and CGCtiel
so at the Cu=7Z:- :-;Y _ invcl'.-ing both Children can be r=esolved
cum--re. Sively. It ._ a..t' ^ated that =.._ -.aterhal ?_.:t's ComPlai,. will
.,= COhsc_idazev 1ntC =.._ _u.L_.._ actitn G1'^c_'.Dlilatlc^•.
Pencinc a secGCd CdhciliadGn C7nferenG2 including the
-,aterr.a'_ cant as a cart. , the Parties araedLC enc--,• Gf an Order in the
form -a attac'nad estab_ishinc custodya_ sze :ants ?o_ the xrties' C:ulor
Jean.
Date Da'.Jni S. SunGev, _9SvUir2
?ustf^•' CGrcillatcr
O
OD
X
W
tea
Paul Helvy, Esquire
318 Pine St.. P.O. Box SSb
Harrisburg. P:'.. I710S-USS6
Andrew Sheely. L squire
127 No. Market St.
\4echanicsburg. PA. 17ii_`•-
3o'nnna Deily. Esqune
36 W. High St.
Carlisle. P.A. 17013
Dear Attorneys:
Enclosed please find the custody evaluation completed by Dr. Shienvold
regarding your clients Lisa Lon,. Michael Devine and Pamela D--6ne.
Please feel free to contact Dr. Shienvold if you have any questions regarding this
report.
Sincerely,
FJFGLEn, SI-L`L"-NVOLD & ASSOCIATES
Sandy i:eefe
EXHIBIT,
Encl. u
a t-
Fax: (71 ) 5.10-1-.16 ° (717, - Y?' 1 -,;= ° _.;1 Linglc-;ton11 Read. Suite .UO Har,isbur_. Penns I-,ania 17110
3
Custody Evaluation
Lisa M. Lone
V.
Pamela G. Devine and
Michael J. Decinc
Referred Bv: Mutual cons:nt of the panics.
Referral Reason: To conduct a cornprchcnsicc custody evaluation and to male
recomnr ndations regarding the most appropriate custodial
arrangements for Gretchen Niaric DOB 3/10/91 and
Jean %laric Devine, DOB S/38'95.
Individual Intmiews: Lisa Long 6; l5/00, 6,"9!00, 7!17/00, 7/35/00,
9/39/00
Michael Dcvine 6/39/00, 7/3.1/00, 9/ 18/00,
Gretchen Devine 7%6/00, 8/71/00, W5100
Jean Dc,,ine 7/6100, 817/W 10/51100
Pamela DeN;ne 6136/00, 8117/00
Iona Bryant S!7;00
Parent-Chi':d Interactions: Each parent was observed interacting with the children
Home Studies: Observations were made at each parent's residence while the
children were present. The horses were examined for any
safety concerns ?iithin the home.
el
r
r
i
5110-1-116 • 171-7 54r)-I?.I: _1 1 Lineie,mo:,°n Poad. Suit. -'UO • Ha'rkourg. °cnns%h'ania 17110
Fax: i%171
LoIlL \'. D) %Ille
Pa^:
Ps\chokluicud .eatlIt \Illll!':u)ta " 1illL'1)h:ialc Pei>olutlit% imewor\ (\1\1111-21
` I.aa Lone
* \Iic1iwe De•rinc (\ir. Devine's test it reed to him
due to his limited reading ability)
-Additional Infor cation: 1. School r colds for Gretchen Devine from Mechanicsburg
School District
?. Records for Iona Bn rrlt from The Stevens Center
:. Records for Pam::la Devine from The Ste%-ns Center
4. Letter from Andrea C. Shecly to Dr. Shienvold
tlescr Ibing the n7YO'vement of Ja;n t)eyitte in the cusi<wly
e. \'aIL'atioII
Tv O letters from Dr. Todd F. Barron. pediatric
net oloeist for Gretchen to Dr. Young.{iretcltelt's fnmi;r_
doctor. reeardin2 his care and observations
6. Medical records from Hole Spirit Hospital on Gretchen
7. Jul 6. 2000 Escape Center report
8. Drug screen report dated 7/29/00 on \iikc Devine
9. Psychological Evaluations on Gretchen completed by
[wren E. Weitzner. Ph.D. on May 26. 2000, and Jessica Hart.
M.A. on 10/17/99
10. Report card narrative for Gretchen updating the 2000-
2001 school year
11. Letter dated \oveatber 3. 2000 from Paul He1%1'. Esq. To
Andrew Shcely. Esq.
12. Order of Court dated February 3'. 1999 sinned by J.
Edsar B. Bayley
1.l nL' %. 1 )O inc
P'lffe' .
li, l_l:?i(X:', ??III1iL':In OII :111'.1 t)i JAI C(il::f ?aa'w a:-',' :1 1(1(IL)
1 ?. t_I rClel' llf Olat dated
1 5. Notebook of materials supplied bi Lisa Long
documenting a rich of interactions and ineidents between
the carious parties in this case
16. Verbal feedback from Ivan Look of Ed_ewatcr regarding
interactions kith Michael and Gretchen and Lisa
l?. Phone unerxiew whir :\nn All-man. foi ner lice-in
paramour of Michael's
The recommendations that follow are the result Of"' "'fur review of all cf these
sources of information. They are offered in accordance with a reasonable dceree of
p;vchological certainty.
Recommendations:
it is strongly recommended that Lisa Lonc become the priman' physical and sole
legal custodian of Gretchen and Jean Deyin.. Lisa is the only' one Of the adult care-givers
of these children to show a constant level of stabilin•. responsibility' and maturity in her
life. Both Mike Devine and Pamela Devine have had multiple mental health and drug
related problems. Additionally, hike continues to experience physical problems that
have made him unable to work.
As is well documented. Gretchen is a special needs child. She has been diagnosed
as being in the \/loderate range of mental retardation and has been in a life skills
classroom. Gretchen suffers with a Seizure Disorder and has also been ditianosed with
Attention Deficit Hyperactive Disorder. She has a considerable amount of special ar eds.
including close attention being paid to her medication routines.
Gretchen desperately needs consistent routine. structure and attentive nurturance
in order for her to improve in her ability to learn and practice basic life skills and
activities of daily living. Neither Pam nor Mike can provide the type of consistent
environment that Gretchen needs. Over the past year since Mike has been primarily
responsible for Gretchen's care, Gretchen hills deteriorated in her overall adjustment bosh
I'•?t!e -i
111 and out of school. \l:ke Il1.i found !t I1 eeF>:!r\' to ?eeh 8:i15lilll?e nolll I loh \pll'lt
I lospltal in ord L:r t0 L'Olltl'l)1 G(L'l ll'll bt}I86i01' l le h&; 8tt':II n"I lU 7H?'ca" iL
amount of medication in ortlcr to steal \\itlh }let allca_d sleep difticulties :uia (iretchen has
?i10\\']7 11101"cased sel'J ir- aL•tl\'li\' illlee slll' 11:1_+ b:eil I11 \llke ti Glfe. LIrel Cl1e11•? lleia\'IUI'
in school has worsened and she sh(m inappropriate bchaciors at home that did not e\ist
to as Lr-at an extent %\ hen File \\ as \\'ilh her aunt.
To his credit Mike has souuht outside assistance with the care of Grelcheil. I le
has had behavioral specialists and TSS a= ist;mce \\ithin the home. 1 iC has :also taken
parenting classes. I-low ver, the application of the t:chniques he is to b: learning and
usiriL is not occur, ing in any type of coaasicat fashion. Additionally, it has b:xa
reported that Mike has continued to use rnarijualla. cocaine and alcohol since lie has been
prinim}• custodian. Furthermore. \like admitted that he is taking si_nificant quantities of
pain killer, such as Vicodin. to such a degree as to cause on going problems \\ith his
own enere\• levels.
Durine the tittle that the children ha\e been in Mikes care, lie has had the woman
with whom he was livins lea\'e him. Of ureat concern is the fact that she left and x\ cut to
a women's shelter for abuse. Ann Alletrlan has accused Mike of physical. mental and
sexual abase during the course of her relationship with him. These allcP-wioas are
consistent \vith similar allegations made against Mike by lie ex-wife. Pam. Ms. Alleman
also noted that \'tike was consistently using mariiuana during the time she lived with hint
and occasionally used cocaine. She noted that lie also used alcohol. Although MS.
.Alleman denied that \dike physically abused the children. she relicuzed that ho would
consistently neglect their care by providing inadequate super ision and that lie would
mentally abuse theni. She reported that i\,like would frequently sleep for most of the day
and that it was her responsibility to watch the children.
\4ike's presentation during this evaluation was inconsistent. On one occasion he
would be cooperative. well groomed and interact appropriately. On another occasion
\iike appeared with a one to two day growth of heard. clothing that was dirty mid
disheveled, and smelling badiv. His mood on that occasion was irritable and suspicious.
Z-le did not appear for one appointment. Mike noted a reading disability and it is believed
that \-like's intellectual level is somewhat limited. He denied the use of any drugs other
than pain killer, but admitted extensive use of these. His drug screen was negative for
anv substances. which is somewhat suspicious given the admission he made about the
drugs he was using. \4ike admits that h;: is it "recoverinL drug addict" and has been in
rehabilitation in the past.
Lone c. Dccwc
MIke S Vii P1-? reds l is aIr l,)li>i st Clit 111111 il'.'e oh.er%ai I OrlS inane din ilie, th,_
interviews. I lis protilc is valid and r5 coil J iH "{Ili ai1 indiivkiiilii .dk) *holli LcrY link
iI!siaht into his o%?n problems. 'I line indi\iduaIs tend to fo us on their o%\ ii needs and
are often pe ceived as either hypochondriacs. nutlin, cress. or possessing ps\ cho-sonialic
illnesses. Additionally. Mike san'ed yelp high on the Mi Andre«'s Scala. ?\fiich is a
measure of addiction proneness. This is not surprisim, given his dnte and alcohol history.
Mike's incolyem nt lt'ith his children is of recent adc Brit. Mike and Pam were
manied when Gretchen and .Jean lycre born. Milo indicated that he began drinking
heavih after Gret:•hcn•s birth because he could not cope with his sick child. He and Pont
were living in Florida at the time. %14,c's uas iK4 puma), in tli a;e )fGreclien. In
fact, he continued to drink heavily and then became a hemy user of cocaine. L•Itimatch•.
after .leash's birth. Pam ]ctt \iihe and initialk lived in a women's shelter..?s mentioned
abol:, site, too, accused Mike of physical. sexual and mental abuse. Shortly after their
separation Hike went to Rosburz' for drug, rehabilitation. When released. he ii i'eLl in a
half-way house for the next 9 months. Durim, that %car, \like could only rcmember
seeing the children on ? or I occasions.
Mike then wvent to live kith his parents in Camp Hill for the nest 4 dears. He
reported that during that time he would only sew the cbildreli "when my parents wcakl let
me." He believes that lie saw them approxiiiiateh one time per month. He admitted that
at that time lie ahvays had an adult around to "help Inc." It hvas in 1993 that Gretchen
went to live hvith Lisa because Pam was p,ysically abusing her and unable to control her. 1
Jean remahied with Pam.
According to bike, he attempted to get Gretchen help for her problems from then i
on. but Lisa would not let him. He stated that Lisa would not allow him to aet the
"
"
such as the sleep medications and anti-anxiety
medications that Gretchen
needed,
agents. However, Mike became coneera l ;,;at Jaaa hail been sexually abused -o he 4C 1
reported Pain to the Children and Youth Agency, again. ivtike also took pride in stating ?
that lie got Pam in trouble with the welfare authorities and the low income housing
authorities. Mike was given custody of Jean at that point. in spite of the fact that he had
spent no more than one weekend a month with either child since Jean's birth. Mike then
alleEed that Lisa told him she no longer wanted Gretchen so he took custody of her in
Januarv of 1999. i
Lonu \ De`.IIIC
p•1L'l f.
?. Lltia I'
ai b.csI distorted it nd :.t 1\'o r s I II_tI ii it it
t i <;r,q\' PJ-t .II
had tAell cntii lldl' ll} tll-ct:11Cn ill 19'111 the uat'iT>ieiii7 r' iiiiiiizWa he1A'eell lr
pall I and Gretchen. Pans \cas a\\aIc t!Iat s!le could not I laI I die (iIct:hen and asked Lisa to
take hel care. l.lia 111:1111CI11ell :Lihtd`. until mike -,%a, cl\,n :u.?tod\' In Januarv. This
\v,-is not a function of Lisa no !ongcr \\:ultirg cuitot{y. Rather. `,like was showing
increaicd lltilslence at ha\lilg Gretchen 11-i:h }vial and he !Wd a d_s7rc to he
the custodian. Lisa \\'as advised that as a non-biolo_ical parent she had little le-al
standing. She decided to neeotiate for as Much time \vith dlc children as possible, rather
than put them through a eoun battle. She now rcercts that decision because she feels that ?r
their well being has not been maintained 6v their father.
Lisa presented as a bright. highly articulate \voman. She is employed by Blistol-
\iyers as a sales person in their oncology division. Slic reports that her work hours are
very flexible and adaptable. She generally works fly-. days per week and makes her own
schedule. She h s to travel out of the a;za one tame ca h cis u.er. Lisa tu9ed t}iai s7c had
the same job whcn she cared for Gretchen in the past.
Lisa is single and }ices in her o\vn home in Lewisbem-. She lives on a farm and
raises horses. The home is well maintaincd aitd :ya.7 . pxiat #or cili}, ca the apes of Jean
and Gretchen. The children were obsen ed in this setting and clearly enjoy it. The
children are allowed to ride the horses and tire} arc carefully supen'ised by their aunt.
Both children refer to Lisa as Aunt Lisa and they easily display affection with her. In
their interviews. Jean and Gretchen spoke of Lisa in affec:in«.ate terns aad s1o,4ed a
distinct preference to her home and environment over that of their father's.
Lisa repotted that she is a very organized person. I-Ier home and her st}rle
reinforced that fact. Lisa referred to her at7poiritatentl Insistently wheal asked
questions about what she did with the children. or what appointments she had. She also
puts an emphasis on routine and structure when she is with the children. Howrever. she
demonstrated a good understandinz of both of their needs, exceptional patience with
Gretchen and knowledge that Jeannie is in need of attention in this situation.
Lisa's primary weakness when it comes to her parenting is some denial about the
extent to which Gretchen's cognitive problems affect her ability to leant and perform
tasks. N\11ere Mike demonstrates too willing an attitude to use medications as a means of
"controlling" Gretchen and too little expectation-for her be'ravior, Lisa errs in the
opposite direction. However. it is believed that Lisa is willing to put in the extra work
and effort necessary to help Gretchen obtain higher goals.
IAiP1 C. I)C1lne
Pz
it should he noted that Lisa's M\1111-2 profile is totally v:idiin the nonnal ranue.
She has taken a soniewllat dCiensive. approach to auswz'rln°_ questions. This is clot
uncommon in th;s tune of evaluation. I1owc,ver. these individuals acncralh show good
Coping ineChan:sms and are efr eCa l'e in their day-today responsibilities. '
%Vhil: it is fairly obvious that Gretchen can benefit from the more stable,
structured environment offered at her aunt's home, it is imju ortant that J„arlnie not be
overlooked in this process. While there is little evidence that Mike is physically abusing
Jeannie on the other hand. there is evidence that Mike has used corporal punishment
with Gretchen to the extent of leaving bruises on her), it is clear from this evaluation that
Mike is not demonstrating the ability to parent either or these children. Tile fa<;tors drat
have already been mentioned would preclude hint from hmins the primary responsibility
in the care of any child. It should be noted that Mike has bad difficulty getting the
children to school on time. dressing them appropriately for the conditions, and picking
them up from school. He has also left the children in the care of others for exiehded
periods of time. 1c-ith his whereabouts being unknown.
Jeannie is in need of as much adult care and super.ision as anv other child her aue.
She does not have the special needs o£ Gxtchen, but she has had to be placed in learning
support because she is already lagging behind her classmates. Furtherrnore, Mike has
tended to place considerable amounts of responsibility on Jeannie for helping with
Gretchen. This may be contributing to some of the sibling problems that they have been
having this year. In general. these two sisters are strongly attached and should not, again.
be separated from one another. Jemnrme is a cute, resourceful and verbal young girl who
also needs the stabilitv of her aunt's home.
Pam Devine wants her sister to gain custody of both of her children. She does not
trust Mike and believes that the girls have deteriorated under his care. She fears his
abusive nature and believes that he is using alcohol and drugs. Pain realizes that due to
her on-coin, mental health problems that she is unable to be the primary care provider for
the children. She is content to have access to them on a re,-ular schedule. Pam is
curiently in a relationship with Iona Bryant. Iona also has a sigrlificant psychiatric
history. She is on disability for her mental and physical reasons.
Given these factors, it is recomrnended that \4ihe visit with his children the first
Saturday and third Sunday of every month from 12:00 P.M. to 6:00 P.M. He should be
reminded that he is not to use drugs or alcohol at all on the mornings prior to getting the
children, or while he has them in iris custody. Nlike should also be allowed time with the
Long. Dctine
Pa gc- S
children at major holidays. The children should be allolved to Visit pith Pam on the first
Sunday of the month from 12:00 P-M. until 6:00 PA I. and on the third Saturday of the
month from 6:00 P.M. until Sunday at 13:00 P.M. Pam should also be allowed to spend
time with the children on each major holiday.
It is recognized that recommcndims sole le gal custody is hiLilk unusual.
However. this is a highly unusual case. Gretchen is in need of many educational and
medical interventions. There needs to be stabiiity, consistency and planning involved in
her care. It is not believed that Mike. or Plun can provide that tcpe of consistency.
Furthermore, neither can be relied upon to deal with decision making in a collaborative,
mature, rational or timely manner. In fact, Nlike has noted that he does not want to have
to make decisions with Lisa. i 'le ?: anted sole legal custody" or shared legal with Pam.
who lie thought he could control and intimidate. Pam and b9il:e should be kept informed
of all decisions that are made regarding their daughters.
Pam and Mike Devine both appear to lo-,,e their children. iiowever, neither of
them is capable of Consistently providing°_ for their be St IIlteresIS. Lisa Long has shown
the desire and ability to provide for her nieces' best interests. She should be awarded
custody of both of them. -^,
;.fir
Dated lrrtold "f. Sitienvold, Ph.D.
w
m_
x
x
w
s . .-
PAMFLA G. Di'%'INF.
\IICI IA!-"I, J. DEVINE.
Defendant
LISA \I. LONG.
PI: inti t t
?'11CITAl- DEVIYL and
PANIFLA DEVINE
Defendants
IN I PF C(VIv'1' OI: ('()%!\lt")N i'L1-:.-AS (-?f
C"k Alili Rl.:\ND C (")I.N 1 11
N NNSYi VAN1.1
No. 9S-:-91 Cis it Tel-111
[con>o'.ida'.zd vc No. 94-4413 Civil Temi ]
CIVIL ACTION- LAW
I\ CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
OF PRIOR ORDER OF COURT
THE PARTIES
1. The Peraioner. Lisa M. Long. is an adult individual who cunrently resides at
761 Old Quaker Road. I-exvisbern , PA 17339.
3. The Respondent. Michael Devine. is an adult individual chose last ntonn
address is 603 slain Street. Mechanicsburg. PA 17,055.
3. The Petitioner is the matemal aunt. and the Respondent is the father, of the
taco children cho are the subject of the above-captioned actions. specifically, Gretchen
Devine, born on Februan 10. 1991. and Jean Devine. bom on August 24, 1994.
PROCEDLRAL HISTORY
4. Action No. 9=-1413 ,,vas initiated cchcn Pamela Devine, mother of the
atC?`C I:1e11L V?:i: it e','.Ildrea.:,.ed ?1 .l: il?4:j Ci?lni la::a re_:C'd II: t?l':a cll!h::'eil °_alail their
father. Micila.l J. 1):.:.._.
A:uon Na. 98.57uI %, as til plated "Zen Laa N1. 1aT j 1 the 011111"
maternal aunt) filed :'. custody con"plaillt :Igainst Moth'.:' and l ha:ner ?L kin° cus:od': of
Gretchen Deg ir.e as :t result of the fact Va. Gretchen had 'reek li% in= "'ith Ms. Lone since
March of 1995.
6. The to 0 aforementioned actions ncere consolitla red on Noy emb'cr'_Y. 199S,
as per paragraph 5 of rile Honorable Edgar 13. La lei's order of No, ember 2 1995.
%NWzh sates, "The C us:od; Complaint Wed In this matter under Docket No. 98-59; 1 is
hereby consolidated into the related custody n-tancr prcviously filed at Docket No. 95-
441W (A true and correct copy of the Noy cmher 24. 1995. order is attached hereto and
marked as Exhibit A.)
%. Or. April 25. 2000! this Coun entered an order, which:
(a) stated that the prior order of this court dated January 31, 1999,1 shall
continue in effect as modified by the April 25, 2000, order; and
(b) directed the parries to obtain a comprehcnsive mental health
evaluation for Gretchen in conjunction with a custody evaluation to
Alt]nough this Courts order of April 25, 2000. references an order of January 31, 1999,
the actual date of the order is Fe'bruary 3, 1999. The confusion was caused by the fact that the
pat'ties' agreement, nhich vus incorporated into the order, was dated January 31, 1999.
1)
I,e pe::rrmetl b% Dr. SfJ'elIN oid.
ne st:'.ted hll: t'?`Se VI 1.'1L e',ahC:'1J:: %'•::s to vbu::1 :l^ Ill ilep'=n?leat 1 :VfU
recc)nuIIcndatlon : _:lRlln_° the Child s 1'secholo^IrCat:nCni a? 1`. Cll aS
reCOnlnl elldall0ns COnCcmin" cu tod, ari allaen C:1I5 \\"h::h l\onld bcs: Scr% tile Illttr'csis
of the child. (True and correct copies of this Court's orders ofAprii _5.2000. Jar.l:ary
3 ] 999. are at?ached hereto and marked as Exhibits B and C resnecticei%'.l
COUNT ONE
REMI ST FOR MODIFICATIO\ OF THIS COURT'S 25.2000. ORDER
S. "The a erments ofnarn rtohs 1 through i are hereby incorporated as if set
forth in full.
9. The Court's order of April 2000. deals only with Gretchen Devine and
does not in any way address the best interests and N?'elfare of Jean Devine.
10. Although the Petitioner. Lisa M. Long. initiated a custody complaint only as
to Gretchen. ziven the fact that Action 9S-j9 ; 1 has been consolidated with Action 9:
4413, this Court has jurisdiction over both Gretchen Devine and Jean Devine.
11. Petitioner. Lisa M. Long. has had sigtlificant contact vvith both children. not
just Gretchen and. in fact. since Ma % 1999 has seen Jean ?'irttlally each and every time
which she has seen Gretchen.
12. Petitioner. Lisa M. Long. believes and therefore avers that it is in the best
ii ;I? i> ll•mt`ra^h Court will
.f the l.;?:;1 "no vv ill &i?rnni:';e Iud...ll Ca`:it'1' .
crc?i> .
1, Il; tt mill t' (.i r'e1ciYJ it
"U::?;?1':1
"illCild IG Ofi:e• -'
DCC(I1C. bllt ako Jeai: I),%i l'C, ti` I W Ril'n\u'.d !'or e\ ulu:lt;i?il and iU :CGII': the IT:rill'? LO
o'etaill all C\" liu", on \\lllc it ll`:1ta:rS re'20 :nwnd kW LonceI'nl?i C1: `tll?\ illl'::11 °_l•ill l'illi
nti the imer: 1s c both .Ican 1, inu and Gretchen De\ ine, rather
which would best ;e
than Gretc:hon as to order curr mttt• reads.
l:.
Dr. Slli-l old's ofticc has aLe"d} iu:d contact \cith Joan Dc\ ine and has
indicated ;hat it will not ": nccessa:l' for 111CIn t0 put forth any 1°_niticant exir" CiiOrt l
ardln_ Je"n
order to prep::rC it Cl:,,dy ev luKun l\'ilich includes recotll(l- ldutions rc_
tc'nen Devine.
De: ine in addition to Gre
COLN TWO
CONTEMPT
14. -De a\ erments of Paraerilphs 1 through 13 are ilercb}' incorporated as if set
forth in full.
l;. :1s per this Court 's order of Januan' 31, 1999, the Petitioner, Lisa IA. Long,
Petitioner
is to h"\ e m'o \ceeks of uninterrupted sumller `'"cation kith Gretchen Devine.
is to provide notice to Father b? N'la) 1' of the )'ear in NvIlich she desires to exercise her
vacation.
16. ya correspondence dated April ?%, ?000 (attached hereto as Exhibit D),
4
cOnn,s,,! lUr the IZcspolldent. Mi In%,ntloll t0
.r, L, 23" t:lr u,'l11t;1%
escrci..: Ircr taco-week ;?: rti:d ?u,t, _ . ..._ _
1 7 . Ile RCSpC?I1Cl'Clll 1'aaeCl ?O O;7j ?t:oll to 1:1csc dates.
Is. When the PCtlnoi'cr, arrlc'ed al P_CSpUi:il'Cnt s r,Si&moe at ::00 p.m. Oil .ltlllc
SO commence her nco-•'Ncck N'i;!taLlOn 1?-Itl1 t]r CICh CIl. L11C RC SPOnC1Ci]i IarU_C all
illegible pie;;- of Pap rat filer and su,ted that talless she signed the document she could
not take Gretchen of acatiou. ms. Long r.fus,d *.o Si-un the document. %citich appar ntl}
had something to do 1%ith the adm1111 strati0n OL II1Cdicat10n to Gretchen. and as a result.
Respondent refused i0 allo.c \1s. Long to col unence he; ., acation %N Gretchen.
19. The Res?ondenl ref sed to allo%% the Petitioner to have Gretchen until tae
nest day at 1:00 p.m.
20. At this time. the Respondent also advised the Petitioner that- he had enrolled
Gretchen in summer school which %cas to commence during the Petitioner's tn'o-v: eek
vacation and that it NN-as Petitioner's responsibility to ensure that Gretchen attended this
summer school.
21, This Court's order of February =, 1999, specifically states that:
In order to maintain consistency in the child's educational
progress, Father will enroll Gretchen M. Devine in either the
Cumberland Valle}' School District or'West Shore School
District where she will remain enrolled until further order of
this Court.
5
;ldeili ,'Il '1. , ( il'aCllen la L'.le
_' la da'ca cii .. .
?Iecn:Itu C>:'L': r
' `l'.:ol]el' prior io taking tills
?. lac>p d11 ?1CnI chd not C L:u>? 11'.1; ?l';cL{If?;7 tAlth { .
action.
?y', 1.i 8 1'i;tiUh O1 Res?Ollden[ CU:aelii:?l, elf:':cl]Cn. tt'llo Is a spec Gal education
i1:Tee diff-7aal school disvicts in the space of one year.
student, has been elirUl?ed in
25, the Pc'spondl'IY nas also 2:n2a_l'd in a pall'ern of behavior designed to
fnustfaL,, the Pnittoncr*s cuslOCli:C rizhts alcl!:Clll hilt not liilllted to. (a) denying the
1S-' Nl
Petltimar vKhs on Yebrual IA l'ebru . , al :It Y' and >Iarch 177 of 2000: and
(b) threatening to relocat'to other states on numerous occasions so that Mother and
Petitioner,ould not have access to the Children.
36. TIrC ?etitiener believes and therefore avers that these steps tcere tzkcn by
the P espondent for the sot: purpose of harassing her and thtvarting her efforts to exercise
her periods of partial custody under the Court order, pannicularly given the fact that they
had both been previously advised that the summer school schedule could be very flexible
and could be scheduled at the com enience of the patsies.
WHEi3EFORE. the Petitioner respectful)}' requests this Honorable Court to enter
an order:
(1) Requiring the parties to submit jean Devine as well as Gretchen
6
1 ): .... !" 1 ):'- : 'I' i'. _ ....,. Dr. ``1:1',;1'. .Itl
.:',.1
i_I ll.; k; ?jio:ai::1; in !'i Ia:? ( ollri s rI',1cr> ?'1 ,1'lllllaC':
`1. 10LU. and QY41 25. 2-"0. dkowin; Vn: u) rJl:al aotll a w
. ia'ilier 1 io!atli?ns of Ohs l o!;rt S .4'il'.'r: L;:i:'Sllllrln? }linl to pay t}7C
ill the a:]'.iLII:[ PI 1 V;U ;Or the preDaratl0n
;Ind t r.>ent.l!i:vl of this r ctitioll.
t j'aul Plel??'. Esquire
kOllian SC Gephart. LLP
/'18 Pil;. S:..a
P. O. Box SS6
I-lmAsbura. PA 17108
(717) 232-1 S5 I
Attomoy I. D. ;:53 14S
Dated: Au2uK ?. '_000
Attorneys for Lisa M. Long
EXHIBIT a
_.. -- " -
CIE --'S snall -ns
an" E
zn4"z1z -71
On Bt
znn
=:Cv pp.n. c_
rris_=n.
xr=ion _.._ _me =ric5 J w^ ^__`: _.._ .. ..e_ __..
Th= wt:-s =:ni_
__ca =_ s--=-v--- _s r.c i= "• ==
5:0- Th
-cn
a
=h__s=.... ___..
?I
n
:e
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_?.........a.?s^if-:`fFR•S.L'Y(Y'tMTRxnqu+.?f?r-'6MYdiL:?i.?i..- ?i?••
1
J
X- 4
PRIOR JCP.Y'Ei I?i RFLATED Ct,SE: ar P. P.Ryl^Y
CUSIOCY NNCILIATION SL'.•L' AIRY RF-'a"
Ili ACOW-0AN'CE WIT[I CUMSER-r-?1ND COUFlI'Y RUE OF CIVIL PR'OCC39URE
Child's Nam Date of Girth In Custody of
^ f Cllc.:i..i.. The 'la_1.L__f,M 'aL._.3l aCnt,
E7 7 c.'., o
L -n'.>•G,? _3. _..e, ^__.. ..c_ _=_..a=l,',i o... 1...:. '---?i ,? cSS_'i e, a.'1C ^Li:e
=nte-rn ano =n..C_a ... .laca, cSC-2 r2.
___ a]?1L Sc=:2:17 r_2rlary oh,; ,i al
ccstofY cf one'..'_ t:^.e }`enfa: _s,Atwo Chi13r-r., Gr°__^_n C_.*ina, born
131-1. sh-u'_5 ncte5 that a sesrat cus`cda action as
e5= __...e1 rents (De`er:5a. - it -.._e -as-1 an ___'_n which this
cat=48, lc?? -on-rhino custe5y of
a 7=
_r.il5rer. .` =, b:rr.
cT_"n 23,
=an
a=
=lion =5.. =..9 =ar_n, _.._.:?la G. Devine,
e 11 a in tf .S. .._cha al t^Nc• 95-13- A --stc7y rJL-C°_r in
_.3_ -a.= ..a0 __aCent_ a'._= tV Jli7C= _ "1=` 01 77-.z _l=___nc a1 of z: c_ a` -sL =J TOn_1___t'_ ? Conference
c', y1C-c =S Z:: C+'-___ _ ___=n; =?-"=3 r:;-- Jean L'aVln2 Only.
_aCaliSe cc. h CL n-2 C____ _.r Cn_l..__R 0
the _a.-= °'°.i 17_ 3.... a C".St; y ante'-c7 in tha^1,97 Ca5_ involving
=-3 =etiLicru the
i9a1 :.''°`,-=::_ ::hoes 'a'-so tn.._=su c= _ Lh-- l
Ccncilia--- `=-=e.1,a -..aL _ L1°`= matterz ce the 19c5
c=c`icr., 2our s91 fc, b-tn tae ..r_h9r ar ?ether agree th
..,.. °-12dat_0R. 30+i9ver, _: sncc_5 G3 n--t9C :- at _1sa Lcr, Flcint2Tf in
i
FR
EXHIBIT B
?PVit'ty,lr? Lf C1?flf M?{ 'r."^t at ?.'
(
n
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t
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' Jsl i<4r ray, Il1?;revs
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f
+ 11,
Iaf
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l
1 ? 1 r klt?t
V' ;
1 ? T
??'l 1 a r ;i.: +ry 1 1?I w l t +CA
" 1. r1f
-
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1 Y/
t l I .
1
f ?.? .177 lN.?.
?
? ?
. 1 1
ORD%R OF CXJirI'
AND NCW, cn_ ev c° _41t", , , ca=n
and Cl. =5 :._ll^...E.
i. _.._ _____ ..'_ this CC ___
CCrlt_..__ in, _C ?_ ...CC.Lled _ _.._s
all
all = _c1R _ _ .._..__,_ .,_ 1-1 s __n e,:=-! '__
?v? _• '?^ r../ _3 _?- _ rm_? tail/
:.rh=l^ _ ±a...Ol=/ _.r r.ls as Ola=_. V_R_ _ S shall sue _t
C11O a..H _ any O_her ^
_.__.__.:=l< _ ...=reC_Ss=rv the
_ =_lua:=_ ___ _? C_ _- __... ecfT h= rival•_-aaion shall
t= cccaiR concerning c:Re
hi d's
.syc.cl _Cal _-ea_..-.._ as
- = --=oczceRd_Lion_ concerning
c c ar_= e :ent_ w id es _.._ =nterests of _ne Child.
The nar_les-s;lall ei:n any^a _..__ _a=xcr.= c?_:r_o ^°____arY by zhe evaluator
LO a4-iti::nal ...=__cal/ _ __n=ICC: =alr Sch=Cl, cr ct:n__ Baalzis.-Bl
ln?Or -.c=1=71 c_ _ _ss .._ _._e Chit d. Tne costs CL the
evaluaticr. which a_e ..__ cn-enad by in=crane Shall to s..ar equally by
the rti
Z'i.e Fit- her ccn____ _ _ _r.ilO_ea' 9ervic arm r=cuest
:.het =c_.__a far =..o -:."Ij .r'r-_V :r_r__v_ S'.cll _ orate with
7. cf th? -_
a. .11 ca.e ,=:__a_ s1=a1 - =L^_..= C-.icn al=_rnating
?. _nds (J - =-- _-. cc .. =..?r's =_...e - _m =ri.`.ay ec _=C0 p.
Z; r a_.v_ s._...;Ol __.. av a0 7 ?.. - rn TCIe .ITsl l also hava
sc.._cl until 7: oil .m., which may
ci:_?n_c.. c= aR as cf "he carties.
Vine aaLernal l_ c-':5:::-=y Z? =-2 on one
wee.-:end =__ acnth =res, _= 1.-J S'=day at '.^_0 c.n. Th?
--==1, .._.._--_=tic.. '?_..'_--_ •- _. ? __.??_ r?___
4 1
PEtICit 7U1)(-4' ,,:j: E;. Payl.cy
CUS'ICYJY CCt]CIL71'CICx1
LN ACCORDANG". 4ZT.1 C- M!',laLAND r_CtR7PY •• RULE_ C `CIVIL- -Pi20CP:DU°.E
DATE O r CUR? :iZY IN C(:STCUY U?
NAME
-zn
2J?1?.,1R_ _..:L:??-.___ ___ ..>>.... _•__ ^r G.=??l_cl-h-.? •'[,,..crl C-..: Gl?_C•
- . J
itc -------
I.iEVi R?1 a_?•'1
as -np__'? .-. °..531:•1 [': ___•
2n ., c_L2CIIc?.
C-f
EXHIBIT C
C( )I
.:1_ ..
N!
Order
\ll \011'. -...?_? cn? c:. _.:... - ._:?. [ _ .?_r__ ine er.r_::: is
i
i.
NEW
Plai;:'iii
All.
PAMELA G. DEVINE
MICH:kEL j. DE\' ?E
Dc:c: a:! Ci:STI.-,D}.
('i.'CTQ"?}• C"!pl L.?l_I?l\ ?,? i ian!_n
AND NO?V,
co'.:ns a 'e r-, ac..-d <:n _..._... _s. '_c t G. a.c L Sa "'. i c'_
Deg inc, Pan,-!a G. DC%;ne ("'.Iet cr''l, a-d'.?i ae! J. Devine ( =a: e."i.:a: na ,ra! psrc: s of
G,_.ch:i-i V. Dcci.._.
?. ?^Or?O °men:S ani orae:' stns IS .n:_....c% to suoerscce all moor
a^ aments and o:uc:s to the t!x,=t :;._.:h LniS and 0---'2,.
S1,11 s-a--2 1°_a! cuss odd O
i Gre:cnz...
All Oft ,-2m shall e E111 access :. All o.`, ;e n
C:..._.....,:alcros l\;...:Il na. _
cu_:o= of
i
I
1
sCa!I h,-%c pa::'.al cu;,c O!1 a!Ie7 aarr_ Jt... : ! s::all L.. ' p-n'a: cusxCy tc: a
........ _ .._ ... iCOO "',:L=.:::"::'.L'::: cfl- -... ._ _:i!J _........._ .. _. ,._....., _...
c.am :or prin.. _ cusu on: ot:: i
>. 1 ?en ing fu for wNuar
.._ Cart : ;= hop.':ys:e l
%wn 'yr...._m.._.._rcl:L.=tr_ ..:oa
G. _r of NO'. _n I'D `lot ._.
t a:. _ ns in. ll_. d.
grewment. Mo*.= and y_:her shalt hay-
custod. pan al cumody or . si:atio^ _ ,,., Gr adwr, on h0 days as thel agree on fray.:.....,
to dmo Aunt s."..111 have too (2) '..,_:ks 1......._:.rvptc? sitrnrrj°r vacation %%iih Grctzzhon. Aunt %4ill
provide notice :o :..:tier by May I of you in hick She dwics to exer.::sc ....r vacatici, wLfh
the child.
6. T Yne Coro! ac Motor. FaIer. and _.. l ht to rcasonable
to ephone con:ac:'viih Gre chen'while the child A in cu_.od;: of the ot.._..
'ni.erunc AH parties shall pro:: tly nollfy the mh anks of any e nle _ency
involvi..^ the health. safe.; or we.tare of the ....._
S. The custody conciliation conference set for April 9, 1999, shall be canceled.
9. The parties mtcnc to be I__'ally boL't ci by the terns of this a_rccmc nt and dcs:re that
.: be made an Or__r of the C un, The panics :. ' f:icdl: the ormisions of this Ac9'_eme nt by 1
r
the aor emcm of all o: the r:..i'_s, bun in the abs n ,._ such ...._.... It:'_ terms of this +C
Agrornent and Qd cr shall control.
1
i'I To mairnain Gonks:er.cy in the chips i'.'.:eahonal progress. Fanner will enroll
Cretehen 11. Doinc in cK_.., ...c C::.._.,_ laze) \'al ley School DNA= or 'Yes Shore School
Distnct where she will remain crcolled until nir:acr Ordcr of this Court.
f
i
i
a:,.._.. .. _.
?? \Iicn?ei J. Dc%17.'
L/ '....
C'F:RI'IPI(':? fE OF ?l:R?"I('1(.
I d0 that I wmad a :rile ::nd a, ?:Ic:t aop1 - o t11e 1ciIP.ln P,lltion for co Ill e l hill
and NI odi I cl::hm of PI'I,r (Adar J (Dill; llpon the fol!,)%1 in^ 11 ' del oii::11_ a CUhV' Ot ia111C
111 the Lined States niAl. pova'_e 1iIapaid. uldronscd t...:c invs:
Andrv%N C. Sheer'. L?quire
127 Suutil Main So:-,:t
P. 0. Box 0;
Machanicsburg. PA 1705.
Iohnna!. Dail•,. 1: ,auirc
Suiclis Gui(lo Shuf'f'& Masland
26 VO ITS Out
P. U. Box 560
Carlisle. PA 17013-0561)
Paggy Hiie S; Ccretar?
Killian & Gellhart. LLP
I S Pine Street
P. O. Box SS6
Harrisburg. PA 17105-OLRS6
(717) 332-1S=1
Dated: August 2. 2000
Via FAX (717) 697-70655
and Regular Hail
Andrew C. Shc::l'. Esc.u:re
127 South Main Stre:
P. O. Box 95
Nleci,,anicsiburg. PA 1_055
RE: Lisa.l(. Lun; r. 3li ilQei Derine and Pamela Deritre
Civil Action No. 95-5971 Jand 94-44131; In Custody (Cumberland Co.)
D c a r Andrew:
Several issues have arisen regardi ng your client. AIichaCl D The most
important issues are as follo•,vS.
Mr. Devine has threatened to kill Pain Deg ine. L'cr roonin=ate Iona, and Lisa Lone.
This death threat took place last ccek du:in_ a ConvCSation \}r. Devine had with Iona
wherein lie first threatened to shoo; Iona and then threatened to shoot Iona. Pam. and
Lisa. After makin_ this threat. he conh:med that he did indeed have a shotgun. Prior to
initiating a protection from abuse at on. 1 w:uited to ei%e %ou an opportunity to provide
me whit } our client's response. The or! response v hich would keep us from seeking a
PFA would include statements to the cflt.c: that these co;nrnents were made in jest, that in
fact lie has no haention of r: king ::m. cioicnt action e,,::iust Pain, Iona and Lisa. and that
he Qu:uantecs that no comments of 't. nau:rC will be made in the future.
The second issue deals with the fact that on Octoher 6.:000. Dr Shienvold's
office provided notification to all of the attorne.,"s involved in this case that Michael
Devine still owes S705. It is now a'.most a ;:xuuh later. and }'our client has not paid this
bill. Please be advised that. unless this bi'.I is paid %%itilin Id davs. a petition for contempt
EXHIBIT .;;
a
9 ? y
i r
Andr.%c C. Sher'.;:, F.> lair
;vovcmbcr 3. 20"0
Pater'
l ,:,i u,A from
will br tiled tcit'.t Ltt Ct?:::•;. t ii•. on ..,. ,:1:, tha p or r:i:ct ;...
Dr. Shi: r,? old's . 0, . but cia :hi< c, rr r: -.?t;-.'.rr.cr. I trr> in OfilaQ
addition to a contcmnt ad=
I loot: l wAurd to j our pI0i Tt to 1110 n!10%'C.
?? Cr'.?IYLM1I}' ?
'I
JPH:'ph
cc: Johnna J. ho^rC . I-s . (Viii Fat)
Lisa NJ. Long (%'ia Fax)
?ANtc D.. __
f04X°_.:_.._
POH C. ?4A!:'!_
CAR,-11:.;. L.....?A
JOii:..`J.'•• J. KOPEn.
K=.2:. `,1. LED: BOr.:.:
SAIDIS, SNUFF, FLOWER & LINDSAY
........ _.... _'fa.. l' ....-d LC .....
OF COUNSEL
H. MI !SFLANZ)
L_?}i SF_?ORE OrriCF:
HILL, PA 1701',
F.EPLl TOCARLISLE
wee,
_.. tLa= o.e_?'On. 1S .,_ ., .. _.._S
e_D1_3 _4 t..c Weal?.^... 7f L?_.?.,•..c_ _L Was tc ',V C'?..:, .;.
_isa n_s ..a_ scne=',:___ for _.._ _.. ^a o <__-'ber ?, 2000.
`_C__ Cl_?.._ has w?=..en_ `._.., 0, an.. ^._J C1_e.^.t has :-;e
week=.d _f
--r 2:l'V.
Fa:n have her -.-.a girl
.._- __ _?--'? 3C.. ,. D' 2- and
ha'._ t::e _ V _Is sL_C__ _ ?_ r. a.. W.-- return 7-=.M 70 'your
c_i?c= on ..__3=...as .,__..?en .:CJ --nd _ ::.D o..... ?.. en: c=n
c_
c Cy ?a cO .._ ..n .3S _VC G.... mcrnin= W1=:-1 t^
S. SO W4 1 _? SUT.e .^.iS ___ +:ca..?..-. C_ =Cr the
zlnen, will _-d=ust so :..at ny c_t_nt has the
__rS= an= We?.{c.^:CS ..?__..u_ _ w?-h t:^._ ='_rst weekend in
cn _..c
EXHIBIT ? __.
?7
Andy S'ne=r'_'y/ Esquire
"e T'N J
c_1?. c and _,._.. her ....__... -_ b__.. D.
yo___/
K: r17.
Cc: Mae- De-: _.._
Esquire
.% Eau! Helm,
v. .+
[.1511 ??I• .. _ ..../
_
. .4f .1'? _[J..1:1 -.. ?.,?3? r,
'
_
;
,
.an,
?C'1
.,?fendant??=tltl9n&?r _.,_
ORDER OF COURT
MID NCW, this -7? day of / 2000, ucon
consideration of the attached Custody Conci 1'`1liation1'" - Repcrt, it is ordered
and directed as follows:
1• The prior Crder of this Court dated January 31, 197-9 shall
continue in effect as modified by this order.
2. The oarties shall obtain a ca-.plete evaluation, for the Child by
Todd Barron„ ND, pediatric neurclocist at Fier--hey :'medical Center. Tne
parties shall ccoperate in scheduling, and insuring that the Child attends,
all aocointments for the evaluation.
3. The D,-,-ties ti es shall obtain a comprehensive mental health evaluation
for the Child, in conjunction with a custody evaluation, to be performeq cy
Arnold Shienvcld, PhD or his associate. The parties shall submit
themselves, the Child and any other individuals deemed necessary by the
evaluator for the custody evaluation. The purpose of the evaluation shall
be to obtain independent professional recommendations concerning the
Ch.ild'S psychological treatment as well as recommendations concerning
custody arrangements which would best ser?e the interests of the Child.
The parties shall sign any authorizations deemed necessary by the evaluator
to obtain additional medical, psychological, school, or other additional
information pertaining to the parties or the Child. The costs of the
evaluation which are not covered by insurance shall be shared equally by
the parties.
o. The Father shall contact Edgewater Children's Services and request
that services for the Child be resumed. The parties shall cooperate with
any recorme.^.dationz 2-Dvi6ed by Edaewat=r ='aildren's Services.
7. :ending further Order of Cocr_ or agreement of the parties, the
.?ether shall have partisl physical cu=taoy of the Child on alternating
',;ee;rend= ?`_ gOrre_'pCnq --o :'10ther's tl,^.e' `.--i work) from Friday at 8:00 p.m.
or after school through Sunday at 7:00 ^p.m. The lother shall also have
custody every Thursday evenina from after school until 7:00 p.m., which may
be extended to an overnight period as arranced by agreement of the parties.
8. The .^?aternal Aunt shall have p rtial custody of the Child on one
wee :end cer month from Friday at 5:00 p.m. through Sunday at 5:00 o.m. The
EXHIBIT
0
?•
i
"et•-c..a Aunt
;re
Tn >irti•_ : ".hi1: ..• 11 i? a:.r_il:_ • in nor
_
<
.
____.nt cnic_..
.-_.._.-1 ''.__ric? _..i,,?,;i:_. •.._. :!_ .,t=,.. -•
1J Uixn cc letipn __
aluations arid, if at that tir+
:regiment as to on ping le?a1 a a
f.r any party may ccr,tact the Ccnci
Conciliation Conference »itnin four
physi_?1, •._..tal h-_a1t. ?.._ ___.tu:'(
are not to reach an
sic a ..etpdy arrana=.ent, counsel
Li_, .r tc an U. E!1 dy
cnths of tir= care of thl- orccr.
11. 'rhi_s order is entered pursuant to an a regiment of the ..t•ies at a
custody conciliation Conference. T_he parties may rrdify the provisions of
this order by mutual consent. In the absence of mutual consent: one terTS
cf this order sh=.li control.
Edcar E. 3ayley, J.
cc: Emily i.. r'offman, Escuire - Ccunsel for ?iaterr, Aunt
Sohnna =eily, Esquire -'C'ounsel for Kother
A.ndreW C. Sheely, Esquire - Counsel for 'r'ather I C (,
I
u1SA X. LC':?;,
vs.
PIVELA G. DE';I;S anal
MICHAEL J. CFVIi,E,
Defendant/Petitioner
PRIOR JUDGE: Edgar B. Bayley
• I.; HE 00"T..1 ?,. cam. =.._•? L?•.. ?.r,?
CIVIL
CCSTCCY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COMM RULE OF CIVIL PROCEDURE
1915.3-0, 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
Gretchen i4. Devine 2/10/91 Father
2. A Conciliation Conference was held on April 12, 2000, with the
following individuals in attendance: The Maternal Aunt/Plaintiff, Lisa M.
Long, with her counsel, Emily L. Hoffman, Esquire, the Mother, Pamela G.
Devine, with her counsel, Johnna J. Deily, Esquire, and the Father, Michael
J. Devine, with his counsel, Andrew C. Sheely, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Cate Dawn S. Sunday, ESglilre
Custody Conciliator
, .
t
CERTIFICA, I,F ON sFitVICi;
I du ccrlilb IhaI I xnrd a Irue and correct copti' of the foregoing I'ctiIioil lift
ModilicaIioil and Contempt Of a CIISIOdy Order upon Ilse Billowing by depositing a copy
of same in the United States mail, postage prepaid, addressed as Ibllows:
Andre\\ C. Sheely. Esquire
137 South Main Street
1'. O. Box 95
Mechanicsburg, PA 17055
.lohnna J. Deily, Esquire
Saidis Guido Shuff & Masland
26 W. IIigh Street
1'. O. Box 560
Carlisle. PA 17013-0560
l
Pcg,,y Ilife, Secretary
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
I
f
I'
Dated: January 23, 2001
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PAMELA C. DEVINE, IN THE. COURT OF COPVION PLEAS OF
Plaintiff CU hE:RLAND COUNTY, PF.NNf;YLVANIA
Vs.
MICHAEL J. DEVINE,
Defendant
m. tN-51)71 CIVIL 'PERM
LISA M. LONG,
Plaintitt
Vs.
MICHAEL DEVINE and PAMELA DEVINE, CIVIL ACTION - LAW
Defendants IN CUSTODY
ORDER OF COURT
n 1, 1\
AND NOW, this i I day of _,! , V )..11,(\A , 2001, upon
consideration of the attached Custody Conciliation Re rt, it is ordered
and directed as follows:
A Hearing is scheduled in Court Room k of the Cumberland
County Court House, on the i 1u' day of
2001, at o'clock, 0.. m., at which tie testimony will be
taken. For purposes of this Hearing, the Maternal Aunt, Lisa M. Long,
shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties shall file with the Court and opposing
counsel, a Memorandum setting forth each party's position on custody, a
list of witnesses who are expected to testify at the Hearing, and a summary
of the anticipated testimony of each witness. These memoranda shall be
filed at least 10 days prior to the Hearing date.
cc: Andrew C. Sheely, Esquire - Counsel
Johnna J. Kopecky, Esquire - Counsel for Mother
J. Paul Helvy, Esquire - Counsel for Maternal Aunt
1
BY THE COURT,
PAMELA G. DPr:VINE,
Plaintiff
Vee.
MICHAEL J. DE-VINE,
lief endant
LISA M. LONG,
Plaintiff
VS.
MICHAEL DEVINE and PAMELA DEVINE,
Defendants
PRIOR JUDGE: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
. CUMRI{RLAND COUNTY, PENNSYLVANIA
CIO. 98-5971 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REiaOfM'
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 Children who are the
subjects of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Gretchen Marie Devine February 10, 1991 Father
Jean Nichole Devine August 28, 1994 Father
2. A Conciliation Conference was held on February 20, 2001, with the
following individuals in attendance: The Mother, Pamela G. Devine, with
her counsel, Johnna J. Kopecky, Esquire, the Father, Michael J. Devine,
with his counsel, Andrew C. Sheely, Esquire, and the Maternal Aunt, Lisa M.
Long, with her counsel, J. Paul Helvy, Esquire.
3. This case was initiated as two separate actions, one in which the
Mother initiated custody proceedings against the Father and the other, in
which the Maternal Aunt filed for custody naming the parents as defendants.
The entire matter has been consolidated. This matter has been in
Conciliation on several previous occasions, at which time Orders were
entered based upon agreements reached at the time.
The present Conciliation Conference was held on the Maternal
Aunt's Petition for primary physical custody of both Children and the
Maternal Aunt's Petition for Contempt against the Father. The Mother has
joined in the Maternal Aunt's Petitions. This has become a very
complicated custody matter both as to the factual situation and the legal
issues involved. The parties were not able to reach an agreement at the
Conference and it will be necessary to schedule a Hearing. The following
is a brief summary of the orders previously issued in this matter:
March 24, 19913 Order granting Maternal Aunt primary physical
custody of Gretchen, partial custody to Father and Mother and
shared legal custody between all 3 parties.
poveaher 3, 19911 Order granting Father primary physical custody of
Jean and shared legal custody of Jean by Father and Mother.
February 3, 1999 Order on Stipulation granting Father primary
physical custody of Gretchen, partial physical custody of Gretchen
to Mother and Maternal Aunt and shared legal custody between all 3
parties.
April 25, 2000 Order granting Father primary physical custody of
Gretchen and partial physical custody of Gretchen to Mother and
Maternal Aunt; the parties were to obtain a mental health
evaluation of Gretchen and also a custody evaluation pertaining to
both Children.
September 13, 2000 order granting Father primary physical custody
of Gretchen with partial custody of Gretchen to Mother and
Maternal Aunt and legal custody to be shared by all 3 parties.
4. The Maternal Aunt's position on custody is as follows: The
Maternal Aunt seeks primary physical custody of both Gretchen and Jean
based on her concern that the Children are not receiving consistent and
appropriate intervention for their medical and educational needs from
either the Father or the Mother. The Maternal Aunt is further motivated by
Dr. Shienvold's custody evaluation report in which he recommends that
primary physical and sole legal custody of both Children be transferred to
the Maternal Aunt. An issue of main importance to the Aunt is treatment
for Gretchen who has been diagnosed with ADHD and Seizure Disorder. The
Aunt and the Father, in particular, have not been able to agree in the past
on the proper care and treatment. The Maternal Aunt asserts that she has
standing to seek primary custody of both Children through in loco parentis
status. The Maternal Aunt has also filed a Petition for Contempt alleging
that the Father threatened to shoot both the Mother and the Maternal Aunt
and that the Father failed to provide treatment or to notify the Mother or
Maternal Aunt of Gretchen's broken finger.
5. The Father's position on custody is as follows: The Father
strongly opposes the Maternal Aunt's Petition for primary custody of the
Children and disputes Dr. Shienvold's findings and recommendations
concerning the custody arrangements. The Father believes that Dr.
Shienvold's recommendations, which propose that the Maternal Aunt have
primary physical custody and sole legal custody of the Children and the
Father have partial custody on 2 weekend days per month for 6 hours, in
effect terminates the Father's parental rights with respect to the
Children. Although the Father indicated he would be willing to agree to
reasonable partial custody arrangements for the Maternal Aunt, he does not
believe that a transfer of primary custody is appropriate. The Father
argues that the Maternal Aunt has no standing to seek primary physical
custody of the Children, particularly Jean, for whom no prior Order has
been entered giving the Maternal Aunt custody rights.
6. The Mother's position on custody is as follows: The Mother joins
in the maternal Aunt's Petition for primary physical custody of the
children. The Mother believes that the Maternal Aunt is the party who is
best able to provide the appropriate care for the Children at this time.
The Mother does not dispute the reccwmendations of Dr. Shienvold's
evaluation and believes she and the Maternal Aunt would be able to
establish a satisfactory partial physical custody schedule by agreement.
7. The Conciliator recommends an Order in the form as attached
scheduling a Hearing. Due to the complexity of the factual and legal
issues in this case, it is expected that the Hearing will require at least
one full day. Counsel for the Maternal Aunt and Mother (who has joined in
the Maternal Aunt's Petition) indicated that they expect to present 6
witnesses, including the Maternal Aunt, Dr. Shienvold, the Mother, a
teacher, a health practitioner and possibly the Mother's paramour. The
Father's counsel indicated that at this tiir-e he intends to call 4
witnesses, including the Father, a representative of Edgewater. Services and
possibly ?. other friends or family members. The legal issues include
questions of standing of the Maternal Aunt to seek custody of each Child.
There are also issues concerning legal custody because of the health,
mental health and educational factors of special concern in this case.
Date Dawn S. Sunday, Esquire
Custody Conciliator
i
K
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;y.
EMILY LONG ROFFMAN
Attorney at Law
105 North Front Street
P.0.6ox 11475
liarrisburg, PA 17106-1475
FAX (717) 234-2234
(717)233-1112
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OCT 2 0 1998
V
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IA
DEF_ENDANT'._PAMELA DEVINF'S PRE-HEARING MEMORANDUM
?,:::: .. .? ...c. .,? ,:i:• ?r.i ti.. olii ir.t.
I. BACKGROUND
he D?•f%?:td?/nt, '.17.•?I;t [:?•v;:. he u_iCUr.t1 mother of
C01O CIR 1d L'E'_I1, ?;CEt :'hPt; Dr,.'l 1:1??, GGL:I t/?brllat:y 10, 1991, and
I
ii Jec,n Devine, born A!;(lust 2-1, 'I'hc father of the children
4
is Michael Devine, ii Ti the Piaintiff/P?ctition is Lisa M. Long,
the m--Itern-IL auto. of thv_ children ?ind the sister to Pamela
Devine.
Pursuant to an initial Court Order, the parties shared
SAIDIS
SHUFF, FLOWER
& LINDSAY
AYFORICYS•At•uW
26 W. High Street
Carlisle, PA
legal custody of said children, the father Michael Devine had
primary physical Custody of the children, with periods of
partial physical custody in Pamela Devine on weekends and one
evening per week and with Lisa Long.
Since April 13, 2001, however, the children have been in
the custody of Lisa Long, and pursuant to a Court Order of
April 19, 2001, temporary physical and legal custody of both
children was granted to Lisa Long. It is the position of
i
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•AT-UkW
z6 W. nigh Street
Carlisle, PA
II. WITNESSES
grintiny Lisa Long IeclciI
pi 1111 1-y phy.;lcIi oust ;dy c)f. - rile ?:inur children.
2. Al I other :•:iul? :;sl,s 1 be the game as those listed
by ht. Lory i:, her Pre-Hearing Memorandum.
III. PROPOSED SETTLEMENT OF THE CASE
It is proposed that Lisa M. Long had legal and primary
physical custody of said children, subject to periods of
partial physical custody with the Defendant, Pamela Devine.
Any visitation that will be provided to Michael Devine should
be on a supervised basis.
Respectfully submitted,
SAIDIS, S?HUFF, FLQWER & LINDSAY
Dated /C
Jobrina J./Kopecky Esquire
Attorney I.D. It 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Defendant
Pamela Devine
CERTIFICATE OF SERVICE
??
On tiii -- - U
hereby certify that I served a tnu• ,i:ul correct Copy of the
foregoing Pre-Hearing Mcnu?r,,ndnm .;po:: all parties of record via
United States Mail., poestage prepaid, addressed as follows:
J. Paul Helvy, Esquire
Killian & Gephart
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
Andrew C. Sheely, Esquire
127 South Main Street
P.O. Box 95
Mechanicsburg, PA 17055
SAIDIS, SHUFF, FLOWER & LINDSAY
Byc? 1G?C,?
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AY142DDi
LAW OFFICes LINDSAY sty
SAIDIS, SNUFF, FLOVVF.R & y
21 p) MARKET STREET ?' _
26 W. IIIGII STREET CANIV IIILL. PA 17411
7?7-7JUy •_
CARLISLE. PA I7UI? ,-. _,..... -
GNE 1717)11?6222 YR.GNC'. 2_... 17,171 --•
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1'AIdE1,A G. DEV111F:,
pl,t ilit, i! f
V.
MICHAEL J. Di:'J 1N1i,
Defendant
LISA M. LONG,
plaintiff:
V.
MICHAEL DEVINE and
PA14ELA DEVINE,
Defendants
C I V I L hC'P I ON - LA`;:
CIO. 9fl-5971 CIVIL TEPM
CbnsolidaL(!d /No. 95-4413 Civil)
ORDER OF COURT
AND NOW, this 19th day of April, 2001, this matter
having been called on the petition of Lisa M. Long for special
relief, IT IS ORDERED:
1. All prior custody orders are vacated.
2. Temporary physical and legal custody of Gretchen
Marie Devine, born February 10, 1991, and jean Nicole Devine,
born April 28, 1994, shall be with Lisa M. Long, the maternal
aunt of the children.
3. The parties shall agree to such temporary periods
of visitation and/or physical custody regarding the two
children pending the custody hearing now scheduled before this
Court. if the parties are unable to reach agreement on these
matters, counsel shall contact this Judge, and in an informal
proceeding we will set forth particular arrangements after
hearing the positions of all sides.
4. The father shall immediately provide medical
cards to the maternal aunt for the two children who are covered
on his medical insurance plan.
fiy t 11(• Cout t ,
An(Iteo! C. Sheely, Ii:;quile
For Michael J. Devine
,I. Paul Helvy, Esquire
For Lisa M. Long
Johnna J. F,opecky, Esquire
For Pamela G. Devine
(!dgar ri, liayl?ry, J.
r
prs
z
THE LAW FIRM OF
KILLIAN & GEPHART
zle I% STREF,T PIP
P O ROll 806
HARRISBURG, PENNSYLVANIA 17108-0886
ORIGINAL CER fIF1E0 COPY
of o a pooi ?
. -A ,
i
1
!a`
Nl:.
PAMELA G. DFVINF.
Plaintiff
MIC'IIAFI I. DI'.VINI•:.
Defendant
LISA M. LONG.
Plaintiff
V.
MICHAEL DEVINE and
PAMELA DF.VINI,
Defendants
IN I III ('()t IZ I ()P ('()\1%1()N PI.f.AS OF
CUMBI Rl AND ('()t;N I Y. ITNNSYLVANIA
No, 98-5971 ('i\ it l can
1con.olidated w No. 95-4413 Civil Vern)
C'IVII. AC HON - I.AW
IN CUS I ODY
PLAIN'T'IFF LISA M. LONG'S PRFA1EA1qNG MEMORANDL111
Plaintiff Lisa M. Long, by and through her attorneys. Killian S Gephart. LLP, in
accordance with this court's order of February 37. 2001, hereby sets both Ms. Long's
position on custody, a list of witnesses who are expected to testify at the hearing on
behalf of Ms. Long and a sununary of the anticipated testimony of each witness.
LISA M. LONG'S POSIT ION ON CUS'T'ODY
This case involves the custody of two children, Gretchen Devine. horn on February
10, 1991, and Jean Devine, born on August 24. 1994. The litigants in this case are Lisa
M. Long, the children's maternal aunt. Pamcla G. Devine, the children's mother, and
Michael Devine, the children's father.
'file upcoming hearing deals with the request of Lisa M. Long, which was joined
by the children's mother, for a court order granting Lisa M. Long primary physical
custody of the two children.
Since the tiling oI the Petition for Modilicalion on Janumr 24. 2001, a suhscquenl
Petition lia Special Relief was tiled by I.is? Lone on Apri110. 2001. AI icaring was held
on the Petition lit Special Relic tal which lime counsel lirall parties %%cre prescni:
however. Father failed to appear. As a result. this I lonorable Court entered an order on
April 19, 2001, granting temporary physical and legal custody of hot If children to I.isa
Long.
This order was entered, at least in part, due to the tact that file children had been in
the physical custody of Lisa Long since April 13, 2001, and clue to the lint that Father did
not appear at the hearing to object to the entry of this temporary order. The children have
continued to be in the physical custody of Lisa Long. Father has made no effort to
conununicate with or have any contact with the Children.
It is the position of Lisa M. Long and Pamela Devine that Lisa Long should have
sole legal and primary physical custody of the children. The last information which the
patties have regarding Michael Devine's position in this case is that he no longer contests
Lisa Long's request in this regard.
IL LISTOF WITNESSES AND ANTICIPATED'Ir STIMONY
Lisa M. Long, Ms. Long is the maternal aunt of the children and will
testify that she has had significant contact with the children over the years
and has been their primary physical custodian since April 13, 2001.
2. Pamela G. Devine. Ms. Devine is the mother of the children and will
testify that the hest interests of the children will be served by granting Lisa
Long sole legal and primary physical Custody of the children.
I
3. Arnold_I___Shiemoid, Ph. 1). Dr. Shicmoid's opinion (%%IIich has previously
bcen provided to Ilic Court as Ii\hibif A oC% I s. Longs Petition liar Special
Relied is that Lisa Long should be the sole Icgal and primary physical
custodian ol'thc children.
4. Marcella Whiteside. M.S. Wlitcsidc is the principal ol'the school which
Gretchen attends. She will testily as to the prohlcros which file children
experience while in the custody of Mr. De%inc and to the significant
improvement which they have experienced since being in the custody of
Ms. Long.
5. Jolanta Troy. Ms. 'I rosy is it behavioral specialist in the employ of
Edgewater Children's Services. She has had significant contact with file
children and file pailies.
6. Matthew Kichman and/or Marv Kichman. The Kichmans are family
friends who have children who are playmates of Gretchen and .lean They
will testify as to Lisa Long's home environment. They have also
accompanied Ms. Long on pick-ups and drop-ol'Is of the children.
itted.
J. P Kul liclvy
torncy ID 1153148
itlian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg. PA 17 108-0886
(717)232-1851
Dated: May 8, 2001
Attorneys for Lisa M. Lon-
3
CERTIFICATE: OF SERVICE:
I do certily that I served a true and correct copy of the within Pre-Hearing
Menloli'Indtlnl of Lisa M. I-ong upon the following by depositing a copy of same in the
United States mail, postage prepaid, addressed as Hollows:
Andrew C. Sheely, Esquire
127 South Main Street
P. 0. Box 95
Mechanicsburg, PA 1705
Johnna J. Deily, Esquire
Saidis Shuff& Masland
26 W. High Street
Carlisle, PA 17013
Peggy Hite, ecrc j ryKillian & Gephart, LLP
218 Pine Street
P. 0. Box 886
Ilarrisburg, PA 17108-0886
(717)232-1851
Dated: May 8, 2001
DEC 1 8 20M
Riegler • Shienvold
& Associates
Paul Helvy, Esquire
218 Pine St., P.O. Box 886
Harrisburg, PA. 17108.0886
Andrew Sheely, Esquire
127 No. Market St.
Mechanicsburg, PA. 17055
Johns Deily, Esquire
26 W. High St.
Carlisle, PA. 17013
Elliot Riegler. Ph.D. (1948-1999)
Arnold'r. Shienvold. Ph.D.
Melinda Eash, M.S.
Janes Eash, L.S.W.
Michael J. Asken. Ph.D.
Bnnnie Howard, Ph.D.
Awry K. Keisling. A.C.S.W., L.S.W.
9'racv Richnnts, A.C.S.W., L.S.1V.
Dun Lawrence, L.S.W.
Dyanne Seymore, L.S.W.
Jct'rrey Pincus. Ph.D.
December 14, 2000 Ann Vergales, A.C.S.W. L.S.W.. B.C.D.
Robert H. Davis. Jr., M.D.
Dear Attorneys:
Enclosed please find the custody evaluation completed by Dr. Shienvold
regarding your clients Lisa Long, Michael Devine and Pamela Devine.
Please feel free to contact Dr. Shienvold if you have any questions regarding this
report.
Sincerely,
RIEGLER, SHIENVOLD & ASSOCIATES
Sandy efe
PLp,INTIFF'S
Encl. EXHIBIT
,? r1Gl?! ?Cb
Fax: (717) 540-1416 • (717) 540-1313 • 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110
W Riegler • Shienvold
& Associates
Referred By:
Custody Evaluation
Lisa M. Long
V.
Pamela G. Devine and
Michael J. Devine
Mutual consent of the parties.
I?Iliot Ric.-der. Ph.D. (1948-19199)
Arnold T. Shienvold, Ph.D.
Melinda Eash, M.S.
James Emb. L.S.W.
Michael J. Asken. Ph.D.
Bonnie Howard, Ph.D.
Amy K. Keisling A.C.S.W., [,,S.W.
Tracy Richards, A.C.S.W., L.S.W.
Don Lawrence, L.S.W.
Dyanne Seymore, L.S.W.
Jeffrey Pincus, Ph.D.
Ann Ver.ales. A.C.S.W.. L.S.W.. B.C.U.
Robert H. Davis. Jr., M.D.
Referral Reason: To conduct a comprehensive custody evaluation and to make
recommendations regarding the most appropriate custodial
arrangements for Gretchen Marie Devine, DOB 2/10/91 and
Jean Marie Devine, DOB 8/28/95.
Individual Interviews: Lisa Long 6/15/00, 6/28/00, 7/17/00, 7/25/00,
9/29/00
Michael Devine 6/29/00, 7/24/00, 9/18/00,
Gretchen Devine 7/6/00, 8/7/00, 1015100
Jean Devine 7/6/00, 8/7/00, 1015100
Pamela Devine 6/26/00, 8/7/00
Iona Bryant 8/7/00
Parent-Child Interactions: Each parent was observed interacting with the children
Home Studies: Observations were made at each parent's residence while the
children were present. The houses were examined for any
safety concerns within the home.
Fax: (717) 540-1416 • (717) 540-1313 • 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110
Long v. Devine
Page 2
Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2)
* Lisa Long
* Michael Devine (Mr. Devine's test was read to him
due to his limited reading ability)
Additional Information: 1. School records for Gretchen Devine from Mechanicsburg
School District
2. Records for Iona Bryant from The Stevens Center
3. Records for Pamela Devine from The Stevens Center
4. Letter from Andrew C. Sheely to Dr. Shienvold
describing the involvement of dean Devine in the custody
evaluation
5. Two letters from Dr. Todd F. Barron, pediatric
neurologist for Gretchen to Dr. Young, Gretchen's family
doctor, regarding his care and observations
6. Medical records from Holy Spirit Hospital on Gretchen
7. July 6, 2000 Escape Center report
8. Drug screen report dated 7/29/00 on Mike Devine
9. Psychological Evaluations on Gretchen completed by
Karen E. Weitzner, Ph.D. on May 26, 2000, and Jessica Hart,
M.A. on 10/17/99
10. Report card narrative for Gretchen updating the 2000-
2001 school year
11. Letter dated November 3, 2000 from Paul Helvy, Esq. To
Andrew Sheely, Esq.
12. Order of Court dated February 3rd, 1999 signed by J.
Edgar B. Bayley
Long v. Devine
Page 3
13. Custody Stipulation and Order dated January 31, 1999
14. Order of Court dated August 21, 1995
15. Notebook of materials supplied by Lisa Long
documenting a variety of interactions and incidents between
the various parties in this case
16. Verbal feedback from Ivan Zook of Edgewater regarding
interactions with Michael and Gretchen and Lisa
17. Phone interview with Ann Alleman, former live-in
paramour of Michael's
The recommendations that follow are the result of a careful review of all of these
sources of information. They are offered in accordance with a reasonable degree of
psychological certainty.
Recommendations:
It is strongly recommended that Lisa Long become the primary physical and sole
legal custodian of Gretchen and Jean Devine. Lisa is the only one of the adult care-givers
of these children to show a constant level of stability, responsibility and maturity in her
life. Both Mike Devine and Pamela Devine have had multiple mental health and drug
related problems. Additionally, Mike continues to experience physical problems that
have made him unable to work.
As is well documented, Gretchen is a special needs child. She has been diagnosed
as being in the Moderate range of mental retardation and has been in a life skills
classroom. Gretchen suffers with a Seizure Disorder and has also been diagnosed with
Attention Deficit Hyperactive Disorder. She has a considerable amount of special needs,
including close attention being paid to her medication routines.
Gretchen desperately needs consistent routine, structure and attentive nurturance
in order for her to improve in her ability to learn and practice basic life skills and
activities of daily living. Neither Pam nor Mike can provide the type of consistent
environment that Gretchen needs. Over the past year since Mike has been primarily
responsible for Gretchen's care, Gretchen has deteriorated in her overall adjustment both
Long v. Devine
Page 4
in and out of school. Mike has found it necessary to seek assistance from Holy Spirit
Hospital in order to control Gretchen's behavior. He has attempted to utilize increasing
amount of medication in order to deal with her alleged sleep difficulties and Gretchen has
shown increased seizure activity since she has been in Mike's care. Gretchen's behavior
in school has worsened and she shows inappropriate behaviors at home that did not exist
to as great an extent when she was with her aunt.
To his credit Mike has sought outside assistance with the care of Gretchen. He
has had behavioral specialists and TSS assistance within the home. He has also taken
parenting classes. However, the application of the techniques he is to be learning and
using is not occurring in any type of consistent fashion. Additionally, it has been
reported that Mike has continued to use marijuana, cocaine and alcohol since he has been
primary custodian. Furthermore, Mike admitted that he is taking significant quantities of
pain killers, such as Vicodin, to such a degree as to cause on going problems with his
own energy levels.
During the time that the children have been in Mike's care, he has had the woman
with whom he was living leave him. Of great concern is the fact that she left and went to
a women's shelter for abuse. Ann Alleman has accused Mike of physical, mental and
sexual abuse during the course of her relationship with him. These -allegations are
consistent with similar allegations made against Mike by he ex-wife, Pam. Ms. Alleman
also noted that Mike was consistently using marijuana during the time she lived with him
and occasionally used cocaine. She noted that he also used alcohol. Although Ms.
Alleman denied that Mike physically abused the children, she reported that he would
consistently neglect their care by providing inadequate supervision and that he would
mentally abuse them. She reported that Mike would frequently sleep for most of the day
and that it was her responsibility to watch the children.
Mike's presentation during this evaluation was inconsistent. On one occasion he
would be cooperative, well groomed and interact appropriately. On another occasion
Mike appeared with a one to two day growth of beard, clothing that was dirty and
disheveled, and smelling badly. His mood on that occasion was irritable and suspicious.
He did not,appear for one appointment. Mike noted a reading disability and it is believed
that Mike's intellectual level is somewhat limited. He denied the use of any drugs other
than pain killer, but admitted extensive use of these. His drug screen was negative for
any substances, which is somewhat suspicious given the admission he made about the
drugs he was using. Mike admits that he is a "recovering drug addief' and has been in
rehabilitation in the past.
Long v. Devine
Page S
Mike's MMPI-2 results are consistent with the observations made during the
interviews. His profile is valid and is consistent with an individual who shows very little
insight into his own problems. These individuals tend to focus on their own needs and
are often perceived as either hypochondriacs, malingerers, or possessing psycho-somatic
illnesses. Additionally, Mike scored very high on the McAndrew's Scale, which is a
measure of addiction proneness. This is not surprising given his drug and alcohol history.
Mike's involvement with his children is of recent advent. Mike and Pam were
married when Gretchen and Jean were bom. Mike indicated that he began drinking
heavily after Gretchen's birth because he could not cope with his sick child. He and Pam
were living in Florida at the time. Mike's was not primary-in the care of Gretchen. In
fact, he continued to drink heavily and then became a heavy user of cocaine. Ultimately,
after Jean's birth, Pam left Mike and initially lived in a women's shelter. As mentioned
above, she, too, accused Mike of physical, sexual and mental abuse. Shortly after their
separation Mike went to Roxbury for drug rehabilitation. When released •he.lived.in.a
half-way house for the next 9 months. During that year, Mike could only remember
seeing the children on 2 or 3 occasions.
Mike then went to live with his parents in Camp Hill for the next 4 years. He
reported that dining that time he would only see the children "when my parcats would let
me." He believes that he saw them approximately one time per month. He admitted that
at that time he always had an adult around to "help me." It was in 1998 that Gretchen
went to live with Lisa because Pam was physically abusing her and unable to control her.
Jean remained with Pam.
According to Mike, he attempted to get Gretchen help for her problems from then
on, but Lisa would not let him. He stated that Lisa would not allow him to get the
medications that Gretchen "needed," such as the sleep medications and anti-anxiety
agents. However, Mike became concerned that Jean had-been sexually abused so he
reported Pam to the Children and Youth Agency, again. Mike also took pride in stating
that he got Pam in trouble with the welfare authorities and the low income housing
authorities. Mike was given custody of Jean at that point, in spite of the fact that he had
spent no more than one weekend a month with either child since dean's birth. Mike-then
alleged that Lisa told him she no longer wanted Gretchen so he took custody of her in
January of 1999.
I .
Long v. Devine
Page 6
The latter "facts" of Mike's story are at best distorted and at worst fictitious. Lisa
had taken custody of Gretchen in 1998 because of the deteriorating situation between
Pam and Gretchen. Pam was aware that she could not handle Gretchen and asked Lisa to
take her care. Lisa maintained custody until Mike was given custody in January. This
was not a function of Lisa no longer wanting custody. Rather, Mike was showing
increased insistence at having Gretchen with him and he had deawastrated a desire-to be
the custodian. Lisa was advised that as a non-biological parent she had little legal
standing. She decided to negotiate for as much time with the children as possible, rather
than put them through a court battle. She now regrets that decision because she feels that
their well being has not been maintained by their father.
Lisa presented as a bright, highly articulate woman. She is employed by Bristol-
Myers as a sales person in their oncology division. She reports that her work hours are
very flexible and adaptable. She generally works five days per week and makes her own
schedule. She has to travel out of the area one time each quarter. i isa r+oted that she had
the same job when she cared for Gretchen in the past.
Lisa is single and lives in her own home in Lewisberry. She lives on a farm and
raises horses.. The home is well maintained and appropriate for children the ages of Jean
and Gretchen. The children were observed in this setting and clearly enjoy it. The
children are allowed to ride the horses and they are carefully supervised by their aunt.
Both children refer to Lisa as Aunt Lisa and they easily display affection with her. In
their interviews, Jean and Gretchen spoke of Lisa in affectionate ternasand showed a
distinct preference to her home and environment over that of their father's.
Lisa reported that she is a very organized person. Her home and her style
reinforced that fact. Lisa referred to herappointment•book-consistently when asked
questions about what she did with the children, or what appointments she had. She also
puts an emphasis on routine and structure when she is with the children. However, she
demonstrated a good understanding of both of their needs, exceptional patience with
Gretchen and knowledge that Jeannie is in need of attention in this situation.
Lisa's primary weakness when it comes to her parenting is some denial about the
extent to which Gretchen's cognitive problems affect her ability to learn and perform
tasks. Where Mike demonstrates too willing an attitude to use medications as a means of
"controlling" Gretchen and too little expectation-for her-behavior, Lisa-errs-in-the
opposite direction. However, it is believed that Lisa is willing to put in the extra work
and effort necessary to help Gretchen obtain higher goals.
Long v. Devine
Page 7
It should be noted that Lisa's MMPI-2 profile is totally within the normal range.
Shc has taken a somewhat defensive approach to answering questions. This is not
uncommon in this type of evaluation. However, these individuals generally show good
coping mechanisms and are effective in their day-to-day responsibilities.
While it is fairly obvious that Gretchen can benefit from the more stable,
structured environment offered at her aunt's home, it is important that Jeannie not be
overlooked in this process. While there is little evidence that Mike is physically abusing
Jeannie (on the other hand, there is evidence that Mike has used corporal punishment
with Gretchen to the extent of leaving bruises on her), it is clear from this evaluation that
Mike is not demonstrating the ability to parent either of these children. The factors that
have already been mentioned would preclude him from having the primary responsibility
in the care of any child. It should be noted that Mike has had difficulty getting the
children to school on time, dressing them appropriately for the conditions, and picking
them up from school. He has also left the children in the care of others for extended
periods of time, with his whereabouts being unknown.
Jeannie is in need of as much adult care and supervision as any other child her age.
She does not have the special needs of Gretchen, but she has had to be placed in learning
support because she is already lagging behind her classmates. Furthermore, Mike has
tended to place considerable amounts of responsibility on Jeannie for helping with
Gretchen. This may be contributing to some of the sibling problems that they have been
having this year. In general, these two sister; are strongly attached and should not,. again,
be separated from one another. Jeannie is a cute, resourceful and verbal young girl who
also needs the stability of her aunt's home.
Pam Devine wants her sister to gain custody of both of her children. She does not
trust Mike pnd believes that the girls have deteriorated under his care. She fears his
abusive nature and believes that he is using alcohol and drugs. Pam realizes that due to
her on-going mental health problems that she is unable to be the primary care provider for
the children. She is content to have access to them on a regular schedule. Pam is
currently in a relationship with Iona Bryant. Iona also has a significant psychiatric
history. She is on disability for her mental and physical reasons.
Given these factors, it is recommended that Mike visit with his children the first
Saturday and third Sunday of every month from 12:00 P.M. to 6:00 P.M. He should be
reminded that he is not to use drugs or alcohol at all on the mornings prior to getting the
children, or while he has them in his custody. Mike should also be allowed time with the
Long v. Devine
Page 8
children at major holidays. The children should be allowed to • isit with Pam on the fmt
Sunday of the month from 12:00 P.M. until 6:00 P.M. and on the third Saturday of the
month from 6:00 P.M. until Sunday at 12:00 P.M. Pam should also be allowed to spend
time with the children on each major holiday.
It is recognized that recommending sole legal custody is highly unusual.
However, this is a highly unusual case. Gretchen is in need of many educational and
medical interventions. There needs to be stability, consistency and planning involved in
her care. It is not believed that Mike, or Pam can provide that type of consistency.
Furthermore, neither can be relied upon to deal with decision making in a collaborative,
mature, rational or timely manner. In fact, Mike has noted that he does not want to have
to make decisions with Lisa, He wanted sole legal custody, or shared legal with Pam,
who he thought he could control and intimidate. Pam and Mike should be kept informed
of all decisions that are made regarding their daughters.
Pam and Mike Devine both appear to love their children. However, neither of
them is capable of consistently providing for their best interests. Lisa Long has shown
the desire and ability to provide for her nieces' best interests. She should be awarded
custody of both of them.
Arnold T. Shienvold, Ph.D.
PAMELA G. DE?VINE,
Plaintiff
v
M I CI IAFI, J. DEV I NF,
Defendant
LISA M. LONG,
Plaintiff
v
MICHAEL DEVINE acid
PAMELA DEVINE
Defendants
IN THE t'0!1PI' ()F ("OMMON 111,1-:A; OF
CUMbi:[•li.AD:D C'OItNTY, I'ENNSYI,VANIA
NO. 98-5971 CIVIL 'PERM
ORDER OF COURT
AND NOW, this 17th day of May, 2001, this matter
having been called for a hearing this date, it is ordered:
1. All prior orders are vacated and replaced with
this order.
2. Lisa Long, the maternal aunt of Gretchen Marie
Devine, born February 10, 1991, and Jean Nicole Devine, born
August 28, 1994, shall have sole legal custody and primary
physical custody of the children.
3. The mother, Pamela Devine, shall have temporary
physical custody of the children every third weekend of each month
from Friday at 5:00 p.m. through Sunday at 5:00 p.m., and at such
other times as agreed between her and Lisa Long.
4. The father, Michael Devine, shall have such
periods of supervised visitation with the children as expressly
agreed by their primary custodian, Lisa Long.
By the Cou
99 ,'
Edgar B. Bayley, J.?
Andrew C. Sheely, Esquire
For Michael J. Devine
J. Paul Helvy, Esquire
For Lisa M. Long
Johnna J. Kopecky, Esquire
For Pamela G. Define
pcb
i?
PAMELA G. DEVINE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
MICHAEL J. DEVINE,
Defendant
NO. 98-5971 CIVIL TERM
LISA M. LONG,
Plaintiff
V.
MICHAEL DEVINE and PAMELA
DEVINE,
Defendants
STIPULATION
4,
AND NOW, this -Z day of OC 06C? --- , 2008, the undersigned do hereby
stipulate and agree to the'entry of an Order regarding the custody of Gretchen Marie
Devine, born February 10, 1991, and Jean Nicole Devine, born August 28,1994.
WHEREAS, on May 17, 2001, an Order was entered by the Court of Common
Pleas of Cumberland County granting:
a) Lisa Long, the maternal aunt of Gretchen Devine and Jean Devine,
sole legal custody and primary physical custody subject to periods of partial
physical custody to be exercised by mother, Pamela Devine;
b) Father, Michael Devine, periods of supervised visitation with the
children as expressly agreed by their primary custodian, Lisa Long,
WHEREAS, since the entry of the Order, Pamela Long (formerly known as
Pamela Devine) has been steadily employed with Eckert Drug (now Rite Aid) as a
pharmacy technician;
WHEREAS, since at least September 2005, Mother has exercised primary
physical custody and de facto legal custody of Jean Nicole Devine;
WHEREAS, Jean Nicole Devine attends the Camp Hill School District, the district
in which Mother resides.
WHEREAS, Gretchen Marie Devine continues to live with Lisa Long and attends
school in the West Shore School District where Lisa Long resides;
WHEREAS, Mike Devine is currently incarcerated on charges of armed robbery,
and has not seen either of the children or attempted to contact them since the entry of
the May 17, 2001 Court Order.
WHEREAS, the parties have determined that it is in the best interests of the
children that Gretchen Marie Devine remain in the custody and care of Lisa Long, and
Jean Nicole Devine remain in the custody care of her mother, Pamela Long (formerly
known as Pamela Devine).
NOW THEREFORE, the parties hereby stipulate and agree as follows:
Pamela Long (formerly known as Pamela Devine) shall have sole legal
custody and primary physical custody of Jean Nicole Devine.
2. Lisa Long (the maternal aunt of Gretchen Marie Devine) shall continue to
have sole legal and, primary physical custody of Gretchen Marie Devine.
3. Pamela Long (formerly known as Pamela Devine) shall have temporary
physical custody of Gretchen Marie Devine as the parties agree.
4. The father, Michael Devine, shall have such periods of supervised custody
of Gretchen Marie Devine as expressly agreed upon by her primary custodian, Lisa
Long.
2
5. The father, Michael Devine, shall have periods of supervised visitation of
Jean Nicole Devine as expressly agreed upon by her primary custodian, Pamela Long.
WITNESS:
WITNESS:
Pamela Long forme nown as
Pamela Devin )
i M. Lon
3
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C, ? ? `?;
t., ; ?'
.Z
PAMELA G. DEVINE,
Plaintiff
V.
MICHAEL J. DEVINE,
Defendant
LISA M. LONG,
Plaintiff
V.
MICHAEL DEVINE and PAMELA
DEVINE,
Defendants
OCT z 7 20080
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 98-5971 CIVIL TERM
DER
AND NOW, this -day of ?008, it is hereby ordered that the
attached stipulation is entered herein as an Order of
BY THE Ct
..
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