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HomeMy WebLinkAbout00-05448I OCT 2 0 20000 B. SHIRLENE KILLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5448 BRUCE E. KILLINGER, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this `Z V) day of oc.tb4,__ , 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, B. Shirlene Killinger and Bruce E. Killinger, shall have shared legal custody of the minor Children, Bruce E. Killinger, III, born November 29, 1985, and Tristan M. Killinger, born December 11, 1993. 2. Physical Custody of Bruce. Primary physical custody of the minor Child, Bruce E. Killinger, III, born November 29, 1985, shall reside primarily in Father subject to Mother's rights of partial custody. In the event that Mother would like to exercise partial custodial rights during the school week, these periods shall run from 6:30 PM until 8:30 PM and be available to her upon a seven-day notice to the Father. Mother shall have partial physical custody on alternating weekends to commence October 13, 2000, from Friday at 6:00 PM until Sunday at 6:30 PM. 3. Physical Custody of Tristan. The Mother shall have primary physical custody of the minor Child, Tristan M. Killinger, born December 11, 1993, subject to Father's rights of partial physical custody on alternating weekends and evenings during the week as the parties shall mutually agree. Father's weekend partial custody shall be from Friday after school until Sunday at 6:30 PM to commence October 6, 2000. In the event that Father would like partial custody on evenings when he is not working, his custodial period shall run from 4:00 PM until 7:30 PM and shall be available to him upon a seven-day notice to Mother. Due to Father's rather complicated rotating shift work schedule, Father will give copy of said schedule to Mother so that she may anticipate when he may be available to spend time with the Child. The parties are encouraged to be flexible with each other with regard to arranging periods of custody for each Child with each of the parents in order to assure frequent and continuing contact with both parents for both Children. 3. It shall be acceptable for the Maternal Grandmother to provide childcare for Tristan. 4. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall ?± ft. rv0. i 1 grr No. 00-5448 ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties shall attend the Seminar for Separating Families offered through Inner Works of Harrisburg. 6. Holidays. A. Christmas. Christmas shall be shared on an A/B schedule. Segment A shall run from December 24th Noon to December 25th at 2:00 PM. Segment B shall run from December 25th at 2:00 PM until December 26th at 8:00 PM. In even-numbered years Father shall have the Children for Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. B. Thanksgiving. Thanksgiving shall be shared under an A/B schedule. Segment A shall run from the day before Thanksgiving until 2:00 PM Thanksgiving Day. Segment B shall run from 2:00 PM Thanksgiving Day until the day following Thanksgiving at 8:00 PM. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. C. Easter. Easter shall be shared in an A/B schedule. Segment A shall run from the Saturday before Easter until Sunday at 2:00 PM. Segment B shall run from Easter Sunday at 2:00 PM until Easter Monday at 8:00 PM. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. BY THE COURT, Dist: Dan McGuire, Esquire, PO Box 61, Duncannon, PA/ 170 mQu( /O' L,r' 07 Marcus A. McKnight, III, Esquire, 60 W. Pompfret Str t, Carlisle, PA 17013-3222 ?V B. SHIRLENE KILLINGER, Plaintiff vs. BRUCE E. KILLINGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5448 CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bruce E. Killinger, III November 29, 1985 Father Tristan M. Killinger December 11, 1993 Mother 2. A Conciliation Conference was held on October 4, 2000, with the following individuals in attendance: the Mother, B. Shirlene Killinger, and her counsel, Marcus A. McKnight, III, Esquire; and the Father, Bruce E. Killinger, Jr., and his counsel, Daniel McGuire, Esquire. 3. The parties have agreed to the entry of an Order in the form as attached. 7 _ Date elissa Pee Greevy, Esquire Custody Conciliator PFAD Number: LD1937295G BARBARA SHIRLENE MONISMITH, Plaintiff V. BARRY RAY MONISMITH, SR., Defendant : In The Court of Common Pleas : For The 41 st Judicial District : Perry County Branch :PENNSYLVANIA No. Civil Action - Law PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: BARBARA SHIRLENE MONISNIITH 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. BARBARA SHIRLENE MONISMrm 4. Plaintiffs Address is R.D. 2, Box 49L , Hidden Valley Road, Loysville, PA 17047 5. Defendant's Name is: BARRY RAY MONISMITH, SR, 6. 7 Defendant is believed to live at the following address: R.D. 2, Box 49L , Hidden Valley Road, Loysville, PA 17047 Defendant's Social Security Number is: 196-50-1576 , a 8. Defendant's Date of I Birth is: May 23,1963` 9. Defendant's Place of employment is: Service First;' Mechanicsburg, Cumberland County, PA. Tel.: (717) 697-7016. Defendant works 7:60 nm.-5:00 p.m. 10. Defendant is'anadult: 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The defendant has' been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor child/ren: a. BARRY COLTON EUGENE MONISMITH Age:22'm6nths Child's address is: R.D. 2, Box 49L, Hidden Valley Road, Loysville, PA 17047 14. Plaintiff is seeping an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. -BARRY COLTON EUGENE MONISMITH For th21, st 5 years; this child has lived with: Since birth on September 16, 2002, until July 25, 2004, the child has resided at RD 2, Box 49L, Hidden Valley Road, Loysville, PA, with Plaintiff, and her minor son from a previous marriage, Tristan Matthew Killinger, Defendant, and his minor children from a previous marriage, Misty Lynn Monismith and Barry R. Monismith, Jr. 15. The following other minor child/ren presently live with Plaintiff: a. TRISTAN MATTHEW KH.LINGER Age: 10"°years. The Plaintiffs relationship to this child is: his mother. 16. The facts of the most recent incident of abuse are as follows: On about Saturday, July 24, 2004 at approximately 10:o0PM location: RD 2, Boa 49L, Hidden Valley Road, Loysvilte, PA Defendant,aegrued with Plaintiff, yelled at her, called her fucking bitch, and told Plaintiff that he hated her. Whewshe went upstairs to get away from him, Defendant followed Plaintiff, shoved her against the bed, and punched her on the leg. Plaintiff sustained bruising, swelling and soreness on the calf of her leg as a result of this:incident. Plaintiff went to the Pennsylvania State Police in Newport, reported the incident, and the police photographed Plaintiffs injury. The police charged Defendant with simple assault, arrested him, and took him before District Justice Howell. Defendant was released on his own recognizance with the c'ond'ition that he not have any contact with Plaintiff pending the preliminary hearing in the matter. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about June 2004, the parties argued, Defendant yelled at Plaintiff and called her names, grabbed her by the hair, shoved her against the bed, slapped her on the head several times, and repeatedly spat in her face. As a result of this incident, Plaintiff lost clumps of hair, and sustained bruising, swelling and soreness about her hip' and buttock. After,'the parties' marriage in November, 2001, Defendant became verbally abusive toward Plaintiff and called her Vdezgihes, and intimidated her by yelling in her face while poking her face with his finger. In addition, Defendant damaged and/or destroyed household items such as the kitchen island, which he flipped over during one incident, in a separate incident Defendant used his arm to sweep glassware and paperwork off the eounter breaking the glass, and during other incidents Defendant threw Plaintiffs world, globe at'her;"and the television remote control, both which narrowly missed hitting her. Since the birth of the! parties' 'child in September 2002, Defendant's physical abuse of Plaintiff included, but was not limited to pushing and shoving'her about, pulling her hair, and spitting on her. 18. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: PENNSYLVANIA"STATE POLICE, NEWPORT STATION DUNCANN'ON POLICE DEPARTMENT 19. There is an immediate and present danger of further abuse from the Defendant. 20. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: RD 2, Box 49L, Hidden Valley Road Loysvilte, PA Owned By: Plaintiff, Barbara Shirlene Monismith, and Defendant, Barry Ray Monismith, Sr. 21. Plaintiff has suffered out-of-pocket financial losses as a result of the abuse described above. Those losses are: Plaintiffs lost wages for time she had to take off work to file the PFA action and attend hearings, and to attend hearings on criminal charges filed against Defendant related to the PFA. On July 26, 2004, without Plaintiffs knowledge or consent, Defendant removed $1,500 from a savings account, which was support money Plaintiff received for her minor child, Tristan Matthew IGllinger, and N Defendant also withdrew about $500 from the parties' joint account, in which Plaintiffs paycheck was direct-deposited for payment of household bills. Plaintiff requests that the Court order Defendant to return the $2,000 in funds to her at the time of the hearing scheduled in the above-captioned matter. 22. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain'Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evictlexclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Require Defendant to provide Plaintiff and/or minor children with other suitable housing. d. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact,between Defendant and child/ren: Pendingfurther Order after the hearing scheduled in this matter Defendant shall have supervised visitation with the parties' minor child, BARRY COLTON EUGENE MONISMITH, at the Carlisle YWCA's Supervised Visitation Program, 301 G Street, Carlisle, PA(717) 243-3818. Each party must contact the Supervised Visitation Program to schedule their individual interview with staff to begin the visitation schedule. Defendant shall be responsible for any costs incurred through this program. e. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. f. ProhibitDefendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in''this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. g. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medicai'support and payment of the rent or mortgage on the residence. h. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to be determined at the hearing. i. Order Defendant to pay the costs of this action, including filing and service fees, j. Order the following additional relief, not listed above: Enjoin Defendant from damaging, destroying or removing any property jointly owned by the parties or any property owned solely by Plaintiff. k. Grant such other relief as the court deems appropriate. 1. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the Penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities '241o7ka i ture 'l-a6-off Bottom SUPPLEMENTAL INFORMATION THAT WILL BE USED WHEN CREATING PENNSYLVANIA STATE POLICE DATA SHEETS (PFAD Number: I-D1937295G) Please Note: If you make any changes to a person's NAME or ADDRESS on this page, those changes will NOT be automatically made on any existing order. (If you need to change a person's name or address, you should change it on any unfiled Order or Petition, if possible.) Defendant Information: Last edited: July 27, 2004 It Middle Last Suffix (Jr, Sr, etc.) Defendant's Alias: .........................................................................................................................: Defendant's Sex: T a .........:........ Defendant's Race: ................................................:.............................. Defendant's Date of Birth: FY7 F^ M D YYYY Address: r• Defen'dant's address is unknown. or... X Defendant is believed to live at the following address: Address: Fo e y ]ones n an s mo City/State/Zip 17013 r Defen'dant's Place ofBirth:?T7?? Defendant's Skin Tone: m MI Defendant's Height: . in• Defendant's Weight (in pounds):F7 ................ Defendant's Eye Color: rown Defendant's Hair Color: rown Defendant's Scars, Marks, Tattoos: Tattoos: on both f orearms, aj" en on one forearm; L-O-V-E on fingers of one hand; "Wendy" "Cindy" near armpit Defendant's Social Security Number:i"'"...'?.... (enter numbers only, or leave blank) Defendant's FBI Number: .................. Defendant's. Miscellaneous Number: Defendant's Operator's License Info: Defendant's Operator's LicenseNurttber:L Defen'dant's Operator's License State: ................................................... Defendant's Operator's License Year:- Defendant's Primary Vehicle Info: Defendant's Vehicle Registration Number: Defendan£s(Whicle Registration State: E C " ........................................................... Defendant's Vehicle Registration Year:C--7 Defendant's Vehicle Registration Defendanfss Vehicle Identification Defendant's Vehi Defendant's Vehic Defendant's Vehicl Defendant's Vehi First Color of Vehicle: Second Color of Vehicle: s When describing a vehicle of two colors, use the FIRST color to describe the color on the TOP or FRONT of the vehicle. e If the vehicle of more than two colors, choose "Multicolored" for the FIRST color, and then fist the actual colors in the Miscellaneous Information field. Miscellaneous Information: (Information about Defendant's othe vehicles, etc.) BARBARA SHIRLENE MONISMITH, 'Plaintiff V. BARRY RAY MONISMITH, SR, Defendant NOTICE OF HEARING : In The Court of Common Pleas : For The 41st Judicial District Perry County Branch :PENNSYLVANIA No. 2004 - 110 ?Q - • 3 Q o v r. o • ' ? ? c Civil Action - Law am, .. PROTECTION FROM ABUT c? "1 L . 4n y AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (D'om'estic Relations) of the Pennsylvania Consolidated Statutes, including chilli custody proceedings under Chapter 53 (relating to custody).. Fnpt A hearing on the matter is scheduled for thee, a1? , in Courtroom No. o? at PERRY COUNTY COURTHOUSE, OW U LD`PA 1778 . You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under Pa.C.S. § 6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law 18 U.S.C. § 2265, this Order is enforceable anywhere in the United. States, tribal lauds, U. S. Territories and Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. § 2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WELL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER,.YOU MAY HAVE TO PROCEED WITHOUT ONE- County Lawyer Referral Service CERTIFIED ATRIJE COPY PA LAWYER REFERRAL SERVICE 1-800-692-7375 100 PINE STREET, PO BOX 166, HARRISBURG, PA 17108 BARBARA SHIRLENE MONISMITH, Plaintiff V. : In The Court of Common Pleas : For The 41 st Judicial District : Perry County Branch :PENNSYLVANIA No. 2004 - BARRY RAY MONISMrM SR., Defendant Civil Action - Law PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: BARRY RAY MONISMITH, SR, c9 G7 Defendant`s Date of Birth is: May 23, 1%3 ° ri ch, C -.j z :<: r rn Defendant's Social Security Number is: 196-50-1576 v Name(s) of All protected persons, including Plaintiff and minor children: =u Sri. 1. BARBARA SHIRLENE MONISMTPH ?l AND NOW, on 27th Day of July, 2004 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff`s request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: RD 2, Boa 49L, Hidden Valley Road Loysville, PA or any other permanent or temporary residence where Plaintiff or any other person protected under-this Order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3' Except for such contact with the minor child/ren as may bepermittedunder paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT withPlaintiff; or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence listed above. Plaintiff's place of employment: All American, Inc. Clark's Petty, Rts. 22/322 Duncannon, PA 4. Except for such contact with the minor children as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. S. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. BARRY COLTON EUGENE MONISMITH Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Pending further Order after the hearing scheduled in this matter Defendant shall have supervised visitation with the parties` minor child, BARRY COLTON EUGENE MONISMITH, at the Carlisle YWCA's Supervised Visitation Program, 301 G Street, Carlisle, PA(717) 243- 3818. Each party must contact the Supervised Visitation Program to schedule their individual interview with staff to begin the visitation schedule. Defendant shall be responsible for any costs incurred through this program. The local law enforcement agency in the jurisdiction where the child/ren are located 'shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with. Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may fmd necessary with respect to supervised visitation with the minor child. Defendant is enjoined from damaging, destroying.or removing any property jointly owned by the parties or any property owned solely by Ph&tiff_ 7. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PENNSYLVANIA STATE POLICE, NEWPORT STATION DUNCANNON POLICE DEPARTMENT 8. The sheriff, police or other law enforcement agencies are directed to serve the D'efen'dant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. TIES ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 27, 2006 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt; which is punishable by afine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under.the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest forviolation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize. all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a. crime, in which case, they shall remain with the law enforcement agency whose. officer made the arrest. To Whom This May Concern, I've been asked to give some more information concerning, my student, Tristan Killinger. I have previously submitted a letter to Dr. Schneider on the request Tristan's father. Tristan's situation is difficult, to say the least. I bave met with his mother at each of the school functions that I also met with his father. She had come in to have lunch with him early m the year- I think that this was before I had any, idea of what was occurring. As far as I have been able to witness, Tristan seems to have a good relationship with both parties. I was made aware of the many times that he was tardy last year. This year, Tristan has been on time and present at school every day, except for 2-3 days missed due to illness or doctor appointments. He is always prepared: homework done, assignment book signed, well-groomed, and fed. Projects assigned outside of school were completed in a timely manner and well done. I also saw him in the evenings at wrestling practice, in which my own son was involved. I tried to make at least two of the three practices each week and saw Tristan at most of the sessions I attended. As I noted of his father, his mother seems concerned as well. We communicated at least once or twice per month regarding the behavior problems that I have been experiencing in the classroom At the meetings we had at school, a variety of behaviors were noted and discussed. Our first meeting centered on his problems focusing on and completing work. It was recommended that I complete an ADHD checklist on him This was completed and discussed/shared with the parents at the second meeting. Tristan does `seem' to be considered at risk. Further discussion on this prompted us to recommend checking with his pediatrician on the matter. I was contacted by Dr. Schneider not long after and was asked if I was aware of this being done. I did not know if it was done at that time and so stated. I later received correspondence from his mother stating that the pediatrician felt that it was difficult to ascertain if his behaviors were associated with ADHD or if they were stress-related. She also informed me that the doctor felt the behaviors might disappear when the situation is resolved. If not, then another look at him would be warranted. I remain an impartial party. Both parents, though maybe in different ways, show that Tristan is important to them and are very concerned. C WEST PERRY ELEMENTARY SCHOOLS Elliottsburg, Pennsylvania Pupil Progress Report GRADE 1 20<"i - 2001- MARKING PERIODS _ 1 _2 -3 4 MATH Recognizes and writes numbers Is learning addition facts Is learning subtraction facts Counts by 1's 'A Counts by 5's Counts by 10'a f- Mo n SCIENCE 5 SOCIAL STUDIES HEALTH PHYSICAL EDUCATION P) IN I ART MUSIC LIBRARY c? ATTENDANCE 1 2 3 4 Days absent ' Times tardy Pupil Name td L - Teacher'- ACADEMIC GRADING KEY O-Outstanding S-Satisfactory N-Needs Improvement Unsatisfactory NON-ACADEMIC GRADING KEY + - Satisfactory.,= v- Unsatisfactory v'r" I' 7`143r^L?l.)i dl, * SOCIAL AND WORK HABITS MARKING PERIODS 1 2 3 4 Works and plays well with others r Shows respect/good manners kp' .?» Obeys school, class, and playground rules Follows directions + 4- Works independently without annoying others Completes classwork on time - Is attentive Completes homework on time Displays positive attitude Contributes to class discussions Uses time wisely `4 } " Is well organized ASSIGNMENT FOR NEXT YEAR: Grade Teacher „.. ,„ hsWa.u,::.;..i? Y?,ve.a,:?aF,,.waa.,.usr,M2eo-alw"..Awellatkua;;..WmLnuwi?em:uifu?imi,.xe,s„Gnmsti1 L`rvawxw..,.hm',.ar sNeta':. ?CWkkmxn.?arii%r%.ak^K.x,'rHdamtt:x.,zw?w.?. &s.,?wns,..,it .M?+,,.«,;.„. _.. b ll W O- s r?i Y Ci, C F A UA az F A? as d' ?p aU 11 ? O S d 4 ? W q a rl N ti -.1 M ? 5 ? ? ? * a + y. u .^G rYi E? ??. J? `y F F o? z z i ca Y? O p?i ? c? w x on ? o -[ 3 d = a 'O v ? d w _ Q' ? y pm p, H ? 'w ? pit E, ? ? ?Fy rJ' :? .??C o•? C •d o0 p ? _.GL C cC LYi ? ? N C4 N C.w C ? ? 7 U 00 3 'a ,q c.3 0" a O= ?" cOi o C v d; N 'd ? N v "?' ? ? ° v F F S- o eo °N' o ?, K F u w .mac y D o 'qd ... W .7 U W c? W A. "33 m i? '+ cV t+'i 3 vt 16 -,r (V M 4 vi aD `tom 00 V .E i?, N y p 1.' g o -Z E'i v 3 0 pp w ? O ? y w bA +W- N C CL ? '? N .dp ? ??' ? ? s u cd C ? f+ N w y U U ? N t3 ? C Ir N y b0 .'?-N N N 0 OO U C ?C ° t.N._ [L pm .s5 'y? N ? y '.7 ayXi W (`1 cl; h aD [? oo D; O ate'' 16 q V i] W y o $ ;o n v O Ch W? 7 d `G'' R. N O N ? a o x o 3 N3 S ? G, y N ? ? end .a p ; C aid W ? ? ? N z ? °'C g23 ? °' M 7 N ?6 V~ 00-0, ? H H y w o a 7. N m 'G? s m 2 ? L p ? w OJ , ? w w L ~ w 78 T 4 a c° w ? c W a ' X03 w W ? oo?b ,--i rj c•i d' h aD u C rD ? vi a?i o g` a ?w N N W W U R'. W MAIN OFFICE 412 Erford Road Camp Hill, PA 17011 Stanley E. Schneider, Ed.D. Director GUIDANCE ASSOCIATES IOF PENNSYLVANIA March 25, 2002 Camp Hill: (717) 732-2917 Hershey: (717) 533-4312 Carlisle: (717) 245-2209 Chambersburg: (717) 263-9392 FAX: (717) 732-5375 Marcus A. McKnight, III, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Dan McGuire, Esquire PO Box 264 New Bloomfield, PA 17068 Dear Attorneys: Re: Killinger v. Killinger Cumberland County Court of Common Pleas No. 00-5448 Civil Action - Law Custody I am sending my findings and recommendations regarding custody of the Killinger's children, Bruce, age sixteen and Tristan, age eight. For purposes of clarification, I will refer to the father as Bruce and the son as Brucie. Bruce filed a petition seeking modification of the present custody order wanting primary physical custody of Tristan. His concern was that Tristan had been tardy for school approximately 53 times in the 2001-2002 school year. Father is also aware that Brucie, who has been living with him for the last year or so wishes to return to his mother. He does not believe the move to be in Brucie's best interest. Bruce believes that he is better able to exercise monitoring, control and supervision of Brucie, who has been in trouble with the law. Shirlene filed a petition to modify the current custody seeking primary physical custody of both children. She reports that Brucie has been asking to return to live with her and believes that the father yells and intimidates Brucie. She is willing to have Brucie return to her home if he desires to do so. 4-25'02 Lfcst' prehensive Psychological Services • Drug and Alcohol Treatment 2 Each parent and stepparent was interviewed and completed custody-related instruments including Life History Questionnaires, Parent Self-Report Data forms, Child Management Questionnaires and a personality inventory, the Minnesota Multiphasic Personality Inventory-2. Brucie, age sixteen and Tristan, age eight, were seen on separate occasions when brought in by each parent and completed custody-related instruments in addition to being interviewed. Additional information reviewed included the report cards of Jeanne Killinger's children, Ambyr and Jason Tritt. Ambyr is noted to be an average student with a strong work ethic. Her teachers describe her as a pleasure to have in class. She is prepared daily and participates in classroom activities and her attendance is good. Jason tends to be a bit above average in his academic performance. His attendance is good. His teachers describe him as a pleasure to have in class, a child who is cooperative and dependable with some need to work on study skills and focus on schoolwork. He is described as having strong work habits. Tristan's report cards and attendance sheets were also reviewed. There is a major concern regarding the possibility of Tristan having an Attention Deficit Hyperactivity Disorder. The school is tending to him in that regard with both parents being aware of the situation. There is some difference in parental response patterns regarding Tristan. In my conversation with school staff, Tristan is described as being distractible, somewhat impulsive and showing other signs consistent with a deficit disorder. There is a question as to whether Tristan takes his behavior seriously enough. Letters were received from staff at Tristan's school including Darlene Cauffman, Secretary, and Hope Smiley, Tristan's first grade teacher, as well as correspondence from and personal communication with Molly Sipes, Tristan's current second grade teacher. Information reviewed regarding Brucie includes his report cards from seventh through tenth grades, a letter from Lori Gallagher (Counselor at Big Spring High School, Guidance Department), and a brief communication with Brucie's Juvenile Probation Officer. Brucie performs adequately regarding academics and has, over the years, been noted to have some behavioral problems such as disrupting the class; being uncooperative, and failing to submit required work -- although these comments vary from year to year. I reviewed Bruce's log covering events from October 2000 through December 2001. 1 received letters from people familiar with Bruce including neighbors. Shirlene's desire to have custody of both children relates to her marriage to Barry Monismith and her seeing herself as more stabilized and, therefore, capable of meeting Brucie's and Tristan's needs. She admits to having difficulty single-parenting and dealing with getting Tristan to school on time, as well as Brucie's challenging and oft 3 times defiant behaviors. She had sufficient insight that she needed to do something regarding Brucie and felt that it would be best for Brucie to live with his father. Shirlene expressed some concern that should Brucie return to live in her home full time that he may "want to come back to run the show." She honestly admitted to being very concerned that Brucie returning to her might result in his former unacceptable oppositional, disrespectful and untrustworthy behaviors. She does not want to lose custody of Tristan and indicated that she wants Brucie to "okay being with his dad." Shirlene expressed concern about Bruce's need for power and control. She feels that he may be stifling their son's adolescent growth and development. As noted, she feels that things are more under control in her home now that she is married to Barry, is pleased with Tristan's attendance (which has greatly improved this year) and does admit that Brucie is doing better in school since he is with his father. She is okay with Brucie's current level of performance. However she expressed concern about Brucie getting inappropriately involved with Jeanne's daughter, Ambyr and perhaps one shoplifting incident. However, she does notice a major positive since Brucie has been with his father, that he has been less oppositional and much more respectful. Shirlene describes herself as very nice, loving, but indicates that "I can have an attitude." Regarding her family of origin, she describes her father as somewhat harsh. She recalls little regarding his advice and direction. There is no evidence of any major abuse or neglect. What she would have changed about her parent's behavior toward her as she was growing up would have been for them to "listen more than criticize." She admits that she did not understand lots of things growing up and did not have much insight regarding her parent's points of view. As a youngster, she was not allowed to show her emotions openly and freely which impacted her ability later on in life to engage in effective problem-solving and conflict resolution. There is a question of her engaging in negative thinking, doubting herself and "always worrying" suggesting some self-esteem concerns. She was not able to confide in both parents suggesting that they may have been somewhat distant and emotionally unavailable to her. It appears that her parents had some marital issues, which may have affected their parenting. Shirlene was subject to spankings until she was about fourteen years of age. What Shirlene would like in regard to improving her relationship with Bruce is for him to stop asking questions about what occurs in her home. She talked and wrote about the children being pumped for information by their father and her getting phone calls from him. If Brucie returns to her home she recognizes that he would have to re-enroll in his old high school and also indicates that he "would be home to help get Tristan off the bus." 4 Shirlene's written responses to a variety of hypothetical behaviors often engaged in by children reflects her engaging in acceptable forms of child management and discipline. However, she does acknowledge that she had difficulty dealing with Brucie in his early adolescence. Shirlene's personality inventory was valid. Her profile is consistent with individuals who have difficulty opening up. They are often described as having difficulty with self- confidence in a variety of situations as a result of uncertainty and poor self-esteem. There is concern noted about being misunderstood or embarrassed. Her findings are consistent with individuals who are often seen as submissive, compliant and conventional but realistic with practical interests. She endorsed items reflecting her distrusting other people because they act out only from self-interest and resort to honesty only to avoid detection. This may be how she sees Bruce. Generally,. Shirlene presents as vigilant and suspicious of other's motives. There is also evidence of cynicism and insensitivity toward the motives and feelings of others. She presents somewhat cynical about, and rebellious toward, convention. Women with her profile tend to engage in dependency types of attachments. She also tends to project blame onto others taking little responsibility on her own. Items were answered in a way to suggest anxiety, fearfulness and indecisiveness. People with her profile question their own judgment. These characteristics when seen within a parenting context have some significance Bruce's concerns relate to the children. He stated repeatedly, he wants what is best for both boys. He indicated he does not want to fight with Shirlene but also questions whether her parenting behavior is serving the boys' best interest. Bruce works a swing shift. He is sensitive to the need to have an adult at home while the children are ere and in that regard stated that he and Jeanne decided that she would change her work hours so she would be available in the event that Bruce is not. Bruce's version of the history in this family does not differ significantly from Shirlene's. At the time of separation, he was content to leave the boys with her because of his work schedule.. Since Brucie has been with him since the summer of 2000, he believes that Brucie is functioning significantly better. Where are continuing challenges between father and son but they have not escalated to the point of major concern with the end result that Brucie's behaviors are at a more acceptable level. Bruce wants to continue to provide the structure, monitoring and supervision he believes is necessary to both boys. With respect to Tristan, Bruce initiated his request to change custody in light of the number of times Tristan was tardy in the first grade. He believes that he is the better parent to provide the support, assistance and monitoring and be more responsive/responsible in addressing Tristan's needs. He talked about Tristan's teacher's concerns about Tristan's emotional state and social relationships as well as his behavior impacting his academic performance. He wishes to retain custody of Brucie in order to continue "to straighten him out." 5 Brucie is currently on probation and is to engage in community service and receive counseling. A brief contact with his probation officer reflects that Brucie is doing well. Should the situation between father and son worsen in any regard, Bruce indicates a willingness to get into counseling with Brucie. To date that is not necessary. Bruce does not see his son as having the ability to manipulate him -- as he believes Brucie can with his mother. Review of Bruce's log reflects his concern about Shirlene's ex-boyfriends, questioning her supervision, Brucie being out of control and his unacceptable, illegal and inappropriate behaviors in the community, at home, and at school. Bruce is sensitive to Shirlene's relationship with the boys but clearly sees himself as the parent in the better position to address the boys' needs. Bruce's parenting techniques suggest that after an initial talk/explanation, he may engage in more direct and forthright strategies. For example, his response to how you would handle a child using profanity was that he would issue a stern warning, then a taste of soap, and then.a mouth slap. Bruce completed the seminar for separating parents, which he reportedly enjoyed. There are no reports of any frequent or repeated use of corporal punishment by Bruce. However, should they occur, he would benefit from a child management program. Bruce's experiences in his own family of origin reflect him being imbued with positive values and a good work ethic. His father reportedly used alcohol, perhaps excessively. Bruce has evolved into a responsive and responsible individual. There was physical punishment with his reflecting that "the belt" was used. Unfortunately, he does not report many positive memories. He wishes to create an integrated functional family system as a result of his own experiences growing up. Regarding the current custodial arrangement, Bruce expresses frustration with Shirlene in her attempt, from his perspective, to restrict his time with Tristan. He believes that she will do whatever she can to "keep Tristan from me other than my weekends." He does not believe that Shirlene sees how Brucie has improved under Bruce's parenting style of being very involved exercising control, supervision and discipline. He would like Shirlene to involve him more in Tristan's life and is experiencing some distance as evidenced by Tristan who may be experiencing some loyalty conflicts. Should the current custody remain as it is, he would like Shirlene to understand why Brucie needs to be careful of who he spends time with while he is in her home. He would like Shirlene to promote more time between himself and Tristan and he would like Shirlene to be less suspicious. He would also like to communicate with Shirlene "until these guys are grown up." He states his efforts to contact Shirlene are not so much to be in her life as to be involved in the boys' lives. Bruce's personality profile was questionable. It was marginally valid. He endorsed items reflecting his being intolerant of frustration and having angry tirades and feeling 6 constrained by external circumstances. Worry, stress, tension and a question of emotional under-control are all also noted. People with a similar pattern of answers have difficulty controlling their anger. They tend to be impatient and grouchy. Loss of self-control is possible. There is a sense of chafing, reflecting an underlying rebelliousness and resistanceness. He endorsed items reflecting his feeling estranged and misunderstood with underlying resentment, dysphoria and deprivation. High scores such as his have come to anticipate that other's will withhold emotional nourishment (affection, support, and encouragement). Some of these personality traits and characteristics may be seen by other's in the family system when they describe Bruce as being controlling. The source of this, in particular, is Brucie. Shirlene, as noted, also made reference to Bruce's need for control. Should he retain custody of Brucie and gain custody of Tristan, Bruce would benefit from a few sessions of counseling to help him address some of these characteristics and resultant behaviors. Barry .Monismith, the childrens' stepfather, is a full time carpenter/painter who reports working for a contractor. He also has a second. job in an effort to improve their credit and make more money. Barry was born and raised in Carlisle, had average grades and left school in the tenth grade, at age sixteen, to.go to work. He got his GED before he quit. He was in the Army for two years and received an honorable discharge. He has held three or four jobs since he quit school. He was fired one time from Pfaltzgraff, after six years for his "screwing up a computer program." He has been self-employed for three seasons. He married at age twenty-seven with that union lasting for about ten years, producing one child. He reports his ex-wife as trying to cause problems between himself and Shirlene. Barry has a second child age thirteen, who is being raised by Barry's mother. Barry sees his daughter three or four times a week. Barry was very open and honest in his presentation. He is concerned about Brucie acquiring a low opinion of women, should he remain in the custody of his father. He also acknowledges that Brucie does contact a young man Brucie should not be involved With. This contact occurs when Brucie is at his mother's house. Barry relates well with Brucie and believes he can assist and support Brucie through his adolescence. He sees Brucie as respectful and as an easygoing youngster. When asked, he admitted to a possible negative influence on his son, JR, and Misty given Brucie's acting out against Ambyr. Barry's personality profile is valid and reflects a favorable self-presentation. This can indicate a psychologically naive individual and could also lower his clinical scales. There is no evidence in his personality profile or in anyone's description of Barry to suggest any concerns about his functioning as a stepparent. His profile was consistent with individuals who are seen as generally worry-free, persons who have little self- doubt, tend to be self-directed, overly confident, generally capable, decisive and cool under pressure. Specific answers denote a trusting attitude, naive optimism, and denial of negative feeling about other and imply a need for affection. People with his profile tend to be clear thinking. There were no concerns raised by any of the parties involved in this matter regarding Barry's interaction with either child. Jeanne works at Dickinson in the Dining Services Department -- where Brucie works on a part-time basis. As indicated, she and Bruce make sure one of them is home when the children are home from school. Jeanne has two children who she is raising, Jason, age fifteen and Ambyr, age thirteen. She divorced five years ago. Her ex-husband is described as a farmer who "was never there and not family-oriented." They were married eleven years. She feels her ex- husband is still very bitter toward her. Jeanne took Ambyr to counseling for divorce- related stress. Jeanne was born and raised in Cumberland County, graduated high school in 1985. She has had five jobs since high school, the longest about six and a half years at Carlisle Tire and Wheel. During her school years she does not report any detention, suspension or expulsions. She has never been fired. She has never been involved in mental health counseling. There is no.history of drug and alcohol use or misuse. She has never been involved with the criminal justice system. Her credit is good. Jeanne met Bruce at work. They had been friends for a number of years. She believes that she and Shirlene are currently civil, indicating that there is no conflict between the two of them. Jeanne presents herself as sensitive to the custody divorce/separation issues on the kids. She recognized the burden on the children and the related stress that the underlying tension between Bruce and Shirlene bring to the situation. She also notes different rules in each household. Regarding Brucie she sees him as adjusting very well to the current regimen and structure in their home. She evidences a strong value system regarding parenting and presents herself as willing and able to continue to help Brucie through the remainder of his adolescence and also work with Tristan should Bruce get custody. She is aware of Tristan struggling academically in the second grade. There is nothing noteworthy in Jeanne's family of origin that would impact her functioning as an adult. The only change she would wish her parents to have made is for her dad to have been around more. She also would have wanted more verbal interaction between her and her parents. She was not allowed to express her feelings, thoughts or attitudes in her family. She had to hold her feelings inside. If someone disagreed with her she usually gave in to keep the peace. Regarding discipline she would have liked her parents to have yelled less and talked more. Jeanne raised some question -- without any support -- of Barry's reportedly being arrested for abusing his wife. This was not an issue raised during the course of this evaluation and does not appear, if in fact it occurred, to be a concern regarding custody of the two children at this time. No one talked about Barry losing his temper or acting out in any fashion. Jeannne agrees with Bruce regarding Shirlene in not allowing Tristan to have an open relationship with his father. She believes that will only "hurt Tristan in the long run." She is sensitive to the notion that should Tristan live with his father and herself that he would need to leave his friends and his current school but that would be out-weighed, in her opinion, with his being with his brother and father in their home. Jeanne's child managementldiscipline techniques are appropriate. However she also would revert to soap in the mouth as would Bruce. However, there is nothing in her responses to suggest that she would act out physically. She would remove privileges and limit activities if unacceptable behaviors continued. Jeanne's personality profile was valid. She was somewhat defensive and reluctant to admit to problems and denied common human frailties. She presents as an individual confident in her abilities, comfortable, friendly, expressive and assertive. Her responses were scored in a direction suggesting denial of impatience, irritability or anger and generally being emotionally self-contained, perhaps over-controlled in that regard -- consistent with how she was raised. Personality characteristics generally reflect a person who is relaxed with a tendency to avoid conflict, competition and confrontation. She would tend not to be impulsive or emotionally over-reactive. Brucie, when seen on both occasions, consistently expressed a desire to return to live with his mother. He admits to his inappropriate, unacceptable and illegal behaviors. He believes he has the ability to control and manage himself should he return to live with his mother. Instead of challenging her, as he had done historically, he now believes he would go to his room, evaluate the situation and return to mother, basically change the subject -- which would not necessarily address and resolve the situation. He complains about his father's control and at times, feels like he is being treated "like a criminal." He expresses concern about his father's reported screaming and "going crazy." This apparently results in Brucie feeling he has to be fairly vigilant when around his father. Brucie was asked to identify reasons to return to his mother's home. He stated that things are better at his mother's, that she is more settled and that she does not "run like she used to." Brucie likes his stepfather. He says that when he is there on weekends there is less fighting. Brucie is interested in music and acknowledges that his talk about same irritates his mother. He admits that he would have more freedom if he lived with his mother. 9 Reasons he presents to remain with his father relate to his not having to move, "my stuff," the need to not change schools. Brucie however said "it would be awkward going to West Perry High School where he would attend if he lived with his mother. He could also keep his job at Dickinson College if he remained with his father. Regarding Tristan, Brucie believes that Tristan has a good relationship with his father, that mom was late getting Tristan to school and is still late at times getting Tristan to wrestling practice. Brucie sees his father as punctual. He describes his father as spending free time with Tristan and that Tristan does not get into trouble like Brucie does when at his father's. He also said that mom is "usually busy when it comes to Tristan." Brucie was in treatment at Perry Human. Services in the summer of 1999. There is reference to his possible use of marijuana during the summer of 2000. This was noted both in the letter from Perry Human Services as well as in Bruce's log. Tristan presents as a very alert and aware, verbal eight-year-old youngster, currently in the second grade. He was seen on two occasions and on both times was clean, healthy looking and shared his observations clearly, honestly and openly. Tristan identifies with his mother more strongly than with his father. He relates that he gets along best with JR, mom and Barry and worst with his brother Brucie. Tristan's wishes relate to his getting along better with a friend of JR's and his brother. There were no concerns or issues raised by Tristan about his living arrangement. Tristan did indicate that sometimes he is late getting to wrestling practice. Tristan was able to identify a number of positives about his mother and would like to change nothing about her behavior toward him. Regarding his father, he indicated his father would like to spend time with him, that he is nice toward him (Tristan) but the major change being that Bruce and Brucie would get along better. He also indicated he would like his father to stop asking him questions about his mother. Overall, the findings indicate that Tristan has a very strong pull toward his mother. A review of Tristan's school situation reflects some concern. In a recent conversation with school personnel, it was learned that information was asked from mother with no response to date back to the school. They also note that the father had not been in contact to date either. They note Tristan to evidence some characteristics reflective of ADHD such as hyperactivity, distractibility and impulsiveness. He is emerging into the class clown. His current teacher did note that Tristan's behavior following a day his dad visited was greatly improved. She stated that Tristan seemed more relaxed and open to teacher's suggestions concerning his work. 10 I spoke with Shirlene and she admitted that she had not informed the school of the results of her reported contact with Tristan's pediatrian. This appears to reflect some irresponsibility and inattentiveness on Shirlene's part. A major area of focus is the parents' attentiveness to the child's needs. A most important parental skill is recognizing what aspects of a given situation should become a focal point of parental action. A parent who recognizes and acts (or not reacting if no action is indicated) on a situation is a parent who has the potential to make useful and needed contributions to a child's upbringing. Based on background information, interviews, test findings, information obtained from custody-related instruments as well as review of collateral data, I believe it would be in Brucie's best interest to remain in the primary physical custody of his father. He is doing much better in that environment than he did living with his mother. Regarding Tristan, the school expressed some concern that Tristan is not taking his own behavior very seriously which reflects that his behavior may not be a topic of concern in his current primary living arrangement. The school notes some lack of responsiveness from the primary parent, Shirlene. They further noted that Bruce has made attempts over the past months to be a physical presence at the school. This was noted by the school secretary as well as Tristan's current teacher. I believe, therefore, that it may be in Tristan's best interest to live primarily with his father during the school year beginning with third grade. Bruce's personality, characteristics and parenting behaviors offer more structure, control, supervision and monitoring than I believe Shirlene does, given her history with Brucie and the current concerns regarding Tristan. Non-school times such as most weekends and off school days as well as the summer can be spent with mother. Tristan's schooling is his major occupation at this point in time in his life and needs to be attended to in a more proactive and concentrated manner. spectfully, Stanley E. Schneider, Ed.D., R.C.E. Psychologist Registered Custody Evaluator SES/aw/cs Ms,ili WEST PERRY ELEMENTARY SCHOOLS Elliottsburg, Pennsylvania Pupil Progress Report GRADES 2 and 3 20 Ol - 20 02 MARKING PERIODS 1 2 3 4 MATH ] Able to recall basic addition facts Able to recall basic subtraction facts Able to recall basic division facts Figures accurately Reads and interprets problems SCIENCE S S SOCIAL STUDIES Q G+ HEALTH j Ca PHYSICAL EDUCATION ART music LIBRARY ATTENDANCE 1 2 3 4 Days absent - - /}+p ^ I Times tartly 47-5.02- L?Y_-r Pupil Name °Tsaisa -nn illinger Teacher o a Sipea ACADEMIC GRADING KEY A 90-100% B 80-89% C 70-79% D 60-69% E Below 59% NON-ACADEMIC GRADING KEY O-Outstanding N-Needs Improvement S-Satisfactory U-Unsatisfactory SOCIAL AND WORK HABITS MARKING PERIODS 1 2 -3 4 Woks and plays well with others "^ - Shows respect/good manners Obeys school. class, and playground ruled '" Follows directions Works independently without annoying others tf •1 I`I Completes classwork on time Is attentive Completes homework on time r^ S+ 0 Displays positive attitude , /V rL? 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'av in C] x rivom ram ' wH N.!-'Or.". 0 NLwa rr0 roN'n H aI 3 r '•' =' d x 4 n POW ;- N'0 ^ fl h7"'H 0 0. ::r A 7 A 0 0 LF] 3 0 G• F. 11 . C1 9! ;u Kip yr I m. 0 {n Z 4 u q n w H a ry W o N -__--__---- •h .n ds o g ct , n `? - N o ar T rn c+ s Ow 11?? 14 •O?e C d Iti a r0 ma f1 .K , b U ® as s as in as qW?-. Y 'e Hm H W Qom: WH 5t tt-- H u i rt, :p Cn w rn rn 1 rc- N n x.: n W - e --- K :N a..1ro?n 0? to of onus rna n p I I-' Fl C+ r; a a ,ry w W W fir p 0 vl I o N p' t1. Sq ! N N• a ^' r ?7 x [q ?u H a .. .. H 14 pq C: MM, 1- m ?M to Sp P. ' • 1% U n g -].GN31 - ... - ID li] O+DHM ? I W n n H n ? ? o H W i H -"- - I i ''t 1? G .,,y ? ny in m J f A 0 +A ? .aC If e: . A. 6:? ' f ; Zi is n ;f. i+ .J I_ t l iF U U i.1 i i1 t<< "W 'J ,y.?4f3 +y :A .?t4 :d n 7 t5 .. .. .... f [: .1 D IA iP A n .110 0 )1 rt p :. o H-0 y U r,F '1 7 R n ) i, 0 5 rs +• M i3 T B. SHIRLENE (KILLINGER) MONISMITH, Petitioner/Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE E. KILLINGER, JR., NO. 2000-5448 CIVIL TERM Respondent/Defendant IN CUSTODY PRE-HEARING MEMORANDUM AND NOW comes the Petitioner/Plaintiff, B. Shirlene (Killinger) Monismith, by and through her attorneys, Irwin, McKnight & Hughes, Esquires, and files this Pre-Hearing Memorandum setting forth as follows: I. SUMMARY OF CASE: The parties are the parents of two (2) children. The oldest child, Bruce E. Killinger, III, age 16, born November 29, 1985. He is a tenth grade student attending Big Spring High School. He is in the primary care of his father. The younger son is Tristan M. Killinger, age 8, born December 11, 1993. He is a second grade student and attends Blain Elementary School. He has always been in the primary custody of his mother. II. ISSUES: Whether Bruce E. Killinger, III, should change custody in order to reside with his mother beginning in September 2002? Whether Tristan M. Killinger should remain with his mother, B. Shirlene (Killinger) Monismith. III. POSITION OF MOTHER: The mother's position is that Tristan's desire to remain with her should be respected. Bruce E. "linger, III, should be permitted to return to his . mother's home in the fall. The father will continue to have significant contact with both boys. The father filed a Petition for Custody of Tristan on June 7, 2001. The mother filed a Petition for Custody of Bruce E. Killinger, III, on June 27, 2001. Both children have repeatedly expressed a desire to reside primarily with their mother, B. Shirlene (Killinger) Monismith. IV. WITNESSES: 1. B. Shirlene (Killinger) Monismith R. D. #2, Box 49L, Loysville, PA 17047 will testify regarding her relationship with her children . 2. Barry Monismith, R. D. #2, Box 49L, Loysville, PA 17047 will testify regarding the relationship between mother and children as well as his relationship with the children. 3. Tristan Killinger, son of the parties, will testify regarding his relationship with his parents and his desire to remain with his mother. 4. Bruce E. Killinger, III, 728 Bloserville Road, Newville, PA 17241, son of the parties, will testify regarding his relationship with his parents and his desire to live with his mother. 5. Pastor Kenneth O. Hoke, 101 Claridon Place, Carlisle, PA 17013, will testify as to the parties, their relationship with the children, and Mr. Killinger's problem with anger. 6. Barry Palakovic, R. D. #1, Box 33H1A, Loysville, PA 17047, will testify as to Tristan's involvement with wrestling and the parents involvement. 7. Gena Campbell, sister of the mother, 105 Shed Road, Newville, PA 17241, will testify as to the relationship between the parties and the children. 8. G. Eugene Stambaugh, the grandfather, 2821 Enola Road, Carlisle, PA 17013 will testify as to his involvement with the children and their response to the parties. 9. Barbara Stambaugh, the grandmother, 2821 Enola Road, Carlisle, PA 17013 will testify as to her relationship with the children and their response to the parties. 10. Margaret Stambaugh, the great-grandmother, 250 South Spring Garden Street, will testify as to her relationship with the children and the father's violence she has witnessed toward the children. 11. Lois Kreitzer, 18 Mountain View Terrace, Newville, PA 17241, will testify as to the relationship of the boys to their mother. 2 12 Beth McGowan, a former babysitter, 40 Ken-Mar Drive, Shermans Dale, PA 17090, will testify as to her contact with the parties and the children. 13. Mr. Molly Sipes, teacher of Tristan, will testify (via telephone interview) regarding Tristan's progress and his desire to remain with his mother. 14. Bruce E. Killinger, as on cross examination. V. CONCLUSION: The father has a problem controlling his anger and the desires of the children to reside with their mother a majority of the time should be respected. The father will continue to maintain a relationship with his sons. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Mare is A. Mc "t, IM, Esq. 60 West Pomfr et Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 24, 2002 3 B. SHIRLENE HILLINGER, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRUCE E. HILLINGER, JR., NO. 2000-5448 CIVIL TERM Respondent/Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Hearing Memorandum was served upon the following by facsimile transmission and by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Barbara Wevodau, Esquire 26 East Main Street P. O. Box 459 New Bloomfield, PA 17068 IRWIN, McKN T & UGHES By: Marcus 'A. McKnighf, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 24,200"' 4 B. SHIRLENE KILLINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE E. KILLINGER, JR 00-5448 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 15th day of August , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 11th day of September , 2000, at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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, By: /s/ Melissa P. Greevy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 00 CVIYI'I??L?Fi' "?NN3?C?,gNq?MY . .. &b+. "WT4.9HIEa4N?3Faid?.T?,Fary '_ B. SHIRLENE KILLINGER, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - LAW 20005" CIVIL TERM BRUCE E. KILLINGER, JR., Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, . on the day of 2000 at M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may alsc be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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 scheduling conference or hearing. B. SHIRLENE KILLINGER, Petitioner V. BRUCE E. KILLINGER, JR., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2000 -'??CIVIL TERM IN CUSTODY AND NOW, this 3rd day of August 2000, comes the Petitioner, B. Shirlene Killinger, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is B. Shirlene Killinger, an adult individual residing at R. D. #2, Box 49L, Loysville, Perry County, Pennsylvania 17047. 2. The respondent is Bruce E. Killinger, an adult individual residing 3047 Rimer Highway, Apt. #1, Carlisle, Pennsylvania 17013 3. The parties are the natural parents of two minor children, namely, Bruce E. Killinger, III, born November 29, 1985 and Tristan M. Killinger, born December 11, 1993. 4. Petitioner desires primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McRUGHT & HUGHES Attorney for Petitioner, \ Shirlene Killinger 60 West Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: August 3, 2000 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ,-B, A&'. wb-,'?? SH ENE KIL GE 0 -7 Date: 0 -J 2000 0 C CD C:) STS ., ?j cn L O Tin o C7% -< BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE E. KILLINGER, JR. DEFENDANT 00-5448 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 11, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, July 02, 2001 at 9:15 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greevy, Esc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 vAc /.3 Z? X3 BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff :. OF THE 9th JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. :. No. 00-5448 Defendant CIVIL ACTION-CUSTODY ORDER AND NOW, this of June, 2001, Petition for Modification of 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 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 (5) 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: Custody Conciliator The Cumberland County Court of Common Pleas for the 9a' Judicial District 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE SP JUDICIAL DISTRICT :. OF CUMBERLAND COUNTY V. :. PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant CIVIL ACTION-CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 OFFICES 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 CENTRAL PENNSYLVANIA LEGAL SERVICES 213A NORTH FRONT STREET HARRISBURG, PA 17101 1-800-932-0356 BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE 9's JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant CIVIL ACTION-CUSTODY PETTI'ION FOR MODIFICATION OF CUSTODY ORDER NOW COMES, the Defendant, BRUCE E. KILLINGER, pursuant to 1915.1 et seq. of the Pennsylvania Rules of Civil Procedure to petition this Honorable Court to modify the order entered in the above-captioned matter on October 23, 2000. In support of this petition, Plaintiff asserts the following: 1. Petitioner, BRUCE E. KILLINGER, is an adult individual residing at 728 Bloserville Road, Newville, Cumberland County, Pennsylvania. 2. Respondent, BARBARA S. KILLINGER, is an adult individual residing at RD #2 Box 49L, Loysville, Perry County, Pennsylvania. The subject children of this action are BRUCE E. KILLER, Jr., Born 11-29- 85, and TRISTAN M. KILLINGER, Born 12-11-93 (hereinafter `Bruce" and/or "Tristan" or the "minor children.") 4. Petitioner is the minor children's natural father. 5. Respondent is the minor children's natural mother. 6. On October 23, 2000, an order was entered that vested Petitioner/Father with primary physical custody of Bruce and vested Respondent/Mother with primary physical custody of Tristan. 7. Since the entry of this order, circumstances have changed such that the best interests of Tristan would be served by vesting Petitioner/Father with primary physical custody of Tristan. WHEREFORE, Petitioner/Father respectfully requests that this Honorable Court enter an order modifying the order entered on October 23, 2000 such that Petitioner/Father would be vested with primary physical custody of the minor child TRISTAN M. KILLINGER. Respectfully submitted: Attorney for Plaintiff Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE 0 JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant CIVIL ACTION-CUSTODY VERIFICATION I verify that the statements made in the above-referenced PETITION FOR MODIFICATION OF CUSTODY ORDER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. DATE: 5 7- O/ Bruce E. Killinger, Jr. BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE 9'h JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant CIVIL ACTION-CUSTODY I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing PETITION FOR MODIFICATION OF CUSTODY ORDER was served upon BARBARA S. KILLINGER, Plaintiff in the above-captioned matter, by mailing a copy of said PETITION from the New Bloomfield Post Office via first class mail postage prepaid to the following addresses: Marcus A. McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 DATE: _ Tu'n's- S-. 2co/ __ Attorney for the Defendant Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 AMERICANS WITH DISABILITIES ACT OF 1990 The Cumberland County Court of Common Pleas for the 9a' Judicial District 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 my 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. c> mc` r C7 IJ G v C7 n a' T r U m 3a3 cn -e B. SHIRLENE KILLINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE E. KILLINGER, JR. DEFENDANT 00-5448 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 12, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, July 30, 2001 at 3:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy, Esq. Jp Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ' rr rj 71 Z;tv 4 B. SHIRLENE KILLINGER, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2000-5448 CIVIL TERM BRUCE E. KILLINGER, JR., Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of . 2001 upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, . on the day of 2001 at M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator 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 (717) 249-3166 1-800-990-9108 B. SHIRLENE KILLINGER, Petitioner V. BRUCE E. KILLINGER, JR., Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2000-5448 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 26th of June 2001, comes the Petitioner, B. Shirlene Killinger, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is B. Shirlene Killinger, an adult individual residing at R. D. #2, Box 49L, Loysville, Perry County, Pennsylvania 17047. 2. The respondent is Bruce E. Killinger, Jr., an adult individual residing at 727 Bloserville Road, Newville, Pennsylvania 17241. 3. The parties are the natural parents of two minor children, namely, Bruce E. Killinger, III, born November 29, 1985 and Tristan M. Killinger, born December 11, 1993. 4. Petitioner desires primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the children and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: _ Marcu, A. McKn' , sgmre Attorney for Petitioner, B. Shirlene Killinger 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 26, 2001 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in th is document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 'Rd WA - ?6^ BARBARA . KILL GE Date: June 26, 2001 B. SHIRLENE KILLINGER, Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2000-5448 CIVIL TERM BRUCE E. KILLINGER, JR., Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Modification of Custody was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Daniel McGuire, Esquire P. O. Box 264 New Bloomfield, PA 17068 Attorney for the Defendant By: Date: June 26, 2001 60 West Pomfret Street Carlisle, PA 17013 .(717) 249-2353 Supreme Court I.D. No. 25476 TRESSLERCARE Diakon Lutheran Social Ministries SPECIALIZED IN-HOME TRF,ATMF.NT PROGRAM TREATMENT PLAN YOUTH Bruce F ercon Killinger, iii DATE OF PLACEMENT 06104162 Bruce and Jeanne FATHER & STEPMOTHER Killinger, TR DATE OF MEETING 06/19/02 REFERRING COUNTY Cnmherland .iPO CASEMANAGER Joan i,otz TREATMENT TEAM MEMBERS PRFSFNT? Brice Killinger, III, Bruce and Jeanne Killinger, JR, Joan Lotz, Suzanne Dell (Family Therapist), Bill Love (Individual and Group Co-Therapist), and Jane Yeatter (Group Co-Therapist and Clinical Director). TREATMENT TEAM MEMBERS NOT PRFSF.NT: Darby Christlieb (Cumberland County JPO). REASONS FOR PLACEMENT- On 11/13/01, Bruce admitted to Aggravated Indecent Assault and Indecent Assault with the 12 year old daughter of his father's fiance occurring between 10/00 and 09/01 in the residence that they all shared. Brice started Growth and Responsibility Group (GRG) on 01/15/02. Due to escalating parent/child conflict including an incident on 05/30/02 during which Mr. Killinger punched Bruce for his verbal disrespect, the family has been referred to the Specialized hi-home Treatment Program. Bruce has many positive things going for him and his parents have requested help to address and resolve their conflicts. BRi CF'S STRFNGIRS' Really smart, good at guitar, good at writing, likes his hair, imagination, can communicate, works to connct with family, intelligent, can express his own point of view, can make others think, can forget about a fight afterwards, good hair, open, takes responsibility, able to hear a different point of view, assertive, reflective, can follow structure in home, extremely insightful, sensitive, wants to do well, sense of humor, leadership, and so much potential. i. Presenting Problem Bruce sexually offended his twelve year old step-sister. Objective. Bruce will develop a comprehensive understanding of the dynamics which resulted in his sexual offending, and develop behaviors and thinking 950 Cepym&rg),g which placed him at low-risk to re-offend. P.O. Box 2001 Mechanicsburg, PA 17055-0707 ptAINTIFFS Phone 717.795.0320 EXHIBIT Fax 795.0445 www.diakon.org F( 4_( ( ACTION STEPS: TTMEi WHO'S RESPONSIBLE- a. Bruce will identify and take Ongoing Bruce and Treatment Team responsibility for all sexual acting-out Members behaviors. b. Bruce will regularly talk about his Ongoing Bruce and Treatment Team offending behaviors in therapy to Members develop self-understanding. C. Bruce will attend and participate Ongoing Bruce and Treatment Team actively in Growth and Responsibility Members Group (GRG) and individual therapy, and complete other workbooks and assignments as requested. d. Bruce will identify precursors to Ongoing Bruce and Treatment Team offending, distorted thinking, and Members grooming and maintenance behaviors. e. Bruce will identify and practice Ongoing Bruce and Treatment Team corrective thinking and low-risk Members behaviors. f. Brice will develop a Relapse Ongoing Bruce and Treatment Team Prevention Plan, which addresses all of Members the dynamics that contributed to his sexual offending. g. Bruce will consistently demonstrate Ongoing Bruce and Treatment Team skills and abilities necessary to cant' Members out this plan. h. Bruce will demonstrate an Ongoing Bruce and Treatment Team understanding of how his sexual Members offending affects his step-sister and family members. i. Bruce will explore his attitudes and Ongoing Bruce and Treatment Team beliefs about women, and identify how Members these fit in to his sexual behaviors. j. Bruce will refrain from all sexual Ongoing Bruce and Treatment Team activity while in treatment. Members 2. Presenting Problem: Bruce has fears and in securities which result in confusion about who he is and poor relationships. Objective- Bruce will identify his fears and insecurities, figure out how to overcome them, and develop a strong and positive self-concept. 2 a. b. C. d. e. f. 9. h. h. 3. a. b. C. ACTION STEPS: Bruce will identify his fears and anxieties, including fears of rejection, connecting emotionally to others, and the responsibility of doing well. Bruce will figure out how to address and overcome these fears and insecurities. Bruce will identify and trust his feelings. Bruce will look at trust and power issues in his relationships with peers, adults and family. Brice will develop a positive identity and figure out how to establish himself with others in positive ways. Bruce will develop accurate self- appraisal skills and strong self- approval. Bruce will explore his need to be accepted by peers and learn how to be his own person in the company of others. Brice will examine who he is in relationships with females. Bruce will learn when and how to voice his opinion. TIME* WHO'S RESPONSIBLE- Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Presenting_Prohlem: Bruce gets angry, intellectualizes, and creates more problems for himself and others. Objective- Bruce will develop self-responsibility to himself and others., which includes practicing effective decision-making and problem-solving skills. ACTION STEPS: Bruce will identify his thinking errors which get in the way of taking full responsibility for himself. Bruce will establish his priorities and follow through in a timely way ("don't procrastinate"). Bruce will identify how he can develop positive control in his life and in relationships. TiMR: WHO'S RESPONSIBLE: Ongoing Bruce and Treatment Team Members Ongoing Bruce and Mrs. Varner Two months Bruce and Treatment Team Members 3 d. Bruce will identify his passive- aggressive behaviors, and replace them with assertive behaviors. e. Bruce will learn to think before acting and develop an understanding of the consequences of his words and behaviors on others. f. Bruce will identify an effective process for making decisions and solving problems, and will practice this process regularly. g. Bruce will follow through with expressing himself so that he doesn't avoid issues - don't "vacate", h. Bruce will recognize and appreciate the risks he takes and make better decisions. i. Bruce will ask for his needs and wants directly, and accept any limitations. j. Bruce will identify skills needed to resolve conflict, and will work proactively to work things out with others. k. Bruce will hold himself accountable to be all he can be. 1. Bruce will complete community services hours. 1. a. b. Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Darby Christlieb Presenting Prahlem- Bruce works hard to do the minimum just to get by and doesn't always succeed at that. 0h;er}ive. Bruce will give school his best effort and develop a solid foundation for his future. ACTION STEPS: Bruce will give his best effort and complete all work to pass his summer school classes. Bruce will identify his thinking errors which get in the way of wanting to live up to his potential. TIME, WHO'S RESPONSIBLE, Through July Bruce and Treatment Team Members On-going Bruce and Treatment Team Members 4 C. Bruce will attend regularly and follow all rules so that he meets all requirements to successfully pass his classes. d. Bruce will begin to explore post-high school options. e. Bruce, JR and Jeanne will maintain contact with school personnel and look for opportunities to support Bruce's positive academic and social efforts. Through July Bruce and Treatment Team Members On-going Bruce and Treatment Team Members Ongoing Bruce, JR, Jeanne and Treatment Team Members 2. Presenting Problem: Bruce needs to establish a positive work history. Objective: Bruce will obtain summer employment. ACTION STEPS: TIME. WHO'S RRSPONSTRT,F_ a. Bruce will work at Dickinson College. August Bruce, Bruce, JR and Jeanne b. Bruce will work with his parents to Ongoing Bruce, Bruce, JR. and develop a plan and skills to manage his Jeanne earnings. 1. a. b. C. d. Presenting Prohlem• Bruce has unresolved anger towards his father, and the conflict between Bruce and his father and stepmother has escalated. Objective. Bruce will resolve issues in his relationship with his father, and he and family members will realign their relationships and roles to more effectively get their needs met. ACTION STEPS: Bruce will identify the reasons for anger at this father. Bruce and his father will work together to resolve issues and build a positive and trusting relationship. Family members will figure out how they need to redefine their roles and relationships. Bruce will identify how he fits in with his family. TIME: WHO'S RESPONSIBLE- Ongoing Bruce and Treatment Team Members Ongoing Bruce, Bruce, JR and Treatment Team Members Ongoing Family members and Treatment Team Members Ongoing Bruce and Treatment Team Members 5 e. Bruce will figure out how to interact Ongoing Bruce and Treatment Team with his father and Jeanne so that he Members doesn't have to "do battle". f. Bruce and family members will look at Ongoing Bruce and Treatment Team power issues and identify how Bruce Members can achieve positive power and control within the family. g. Bruce will identify how to solve Ongoing Bruce and Treatment Team problems and get his needs met within Members the family. h. Family members will identify how to Ongoing Family members and meet the needs of individual members Treatment Team Members within the family. i. Family members will establish Ongoing Family members and structure and routines which help all Treatment Team Members family members work together. j. Bruce, JR and Jeanne will establish Ongoing Bruce, JR, Jeanne and priorities and set clear and consistent Treatment Team Members rules and discipline for Bruce. k. Bruce, JR, Jeanne and Bruce will Ongoing Bruce, JR, Jeanne and identify rules for Bruce's relationships Treatment Team Members and activities. 2. Preventing Prohlem- Bruce needs support to complete the treatment process and remain at low risk to re-offend. Objective, Bruce and his parents will receive education about the cycle of sexual offending, develop a complete understanding of the dynamic/risk factors which resulted in Bruce's sexual offending, understand how to intervene in Bruce's offense cycle, and resolve emotional issues related to Bruce's offending. ACTION STEPS: TIME: WHEYS RFSPONSIRLEi a. Bruce will accept full responsibility for On-going Bruce and Treatment Team his sexual offending without Members minimizing or denying. b. Bruce, Bruce, JR and Jeanne will Ongoing Bruce, Bruce, JR, Jeanne follow through with expectations and and Treatment Team agreements, as listed in the Family Members Contract. C. Bruce will use family therapy to share Ongoing Bruce and Treatment Team what he is learning with his father and Members Jeanne. 6 d. Bruce, JR and Jeanne will develop an understanding of the sexual offense cycle, grooming and maintenance behaviors, and precursors to re- offending. e. Bruce will involve his father and Jeanne in the development of his Relapse Prevention Plan. f Bruce will show his family that he understands how his behaviors have affected them. g. Bruce will consistently follow all household and supervision rules. h. Bruce, JR, and Jeanne will understand what they can do to help minimize Bruce's risk to re-offend. i. Bruce, JR, Jeanne, and Bruce will learn to talk about sex and Bruce's dating. Ongoing Bruce, JR, Jeanne and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members 2. Presenting Prnblem- Bruce is in the middle of a custody battle between his mother and father. Objeefivem Bruce will identify how he fits in with his family, learn to manage the differences, and identify how to get his needs met, regardless of the results of the custody decision. ACTION STFPSi a. Bruce will sort out the messages that he gets from family members. b. Bruce will identify how he fits between both families. C. Bruce will identify and understand the relationship he has with his mother. d. Bruce will be careful not to contribute to problems and conflict among family members. e. Joan will meet with Bruce's mother to provide education about Bruce's offending issues and treatment. f. Joan will meet with Bruce's mother to begin to identify Bruce's continuing role with her. TiMF: WHYS RF,SPONSTBLF.- Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Bruce and Treatment Team Members Ongoing Joan and Shirlene Killinger Ongoing Joan and Shirlene Killinger 7 g. Bruce, JR, Jeanne and Bruce will work Ongoing cooperatively to identify and resolve issues necessary for cooperation between families. Bruce, JR, Jeanne, Bruce and Treatment Team Members Anticipated discharge date: October 2002 Treatment Plan Review and Update: _Tuesday , September 4, 2002 at 5:00 PM Submitted by: JeA"Yeatter S, MS Director of Ch 'cal Services II Reviewed by: oan Lotz Temporary Casemanager (Clinical Director of TAPP) BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE 9s' JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant :. CIVIL ACTION-CUSTODY ORDER odwber AND NOW, this B-t?4 of4am, 2001, upon consideration of the Defendant's Motion for a Continuance, it is hereby ordered and directed that the Custody Hearing scheduled for October 19, 2001 is hereby continued until the Y"e4 day of Z ? 20021 at c;,3 m. Vic- * `` BY THE COURT: J. ' Oil ?o. Distribution: Marcus McKnight, Esq. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Daniel McGuire, Esq. P.O. Box 264 New Bloomfield, PA 17068 ;... _ ?? - - it4YY%PoILS ...-.?=? -'Ytl3St83kbWa "ffiF?HU- :.. ,:•:' ?' _ ? .>- -?, BARBARA S. KILLINGER Plaintiff V. BRUCE E. KILLINGER, Jr. Defendant IN THE COURT OF COMMON PLEAS OF THE 9s` JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA No. 00-5448 CIVIL ACTION-CUSTODY MOTION FOR CONTINUANCE NOW COMES, the Defendant, BRUCE E. KILLINGER, by his attorney, Daniel McGuire, Esq., to petition this Honorable Court for a continuance in Custody Hearing currently scheduled for 9:00 a.m. on October 19, 2001. In support of this petition, the Defendant asserts as follows: 1. At the Custody Conciliation Conference held to address the above-captioned action on July 30, 2001, at Melissa Greevy, Esq.'s Office, on motions filed by both parties to modify the existing custody order, it was agreed that the parties, children and significant others would participate in a custody evaluation. Said evaluation was to be conducted by either Dr. Schneider or Dr. Shienvold. A true and correct copy of the order memorializing this agreement is attached hereto and marked Exhibit "A". 2. Neither of the above-named counselors could begin their evaluations until mid-October, at the earliest, and the evaluations were estimated to take approximately two (2) months to complete. 3. The parties have agreed to request a continuance in the October 19, 2001 hearing. Attached please find a true and correct copy of a letter drafted by Attorney McKnight marked Exhibit "B" addressing this matter. WHEREFORE, Petitioner respectfully requests that this Honorable Court continue the October 19, 2001 Hearing until late December 2001 in order to provide sufficient time to complete the custody evaluation. Respectfully submitted: Attorney for Defendant Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 B. SHIRLENE KILLINGER, Plaintiff vs. BRUCE E. KILLINGER, Defendant AUG 6 2001 P . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5448 : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT Hess, J. - 1. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the If b- day of Q eZ,44. , 2001, at 9.'30 o'clock +. M., at which time testimony will be taken. For the purposes of the hearing, Father, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. 2. The parties shall submit themselves and their minor Children to an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in scheduling and completion of this evaluation in a timely fashion. The cost of, the evaluation shall be shared by Father paying 61.5% of the fees and Mother paying 38.5% of the fees. Father shall be entitled to choose whether the evaluator shall be Dr. Schneider or Dr. Shienvold. 3. The Mother shall attend the Seminar for Separating Families on August 18, 2001. Counsel for Mother shall provide the Court with a copy of the Certificate of the Mother's attendance. A record of Father's attendance at this Seminar has been provided to the Conciliator. 4. Bruce E. Killinger, III, shall not be in the company of Jack Gohn without the presence of ongoing supervision of the Mother. 5. Pending agreement of the parties or further Order of Court the Order of October 26, 2000, remains in full force and effect. 6. When the custody evaluation has been completed and a report has been made available to counsel, if the parties would like an additional Custody Conciliation Conference to explore the possibility of settlement of this custody matter prior to the hearing date, counsel xN?>3?T A LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A. McKN1GH7: HI JAMESAHUGHES REBECCA R. HUGHES MARKD. SCHWARTL DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX 1717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN. IR WIN & McKNIGHT (1986-1994) IRWIN. MCKWGHT & HUGHES (1994- ) September 21, 2001 Daniel McGuire, Esquire McGuire and Associates Cupp Insurance Building P. O. Box 264 New Bloomfield, PA 17068 Re: B. Shirlene Killinger and Bruce E. Killinger Custody Dear Mr. McGuire: My client has selected Stanley E. Schneider as the custody evaluator. I am sending him a letter with a copy of the August Court Order. In light of the custody evaluation, we have no objection to continuing the hearing until we have Dr. Schneider's report. Please call me if you have any questions. Very truly yours, IRWIN, ZN?GHT r Marcus A. McKn eht. Ilk. MAM/min Encl. cc: Ms. B. Shirlene Killinger EXH/? JT `1B BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE 9a` JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing MOTION FOR CONTINUANCE was served upon Marcus A. McKnight, Esq., attorney for the Plaintiff, BARBARA S. KILLINGER, by mailing a copy of said MOTION from the New Bloomfield Post Office via first class mail postage prepaid to the following addresses: Marcus A. McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 DATE: OCT. L-(, 2.co1 Attorney for the Defendant Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 c> - ci - -. •-? m s - _, _, _..{ _ ?,- _? ?C.., - - ZC { ., t - t74 -G BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE 9a` JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant CIVIL ACTION-CUSTODY ORDER AND NOW, this " of w On , 200 upon consideration of the Defendant's Motion for a Continuance, it is hereby ordered and directed that the Custody Hearing scheduled for January 4, 2002 is hereby continued until the o? 04 day of . J z , 200 at ?;,3o 6( - in. BY THE COURT: J. Distribution: Marcus McKnight, Esq. ' O West Pomfret Professional Building a a-°-a 60 West Pomfret Street f Carlisle, PA 17013 Q Daniel McGuire, Esq. P.O. Box 264 New Bloomfield, PA 17068 ??rl^ pig a BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE Oh JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. :. No. 00-5448 Defendant CIVIL ACTION-CUSTODY ORDER AND NOW, this of 200. upon consideration of the Defendant's Motion for a Continuance, it is hereby ordered and directed that the Custody Hearing scheduled for January 4, 2002 is hereby continued until such time as the parties' custody evaluation has been completed. BY THE COURT: J. Distribution: Marcus McKnight, Esq. West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 Daniel McGuire, Esq. P.O. Box 264 New Bloomfield, PA 17068 BARBARA S. KILLINGER Plaintiff V. BRUCE E. KILLINGER, Jr Defendant IN THE COURT OF COMMON PLEAS :. OF THE 9s` JUDICIAL DISTRICT OF CUMBERLAND COUNTY PENNSYLVANIA No. 00-5448 :. CIVIL ACTION-CUSTODY MOTION FOR CONTINUANCE NOW COMES, the Defendant, BRUCE E. KILLINGER, by his attorney, Daniel McGuire, Esq., to petition this Honorable Court for a continuance in Custody Hearing currently scheduled for 9:30 a.m, on January 4, 2002. In support of this motion, the Defendant asserts as follows: At the Custody Conciliation Conference held on July 30, 2001 it was agreed that the parties, children and significant others would participate in a custody evaluation. This agreement was incorporated into Your Honor's order dated/notarized August 13, 2001. 2. Pursuant to this order the parties elected to retain Guidance Associates to perform the custody evaluation. 3. Over the several months, the parties, children and significant others have attended numerous counseling sessions and have undergone extensive testing. 4. To date, the parties have invested Two Thousand ($2,000.00) Dollars towards Guidance Associates' fees for evaluation services. 5. According to information that was conveyed by Dr. Stanley Schneider's office, neither party has failed to keep their scheduled appointments and both parties are in good standing with regards to payment of fees. 6. Dr. Schneider's office is currently unable to provide an estimated date when the evaluation will be complete. However, it was confirmed that the evaluation will not be completed by January 4, 2002. It was further communicated that an estimated completion date will be provided to the parties' legal counsel within the next few days. 7. Defendant/Father believes that the evaluation will be of great importance in deciding this matter. 8. Counsel for Plaintiff /Mother, Marcus McNight, Esq., communicated that no objection will be raised to a request for a continuance until the custody evaluation has been completed. WHEREFORE, Defendant/Father respectfully requests that this Honorable Court continue the January 4, 2002 Hearing until the custody evaluation has been completed. Respectfully submitted: Attorney for Defendant Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff :. OF THE 9s` JUDICIAL DISTRICT OF CUMBERLAND COUNTY V, PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Daniel McGuire, Esquire, hereby certify that, on this date, a true and correct copy of the foregoing MOTION FOR CONTINUANCE was served upon Marcus A. McKnight, Esq., attorney for the Plaintiff, BARBARA S. KILLINGER, by mailing a copy of said MOTION from the New Bloomfield Post Office via first class mail postage prepaid to the following addresses: Marcus A McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 DATE: I C . 2c e, i Attorney for the Defendant Daniel McGuire, Esquire Supreme Court I.D. No. 81630 P.O. Box 264 New Bloomfield, PA 17068 (717) 582-8883 . ?.m ? ? :, c ? _, - ?: 't1C?3 '? ;.- ?"'r,. 7_? G^ ;rL, <4. r ?? '? ;? n ?? ??, ? ?'? ? v ? cst ? SHIRLENE B. KILLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : 00-5448 CIVIL BRUCE E. KILLINGER, JR., : CIVIL ACTION Defendant : IN CUSTODY ORDER AND NOW, this /5" day of March, 2002, at the request of counsel for the parties, hearing in the above captioned matter set for March 20, 2002, is continued to Thursday, April 25, 2002, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, A. Hess, J. Marcus McKnight, III, Esquire For the Plaintiff /baniel McGuire, Esquire For the Defendant r R RUs 03-18?l :rlm ;FY kv? f-Inn F v ? ,i ? 1i;w PENNSY L., ,NIA m BARBARA S. KILLINGER IN THE COURT OF COMMON PLEAS Plaintiff OF THE 9s' JUDICIAL DISTRICT OF CUMBERLAND COUNTY V. PENNSYLVANIA BRUCE E. KILLINGER, Jr. No. 00-5448 Defendant CIVIL ACTION-CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCE AND NOW, Counsel for the Defendant, Daniel McGuire, Esquire, hereby withdraws his appearance from the above-captioned action and Barbara Wevodau, Esquire, hereby enters her appearance as counsel for the Defendant. DATE: Lt- /S -(:)2 DATE: ?_ A 0 ?- SIGNATURE Daniel McGuire, Esq. Barbara Wevodau, Esq. r -- ?f7 lz, B. SHIRLENE KILLINGER, Plaintiff VS. BRUCE E. KILLINGER, JR., Defendant AND NOW, this 'S" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5448 CIVIL CIVIL ACTION IN CUSTODY ORDER day of August, 2002, after hearing and careful consideration of the testimony adduced, the cross-motions of the parties for modification of custody are DENIED. BY THE COURT, ,'?Marcus McKnight, III, Esquire For the Plaintiff ,1-14niel McGuire, Esquire For the Defendant Am ar?o ?(= ' ??..,?,r ' . C?JPbI?". .h ??,'-?d 1'Ll i???iJ?wi ?r F?cl?h?5'Y?iVih?Li? B. SHIRLENE KILLINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE E. KILLINGER DEFENDANT • 00-5448 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 04, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, December 09, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. mnc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r=r?ct--ty'"?iL? OF INI, RRO'M Zt%f fG'? °5r 2: 22 Cruhlqy 'viV?Y• NIA' //-sass Ceram- ??es il•,?-b%' ?j ,hid .? 0? IV OCT 2 8 2004 \ B. SHIRLENE KILLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-5448 CIVIL TERM BRUCE E. KILLINGER, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, THIS day of , 2004, upon consideration of the attached COMPLAINT, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at on the day of 2004 at A.M./P.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Absent a special request and prior arrangements with the conciliator, children are discouraged from attending the conciliation conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Court hereby directs the parties to furnish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the conciliator at least 48 hours prior to the scheduled conference. FOR THE COURT, BY 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 B. SHIRLENE KILLINGER, Plaintiff V. BRUCE E. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5446 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY MOTION FOR MODIFICATION OF CUSTODY 1. Petitioner is Bruce E. Killinger, an adult individual and the Defendant in the above-captioned action. 2. Respondent is B. Shirlene Monismith, formerly B. Shirlene Killinger, an adult individual and the Plaintiff in the above-captioned action. 3. Petitioner seeks primary physical custody of his son Tristan M. Killinger, born December 11, 1993. Petitioner believes that it is in Tristan's best interest to move to his home for the following reasons: A. The respondent was assaulted by her husband sometime after July, 2004. Charges were filed and the parties separated followed by a reconciliation. This incident was disruptive to Tristan. B. For some period of time since the start of this school year, Tristan has been left home alone after his return from school. He has reported that he is frightened and apprehensive when this happens. C. Tristan has reported that his step-brother J.R., age 14, has been mean and abusive to him. When he reports this to his mother, the mother tells him that he brings this about by his behavior. D. Tristan has a step-sister, Misty, that he does not get along with. E. Tristan's school performance since he has been in his mother's primary care has been sub par. F. The Petitioner believes that he can provide a more stable home and provide the assistance that Tristan needs to succeed in school. WHEREFORE, Petitioner requests that he be granted primary physical custody of his son Tristan. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: r-'G?t.ti- Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rio.d it/domestic/killinger/modification.mot VERIFICATION I verify that the statements made in this Motion for Modification of Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ruc . Killinger Date: X0'/3-?'? PA IPA ennnn ?o. n? +?++.....-..+.- B. SHIRLENE KILLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. : 00-5448 CIVIL BRUCE E. KILLINGER, 7R., CIVIL ACTION Defendant IN CUSTODY ORDER AND NOW, this S? day of August, 2002, after hearing and careful consideration of the testimony adduced, the cross-motions of the parties for modification of custody are DENIED. 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'[ F rli ' ^ ,y ?^ n ' i 1 C r^ ;`. ???. vs .i? ` :- ? ? a? 0 o_ k m 'r n? ?? z? H ?O C?J ? H e-i? Kom S i w- 5- e ? ef?2 PLAINTIFF'S EXHIBIT A R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. COMMONWEALTH VS Barry Ray Monismith 514 First Street Carlisle,Pa.17013 FILED Nov.16,1983 BY: Lyons DISTRICT JUSTICE 32. 50 COMMITMENT WITNESS CONSTABLE MOTION FOR NEW TRIAL DISTRICT ATTORNEY 110 .00 SHERIFF COSTS SHERIFF .50 CERT. TO STATE LAW LIBRARY POSTAGE CUMB. CO. USE Commonwealth 10 .00 FINE Domestic Violence 10 .00 BENCH WARRANT TAKING BAILOR REVOKE FILING PAPERS E7C. - k 5C .00 In Te$Umeny whereof, I her unto et my hand SUBPOENAS NOLLE PROS. Ims CONTINUANCE Iefk Ot the (;OUft TAKING RECOGNIZANCES C'I : runty FORFEITURE OF RECOGNIZANCES No. 973 CRIMINAL 19 83 CHARGEReceiving Stolen property L REAPPOINTMENT OF COUNSEL ORDER OF COURT AND NOW,December 6,1983,at 10:14 A.M.it appearing that the defendant,BARRY RAY MONISMITH,has been incarcerated and was previously represented by the public defender. The public defender is appointed to represent him on this charge. By the Court, r -I DFS, DEFENDAN7s S.J. C o s's c rk&s PA ? U oo FILED DEC.2,1983,CITATION OF STATUTE AND SECTION 18 FA C.S.A.3925 DEFT:BARRY RAY MONISMITH FILED DEC.7,1983 •" V RE:DEFENDANT PLEADS GUILTY ORDER OF COURT AND NOW,December 6,1983,at 10:23 A.M.the defendant,BARRY RAY MONISMITH, having appeared in open court together with the public defender,Carol F.Munson, Esquire,and after having had his varous constitutional rights and the nature and elements of the offense explained,having tendered a plea of guilty to the charge graded as a misdemeanor of the first degree,which plea the district attorney accepts in full satisfaction of all charges,the plea is accepted and recorded. By the Court, DFS,S.J. FILED DEC.7,1983 DEFT.MONISMITH RE:DEFENDANT APPEARS FOR SENTENCE ORDER OF COURT AND NOW,December 6,1983, at 10:29 A.M.the defendant,BARRY RAY MONISMITH,having appeared for sentence with the public defender,Carol F.MUNSON,Esquire,the court having received a presentence investigation report, On 752 Criminal 1983,sentence of the court is that the defendant pay the costs of prosecution,make restitution,and undergo imprisonment in the Cumberland County Prison for a period of not less than 11-1/2 months nor more than 23 months, sentenc¢to date from September 2,1983; On 751 Criminal 1983,sentence of the court is that the defendant pay the costs of prosecution,make restitution if there by any,and undergo imprisonment in the Cumberland County Prison for a period of not less than three(3)months nor more than six (6) months,senteince.to run concurrent with the sentence imposed in 752 Criminal 1983; On 973 Criminal 1983,sentence of the court is that the defendant pay the costs of prosecution,make restitution if any is due,and undergo imprisonment in the Cumbefland County Prison for a period of not less than 11-1/2 months nor more than 23 months,sentence to run concurrent with the sentence imposed in 752 Criminal 1983. By the Court, DFS,S.J. FILED DEC.9,1983 PENNSYLVANIA COMMISSION ON SENTENCING GUIDELINE SENTENCE FORM SEE NEXT PAGE COMMONWEALTH CHARGE: RECEIVING STOLEN PROPERTY VS AFFIANT: PTL. DAVOND H. TILDEN BARRY R. MONISMITH 973. CRIMINAL 1983 FILED: JANUARY 31, 1984 RE: ORDER OF PAROLE ORDER OF COURT AND NOW, January 31, 1984, at 10:21 A.M., the defendant, BARRY R. MONISMITH, is placed on parole for the balance of the prior sentence issued by this court on December 6, 1983, so that he may immediately begin serving the sentence imposed to a state correctional institution this date to 929 Criminal 1983, By the Court, George E. Hoffer, J. FILED: FEB. 2, 1984 RE: AMENDED ORDER OF PAROLE ORDER OF COURT AND NOW, February 2, 1984, at 9:15 A.M., the order of parole entered January 31, 1984, to 973 Criminal 1983, is amended to, include the parole of the defendant, BARRY RAY MONISMITH, to all three above-captioned cases, so that he may immediately begin serving the sentence imposed to a state correctional institution to 929 Criminal 1983. By the Court, George E. Hoffer, J. also see 751, 752, CR 1983 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. COMMONWEALTH VS Barry Ray Monismith 538 First St. Carlisle, PA 17013 OTN: B-577785-5 FILED FEBRUARY 25, 1987 A. Ptl. B&C Ptl. BAIL BY. Keller DISTRICT JUSTICE 27 ,50 COMMITMENT WITNESS CONSTABLE MOTION FOR NEW TRIAL DISTRICT ATTORNEY 10 .00 SHERIFF COSTS SHERIFF 1 .50 CERT. TO STATE LAW LIBRARY POSTAGE CUMB.CO.USE Commonwealth 30. 00 FINE Domestic Violence 20. 00 BENCH WARRANT TAKING BAIL OR REVOKE FILING PAPERS ETC. 5 . 00 SUBPOENAS NOLLE PROS. CONTINUANCE j TAKING RECOGNIZANCES AE FORFEITURE OF RECOGNIZANCES COST PAID: V CHARGES: A. SIMPLE ASSAULT (2 counts) B. RESISTING ARREST C. DISORDERLY CONDUCT (SUMMARY) FILED:MARCH 27,1987 CITATION OF STATUTE 18 PA C.S.A. Sec. 2701 CT.(A-1)(A_2) FILED:MARCH 27,1987 CITATION OF STATUTE 18 PA C.S.A. Be,. 18 Pa C,S.A. Sec.2701/ FILED:MARCH 27,1987 CITATION OF STATUTE 18 PA C.S.A. 5104 CT.(B) FILED:MARCH 27,1987 CITATION OF STATUTE 18 PA C.S.A. Sec.5503 CT.(C) FILED: MARCH 31, 198 7 ACKNOWLEDGMENT OF ARRAIGNMENT A TRUE COPY FROM 8 ?^ NO. 323 CRIMINAL 19 87 CHARGE FOR CHARGES SEE BELOW RECORD In Testimony whereof, ) here unto sat my hand and the seal of said Go a ?jariisie, PA. This ?./L vof I j A) i 40 r. FILED:APRIL 13,1987 IN RE:ARRAIG41EM ORDER OF COURT AND NGq,March 31,1987,10:30a.m. Barry Ray Monisrtith, having appeared for arraignment together with Harold S.Irwin III,Esqu re,court appointed counsel,and the defendant having tendered a plea of not guilty,his plea is accepted and recorded. He is directed to appear for trial on Monday,May 4,1987,at 9:00 a.m. By the Coast, G3i, J. FILED: APRIL 24, 1987 IN RE: GUILTY PLEA & SENTENCE ORDER OF COURT AND NOW, April 21, 1987, 10:05 a.m., Barry Ray Monismith, having appeared inepen court together with personal counsel, Marcus A. McKnight, III, Esquire, and the defendant having tendered pleas of guilty at Count B and to Criminal Mischief, a summary offense, at Count C, which pleas the District Attorney accepts in full satisfaction of any other charges in the information, his pleas of guilty are accepted and recorded. And the defendant having presented himself for sentence, and having waived the presentence investigation report, sentence'of the court on Count B is that the defendant pay the costs of prosecution and.that he undergo imprisonment-in the Cumberland County Prison for aperiod of not less than'two months nor more than 23 months. It appearing to the court that the defendant has been in jail since February 15, 1987, and that he has served this sentence, he is placed on parole for the balance of his unexpired term and released to the detainer filed by the Pa. Parole Board, at the earliest convenience of the Board to send officers to take him. Sentence of the court on Count C is that the defendant pay the costs of prosecution and that he undergo imprisonment in the Cumberland County Prison for a period of not less than 30 days nor more than 90 days, and that he make restitution for damages caused. By the Court, George E. Hoffer, J. Christian Services Counseling Center 309 Allen Road, Carlisle, PA 17013 Phone: (717)249-7410 Fax December 8, 2004 (717) 249-7540 RE: Barry and Shirlene Monismith 49 L Hidden Valley Road Loysville, PA 17047 To Whom It May Concern: Barry and Shirlene Monismith contacted Christian Services Counseling Center in September 2004 for assistance with problems of anger, power and control that are related to domestic abuse issues. They kept an initial appointment on 9-23-04, and we enrolled each of them in separate Spouse Abuse Finally Ends (S.A.F.E.) counseling groups. The groups started on the week of 10-19-04, and they have both been attending the regular weekly sessions since then. They both seem seriously committed to the goals of the groups to replace the anger, power and control tactics with love, respect, equality and self-control. Sincerely yours, Hayes Kline, MSW, LSW PA Licensed Social Worker PLAINTIFFS EXHIBIT 21 yZ.l ?' ? pry `?'f ?? cW ,l".. ' ?" a 'rtin 4f3 .17 ' L C U p JAjF .. "? " 1 f,?1 ry C GJ ? W 51 -0 ?a m r+ ? •i1 ... c., ..? .p '2rt ,.J ,: -? ts. A-w Fs ... d ,nv' IV ?.°. th es ea v n r ? try ,?? ., - n ? d (a C C Cr GL w W ?? C G ? C. ?qG ? ? ,5 ? r u ? CG, (? v !o Y ,fio r Y' 1': F- coo C v ro s,. .. ._.._........_ ( III ' 9 LAINTEFr S EM BIT TA t? A ij S S Pq ?a y x M ti w Pz p c i Qj VO. t CV ??ry ?v h (i 4 Sold By: Romber91 Bindery - Fomi H-306 r A TRUE COPY FROM RECORD IN THE COURT OF COMMON PLEAS In Testimony whereaf,Ihereunto setm dCUM ERLAND COUNTY - CRIMINAL - DID/. and seal of said u t t Carlisle, PA. This AND NOW,November 3,1983,Murrel R.Walters,III,Esquire,be and is hereby appointed to represent the defendant in the above matter. Preliminary hearing to be held November 23,1983 at 1:00 P.M.in District Justice Glenn R.Farnerh office. 4l q I [ f By the Court, Harold E.Sheely,P.,l FILED:DEC.9,1983 DEFT.2,GREASON - - FILED DEC.9,1983,CITATION OF STATUTE AND SECTION 18 PA C.S.A.3701(a)(1)(iv) CT.A FILED DEC.9,1983,CITATION OF STATUTE AND SECTION 18 PA C.S.A. 903 CT.B -1 q-' 1129 Qs'j Cie Zd) 16' a6?9.Z 0064s jf.. L7T .eha,EJ? f3.CD 16?3a-91 yof , NO. eft92 CRIMINAL 19 83 Q & rim B C A.Ro bery B.Crim na Conspiracy C ,-* IrjH CHARGE (to Rubbery) (all) umberlagpounty aFFIaNr S t.Barr Sherman .Barry R.Monismith 514 First St l li d 11/3/83 B dRfigt e .Car s a e 2.Douglas Marshall Greason 1.Bail $5,000, 2.Bai1 $5,000. 3.ROR 115 Airport Drive Carlisle cue 1-11-3-83 2.-11-3-83 AIL R g t 37 rmansdale,1709 ??? FILEU'•D •2 o -°Z / 2 1 3 N v y BY: 1? i arner DISTRICTJUSTICE COMMITMENT WITNESS CONSTABLE MOTION FOR NEW TRIAL a a. aq- . 4, o? DISTRICT ATTORNEY 10. 00 SHERIFF COSTS 'SHERIFF 1- SO CERT. TO STATE LAW LIBRARY - POSTAGE Deft. Greason CUMB.CO.USE COMMONWEALTH A 10 00 Deft. Greason FINE D STIC VIOLENCE 10 00 d -1 e Keeney zaady Q b l l BENCH WARRANT Commonwealth 1 .00 - - 3•a a-g 'A T t -tea ?? oa Deft. Keeney i TAKING BAIL 6R-'61EE Domestic V olence 10 .00 JU UU Deft. Monismith cc Q, /i FILING PAPERS ETCD,2 50. 00 COMMONWEALTH A 10 ,00 D.3 50. 00 Deft. Monismith SUBPOENAS DOMESTIC VIOLENCE 10 .00 NOLLE PROS. Deft. Monismith RESTITUTION 3 00 ' Deft. Barry Monismit Deft. Keeney TRANSFER PETITION CONTINUANCE RESTITUTION 35 00 Deft. Greason TAKING RECOGNIZANCE$ RESTITUTION 35 00 Feb.15 1984 FORFEITURE OF urr RECOGNIZANCES ' FILED:NOV.3,1983 ORDER OF COURT DEFT.KEENEY DEFT.I.MONISMITH FILED DEC.16,1983 CITATION OF STATUTE AND SECTION 18 PA C.S.A.3701 (a)(1)(iv) CT.(A) CITATION OF STATUTE AND SECTION 18 PA C.S.A. 903 CT (B) CITATION OF STATUTE AND SECTION 18 PA C.S.A. 903 CT (B)DEFT.KEENEY FILED: DECEMBER 16, 1983 Defendant: Douglas Marshall Greason IN RE: GUILTY PLEA SENTENCE DEFERRED BAIL MODIFIED ORDER OF COURT AND NOW, December 13, 1983, at 11:98 a.m., the defendant, DOUGLAS MARSHALL GREASON, having appeared in open court together with court-appointed counsel, Albert Masland, Esquire, after having tendered a plea of guilty at 929 Criminal 1983- to Count (A), graded as a Felony 2, which plea the District Attorney accepts in full satisfaction of any other charge in that information, and the defendant further having tendered a plea of guilty at 925 Criminal 1983 to Count (1), which plea the District Attorney accepts in full satisfaction of any other charge in that informatin, provided restitution is made by the defendant on both counts in the information, his pleas of guilty are accepted and recorded, Sentencing is deferred pending receipt by the court of a short form pre-sentence investigation report, And further, the District Attorney having requested the court tomodify bail in both cases, the court will honor the District Attorney's request and set bail in 929 Criminal at $1,000. And, further, we will set bail at 925 Criminal at $600. also see 925 CR 1983 FILED: DECEMBER 20, 1983 Defendant: Barry R. Monismith By the Court, George E. Hoffer, J ACKNOWLEDGMENT OF ARRAIGNMENT, filed. FILED: DECEMBER 23, 1983 Defendant: Douglas Marshall Greason IN RE: GUILTY PLEA COLLOQUY Held before the Honorable GEORGE E. HOFFER, Judge, Cumberland County Court House, Carlisle, Pennsylvania, on Tuesday, December 13, 1983, scheduled for 9:30 a.m. commencing at 11:33 a.m. in Court Room No. 3. also see 925 CR 1983 FILED: 12/27/83 IN RE:' GUILTY PLEA SENTENCE DEFERRED ORDER OF COURT AND NOW, December 20, 1983, at 10:03 a.m., the defendant, JOANN KEENEY, having appeared in open court together with court-appointed counsel, Murrel Walters, Esquire, after having tendered a plea of guilty to Court (B), graded as a Felony 3 which plea the District Attorney accepts in full satisfaction of any other charge in the information, after having had her various rights explained and indicating she understands the nature and elements of the offense, the plea is accepted and recorded, Sentencing is deferred pending receipt by the court of, a short form pre-sentence investigation report. By the Court, George E Hoffer, J. SEE NEXT PAGE COMMONWEALTH VS BARRY R. MONISMITH 929 CRIMINAL 1983 FILED: DECEMBER 27, 1983 CHARGE: A. ROBBERY B. CONSPIRACY AFFIANT: SGT. BARRY SHERMAN IN RE: APPOINTMENT OF COUNSEL ORDER OF COURT AND NOW, December 20, 1983, at 10:14 a.m., the Public Defender is appointed to represent the defendant. By the Court, GEH, J. FILED: DECEMBER 27, 1993 Defendant: Barry R. Monismith IN RE: NOT GUILTY PLEA ORDER OF COURT AND NOW, December 20, 1983, at 10:16 a.m., the defendant, BARRY R. MONISMITH, having appeared in open court together with Public Defender, Ron Turo, Esquire, having tendered a plea of not guilty, after having waived the reading of the information and indicated he has read, signed and understands the acknowledgment of arraignment, the plea of not guilty is accepted and recorded, He is directed to appear fortrial on Monday, February 13, 1984, at 9:00 a.m. By the Court, George E. Hoffer, J. FILED: JANUARY 3, 1984 Defendant:, Barry R. Monismith IN RE: GUILTY PLEA ORDER OF COURT AND NOW, December 29, 1983, at 2:04 p.m., the defendant, BARRY R. MONISMITH, having appeared in open court together with Public Defender, Ron Turo, Esquire, after having tendered a plea of guilty to Count (A), which plea the District Attorney accepts in full satisfaction of any other charge in the information, after having had his various rights explained and indicat- ing he understands the nature and elements of the offense, the plea is accepted and recorded, Sentencing is deferred pending receipt by the court of an update of the prior pre-sentence investigation report. By the Court, George E. Hoffer, J. OVER RE: DEFENDANT APPEARS FOR SENTENCE ORDER OF COURT AND NOW, January 31, 1984, at 10:21 A.M., BARRY B. MONISMITH, having appeared for sentence together with the public defender, Ron Turn, Esquire, and the court having received an extensive presentence investigation report, Sentence of the court is that the defendant pay the costs of prosecution, that he make restitution in the amount of $35.00, and that he undergo imprisonment in a state correctional institution for a period of not less than one (1) year nor more than five (5) years, and this sentence shall run from today's date. Furthermore, we now parole the defendant from the prior sentence issued by this court to 973 Criminal 1983 on December 6, 1983, so that he may immediately begin to serve the sentence imposed today. By the Court, commitment attached. George E. Hoffer, J. FILED: JANUARY 31, 1984 Defendant: Douglas Marshall Greason RE:" DEFENDANT APPEARS FOR SENTENCE ORDER OF COURT AND NOW, January 31, 1984, at 10:08 A.M., DOUGLAS MARSHALL GREASON, having appeared for sentence together with court-appointed counsel, Albert H. Masland, Esquire, and the court having received an extensive presentence investigation report, Sentence of the court at 929 Criminal 1983 is that the defendant pay the costs of prosecution, make restitution in the amount of $35.00 and that he undergo imprisonment in a state correctional institution for a period of not less than twenty-five (25) months nor more than five (5) years, and the defendant shall be given credit for 42 days previously served; At 925 Criminal 1983, sentence of the court is that the defendant pay the costs of prosecution, make restitution in the amount of $564.00, and that he undergo imprisonment in a state correctional institution for a period of not less than twenty-five (25) months nor mor e than five (5) years, and the defendant shall be given credit for 49 days previously served on this sentence; further- more, this sentence shall run concurrent with the sentence previously imposed at 929 Criminal 1983. By the Court, also see 925 CR 1983 George E. Hoffer, J. Commitmant attached. FILED: JANUARY 31, 1984 Defendant: Joann Keeney RE: DEFENDANT APPEARS FOR SENTENCE ORDER OF COURT AND NOW, January 31, 1984, at 10:01 A.M., JOANN KEENEY, having appeared for sentence together with court-appointe counsel, Murrel R. Walters, III, Esquire, and the court having received an extensive presentence investigation report, Sentence of the court is that the defendant pay the costs of prosecution, make restitution in the amount of $35.00, and that she undergo imprisonment in the Cumberland County Prison for a period of not less than one (1) month nor more than twenty-three (23) months. commitment attached. By the Court, George E. Hoffer, J. NEXT PAGE BARRY R. MONISMITH DOUGLAS MARSHALL GREASON JOANN KEENEY 929 Criminal 1983 FILED: FEB. 2, 1984 DEFT. GREASON PENNSYLVANIA COMMISSION ON SENTENCING-GUIDELINE SENTENCE FORM, filed FILED: FEB. 2, 1984 DEFT, MONISMITH PENNSYLVANIA COMMISSION ON SENTENCING-GUIDELINE SENTENCE FORM, filed FILED: FEB. 1, 1984 DEFT. KEENEY PENNSYLVANIA COMMISSION ON SENTENCING-GUIDELINE SENTENCE FORM, filed FILED: FEBRUARY 3, 1984 Defendants: Barry R. Monismith, Douglas Marshall Greason, Joanne Keeney PROCEEDINGS BEFORE HONORABLE GEORGE E. HOFFER, JUDGE, CARLISLE, PENNSYLVANIA, IN COURTROOM NO. 3, COURTHOUSE, TUESDAY, JANUARY 31, 1984. RE`: DEFENDANTS APPEAR FOR SENTENCE also see 925 CR 1983 FILED: 2/10/84 MOTION FOR RECONSIDERATION OF SENTENCE - Monismith SEE BELOW FOR ORDER ** FILED FEB.16,1984 IN RE:COUNSEL FEES ORDER OF COURT AND NOW,February 15,1984,counsel fees for Murrel R.Walters III,Esquire, court appoiniBd to represent the defendant in the above captioned matter.are fixed at $275.00. ** By the Court, George E.Hoffer,J. ORDER OF COURT FILED 14AR.5,1984 DEFT.NONISMITH AND NOW,To wit,this 5th day of March 1984,upon consideration of the within motion. The motion is refused. By the Court, George E.Hoffer,J. FILED: MARCH 9, 1984 Defendant: Joanne Katherine Keeney PETITION FOR PAROLE, filed. RE: PETITION FOR PAROLE ORDER OF COURT AND NOW, March 6, 1984, at 9:49 A.M., JOANN KATHERINE KEENEY having appeared for parole on recommendation of the probation officer, She is placed on parole for the balance of her unexpired term, on the condition that she abide by the written instructions and directions of her signed parole plan, and that she submit to appropriate drug testing, and pay the costs thereof herself, at the direction of the probation officer. By the Court, George E. Hoffer, J. OVER COMMONWEALTH VS DOUGLAS GREASON MOTION TO MODIFY SENTENCE ORDER AND NOW,THIS 16TH DAY OF MARCH 1984. The Motion is refused. By the Court, George E.Hoffer,J FILED: MAY 11, 1984 Defendant: Douglas Greason IN RE: OPINION PURSUANT TO Pa.R.A.P. 1925 Before HOFFER, J. Gregory Abeln, Esquire - 5-11-84 By Court Assistant District Attorney For the Commonwealth Albert Masland, Esquire - 5-11-84 by court Court-appointed for Defendant also see 925 CR 1983 FILED: APRIL 13, 1984 Defendant: Douglas Marshall Greason NOTICE OF APPEAL. Notice is hereby given that Douglas Marshall treason, defendant in the captioned motion, hereby appeals to the Superior Court of Pennsylvania from the Order of Court entered in this matter on March 16, 1984, denying defendant's request for a hearing on the modification of his sentence. BY: Albert H. Masland I.D. $36511 - Attorney for Defendant 44 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-2353 FILED: PROOF OF SERVICE, filed. FILED: JUNE 26, 1984 IN RE: COUNSEL FEES ORDER OF COURT AND NOW, June 25, 1984, counsel fees for Albert H. Masland, Esquire, court- appointed to represent the defendant in the above-captioned matters, are fixed at $450.00, to be paid by the County of Cumberland. By the Court, also see 925 CR 1983 George E. Hoffer, J, billed 6-26-84 FILED APRIL 10,1985 MOTION TO WITHDRAW AS COUNSEL ORDER AND NOW,this 11th day of April 1985,permission is hereby granted for Albert.H.Masland to withdraw as court appointed counsel for defendant,Douglas Marshall Greason. By the Court, George E.Hoffer,J. SEE NEXT PAGE IN THE SUPERIOR COURT OF PENNSYLVANIA 216 Harrisburg 1984 y Appeal from the Judgment of Sentence of March 16, 1984 in the Court of Common Pleas of Cumberland County, Criminal, No. 925 Criminal 1983. IN THE SUPERIOR COURT OF PENNSYLVANIA 217 Harrisburg 1984 Appeal from the Judgment of Sentence March 16, 1984 in the Court of Common Pleas of Cumberland County, Criminal, No. 929 Criminal 1983. BEFORE: TAMILIA, CIRILLO and ROBERTS, JJ. PER CURIAM: FILED: JULY 21, 1985 Judgment of sentence affirmed. also see 925 CR 1983 FILED: AUGUST 21, 1985 Defendant: Douglas Greason Superior Court of Pennsylvania Harrisburg 216 & 217 Harrisburg 1984 JUDGMENT ON CONSIDERATION WHEREOF, it is now here ordered and adjudged by this Court that the judgment of the Court of Common Pleas of Cumberland County is affirmed. Mildred E. Williamson Deputy Prothonotary Dated: July 12, 1985 also see 925 CR 1983 FILED: OCTOBER 4, 1985 IN RE: CONTEMPT DEFT. MONISMITH ORDER OF COURT AND NOW, October 3, 1985, 11:21 a.m., Barry R. Monismith, having appeared in open court together with the Public Defender, Taylor P. Andrews, Esquire, on the contempt citation for failure to pay on the court costs, and the District Attorney and the defendant and his counsel having reached an agreement, the court does accept the agreement and deems the citation withdrawn on the condition that the defendant seek and retain full-time employment sufficient enough to enable him to pay on the balances due and that he report directly to- Barry Hair in the Probation office at a time and place to be fixed by Mr. Hair at least every two weeks of his job seeking activities. We direct the defendant to document in writing his efforts at seeking employment. By the Court, FILED: DECEMBER 16, 1985 Defendant: Douglas Marshall Greason George E. Hoffer, J. IN RE: COUNSEL FEES ORDER OF COURT AND NOW, December. 16, 1985, counsel fees for John F. Goryl, Esquire, court- appointed to represent the defendant in the above-captioned matter, are fixed at $75.00. also see 925 CR 1983 billed 12-16-85 By the Court, George E. Hoffer, J. B. SHIRLENE (KILLINGER) IN THE COURT OF COMMON PLEAS OF MONISMITH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW NO. 0058 CIVIL BRUCE E. KILLINGER, JR. oo- S44g Defendant IN CUSTODY ORDER AND NOW, this ?/' day of March, 2005, continued hearing in the above captioned matter is set for Wednesday, July 27, 2005, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. arcus A. McKnight, III, Esquire For the Plaintiff .ebbert L. O'Brien, Esquire For the Defendant Am 5 V, BY THE COURT, OF TNI pF`,OmT OT RY nm "All 31 51 t[/??,??t ? 1 J kl4 YV? ?1 ???Vf?II,? t t ? .,? DENISE L. MONISMITH, Plaintiff vs. BARRY R. MONISMITH, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. a57 a CIVIL 1991 PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTIVE ORDER AND NOW, this ? 5 }n day of July, 1991, at 3'3() 1 .M., upon presentation and consideration of the within Petition, and upon finding that the Plaintiff, DENISE L. MONISMITH, now residing at James Wilson Safe Harbour, Carlisle, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the Defendant, BARRY R. MONISMITH, SR., the following Temporary order is entered. The Defendant, BARRY R. MONISMITH, SR., now residing at 64 Betty Nelson Court, Lot 125, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the Plaintiff, DENISE L. MONISMITH, or placing het in fear of abuse and is excluded from the residence located at James Wilson Safe Harbour, Carlisle, Cumberland County, Pennsylvania, a residence which is leased solely by the Plaintiff. The Defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Consent of the plaintiff to the defendant's resumption of SUN 2? DENISE L. MONIS'MITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2572 CIVIL 1991 BARRY R. MONISMITH, SR., Defendant PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTIVE ORDER AND NOW, this "LZ day of June, 1992, at "?- M. , upon presentation and consideration of the within Petition, and upon finding that the plaintiff, DENISE L. MONISMITH, now residing at an undisclosed location, is in immediate and present danger of abuse from the defendant, BARRY R. MONISMITH, SR., the following Temporary Order is entered. The defendant, BARRY R. MONISMITH, SR., now residing at 64 Betty Nelson: Court, Carlisle, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, DENISE L. MONISMITH, or placing her in fear of abuse and is excluded from her residence. Tha?l:fera?nr ;? horgbg nM1tyf;o,a +,,,+ i t,,. s l +' FF Anmi 1 a r *- ^ _• + Y i _ _ ?+ yj ,.ice ? ..• i ? e.- -, sa?^ ...,+ +,s_,.-......,? x_ `' / pit do F..,..i ..?,> +sb,. F.....: ,.. F.....,.. h. .. +4.. _ __ _"F.. Temporary custody of EARRY R. MONISMITH, JR. is hereby awarded to the plaintiff, DENISE L. MOYT_SMrTH. The defendant is ordered to refraii from having anv direct or indirect contact with the plairtiff, including but not limited to, harassing tine plaintiff and her relatives. The defendant is prohibited from entering -,-ha of JUL '21992`/, Denise L. Monismith, Plaintiff VS. Barry R. Monismith, Sr., Defendant IN THE COQAT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2572 CIVIL 1991 PROTECTION FROM ABUSE AND CUSTODY PROTECTIVE ORDER AND NOW, this 7 ? day of July, 1992, upon consideration of the Consent Agreement of.the parties, the following Order is entered: 1. The defendant, Barry R. Monismith, Sr., is enjoined from physically abusing the plaintiff, Denise L. Monismith, or from placing her in fear of abuse. 2. The defendant, Barry R. Monismith, Sr., is hereby excluded from the premises located at 109 W. Louther Street, Carlisle, Cumberland County, Pennsylvania. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt d { which is punishable by a fine not to exceed $1,000 and/or by a sentence of up,to six months in jail and any other appropriate i punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the "i court order directing the defendant to refrain from abusing the plaintiff. 3. The defendant, Barry R. Monismith, Sr., is ordered to stay away from any residence the plaintiff may establish for herself in the future. 4. The defendant is ordered to refrain from having any v (Check appropriate box) o w ?s F+ H. m ?y ? O Z. N,G a rn x Q4 O" (D K f "• C W (? m O W (D in. o O n (D =1 Ox Fs ?' En p O O a ? rt PD (D `< ? f 0 V N I"i C?• C/1 R 'l7 F I F+• (D O n °a n 00 ?yl io c* QO rr C ° w N O' su N• 22. (D Pi 0 CD a •d o w ti 'p to E R "e ."-. M N A O ?O F- • O N• ?•° ? rp "J W O 9 D ? AN. a.? MM(D o9O n kr" an R 'n B, R" r, h Ft rt W ? a O CD a 0, 0 H- iD z Fhi• °' o c% P n o r a PI tNn FF- ° c ry N O K R p , (D n. F• c 0., O p iCY N ~A 1J o C IT N 1 a I(Dn o I H R w90 N Ri Q. r O N O mart I-n m ?ao Fit a room W ti O irtD C H- (D 1'' Fj Cy K p r• W F MF`G N FA ?O ri a i Ft ?r1 c A n N C C N R C ? as ? o a m C C w o• a o a m ? a y . ?- o o " a w N N N C A> ° a O H m r. rap O C' tip O' ao y ? 0 r O (D O r F N U m m z Z 0 1 O mm M. ?O V z z D a ? 0 W n M F C O i ro C ~ F, w m rt C to D 9 F- N ro m w t- p p. 9 O N n m p 0* PO 1 m V ry 1 W 0 C t" rr y • O ° m I N 1 O r 0 D O 3 ro D ii O r m Cam= \i C? it c i I G I ? i DENISE L. MONIS!MITH, Plaintiff for herself and on behalf of her minor child, JAMIE L. MYERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. BARRY R. MOi1ISMITH, SR., Defendant NO. 2572 CIVIL 1991 IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 9th day of February, 1995, this matter having come before the Court on a petition for protection from abuse, IT IS ORDERED THAT: 1. Defendant, Barry R. Monismith, Sr., is enjoined from physically abusing the plaintiff, Denise L. Monismith, and her minor child, Jamie L. Myers, or placing them in fear of abuse. 2. Defendant shall pay his wife temporary child support in the amount of $75.00 per week with the Payment to be made directly each Monday until a superseding order is made in the office of Domestic Relations. 3. Temporary physical custody of Barry R. Monismith, Jr., is awarded to his !pother, Denise L. Monismith, Father, Barry R. Monismith, Sr„ shall have periods of visitation with his son on overnights from Saturday morning at 9:00 a.m. to Sunday evening at 6:00 p.m. on the weekends he is not working, the first weekend starting on Saturday, February 18, 1995. By the Cqj.! t, r B. Bayley, SHERIFF'S COMMONWEALTH OF PENNSYLVANIA: In The Court of Cannon Pleas of COUNTY OF CUMBERLAND Cumberland County, Pennsylvania No. 91-2572 Civil Term Denise L. Monismith, for herself and on Temporary Protection Order Protection behalf of her minor child: Jamie L. Myers Fran Abuse and Custody Notice and Petition VS For Protection Order Barry R. Monismith, Sr. Jody S. Smith r Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, Temporary Protection order Protection From Abuse and Custody that he served the withinNotice and Petition for Protection Order Upon Barry R. Monismith, Sr. , The defendant at 4:15 o'clock p .M. EST / EEM, on the 02 day of February , 19 95 at ,Cumberland County, Cone Courthouse Square, Carlisle Pennsylvania, by handing to Barry Monismith Sr. Temporary Protection Order Protection From Abuse and a true and attested copy of the Custody Notice and Petition for Protection Order , and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing 18.00 Service 18.00 Affidavit Surcharge Sworn and subscribed to before me this /0 E? day of G So answers: R. Thanas Kline, Sheriff by n- OC6 J_ Z De ty Sheriff 19 4/S' A. D. C L 0 ) N U C2 g,-, 4 T ' Prothonotary DENISE L. MONISMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2572 CIVIL 1991 BARRY R. MONISMITH, SR., Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this ( day of February, 1996, this Court certifies that the attached complaint has been properly completed and verified, and there is probable cause for the issuance of process. In consideration of the attached Commonwealth's Petition, the defendant, BARRY R. MONISMITH, SR., is directed to appear for trial on the charge of Indirect Criminal Contempt before the Court on the -Q0-?A day of j c?LL+ u , 1996 at I' 00 o'clock a m. in Courtroom # _L of the Cumber and County Courthouse, Carlisle, Pennsylvania. The defendant has a right to be represented by an attorney. If the defendant cannot afford an attorney, upon request one will be assigned to represent the defendant. If the defendant wishes assignment of,counsel, contact should be made prior to trial with the Cumberland County Public Defender's Office at 717-240-6285. Further, if the defendant fails to appear, an arrest warrant will be issued. The Sheriff of Cumberland County is directed to serve this Order and Petition upon the defendant. The assessment of costs to be determined by the Trial Judge subsequent to trial. By the Court, Edgar B: I J. Michael S. Schwoyer Chief Deputy District Attorney J BARRY R. MONISMITH, SR. Denise L. Monismith, Plaintiff VS. Barry R. Monismith, Sr., Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY,PENNSYLVANIA :NO. 91-2572 Civil Term :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU RAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against, you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the a?S day of May, 1999, at a:eJ J m., in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 52261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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 HELD. IF 'YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEE7` WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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. Y'ou must attend the scheduled conference or hearing. Denise L. Monismith, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 91-2572 Civil Term Barry R. Monismith, Sr, Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Barry Ray Monismith, Sr. Defendant's Date of Birth: 5/23/63 Defendant's Social Security Number: 196-50-1576 Name of Protected: Denise L. Nonismith AND NOW, this day of May, 1999, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® 2. Defendant is evicted and excluded from Plaintiff's residence located at 1 Cedar Lane, Box 137, Plainfield, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child. Defendant shall remain in his vehicle at all times during the transfer of custody. ® 3, Except for such contact with the minor child as may be permitted regarding custody of the parties' child, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to.any contact at Plaintiff's place of employment located at Lear Corporation, Spring Road, Carlisle, Pennsylvania. ® 4. Except for such contact with the minor child as may be permitted regarding the custody of the parties' child, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Until the final hearing, all contact between Defendant and the child shall be limited to the following: The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of Plaintiff in accordance with the terms of this Order. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of•abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Pennsylvania State and Carlisle Police Departments. ® 9. THIS ORDER SUPERSEDES S ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. 66114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. 66113. Defendant is further notified that violation of this Order,may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. H 2261-2262. Any Protection order granted by a court may be considered in any subsequent Proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, ?. Judge Joan Carey Attorney for Plaintiff TRUE t OPY FROM RECORD in Ta:fismW,iy whwrcnf, i here unto W my hand c,t said v urq at ca,usln, Pa. wul the s 19 This It'-day of ffd:e;!4 Prothonotary Denise L. Monismith, Plaintiff Vs. Barry R. Monismith, Sr, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 91-2572 Civil Term :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is Denise L. Monismith. 2. The name of the person who seeks protection from abuse is Denise L. Monismith. 3. Plaintiff's address is 511 B Street, Carlisle, Pennsylvania 17013. 4. Defendant is believed to live at the following address 1 Cedar Lane, Box 137, Plainfield, Pennsylvania 17081. Defendant's Social Security Number is 196-50-1576. Defendant's date of birth is 5/23/63. Defendant's place of employment is Monismith & Sons, 1 Cedar Lane, Plainfield, Pennsylvania 17081. 5. Defendant is Plaintiff's husband. 6. Plaintiff and Defendant have been involved in the following court actions for divorce, custody, support, or protection from abuse: Case name Case no. Monismith vs. 2572 Civil Monismith 1991 (PFA) Date filed Court 7/25/91 Cumberland County of Common Pleas Monismith vs. 2572 Civil Monismith 1991 (PFA) 6/22/92 Cumberland County of Common Pleas Monismith vs. 91-2572 2/13/96 Cumberland County Monismith (PFA) of Common Pleas Monismith vs. 91-2572 3/11/96 Cumberland County Monismith (CUSTODY) of Common Pleas 7. The facts of the most recent incident of abuse are as follows: On or about May 13,1999, Defendant became angry at Plaintiff and forcefully slapped her with the back of his hand across her face. In fear for her safety, Plaintiff and her two children fled the residence. 8. Defendant has committed the following prior acts of abuse against Plaintiff: a. On or about March 31, 1999, Defendant forced Plaintiff to listen to him berating her causing her to fear for her safety, and when she tried to leave the residence, Defendant grabbed her keys from her, grabbed her arm, pushed her backwards, and told her that she wasn't going anywhere. Defendant blocked the door, and when Plaintiff attempted to leave, he shoved her backwards. b. On or about March 17, 1999, Defendant ordered Plaintiff to go into the bedroom and shut the door, pushed her onto the bed, and told her she would listen to what he had to say as he continued to verbally harass her causing her to fear for her safety. c. On or about February 21, 1999, Defendant forcefully threw a laundry basket at Plaintiff hitting her on the leg. d. On several different occasions since 1997, Defendant grabbed Plaintiff, pushed her, threatened to beat her, pulled his fist back as if to punch her, locked her in a bedroom refusing to allow her to leave, and threatened to kill her if she left with their son. Defendant also, on one occasion, forcefully threw a hacky-sack at their son leaving a bruise on his leg. e. On or about July 25, 1991, June 22, 1992,and February 13, 1996, Protection from Abuse orders were entered under the above captioned number. Plaintiff's fear of abuse is exacerbated because of Defendant's history of abuse which included the following: shoving Plaintiff, punching, and choking her, grabbing her by her arms, threatening to kill her, and threatening to burn the house down with Plaintiff and the children inside. 9. The following police departments or law enforcement agency in the area.in which Plaintiff lives should be provided with a copy of the Protection Order: Pennsylvania State and Carlisle Police Department. 10. There is an immediate and present danger of further abuse from Defendant. 11. Plaintiff is asking the Court to.evict and exclude Defendant from the residence at 1 Cedar lane, Sox 137, Plainfield, Pennsylvania, which is owned by Plaintiff and Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE 'COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: C. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. D. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. E.. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child. F. Prohibit Defendant from having any contact with Plaintiff, either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiff's employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. G. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is to refrain from harassing Plaintiff's relatives. J. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any order issued, and the order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Carey Joan Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 _ (717) 243-9400 Dated: , Respectfully submitted VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. on, AJ Dated: M t?ia Denise L. Monismith 4 MAR 0 8 1996` DENISE L. MONISMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 95-2572 CIVIL TERM CUSTODY BARRY R. MONISMITH, SR., Defendant CUSTODY ORDER AND NOW, this 1_ day of March, 1996, upon consideration of the Consent Agreement, the following Custody Order is entered regarding the parties' child, Barry R. Monismith, Jr. 1. The mother and father shall share physical and legal custody of the child. 2. The mother and father shall share custody of the child on an alternating week schedule with the father having the child commencing Friday, March 1, 1996, at 5:00 p.m. through Friday; March 8, 1996, at 5:00 p.m. The mother's alternating weeks shall coincide with the weekends her two children by a prior marriage are in her custody to maximize sibling contact. 3. The part}es shall transfer custody of the child at the maternal grandmother's home or at another neutral site mutually agreed upon by the parties. 4. The rather shall not allow the paternal grandmother to provide care for the child or allow the child to be in her presence unless he is supervised by the father. 5. Before making alternate child care arrangements, each party shall give the other preference in providing child care for the child when the other parent is working or unavailable to care for the child during that parent's week of custody. If the parties agree to alternate day care arrangements for the child they agree to bear the financial cost equally. 6. The parties shall make the child available for reasonable telephone contact during their periods of custody. 7. The parties shall alternate the following holidays from 10:00 a.m. until 8:00 p.m.: Easter, Memorial Day, July 4th, Labor Day, and New Year's. The father shall begin the schedule having the child on Easter, 1996. The holiday schedule shall supercede the alternating week schedule. 8. The parties shall share the Thanksgiving Day holiday with the mother having the child from 9:00 a.m. until 3:00 p.m. and the father having the child from 3:00 p.m. until 9:00 p.m. 9. The parties shall alternate the Christmas holiday with one parent having the child on Christmas Eve from 6:00 p.m. until Christmas Day at 10:00 a.m. and the other parent having the child on Christmas Day at 10:00 a.m. until December 26th at 10:00 a.m. The father shall have the child on Christmas Day from 10:00 a.m. until December 26th at 10:00 a.m. in 1996. 10. . The mother shall have custody of the child on Mother's Day from 10:00 a.m. until 8:00 p.m. and the father shall have custody of the child on Father's Day from 10:00 a.m. until 8:00 p.m. regardless of the alternating week schedule. 11. The non-custodial parent shall have a four-hour period of custody with the child on the child's birthday at times to be mutually agreed upon by the parties. 12. Each party shall have the right to custody of the child for one week each year (including a maximum of two weekends) until the child begins grade school a which time the parties shall exercise their periods of vacation during the summer months. The parties shall provide each other with 30 days advance notice of intent to exercise their vacation period. 13. The father and mother shall not use drugs or use alcohol in excess during their periods of custody with the child. 14. The mother and father, by mutual agreement, may vary from this schedule at any time but the order shall remain in effect until either party petitions to have it changed. 15. The mother and father shall notify the other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 16. The parties shall not do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. Joan Carey Attorney for Plaintiff LEGAL SERVICES, INC. Carol J. Lindsay Attorney for Defendant FLOWER, NORGENTIAL, FLOWER & LINDSAY By the Court, r B. Bayley, J e e? r, n:... „ _. c. Court Zit Carl sl , Pa. This .../.(1 day ?u.....4?G...cc? .............. Prothonotary LEGAL SERVICES, INC. 8 IRVINE ROW CARLISLE, PENNSYLVANIA 17013 j (7n) 243-9400 Fax (717) 2434026 W? V ' 777//1 West Shore (717) 766-8475 Shippensburg (717) 5303866 Denise L. Monismith, Plaintiff VS. Barry R. Monismith, Sr., Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 9? - 2572 CIVIL TERM :PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Barry R. Monismith, Sr. Defendant's Date of Birth: 5/23/63 Defendant's Social Security Number: 196-50-1576 Names of all Protectel arson: Denise L. Monismith AND NOW, this I * - day of May, 1999, the court having jurisdiction o e e parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; Defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. Defendant, although agreeing that an Order may be entered, does not admit to the allegation made in the Petition. ? Plaintiff's request for a Final Protection order is denied OR N Plaintiff's request for a Final Protection Order is granted. N 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other protected person in any place where they might be found. N2. Defendant is completely evicted and excluded from the residence at 1 Cedar Lane, Plainfield, Cumberland County, Pennsylvania or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises, except for the limited purpose of transferring custody of the parties' child. Defendant shall remain in the vehicle at all times during the transfer of custody. N On May 26th at 8:00a.m., Defendant may enter the shed to retrieve his personal effects. r SEP-12-19 SJN 09,53 PM CENTRAL PROCESSING FAH NO. 9752166 P. 02 cOMMOly? * T OF PENNr;YI VANIA POLICE cOUNTyOF: an riand CRIMINAL COMPLAINT idcm•ia[ Dis•r r: iatrict Jtntice NaretNm. comuOlr'wEnl.•1zI OF Pr•:NrrsYlvnrtla vs. DEFENDANT. NAme and Aocatss ;1alr}itpa:: 1 r Barry Ray XxrzsM:x Sr. CF1 4458 legs Can Itoad ockotNo.: Carlisle, PA 17013 [SEP 14 1999 ate Filed: 717-258-4959 IOTN: 196-50-1576 1154-85-40-0 Plate Nutter State ``Wstretim Stidar(W./ty) state I PA, 2043 611.5 H2-1098163 1 1 260 District Attorney's Of5ce (-JApproved [-I Disapproved because: (The district attornmecyy nay retpfr t ft caWtaint, arrest mrrmt efficevit, or both be 4Vro*d by ore attorney Pow the Cmiareeatth a1ior to fWrQ Pa.R.Cr.r. 1W.) WBW 6t omy or.ypC .Signrc t .or ma[v:tfiT-" -?taT" I, 'Ibr- Miohaal R. EJC3?i 7049 Here of Af)°IPtra6o Print ar ryW) <effian' earl N / ..) of A State Fblice PAP3? )0C (IGamry oe;.ar ;t ar acpreeed orTPoYitico;vision) (P =Agecy CRL laaber) ('s'18tretvg A9e>:I Caro H.NNirCewA)) do hereby stateAheck the appropriate box) 1. 1.81 I accuse the above named defendant, who lives et the address set forth above C1 I accuse an defendant whose name is unknown to me but who is deseribed as ? I accuse the efen nt whose name an popular designation or nickname is nn awry, tome and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 1 {mar t ane West Pevmboro Tsp. rPlawwFiw rvta,m) in _0Arx rland County on or about 09/11/99 at a) 1l]A 1145 I'articapants were. (if there were participants, place their names here, repeating the name of the above defendant) Barry Fay NC4+TLS=H S 2. T: a acts committed bV?the accusedwere: (Set forth a w=ry of the fs a:fficiant to arise the dafgs4t of the stun of the offer" eraraW. A eftadw to tla> ststw at: Y victatai without sere, is not staff lciwt. in a i emary cese, y;u mnt cite tha *ecific section, aid ahectim of the staate w ordiraoe all v violatai.) The defendant did violate art order issued under that E:otectiW From Abuse Act F.R. 19.92-512 dated 06/U/92, by the Ccurt- of Caamm Pleas of C]ricerland (btu)ty. The FFA No. 91-2572, Civil Term was issued by the H=rable Judge George E. HOFFM on 141y 19, 1999 it) tree Court of Cxro= Pleas of Clmd)erland County. To wit- The defendant did exit the vehicle when he picked uro his child at the victim's residence in violation of the PEA and did shut off the electrical paNar to the victim's residere as well. cls?kt-'? cr.QJ AOr 412-01%)((nternet Vctaim) 1-3 N a-j - SEP-12-1999 SUN 11:50 PH CENTRAL PROCESSING FAX NO. 9752166 K 02 COMMUNWLAI'1'fl OF 1'LNNSYLVANLA COUNTY OF: Cokerland District Huber: Justice Nma:lim. POLICE, CRIMINAL COMPLAINT [ OF PENNSYLVANIA VS. r- )ocket No.: )ate Filed: DEFENDANT: WAR and ADDRESS Larry Ray MCNISMITH Sr. 445B Longs Gap Road Carlisle, PA 17013 717-258-4959 IOTN: I L -i Trt's Race/EtMie ty is O Asian Cl Block efittltnt's sex ? Panslc a ozYnt's D.O.B. of is Social Security Nuilcr a 's SID El nislxnk G] Native Menem 0 lk*nan In Male 05/23/1963 196-50-1576 156-85-40-0 Lando VS A.K.A. admit '9 Ve hicLe nfernatiom ofcn,Wlt'S Driyar'a License NU*w Plate Maher Stott Registratim Sticker(MM) State PA 20436715 Atiplaint/D'eidert Maker IainVmaidDa Nunwa if other part a pants Ims code 142-1088163 260. District Attorney's Office `tF Approved Fj Disnpp roved C because: Me district ottomey noy rWre at the carplaint, arrest warrant affidavit, or both be q vevd ty the attorney for ft cwwwaalth prior to tiling Ps.R.Cr.P. 107.) _ 7At 0 on'ey or a ease Print or )pa ?j5 gnr re o onxy or r l, Tor. Michael a R1JGTi 7049 (Nare of Ail iersWL-e Print or typC) (Of )car Seaga Mahar/I.D.) Df PA State Police P11PSg1000 ?(Idonti fy Depnroant or Agatcy Rcprosarted and Po itrcal ivision) (Pa re Agany nil Ruri rr) CDrigirotlra AgatCy rme NJdror(OCN)) clo hereby state:(check the appropriate box) 1. 0 I accuse the above named defendant, who lives at the address set forth above O I accuso nil defendant whose natae is unknown to me but who is described as ? I accuse the defendant whose name and pope ar designation or nickname is unknown tome and whom 1 have thereforo designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 1 Cedar Lane, West Permsboro Two., (Piece- teas m in CLutberland County on or about 09/11/99 at g2p=. 1145 Participants were: (if there were participants, place their names here, repeating tho name of the above defendant) 13arrv Raw "1SMi1ij Sr. 2, The acts committed b the accused were: (Set forth a sunrerv of the }acts Wffieitnt to Wait the I tit a int of the of the rotwe the dffase charged A citation to to ree egiM y v violated stahm wi thout more, is rn sun ieicnt. In a ermmry wso, you mat cite the spoeiflc section and sW seet m of the staatuto e or ordmaee al allgedly violated.) The defendant did violate an outer issued under the Protection From Abuse Act F.R. 1992-512 dated 06/04/92, by the Court of CcmTcn Pleas of C1mlYerland County. The PEA Noy 91-2572, civil Term was issued by the Honorable Judge George E. HOFFSR on May 19, 1999 in the Court of Cannon Pleas of Clmberland County. rib wit- The deferldwit dial exit the vehicle when he picked up his child at the victim's residence in violation of the PFA and did shut off the electrical power to the victim's residence as well. Aa'C 412-(4/96)(Inccnrt version) 1.3 OCT 0 8 DENISE L. MONISMITH, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 91-2572 CIVIL BARRY R. MONISMITH, SR., Defendant : CHARGE: INDIRECT CIRIMINAL CONTEMPT MOTION TO CONTINUE AND RESCHEDULE HEARING 1. On September 20, 1999 this Honorable Court issued an Order directing that Defendant Barry R. Monismith, Sr., in the above referenced matter appear for trial on the charge of Indirect Criminal Contempt before the Court on October 11, 1999 at 10:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Attached hereto marked as Exhibit "A" and incorporated herein by reference is a copy of this Court's Order. 2. Defendant Monismith has retained Karl R. Hildabrand, Esquire, Metzger, Wickersham, Knauss and Erb, 3211 North Front Street, P.O. Box 5300, Harrisburg, PA 17110-0300, to represent him regarding the matter in question. 3. The undersigned counsel is presently attached to a two to three day civil trial in the Court of Common Pleas of Franklin County, Pennsylvania, to commence on October 11, 1999. 4. The jury for the aforesaid trial has already been selected and the trial is scheduled to start at 9:30 a.m. on October 11, 1999. Document k: 161402.1 DENISE MONISMITH, Plaintiff V. BARRY MONISMITH, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 91-2572 CIVIL TERM IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 19th day of October, 1999, I adjudicate defendant in contempt for violation of the protection from abuse order entered on May 27, 1999. Sentence is that you undergo a period of unsupervised probation for three months on condition that you be and remain on good behavior and comply with all terms and conditions of the protection from abuse order. Mary-3o Mullen, Esquire Assistant District Attorney Karl R. Hildabrand, Esquire For Defendant Probation Sheriff prs Jo/aa/gq Sold By: Romberger Binderv - Form H-306 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. COMMONWEALTH VS Barry Ray Monismith 514 College St. College Park Apts Carlisle PA 17013 FILED Seot.7,1983 NO. 751 k.siimpie AssauL CHARGE B Crim7.n AFFIANT Joann K VERDICT BA IJ RY other Lyons DISTRICTJUSTICE COMMITMENT IT ES CONSTABLE MOTION FOR NEWTRIAL Joann K.Keeney DISTRICT ATTORNEY 10 .00 SHERIFF COSTS SHERIFF 1 .50 CERT. TO STATE LAW LIBRARY POSTAGE CUMe.CO.USE COMMONWEALTH A 10 00 FINE DOMESTIC VIOLENCE A 10 00 BENCH WARRANT TAKING BAILOR REVOKE FILING PAPERS ETC. 50. 00 SUBPOENAS ,I 3 NOLLE PROS. CONTINUANCE A TRUE COPY FROM 4 0R 6 TAKING RECOGNIZANCES nTestimony Whereof, I hereunto et y hand FORFE=CCF RECOG NI2ANCES COST PAID: Clerk of a Court Y I ?I CK_ ? FILED: 9/29/83 CITATION OF STATUTE AND SECTION 18 Pa.C.S..A. 2701 (A) FILED: OCTOBER 7, 1983 IN RE: APPOINTMENT OF COUNSEL ORDER OF COURT AND NOW, October 4, 1983, at 9:.24 a.m., the defendant, Barry Ray Monismith, having appeared in open court without.the benefit of counsel, the Public Defender is appointed to represent him on the above-captioned matters. By the Court, also see 752 CR 1983 Harold E. Sheely, PJ DIFFENDAN71'S „s OVER CRIMINAL 19 83 FILED: OCTOBER 7, 1983 IN RE: ARRAIGNMENT ORDER OF COURT AND NOW, October 4, 1983, at 9:26 a.m., the defendant,. Barry Ray Monismith, having appeared in court together with the Public Defender, Carol Munson, Esquire, and thereading of the Informations having been waived in open court, and the defendant having. been advised of the times in which to request a Bill of Part- iculars, to move for discovery, and to file and serve an omnibus Pretrial Motion, the pleas of not guilty are accepted, and the defendant is directed to appear for trial on Monday, November 7, 1983, at 9:00 a.m. By the Court, also see 752 CR 1983 Harold E. Sheely, Pi FILED NOV.9,1983 RE:DEFENDANT PLEADS GUILTY ORDER OF COURT AND NOW,November 7,1983,at 12:23 P.M.the defeidant,BARRY.RAY MONISMITH, having appeared in open court together with the public defender, Carol F. Munson,Esquire,ahd having tendered a plea of guilty to Count A of 751 Criminal 1983,which plea the district attorney accelts in full satisfaction of allcharges with the understanding that the defendant will make restitution for the dam- ages to the car involved in Count B.and having tendered a plea of guilty to Count C of 752 Criminal 1983,which plea the district attorney accepts in full satisfaction of all charges, with the understanding that he will make restitution due in any of the other counts,the plea being entered after he indicated that understood the nature and elements of the offenses and under- stood his varous constitutional rights which were explained to him and to numberous others in detail in his presence,and having indicated that he under- stands that the plea here will be in no way preventative to the commonwealth filing a charge against him for theft of the firearm which was allegdly involved the pleas are accepted and recorded and, Sentence is deferred pending receipt by the court.of a preseitence investigation report. By the Court, DFS, S.J. FILED: NOVEMBER 10, 1983 PROCEEDINGS BEFORE HONORABLE DALE F. SHUHGART, SENIOR JUDGE, CARLISLE, PENNSYLVANIA, IN COURTROOM NO. 1, COURTHOUSE, MONDAY, NOVEMBER 7, 1983. RE: DEFENDANT PLEADS GUILTY also see 752 CR 1983 SEE NEXT PAGE COMMONWEALTH VS BARRY RAY MONISMITH 751 CRIMINAL 1983 FILED: DECEMBER 7, 1983 CHARGE: A. SIMPLE ASSAULT AFFIANT: JOANN KEENEY RE: DEFENDANT APPEARS FOR SENTENCE ORDER OF COURT AND NOW, December 6, 1983, at 10:29 A.M., the defendant, BARRY RAY MONISMITH, having appeared for sentence with the public defender, Carol F. Munson, Esquire, the court having received a presentence investigation report, On 752 Criminal 1983, sentence of the court is that the defendant pay the costs of prosecution, make restitution, and undergo imprisonment in the Cumberland County Prison for a period of not less than 11-1/2 months nor more than 23 months, sentence to date from September 2, 1983; On 751 Criminal 1983, sentence of the court is that the defendant pay the costs of prosecution, make restitution if there be any, and not less than three (3) months nor more than six (6) months, sentence to run concurrent with the sentence imposed in 752 Criminal 1983; On 973 Criminal 1983, sentence of the court is that the defendant pay the costs of prosecution, make restitution if any is due, and undergo imprisonment in the Cumberland County Prison for a period of not less than 11-1/2 months nor more than 23 months, sentence to run concurrent with the sentence imposed in 752 Criminal 1983. By the Court, DFS, SJ also see 752 and 973 CR 1983 FILED: DECEMBER 9, 1983 PENNSYLVANIA COMMISSION ON SENTENCING, GUIDELINE SENTENCE FORM, filed. FILED: FEB. 2, 1984 RE: AMENDED ORDER OF PAROLE ORDER OF COURT AND NOW. February 2, 1984, at 9:15 A.M., the order of parole entered January 31, 1984, to 973 Criminal 1983, is amended to include the parole of the defendant, BARRY RAY MONISMITH, to all three above-captioned cases, so that he may immediately begin serving the sentence imposed to a state correctional institution to 929 Criminal 1983. By the Court, George E. Hoffer, J. also see 752, 973 CR 1983 MAIN OFFICE 412 Erford Road Camp Hill, PA 17011 Stanley E. Schneider, Ed.D. Director 4GUIDANCE ASSOCIATES I rriP O F ENNSYLVANIA Camp Hill: (717) 732-2917 Hershey: (717) 533-4312 Carlisle: (717) 245-2289 Chambersburg: (717) 263.9392 FAX: (717) 732-5375 January 18, 2003 Thomas J Williams, Esquire Mattson, Deardorff, Williams, k, Otto 10 East High Street Carlisle, PA 17013 Robert L. O'Brien, Esquire O'Brien, Baric & Sherer 17 West South Street Carlisle, PA 17013 Dear Attorneys: r ?• 3 3Co5 Re: Tritt V. Tritt (Killinger) Cumberland County Court of Common Pleas No. 94-3767 I am sending my findings and recommendations regarding custody of Ambyr, age fourteen, and Jason, age sixteen. Ronald Tritt, the children's father, filed a petition to modify custody averring that, "he could provide a stable, nurturing and safe environment for them, which they are presently lacking-11 I-- I Interviewed both Ronald and Jeanne, the children's mother and reviewed their concerns, issues, experiences and preferences. I met with both Ambyr and Jason when brought in by each parent on separate occasions. They completed custody-related instruments including Parent Report Cards and Sentence Completion tests. In addition to reviewing Court Order and related pleadings, I reviewed a letter Ambyr addressed to her mother and Bruce (stepfather), which was undated, case formulation by D.B. Sanders, M.S., dated September 12, 2000 and December 13, 2000 regarding Ambyr and Jeanne's therapy, Ambyr's report cards from sixth through eighth grades (first marking period) and Jason's report cards from fifth, eighth and ninth grades. a y a3 omprehensive Psychological Services Drug and Alcohol Treatment A11001 , Tritt v. Tritt (Killinger) 2 Ronald indicated that he initiated his current custody petition and is going through the custody evaluation essentially because the children asked him to obtain custody. His issues and concerns were reviewed with Jeanne. Additionally, his concerns were addressed through information obtained from and about the children. Ambyr's report cards reflect satisfactory grades. Teacher comments over the last number of years include, but are not limited to her evidencing, strong or satisfactory progress in social development and work habits. It was noted that she has a strong work ethic, is a pleasure to have in class, and may not be working to the best of her ability in math but evidences commendable class participation. Similar comments were noted on Jason's report cards. He is noted to be a pleasure to have in class, evidences commendable effort, has a positive attitude for learning, is cooperative and dependable and has good work/study habits in addition to being identified as courteous. His grades are acceptable as well. The children have been in their mother's primary custody. There is no maladaptive behavior found in either Ambyr or Jason. Both children are bright, have good self-esteem, exhibit appropriate interpersonal functioning (with different styles) and present themselves as feeling safe and secure in their environment. Ambyr presents as a more "labor-intensive" young adolescent. She is engaging in a quest for attention, respect, acknowledgement and freedom while needing support, structure and protection as she moves through adolescence. She is a normal teenager who is meeting typical age-related developmental challenges. These include increased movement toward freedom and individuality as she struggles with the dependency of childhood and the independence of adulthood. Ambyr's mother adequately addresses Ambry's gender identification - her father provides needed respect, acceptance and support while attempting to responsibly be more permissive in his parenting approach than is Jeanne, who is more controlling. Both Ambyr and Jason, independent of one another, expressed opinions, regardless of which parent they were with at the time, expressing their observation that their environment in their current home has relaxed a bit since Ronald initiated this custody action. It appears that Jeanne and Bruce are currently meeting the demands of three teenagers in their home with a lot of structure - to which Ambyr in particular, may be reacting. Both indicate that their mothers' behavior toward them has become more routinized and perhaps more strict since Bruce entered Jeanne's life. Based on my findings, I am recommending that both Ambyr and Jason remain in the primary physical custody of their mother. The current winter/school schedule is adequately meeting their needs. Ambyr, in particular, could have more flexibility in Tritt v. Tritt (Killinger) the amount of time that she spends with her father, so long as she maintains her patterns of scholastic achievement. The alternating weeks in the summer seems to be working well and there is no need to recommend a change in that regard. However, the traditional `cookie cutter' schedule that typically identifies time with each parent will not continue to meet the realities and practicalities of the children. As noted, Ambyr presents as a more challenging young adolescent. She needs order, structure and predictability while at the same time needs to maintain her involvement in activities and peer relationships, which are important to her. These will require more flexibility and responsiveness in the parenting arrangement between Jeanne and Ronald. Jeanne's relationship with Ambyr could be bolstered. Jeanne openly noted that she and Ambyr are, at times, in conflict with one another. The September 2000 case formulation refers to "mother desires to improve her relationship with Ambyr and provide Ambyr with a safe place to talk...." At that time, therapy helped. Both Ambyr and Jeanne talk about their relationship being somewhat strained and challenging. It is, therefore, recommended that mother and daughter re-initiate counseling to smooth out their relationship. Both Jeanne and Bruce will benefit from increasing their knowledge of more effective/appropriate response patterns to the ever-changing developmental needs of the three adolescents in their charge. Finally, Ambyr and Jason will benefit when their parents, Jeanne and Ronald, consult with one another directly concerning the needs of their children and their own needs as co- parents. Counseling for co-parenting is strongly suggested. es ectfully, i Stanley E. cbneider, Ed .D., R.E. Psychologist Registered Custody Evaluator SES/aw/cs B. SHIRLENE KILLINGER, Plaintiff V. BRUCE E. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000,E S'CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PRE - HEARING MEMORANDUM FACTS: This matter was last before the Court in 2002. The parties, primarily the Father, spent several thousands of dollars for an evaluation by Dr. Schneider which closed with the following: "I believe, therefore, that it may be in Tristan's best interest to live primarily with his father during the school year beginning with third grade. Bruce's personality, characteristics and parenting behaviors offer more structure, control, supervision and monitoring than I believe Shirlene does, given her history with Brucie and the current concerns regarding Tristan. Non-school times such as most weekends and off school days as well as the summer can be spent with mother. Tristan's schooling is his major occupation at this point in time in his life and needs to be attended to in a more proactive and concentrated manner." Despite the recommendation the Court determined to maintain primary custody with the Mother. Tristan's school performance remains problematic with his achievement in 26 out of 43 areas reflecting the following comments: 112 - Showing Progress: The student is applying the skills, knowledge, and understanding some of the time. More practice, exposure, or guidance is needed. (Basic) 1 - Not Yet Meeting Expectations: The student is not applying the skills, knowledge, and understanding most of the time. More practice, exposure or remediation is needed. (Below Basic)" Another area of great concern to the Father is the Step - Father, Barry R. Monosmith, Sr., who has an extensive history of violence and abusive behaviors. Most recently the Mother in July 2004 stated the following in a PFA petition: Defendant argued with Plaintiff, yelled at her, called her fucking bitch, and told Plaintiff that he hated her. When she went upstairs to get away from him, Defendant followed Plaintiff, shoved her against the bed, and punched her on the leg. Plaintiff sustained bruising, swelling and soreness on the calf of her leg as a result of this incident. Plaintiff went to the Pennsylvania State Police in Newport, reported the incident, and the police photographed Plaintiffs injury. The police charged Defendant with simple assault, arrested him, and took him before District Justice Howell. Defendant was released on his own recognizance with the condition that he not have any contact with Plaintiff pending the preliminary hearing in the matter. 17. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: In or about June 2004, the parties argued, Defendant yelled at Plaintiff and called her names, grabbed her by the hair, shoved her against the bed, slapped her on the head several times, and repeatedly spat in her face. As a result of this incident, Plaintiff lost clumps of hair, and sustained bruising, swelling and soreness about her hip and buttock. After the parties' marriage in November, 2001, Defendant became verbally abusive toward Plaintiff and called her vile names, and intimidated her by yelling in her face while poking her face with his finger. In addition, Defendant damaged and/or destroyed household items such as the kitchen island, which he flipped over during one incident, in a separate incident Defendant used his arm to sweep glassware and paperwork off the counter breaking the glass, and during other incidents Defendant threw Plaintiffs world globe at her, and the television remote control, both which narrowly missed hitting her. Since the birth of the parties' child in September 2002, Defendant's physical abuse of Plaintiff included, but was not limited to punching and shoving her about, pulling her hair, and spitting on her. Mr. Monosmith's prior wife, Denise Matthews, had filed multiple PFA proceedings and PFA contempt matters against him. She and her daughters will testify as to his violent and aggressive behaviors during the time they lived with him. Additionally, Mr. Monosmith has an extensive violent criminal history resulting in his serving time in both the county prison as well as the state correctional institute. 2. EXHIBITS: The Father intends to present school reports as well Mr. Monosmith's PFA and criminal records docket entries. 3. WITNESSES: Bruce E. Killinger, Jr., will testify about his relationship with his son and why he feels it is in the best interest of his son to reside primarily in his home. Jeanne Killinger will testify about her relationship with Tristan and her desire to have him come live in her home. Bruce E. Killinger, III, will testify, by phone or by deposition filed subsequent to this hearing, about being raised in his Mother and Step - Father's home. Denise Matthews will testify about Mr. Monosmith's behavior when they were married and subsequent to their divorce as well as her contacts with Mrs. Monosmith. Barry Monosmith, Jr., will testify about his observations and thoughts about residing with the Monosmiths and how Tristan is treated in the home. Jamie Myers will testify about the years she spent as a minor stepchild to Mr. Monosmith. Melissa Lindsay will testify about the years she spent as a minor stepchild to Mr. Monosmith. 4. OTHER MATTERS: The Father requests that all the witnesses be sequestered from the courtroom. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 B. SHIRLENE (KILLINGER) MONISMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-5448 CIVIL ACTION LAW BRUCE E. KILLINGER, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 28, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Est _ , the conciliator, at DJ Manlove's,1901 State St., Camp Hill, PA 17011 on Wednesday, August 17, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greeiy, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED--OFFICE OF THE PROT tC'NOIARY 2005 JLI[I28 Pei ?:04 v11 RECEIVED JUN 212005 B. SHIRLENE (KILLINGER) : IN THE COURT OF COMMON PLEAS MONISMITH, Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRUCE E. KILLINGER, JR., NO. 2000-5448 CIVIL TERM Respondent/Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached Petition for Contempt, it is hereby directed that the parties and their respective counsel appear before Melissa Peel Greevy, Esquire, the conciliator, at , Camp Hill, Pennsylvania 17011, on the day of 2005 at . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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 scheduling conference or hearing. B. SHIRLENE (HILLINGER) MONISMITH, Plaintiff V. BRUCE E. HILLINGER, JR-, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-5448 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff/Petitioner, B. SHIRLENE (KLLINGER) MONISMITH, by and through her attorneys, IRWIN & McKNIGHT, and files this Petition for Contempt as follows: 1. The Plaintiff/Petitioner is B. Shirlene (Killinger) Monismith, an adult individual residing at 49L Hidden Valley Road, Loysville, Perry County, Pennsylvania 17047. 2. The Defendant/Respondent is Bruce E. Killinger, an adult individual residing at 728 Bloserville Road, Newville, Cumberland County, Pennsylvania 17241. 3. An Order of Court was entered on October 23, 2000, setting forth the custody of Tristan M. Killinger, born December 11, 1993. A copy of said Order of Court is attached hereto and made a part of this Petition and marked as Exhibit "A". 2 4. The Defendant/Respondent has failed comply with the requirements in the Court Order in that he failed to return said minor child, Tristan M. Killinger, to the custody of the Plaintiff/Petitioner on Sunday, May 29, 2005 at 6:30 p.m. 5. Due to Defendant/Respondent's failure to comply with the Court Order, he is in Contempt of Court. WHEREFORE, Plaintiff/Petitioner, B. Shirlene (Killinger) Monismith, respectfully requests this Honorable Court to Order the Defendant/Respondent to comply with Order of Court dated October 23, 2000, by providing an additional weekend for the Plaintiff/Petitioner with Tristin and a finding of contempt against the Defendant/Respondent. Respectfully submitted, IRWIN & By: Marc A. Mc t, III, Esq. 60 W Pomfret S eet Carlisle, PA 17013 717-249-2353 Attorney I.D. #: 25476 Attorney for the Plaintiff, B. Shirlene (Killinger) Monismith Dated: June 16, 2005 3 B. SHIRLENE KILLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5448 BRUCE E. KILLINGER, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this ,t3A4( day of dezz" 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, B. Shirlene Killinger and Bruce E. Killinger, shall have shared legal custody of the minor Children, Bruce E. Killinger, III, born November 29, 1985, and Tristan M. Killinger, born December 11, 1993. 2. Physical Custody of Bruce. Primary physical custody of the minor Child, Bruce E. Killinger, 111, born November 29, 1985, shall reside primarily in Father subject to Mother's rights of partial custody. In the event that Mother would like to exercise partial custodial rights during the school week, these periods shall run from 6:30 PM until 8:30 PM and be available to her upon a seven-day notice to the Father. Mother shall have partial physical custody on alternating weekends to commence October 13, 2000, from Friday at 6:00 PM until Sunday at 6:30 PM. 3. Physical Custody of Tristan. The Mother shall have primary physical custody of the minor Child, Tristan M. Killinger, born December 11, 1993, subject to Father's rights of partial physical custody on alternating weekends and evenings during the week as the parties shall mutually agree. Father's weekend partial custody shall be from Friday after school until Sunday at 6:30 PM to commence October 6, 2000. In the event that Father would like partial custody on evenings when he is not working, his custodial period shall run from 4:00 PM until 7:30 PM and shall be available to him upon a seven-day notice to Mother. Due to Father's rather complicated rotating shift work schedule, Father will give copy of said schedule to Mother so that she may anticipate when he may be available to spend time with the Child. The parties are encouraged to be flexible with each other with regard to arranging periods of custody for each Child with each of the parents in order to assure frequent and continuing contact with both parents for both Children. 3. It shall be acceptable for the Maternal Grandmother to provide childcare for Tristan. 4. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall No. 00-5448 ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties shall attend the Seminar for Separating Families offered through Inner Works of Harrisburg. 6. Holidays. A. Christmas. Christmas shall be shared on an A/B schedule. Segment A shall run from December 24th Noon to December 25th at 2:00 PM. Segment B shall run from December 25th at 2:00 PM until December 26th at 8:00 PM. In even-numbered years Father shall have the Children for Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. B. Thanks. iving. Thanksgiving shall be shared under an A/B schedule. Segment A shall run from the day before Thanksgiving until 2:00 PM Thanksgiving Day. Segment B shall run from 2:00 PM Thanksgiving Day until the day following Thanksgiving at 8:00 PM. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. C. Easter. Easter shall be shared in an A/B schedule. Segment A shall run from the Saturday before Easter until Sunday at 2:00 PM. Segment B shall run from Easter Sunday at 2:00 PM until Easter Monday at 8:00 PM. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. BY THE COURT, Dist: Dan McGuire, Esquire, PO Box 61, Duncannon, PA 17020 Marcus A. McKnight, III, Esquire, 60 W. Pompfret Street, Carlisle, PA 17013-3222 I his w 1 6L u? ?` t?! B. SHIRLENE KILLINGER, Plaintiff vs. BRUCE E. KILLINGER, JR., Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5448 : CIVIL ACTION - LAW : CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bruce E. Killinger, III Tristan M. Killinger November 29, 1985 December 11, 1993 Father Mother 2. A Conciliation Conference was held on October 4, 2000, with the following individuals in attendance: the Mother, B. Shirlene Killinger, and her counsel, Marcus A. McKnight, III, Esquire; and the Father, Bruce E. Killinger, Jr., and his counsel, Daniel McGuire, Esquire. 3. The parties have agreed to the entry of an Order in the form as attached. ?))Jllf 7 e Date elissa Pee Greevy, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ?R qA B. IRLENE MONIS ITH 12 Date: & - D5- 3 B. SHIRLENE (IOLLINGER) : IN THE COURT OF COMMON PLEAS MONISMITH, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRUCE E. IQLLINGER, JR., NO. 2000-5448 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Contempt was served upon the following by facsimile transmission and by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 By: Date: June 16, 2005 4 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 L'? r..n Tr O C. ` O U ?aJ N u A. u MAR 15 2005 / B. SHIRLENE (KILLINGER) MONISMITH, Plaintiff V. BRUCE E. KILLINGER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-5448 CIVIL TERM IN CUSTODY PRE-HEARING MEMORANDUM AND NOW comes the Plaintiff, B. Shirlene (Killinger) Monismith, by and through her attorneys, Irwin & McKnight, and files this Pre-Hearing Memorandum setting forth as follows: I. SUMMARY OF CASE: The parties are the parents of two (2) children. The oldest child, Bruce E. Killinger, III, was born November 29, 1985. He is now emancipated. The younger son is Tristan M. Killinger, was born December 11, 1993. He is a grade school student attending the fifth grade at Blain Elementary School. He has always been in the primary custody of his mother. If primary custody were to be awarded to the Father, Tristan would need to change schools in order to attend the Big Spring School District. Tristan should be permitted to remain at West Perry for the remainder of the 2004-2005 school year. II. ISSUES: Whether Tristan M. Killinger, should change custody in order to reside with his father? 1 III. POSITION OF MOTHER: The mother's position is that Tristan's desire to remain with her should be respected. The father will continue to have significant contact with Tristan. IV. WITNESSES: 1. B. Shirlene (Killinger) Monismith R. D. #2, Box 49L, Loysville, PA 17047 will testify regarding her relationship with her child, Tristan. 2. Barry Monismith, R. D. #2, Box 49L, Loysville, PA 17047 will testify regarding the relationship between mother as well as his relationship with Tristan. 3. Tristan Killinger, son of the parties, will testify regarding his relationship with his parents, stepfather, and his desire to remain with his mother. 4. Pastor Linda Lambert, Brethren in Christ Church 1155, Walnut Bottom Road, Carlisle, PA 17013, will testify as to the Plaintiff and Mr. Monismith's relationship and their relationship with Tristan. 7. Gena Campbell, sister of the mother, 105 Shed Road, Newville, PA 17241, will testify as to the relationship between the parties and Tristan. 8. G. Eugene Stambaugh, the grandfather, 2821 Enola Road, Carlisle, PA 17013 will testify as to his involvement with Tristan and his response to the parties. 9. Barbara Stambaugh, the grandmother, 2821 Enola Road, Carlisle, PA 17013 will testify as to her relationship with Tristan and his response to the parties. 10. Lois Kreitzer, 18 Mountain View Terrace, Newville, PA 17241, will testify as to the relationship of Tristan to their mother. 11. Hayes Kline, Anger Management Counseling, will testify as to the relationship of Shirlene and Barry Monismith. 12. Ron Tritt, 77 Barn Road, Newville, PA 17241, will testify regarding the anger of the father toward a minor living in his household. 13. Amber Tritt, 77 Barn Road, Newville, PA 17241, will testify as to the anger of the step- father toward her 14. Denise Dunlap, Cumberland County Children and Youth. 15. Bruce E. Killinger, as on cross examination. 2 V. CONCLUSION: The Defendant's claims are unfounded and the desire of the minor child, Tristan M. Killinger, to continue to reside with his mother a majority of the time should be respected. Respectfully submitted, IRWIN & By: Marcus ??,. McKniglt, III, 60 West ?I ntfret Strt Carlisle, Pennsylvania-M13 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 15, 2005 B. SHIRLENE (KILLINGER) : IN THE COURT OF COMMON PLEAS MONISMITH, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRUCE E. KILLINGER, JR., NO. 2000-5448 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Hearing Memorandum was served upon the following by facsimile transmission and by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 IRWIN By: Marcus `McKnikffIII Es 60 West omfret Stre Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 15, 2005 4 MAR 15 zoos I B. SHIRLENE (KILLINGER) : IN THE COURT OF COMMON PLEAS MONISMITH, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRUCE E. KILLINGER, JR., NO. 2000-5448 CIVIL TERM Defendant IN CUSTODY PRE-HEARING MEMORANDUM AND NOW comes the Plaintiff, B. Shirlene (Killinger) Monismith, by and through her attorneys, Irwin & McKnight, and files this Pre-Hearing Memorandum setting forth as follows: 1. SUMMARY OF CASE: The parties are the parents of two (2) children. The oldest child, Bruce E. Killinger, III, was born November 29, 1985. He is now emancipated. The younger son is Tristan M. Killinger, was born December 11, 1993. He is a grade school student attending the fifth grade at Blain Elementary School. He has always been in the primary custody of his mother. If primary custody were to be awarded to the Father, Tristan would need to change schools in order to attend the Big Spring School District. Tristan should be permitted to remain at West Perry for the remainder of the 2004-2005 school year. II. ISSUES: Whether Tristan M. Killinger, should change custody in order to reside with his father? 1 III. POSITION OF MOTHER: The mother's position is that Tristan's desire to remain with her should be respected. The father will continue to have significant contact with Tristan. IV. WITNESSES: 1. B. Shirlene (Killinger) Monismith R. D. #2, Box 49L, Loysville, PA 17047 will testify regarding her relationship with her child, Tristan. 2. Barry Monismith, R. D. #2, Box 49L, Loysville, PA 17047 will testify regarding the relationship between mother as well as his relationship with Tristan. 3. Tristan Killinger, son of the parties, will testify regarding his relationship with his parents, stepfather, and his desire to remain with his mother. 4. Pastor Linda Lambert, Brethren in Christ Church 1155, Walnut Bottom Road, Carlisle, PA 17013, will testify as to the Plaintiff and Mr. Monismith's relationship and their relationship with Tristan. 7. Gena Campbell, sister of the mother, 105 Shed Road, Newville, PA 17241, will testify as to the relationship between the parties and Tristan. 8. G. Eugene Stambaugh, the grandfather, 2821 Enola Road, Carlisle, PA 17013 will testify as to his involvement with Tristan and his response to the parties. 9. Barbara Stambaugh, the grandmother, 2821 Enola Road, Carlisle, PA 17013 will testify as to her relationship with Tristan and his response to the parties. 10. Lois Kreitzer, 18 Mountain View Terrace, Newville, PA 17241, will testify as to the relationship of Tristan to their mother. 11. Hayes Kline, Anger Management Counseling, will testify as to the relationship of Shirlene and Barry Monismith. 12. Ron Tritt, 77 Barn Road, Newville, PA 17241, will testify regarding the anger of the father toward a minor living in his household. 13. Amber Tritt, 77 Barn Road, Newville, PA 17241, will testify as to the anger of the step- father toward her 14. Denise Dunlap, Cumberland County Children and Youth. 15. Bruce E. Killinger, as on cross examination. 2 V. CONCLUSION: The Defendant's claims are unfounded and the desire of the minor child, Tristan M. Killinger, to continue to reside with his mother a majority of the time should be respected. Respectfully submitted, IRWIN & By: Marcus 4. McKnig t, III, S. 60 West omfret Str t Carlisle, Pennsylvania 13 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 15, 2005 B. SHIRLENE (KILLINGER) MONISMITH, Plaintiff V. BRUCE E. KILLINGER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-5448 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Hearing Memorandum was served upon the following by facsimile transmission and by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 IRWIN By: Marcus 4.McKnikfflj , III ,.Es 60 West omfret Stre Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 15, 2005 4 Law Offices O'RRIEN, RARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer April 13, 2005 Secretary of Public Welfare in care of the ChildLine and Abuse Registry P.O. Box 2675 Harrisburg, Pennsylvania 17105-2675 RE: Killinger V. Monismith Dear Secretary of Public Welfare: (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com I am contacting you on behalf of my clients, Bruce Killinger and Jeanne Killinger of 728 Bloserville Road, Newville, Pennsylvania 17241. Enclosed is a copy of a Child Protective Service Investigation Report that Mr. Bruce Killinger was an indicated person. On behalf of Mr. Killinger, the report is not accurate and he is requesting that this be expunged. In addition, Mr. Killinger requests that you forward the name(s) of the person who made the report and any other person(s) who cooperated in the investigation, to this office. Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO/ta Enclosure cc: Denise Dunlop, CCC&YS Bruce Killinger File rlo%DomesticVtill inger,Brucelsecretaryofpubl icwelfare.itr Cumberland County Children and Youth Services Page 2 The name of the person who made the report or any other person who cooperated in the investigation may not be released except by the Secretary of Public Welfare upon written request. Such request should be sent to Secretary of Public Welfare in care of the ChildLine and Abuse Registry, P. O. Box 2675, Harrisburg, PA 17105-2675. If the report is determined to be unfounded, the report shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received. However, if the investigation reveals that the child and family need social services provided by or arranged by our Agency, the records will be retained and indicate that the report of suspected child abuse was unfounded. If the report is determined to be indicated, the person responsible for the abuse may request that the report be amended or expunged if he or she feels the report is not accurate. Such requests must be made to the Secretary of Public Welfare at the above address within 45 days after being notified that the report is indicated. Not all abuse matters go to Juvenile Court. However, where there is no cooperation to assure safety of the child, Cumberland County Children and Youth Services will petition Juvenile Court. If the case goes to Juvenile Court, you have the right to have an attorney, introduce evidence and cross-examine witnesses. If you cannot afford an attorney, the Court may appoint an attorney to represent you at no cost. If the Court finds a perpetrator is an abuser, that finding may not be appealed to the Department of Public Welfare. A person responsible for the abuse in a founded report may not be employed in any child care service, public or private school, or be a foster or adoptive parent within five (5) years of when the abuse was committed. A person convicted of any of the crimes listed in Section 6344 of the Child Protective Service Law (SS Pa. C.S.A. §6344) may never be employed in any child care service, public or private school, or be a foster or adoptive parent. The goal of our Agency is to protect children from harm and where possible to keep them in their own homes. To help parents and other caregivers to keep children in their own homes, our Agency provides or arranges for social services for the child and family. I will gladly discuss with you services that are available. If you have any questions during the investigation, please call me. The Agency telephone number is 240-6120; 697-0371 ext. 6120 or 532-7286 ext. 6120. %, Sincerely, Denise Dunlap CPS Intake Investigation Caseworker I acknowledge receipt of a copy of this letter. Signature: Date: ftoft CCC&YS CPS-7 Rev. 11/99 03/ mwftmaffiiftu . 2y12005 16:10 7172431850 MDWO CHILD PROTECTIVE SERVICE IJWESTIGA))ON REPORT U LhecK tnta u,w,..,.4, Y ..._, PAGE 02/03 (Title 23 Pa. C.S.A. Chapter 63) ?X Check this block for child abuse INSTI UCTIONS: Send ant copy of this completed Conn to ChildLinc & Abuse Registry, Hillatem. V Floor, P.O. Box2675, Hxdsbuta. PA 17105.2675 within 30 days. ofthe teceiot of un oral repon ofwsPlggl use. Pleteetype or Prim. Use one fwm ila incident. . A DA OP f i PAraaFGafAt. Onwin 1/04/Oi to 01/28/05 O l a 2 8 O S 21-06379 r, NAr+S (lam Fin. Middk 'bU TE Tdtt Amb 1 1 - 1 3- :8 8 r ADDP pee Sutra eay, sic Zip Cede) WUPITY AL 77 Farm Road, Newvil le, PA 17241 Cumberland 168-70.1153 C. BroLOGtCA ADGPTir'a lta<Fb4Midd1. 6G 9 AL vrirr' am Killit? eq'Iean 160-66.0604 04 11 67 ADnaP.ss cotorrr 728 73lomrville Road Newville, PA 17241 Cumberland a nID1aG1CAt/ PA {L+4. Fim Mulae lnd'gn AL UNNG. am:y mAra 7}i Ron . 190-56.0647 10 13 63 ADD a nee SEei,t:,hy. S,icatP Ladd Cmarrl' I1er PA 1 77 Farm Roa N Cumberland . Z E. AGENCYOR GAL GUAaDAN den Pu Hcck YAam ) P£LA7101aSNDYD Lp SOCIAL Na. gDDxESS thxk rSnml iLw•Zia Cane) Comm . Hm77mA7'E p, aMFLOYwl(lan.ruar,. Middle lvd'gP sEx ? aFi,. rP aDCrnr. N0. Ki)]i er,Brttce Ste •father' 194.60.5606 takNaesa.et.[hy.srme.alP 7 e attlYlmw 728 Hlossei ville Xcad, Newville, PA 17241 . Cumberland 08 26 66 G..FAMILY liatl6®7W'd7- DSmp't(W [GM6Y.EraFgt Aa NANO;" F' Mebn TI TO NAW Phs uhu 77GNS A. TYPEOFA US EGLECT Man I.' Physical Injuries Ol Sum95oalding 06 Welu/Eeftuasis ]I AsphyxiatiaVSuffocation 16 Drowning 02 pmaueras 07 Laceeations/Abnsiom 12 lnnxnal lnjuriuM morrhsge )7 Ottr 03 SkullFmmures O8 PunatmxIAtim 13 Dlamembetmant - - 04 Subdival Jlemamma D9 Brain Damage 14 aptainslDislncadoes 05 Bruises 10 Poisoning 15 Drugs/Aicobol © 2. Meals) injuries (DON(YfCOMPLETEFORSTUDENT ABUSE) 3: Sexual Abuse or ExPI"im 19 Rape 21 latest 23 Sexml Assault 25 PgnPbY 20 Statutory Rape 22 Deviate Sexual Intercourse 24 Pmmating Prostitution 4. Physical N41cm (Do NOT COMPLETE FOR STUDENT ABUSE 26 Malnutrition F2$771 Lack ofSu;mvW0n 29 Medical NqW (resulting in 30 Other 2'I Failure to Thrive (resulting in aphysick It Physical condition) condition) . 5, Imminent Risk (DO NOT COMPLETE FOR STUDENT ABUSE) 31 Physical Injury 32 Sexual Abm or Exploitation B- DESCRIBE THE 7NJURIES/CONDITIONS CHECKED ABOVE Referral source reported that the p!Metrator told the child to "Do the dishes or 1 will blow our brains olrt while holdin a handgun. Zzi 0 - to '1 ZI) 03/29'.2005 16:10 7172431850 MDWO PAGE 03/03 CtBLD PARENT PERP PM PURR PUPR CWLD PARENT, PERP. PUPR PLTR PUPR 01 02 03 04 OS 06 Grw.sdins 25 26 27 28 Hamemekarimnaka Se.vtacr 07 08 09 10 ) I I2 Refemal 10 M-Hdp Ora.p 29 30 31 32 Iemant0o and EdteNimt far peretnhvw 13 lA IS l6 17 ] 8 Refeml m lnkavlgemy Services 33 Innergevey Medial Care I Edam] 19 ?0 21 ZZ 23 24 ?to Community 34 35 36 37 38 39 Grim P11PR r? 40 41 Mulddisemitmy Teom Case Review L?J No S"ke Planxd W Pmvtded A. Q PENiMr,311VENILE000RTACIION B- ? PENDING CRIMINAL COURT ACTION C. FOUNDED (Court Finding - specify below) (Updated CY 48 nquked when Coup (Updaed CY 48 requited whet Court actioncom leted) action completed) D. INDICATED I . Fj Medical Evidawe 2. D CPS Imowgpdon 3. ? Perpetrator E. ? UNFOUNDED (If checked, answer 1, 2, or 3) Admission PLEASE EXPLAIN IN DETAIL THE BASIS FOR THE CASE STATUS YOU CHECKED AND SPECIFY CRIMNAL ACTION; The indicated status is due to that the mental injuries to the child do meet the CPS Law criteria; the child was diagnosed by psychologist as chronically, anxious, agitated, depressed, socially withdrawn, and has reasonable fear that her safety is threatened by the perpetrator. Child has remained consistent and creditable in her discloser of mental and emotional abuses. The perpetrator, denies the allegation. WAS THERE A RELIGIOUS BASIS FOR CHILD'S CONDITION? (Applicable only ifE is checked) U YES ? NO, DID TILE CWLD DIE ASA RESULT OF THE INCIDENT OF ABUSEMEGLEC77(Applicable onty if C& D is ducked) Q YES [? NO Pkale theowas eemy as'Brreefadeas and rank them in order of relevance r)"being mau relevati). videdee MUSI exist b eprrfnrri the sekxlipn of ale Tsctor(s) which ' Appear to eonv'rbute to abwc. © SUBSTANCE ABUSE (INCLUDESDRUGiS,09MICALS,ALCOHOL,ETC.) SIMS (DUE TO FNA74CIALPROBL EMS. U NEMILOYMENT,DIVOR(:E,ETC) Q MARGINALPARENTAL SKILLS OR KNOWLEDGEGHMUDFS UNRSALISTICEXPECTATIONS. LIMITED KNOWLEDGE OF CV.DHOOD DEVELOPMENT, FTC,) ' O VULNERABILITY OF CHtIA. (DUE TO CHILD'S AGE, PHYSICAL LIMITATION, DEVELOPMENTAL DELAYS, ETC.) . Q SEXUALDEVIANCYOFPERPETRATOR(BASED ON A DIAGNOSIS OR CRIMINAL COKVIcTi0N) ABASE BETWEENPARENTFIGURPS (HLSTORYOFFIaHTY OBMVEENPAtGMtl'SORFMDIrSUBSMUMS) INSUFECMNTFAM[LY/SOCIAL SUPPORT (SUCH AS FAMILY AND FRIENDS UNAVAR ABLE TO HELP Wn19 FAMILY OR PSR$ONALNMM) IMPAIXFDRIDGE EITTOFPERPETRATOR (CAUSEDBYPHYS)CAL,MENTALOREMOnONALL)MTTAMONS) PERPSIRAT'OR ABUSED AS A CHILD CODNIY WME ABUSE OCCM= MVE--- GCOUNTY "a..:....: ,'"e5 e'. ;',4.':M'; , Cumberland Cumberland . CFBLDLINE WORKER. . coONtTAORKY WORIM . A, Denise Dunlap B COlail'Y AG®VC1'SWt]lYlaOA C- Christina Roland D. DATTc FORM COMPLETED E. 0 3 2 8 0 5 F. PAGE? GY ai..06'9s 00044b Law Offices OBRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Boric Michael A. Scherer May 27, 2005 Warren J. Lewis, Director Division of State Services Commonwealth of Pennsylvania Department of Public Welfare Office of Children, Youth and Families P.O. Box 2675 Harrisburg, Pennsylvania 17105-2675 RE: Ambyr Tritt Client: Bruce Killinger CL#: 210006379 Dear Mr. Lewis: (717) 249-6873 Fax (717) 249-5755 E-mail. obs@obslaw.com I write in response to your May 19, 2005 letter to advise that my client wishes to bypass the first level of the appeal process and proceed directly to the hearing. Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO/ta cc: Bruce Killinger, Jr. File rlolDomesticlKillinger,Brucellewis.ltr 1 ???t? iaievcar.. CG, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE OFFICE OF CHILDREN, YOUTH AND FAMILIES P.O. BOX 2675 HARRISBURG, PENNSYLVANIA 17105-2675 Mailing Date May 19, 2005 ROBERT OBRIEN, ESQ. LAW OFFICES 19 WEST SOUTH STREET CARLISLE, PA 17013 9 ,vc..e- k, iitiP%Te, Jr. RE : AMBYR TRITT Client : BRUCE KILLINGER CL #: 210006375 DEAR MR. OBRIEN: Your request for an appeal of the findings regarding the abuse of the above-named child(ren) has been received by the Department of Public Welfare. The first level of the appeal process is an administrative review of the information submitted by you and the investigating agency. For the Department to act on your request at the first level, you will need to send us information which details why your client believes the report is inaccurate or is being maintained in a manner inconsistent with the Child Protective Services Law. Please respond to the address above within thirty (30) days. If we do not receive a response within 30 days, the Department will complete the review with the limited information contained in your initial request. It will take four to six months until we issue a written decision. An unfavorable decision to either parry (you or the investigating agency) may be appealed and will result in a hearing before the Bureau of Hearings and Appeals. This is the second level of the appeal process. If your client wishes to bypass the first level of the appeal process, we must receive a written request for the hearing from you which is postmarked within ten days of the date of this letter. It may require a few months for the Bureau of Hearings and Appeals to schedule a hearing. Please submit it to my attention at the above address. Enclosed is a copy of the report(s) for your review. Sincerely, W 4' iex? Warren L. wis, Director Division of State Services Enclosure cc: CUMBERLAND CPS appea14 CHILD PROTECTIVE SERVIC -; INVESTIGATION REPORT (Title 23 Pa. C.S.A. Chapter 63) EJ Check this block if a report for student Arose A f- /- C 5 bK, . QX Check this block for child abuse INSTRUCTIONS: Send one copy of this completed form to ChildLine & Abuse Registry, Hillcrest, 2nd Floor, P.O. Box 2675, Harrisburg, PA 17105-2 5/withal days of the receipt of an oral renort of susoeited abuse. Please rune nr nrinr I Ice nrte f r,n we Inridnnr / r•. -- \ "I ENTIE.YING INS,' Ir 4A.ITON A. DATE OF INCIDENT - DATE OF ORAL REPORT REGISTER NUMB bn oin I/04/05 to 01%28/05 l 0 '1 2 8 0 5 21-06379 B NAME CNILD/STUDENT (LUL FirsLMiddk lni l) - BIRTFmpTE $ Tritt Amb r 1' 1 1 3 8 8 ? ' ADD4S5 (Include Sttm, City, Sate, Zip Code) COUNTY - SOC AL SE('URIrY NO. Cumberland C. aIOLOGICAUADOPTiVE MOTHS LaY. Fusi Middle lnuia0 ® SOCIAL SECURITY NO. BIRTW.%TB Killin er, Rann e A kA 540 160-66-0604 04 11 67 ADDRESS - COUNTY 728 BI serVille Road; Newville, PA 17241 Cumberland D. BIOIAGICAVAO PTIVEFATHER (Lvt, Five, Middlclnain0 SOCIAL SECURITY NO. BIRT}NATE ' Tritt, Ron 'I ADDRESS (Include tc, Cpy. 51.11. Zip Gad.) - COUNTY • . Cumberland AGENCY OR LECOkL•GUARDIAN RESPONSIBLE FOR CHILD (Other then public C&YAgency) RELATIONSHIPTO CHILD SOCIAL SECURITY NO. ADORE3S(Indudo-5tnc%.3ty.1p Code) - COUNTY BIRTHRATE F PERPETRAToR/SCNDOL EMPLOYEE (Coat First Middle Initial) SEX RELATIONSHIP TO CHILD SOCIAL SECURITY NO. Killin er, Bruce (M)? (F Step-father 194-60-5606 ADDRESS (Include Street, City. State, Zip Code) COUNTY BIRTMATE 728 Bloliserville Road, Newville, PA 17241 Cumberland 08 26 66 . FMOLY HOUSEHOLD COMPOSITION DO NOT COMPLETE FOR STUDENT ABUSE) NAME (L.., First. Initun RELATIONSHIPTO VICTI" NAME LaaL First, Initial) RELATIONSHIP TO VICTIM COPY `-11. `-NATURE OF ABUSE/NEGLECT A. TYPE OF ABUSE/NEGLECT 1. Physical Injuries 01 Bums/Scaiding 06 Welts/Eechymosis ) I Asphyxiation/Suffocation 1(y Drowning Fractures 07 Lacerations/Abrasions 12 Internal Injuries/Hemorrhage 17 Other Skull Fractures 08 Punctures/Bites 13 Dismemberment Subdurat Hematoma Q9 M B i Brain Damage 14 P i i ' Spains/Distocations D /Al oh l [' D RECEIVED ru ses IQ son o ng 15 rugs c o XX 2. Mental Injuries (DO NOT COMPLETE FOR STUDENT ABUSE) -? 3. Sexual Abuse or Exploitation ' 19 Rape 21 Incest 23 Sexual Assault ¢5 Pornography F2O Statutory Rape 22 Deviate Sexual Intercourse 24 Promoting Prostitution 4. Physical Neglect (DO NOT COMPLETE FOR STUDENT ABUSE) ' 26 Malnutrition 28 Lack of Supervision 29 Medical Neglect (resulting in 30 Other 27 Failure I,, Thrive (resulting in a physical a physical condition) condition) 5. Imminent Risk (DO NOT COM PLETE FOR STUDENT ABUSE) 31 Physical Injury 32 Sexual Abuse or Exploitation B. DESCRIBE THE INJURIES/CONDITIONS CHECKED ABOVE Referral source reported that the per petrator told the child to "Do the dishes or I will blow our brains out" while holding a handgun. I? / ABUSE) A. WAS CSIILD ALLEGEDLY ABUSED WHILE IN A "CHILD CARE SERVICE" (as defined by CPSL). ? YES IfiJO B. WAS CHII:I) REMOVE)) FROM Tl? ALLEGED ABUSIVE SETTING? (includes move by self, agency, others) ® YES ONO MO C. WERE LAW KCEMENTOFFICIALS NOTIFIED OF THIS REPORT? (CY 104 sent) 13 YES H NO D. SERVICES PLANNED OR PROVIDED: (Please check the appropriate blocks. (Abbreviations: PL - Planned, PR = Provided, and PERP = Perpetrator). CHILD PARENT PERP. CHILD PARENT PERP. PL/PR PLIPR PLtPR PLIPR PLIPR PIIPR 01 0 03, 04 OS 06 Counseling 25 26 27 28 HamemakedCaretaker Services 07 OS 09 10 I 1 12 Referral to Self-Help Group 29 30 31 32 Inrnuction and Education for Parenthood 13 14 { 5 16 47 I B Referral to IMm-Agency Services }} Emmgency Medical Care i 19 21 22 23 24 Referral to Community 34 35 36 37 38 39 Other tit F Services PUPR 40 41 MultidisciplinaryTeam CaseReview ? No Services Planned or Provided } ry. C $I A A. F] PENDING JUVENILE COURT ACTION B. n PENDING CRIMINAL COURT ACTION C. E] FOUNDED (Court Finding - specify below) (Updated CY 48 required when Court (Updated CY 48 required when Court action completed) action completed) D. ©lND1CATED 1. Medical Evidence 2. CPS investigation 3. El Perpetrator E. ? UNFOUNDED (If checked, answer 1, 2, or 3) Admission PLEASE EXPLAIN IN DETAIL THE BASIS FOR THE CASE STATUS YOU CHECKED AND SPECIFY CRIMINAL ACTION. The indicated status is due to that the mental injuries to the child do meet the CPS Law criteria; the child was diagnosed by psychologist as chronically anxious, agitated, depressed, socially withdrawn, and has reasonable fear that her safety is threatened by the perpetrator. Child has remained consistent and creditable in her discloser of mental and emotional abuses. The perpetrator denies the allegation. WAS THERE A RELIGIOUS BASIS FOR CHILD'S CONDITION? (Applicable only if E is checked) F-1 YES F_? NO DID THE CHILD DIE AS A RESULT OF THIS INCIDENT OF ABUSE/NEGLECT? (Applicable only if C or D is checked) YES Q? NO Please check as many as three factors and rank them in order of relevance C' I" being most relevant). Evidence must exist to confirm the selection of the factor(s) which Appear to contribute to abuse. - SUBSTANCE ABUSE (INCLUDES DRUGS, CHEMICALS, ALCOHOL, ETC.) Q STRESS (DUE TO FINANCIAL PROBLEMS, UNEMPLOYMENT, DIVORCE, ETC.) MARGINAL PARENTAL SKILLS OR KNOWLEDGE (INCLUDES UNREALISTIC EXPECTATIONS. LIMITED KNOWLEDGE OF CHILDHOOD DEVELOPMENT, ETC.) VULNERABILITY OF CHILD (DUE TO CHILD'S AGE, PHYSICAL LBMrrATION, DEVELOPMENTAL DELAYS, ETC.) SEXUAL DEVIANCY OF PERPETRATOR (BASED ON A DIAGNOSIS OR CRIMINAL CONVICTION) ABUSE BETWEEN PARENT FIGURES (HISTORY OF FIGHTING BETWEEN PARENTS OR PARENT SUBSTITUTES) INSUFFICIENT FAMILYISOCIAL SUPPORT (SUCH AS FAMILY AND FRIENDS UNAVAILABLE TO HELP WITH FAMILY OR PERSONAL NEEDS) IMPAIRED JUDGEMENT OF PERPETRATOR (CAUSED BY PHYSICAL, MENTAL OR EMOTIONAL LIMITATIONS) PERPETRATOR ABUSED AS A CHILD COUNTY WHERE ABUSE OCCURRED INVESTIGATrNG COUNTY CHILDLIKE USE ONLY Cumberland Cumberland n CODE = CHILDLINE 5RKER l COU NTY AGENCY WORKER A. t ty Denise Dunla B. COUNTY AGENCY SUPERVISOR C. h i i l D r st na Ro C and . $ a[ -31 !ogoS' Per DM-st DATE FORM COMPLETED E. o - ?` 2 8 0 R A (a 5 0 3 PAGE2 K? 00046b CY 4a-06/95 #cWArCPcc?r . f Y Y B. SHIRLENE KILLINGER, Plaintiff DEC 17 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5448 CIVIL TERM V. BRUCE E. KILLINGER, Defendant HESS, J. --- CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 2/0 day of December, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of October 23, 2000 shall remain in full force and effect with the following addition: A. Father shall be permitted reasonable telephone contact with the minor child one (1) to two (2) times per week. Neither party shall discuss the litigation or custodial plan with the minor child in order to minimize his exposure to their conflict. 2. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the "1y day of °?`J2?th2?i 2005, at S? , JCS o'clock _&.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Bruce E. Killinge?, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. BY THE COURT: J. Dist: Warcus A. McKnight, III, Esquire, 60 W. Pomfret Street, Carlisle, PA 17013 Ebert L. O'Brien, Esquire, 19 W. South Street, Carlisle, PA 17013 J ?? FILED- Offit" OF THE PRoTFjoKl"CTt%qy 2004 DEC 29 AN If : 13 CU";M E"R e'J`,, COUNW PENNSYLVANIA a. B. SHIRLENE KILLINGER, Plaintiff DEC 17 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5448 CIVIL TERM V. BRUCE E. KILLINGER, Defendant 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 Tristan M. Killinger DATE OF BIRTH December 11, 1993 CURRENTLY IN THE CUSTODY OF Mother 2. Father filed a Motion for Modification of Custody on October 26, 2004 seeking to transfer primary physical custody to himself. The Custody Conciliation Conference was convened on December 9, 2004 with the following individuals in attendance: the Mother B. Shirlene Killinger, and her counsel, Marcus A. McKnight, III, Esquire; the Father, Bruce E. Killinger, and his counsel, Robert L. O'Brien, Esquire. 3. Father's position on custody is as follows: Father seeks to transfer primary custody of Tristan to his care based on his concerns regarding Mother's home environment. He reports that Mother's husband assaulted her in July and that the parties have reconciled. Father claims that the stepfather has a lengthy history of violent behavior and has bragged to him that he once shot a man outside of a bar. He also reports that the child has informed him that he has been afraid at times that he has been left at home alone after school. Father alleges there are conflicts between the step-siblings which Mother's blames on the child. Further, Father is concerned about the child's decreased school performance. He feels that he can provide a more stable home and more help with his homework. Father reports that the stepfather has limited his ability to have telephone contact with the child, in particular when the stepfather and Mother are not at home. However, the parties have reached an agreement regarding the telephone contact. NO. 00-5448 CIVIL TERM 4. Mother's position on custody is as follows: Mother reports that there had been difficulties in her marriage and that the parties have entered marital therapy and have reconciled since the assault reported last Summer. She reports that the couple no longer argue in the presence of the children and now know to give each other five (5) minutes to calm down if they have differences of opinion. Mother complains that Father is angry, abusive and does not communicate with her. She also reports that Father's new wife has been verbally abusive to her in the presence of the child. Mother is concerned that Father is pressing the child for information regarding what is going on in her home and believes that he is coercing the child to come live with him. Mother acknowledges that there are spats between the child and his step-siblings at times, but overall says that they get along quite well. She reports that the child's academic performance reflects average work but that the child is lying about his homework being completed which lowers his grades. To address this concern, Mother reports that she is communicating more frequently with the teacher by written notes. Mother also reports that although there was a time when the child was left at home unsupervised after school, this is no longer the case. Mother is unwilling to relinquish primary custody to Father. 5. Because the parties have not reached an agreement regarding Father's Motion for Modification of the Custody Order, a hearing will be necessary. The parties agree to a small modification of the October 23, 2000 Custody Order with regard to telephone contact. Date Melissa Peel Greevy, Esquire Custody Conciliator :241015 ? v 4 A- 4- :f ""I licks }? ?,,, bob _ T tkA "IdV _L U _ wA Qo 69 k' ?M4{"?, 1 CQ SQI? cf\1? ???=„.:. p,,,?,- LfxK ^'.: ` SY uld ! U 'r1 o0 7Gti57 k ? ? nil T IV w. 60- _ t vb '5L) rc . woo 00D _. ?ot?5,-l alce 1u "kilt Q? 5 o?r W??L? S' t?? 4bvao?" ?,b AAq de- V-L T_r" -Gi6UU? .'fit, 1.7 oak. d? t All ?44 A,. aw goer a? 4i.?a - 4 ean% Cap 64 r\. JO CA LIleI(c, ali 4-l??_ _ cam. qa P4 oAe west V eod? u?_ r f^ t? i 130.5 uJ _ t ?cf «.bbt` a 'r.-A f M t Y 1 ?i5 ftOol4I L,.)t A _. 1 ?' ln? ?t?u5 -?-`aub_ ?.,• ? o?an`1`. ?x??'_ ?-o C??I'sw v? AUG 0 6 20 AN B. SHIRLENE KILLINGER, Plaintiff vs. BRUCE E. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5448 CIVIL ACTION - LAW CUSTODY ORDER OF COURT Hess, J. - 1. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the' day of Qli a , 2001, ate 36 o'clock /4 .M., at which time testimony will be taken. For the purposes of the hearing, Father, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. 2. The parties shall submit themselves and their minor Children to an independent custody evaluation. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in scheduling and completion of this evaluation in a timely fashion. The cost of the evaluation shall be shared by Father paying 61.5% of the fees and Mother paying 38.5% of the fees. Father shall be entitled to choose whether the evaluator shall be Dr. Schneider or Dr. Shienvold. 3. The Mother shall attend the Seminar for Separating Families on August 18, 2001. Counsel for Mother shall provide the Court with a copy of the Certificate of the Mother's attendance. A record of Father's attendance at this Seminar has been provided to the Conciliator. 4. Bruce E. Killinger, III, shall not be in the company of Jack Gohn without the presence of ongoing supervision of the Mother. 5. Pending agreement of the parties or further Order of Court the Order of October 26, 2000, remains in full force and effect. 6. When the custody evaluation has been completed and a report has been made available to counsel, if the parties would like an additional Custody Conciliation Conference to explore the possibility of settlement of this custody matter prior to the hearing date, counsel ? co S J, tQ L No. 00-5448 for either party may contact the Conciliator to request an additional Custody Conciliation Conference. BY THE COURT, Dist: Dan McGuire, Esquire, PO Box 264, New Bloomfield, PA 17068 Marcus A. McKnight, III, Esquire, 60 W. Pomfret Street, Carlisle, PA 17013 ?' ?? ?? CUPW!'? r,,'L J';U COUNTY PCNNSYSAN4A _ _ _ ?+?&4mtx.H??a?s?!fw?aRA ... fml. +APB?MP B. SHIRLENE KILLINGER, Plaintiff vs. BRUCE E. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5448 : CIVIL ACTION - LAW : 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bruce E. Killinger, III November 29, 1985 Father Tristan M. Killinger December 11, 1993 Mother 2. A Custody Conciliation Conference was held on July 30, 2001, with the following individuals in attendance: the Mother, B. Shirlene Killinger, and her counsel, Marcus A. McKnight, III, Esquire; the Father, Bruce E. Killinger, and his counsel, Daniel McGuire, Esquire. 3. Father filed a Petition Seeking Modification of the present Custody Order on June 7, 2001 seeking primary physical custody of the parties' younger Son, Tristan. Father expressed concern that this Child has been tardy for school fifty-three times in the 2000-2001 school year and that as a seven-year-old he knows too much concerning the parties' dispute around custody of the Children. Father is concerned that the older Son, Bruce, may be wanting to live with his Mother because the rules at Mother's house with regard to Bruce III's behavior are, according to Father, less strict than they are in Father's home. Father is concerned that the Child is continuing to socialize with a young man whom he believes is a negative influence and has, on several occasions, been in trouble with the law. It was Father's wish that there be a complete prohibition of any contact with this boy. However, in as much as Mother refuses to prohibit this contact, the parties did agree that Bruce III would only be in the company of this young man with parental supervision. 4. Mother filed a Petition for Modification of Custody on June 27, 2001, seeking primary physical custody of both Children. Mother reports that the older Child has been asking to live with his Mother and that his Father has yelled at and intimidated him when he has voiced his desire to live with his Mother. No. 00-5448 5. The parties agreed to participate in a custody evaluation and to have a hearing scheduled before the Court on their Petition to seek primary custody of both the Children. An Order of Court reflecting their agreements is attached. 0/3CD I Date Melissa Peel Greevy, Esquire Custody Conciliator Student ' I I I J I oil l I Grade ?DTeach r Referring Person Meeting Date q - Action Plan Goal 1.1 Jh A West Perry Sahool Distrio } y? 1 IST Review Meeting ?? C M FS . f 1, nc? c! Participants: Ids. Monn, Mme: i/?rnam aweary, C Mrs. Sit%) C fir. ? m sYY Z-C-/> /J ---X2 `- `716 !, A--e? r A dal 2- ?f a_ iYl1 /yy)G( 2? - Evidence of success: Addit' Adjusnted- Strategies Implemented: c? c? tea' 0 Q Remaining Problems/Concerns: Team Recommendations: /, A-bt a--b IST Review Meeting/jls/pe Yellow Form 6 "Ct /rud y ab-°''j PLAINTIFF'S EXHIBIT Q C ? \J y C, H , x ti a o 7 m C. ro cn h 0 O A y O A w m rt o m n 0. a ?gg a r ? x x m a o ? ry Q ?!tl D G ry f n ? w !bro Q ? xo b y n ro y as I ro A m ro w A T e m a 0 d qj E 0. ti rn w V?.p W N..? Opp oo .]O zz?zz?ooo?' 0 0^ o o? o ?' n o O o w ?'+ 7C'd O 7 o k? O n ? ? o ? rn CO. y m o rn ? o ? m N a a _ o no v m rn n. p` A y on ? ? y o ? ?; ?d n co y ro A z Z03 Q q Q . y 0 y ? y ? n ? r? z 1 .2 0 aq y ? y 01 to A W ?v•-by® Wz?r'G)C7w A ? no 50 0 5 ? ? y , w o0 aka w o N n ? 10 m m cn a w ro v ' n x A, O ? a m Q y n q ro (roo ?' A ry i m ao n m n y w ? O y RO N a i 'a b i A !D A A N ^I ?y y n iy a a ,o t ,b O 9 ? 0 To Whom It May Concern: Tristan Killinger is a student in my homeroom and in my language arts class. Socially, he gets along well with his peers, and he has a number of friends who he spends time with in and out of school. Furthermore, he is a polite and well-mannered student who is not a behavior problem. Currently, he is reading at a fifth grade level. He is able to decode words, and he remembers what he reads. Also, he is able to make predictions and connections on his own. At times, he does need help making inferences and explaining a character's actions, which are examples of higher level thinking. In writing, he demonstrates his understanding of the three types of writing: narrative, informative and persuasive. He is able to stay focused on one topic and keep his ideas flowing in a logical order. His mechanics (punctuation, spelling and capitalization) are fine. He tends to add more details in informative pieces than in narrative or persuasive pieces. I believe this is due in part to his interest in the topic. When he is interested in a topic, he writes more about it. When he is not interested, he writes the bare minimum. When it comes to completing written assignments, he still has difficulty turning them in on time. However, whereas before the assignments would be turned in days late, now he turns them in one day or a couple of periods late. As for as moving to the middle school, Tristan is ready. He may be apprehensive, and it may take him some time to adjust, but those are normal reactions. Also, he is an intuitive young man who is sensitive to his surroundings and other people. Socially, he will be fine. Academically, I believe he is ready as well. However, he will need to work on completing assignments on time and developing ways to manage his time. F I believe the medication, Concerto, helps him to maintain his focus for longer periods of time. However, I do believe he plays a role in this as well. The medication helps him block out distractions and focus, but Tristan decides how much effort to put forth. Sincerely, NOTARIAL SEAL W; of GLORIA A. SMITH, Notary Public Ms. Erin Morin Spring?wp., Perry County, Pa. My Commission Expires Jan.18, 2006 • ?h? Se??? ?a?. cO ver JI'1j vas . C, 4 s No f ever Cep e l l b ova s UP.se ` and ()' c 5atpalf led k I/P .5 6, .5't le, Iy1,OM a- 4-er ?Yecxt?Ile c,-, J Zed L-o y e See-OM3 Qrzd ° A -T he,(d ?((?ilrj P?1pvy! DA A/, -r YVLoyi ? ? N? ?S MY sz YA o? oKAGAzv... g- • Also, morf made- a C6?"1 o h( neg25ck2 4,n me and " Up Mao, 1?' ail IVI'r'11151 Oil ':f1 af- D 1d L ? 'JAW 0-c ?4e C/??4r?, ?e 3- ? ryn l? ellf 1403 -?4e R4r? 38ol'e4?; P /-Avid ?? fat 4e tla?? ?? ?? fed ??S ? Sze y,ca eve, awst)A \,a \-©? ? d®n,- - lo."J (-, RECEIVED AUG 23 20050 B. SHIRLENE (KILLINGER) MONISMITH Plaintiff V. BRUCE E. KILLINGER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5448 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 22nd day of August, 2005, the matter having been resolved through the Custody Hearing before Judge Hess on July 27, 2005, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE 07OURT: issa Peel Greevy, Esq todv Conciliator :257161 of WS L Ul?l1 ??? Lr B. SHIRLENE (KILLINGER) IN THE COURT OF COMMON PLEAS OF MONISMITH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW NO. 00-5#98CWIL BRUCE E. KILLINGER, JR. s-'Yq6' Defendant IN CUSTODY ORDER AND NOW, this 2 w day of August, 2005, the petition of the defendant, Bruce E. Killinger, Jr., for modification of custody is GRANTED and the existing custody order in this case is modified effective September 18, 2005. It is hereby ordered and directed as follows: 1. The parties, B. Shirlene Monismith (formerly Killinger) and Bruce E. Killinger, Jr., shall share legal custody of the child, Tristan M. Killinger, born December 11, 1993. 2. The parties shall share physical custody of said child during alternating weeks with exchanges in physical custody taking place on Sunday evenings at such time as the parties shall agree and, if they cannot agree, at 7:00 p.m. This shared custody arrangement shall commence on Sunday evening, September 18, 2005, with custody during that week in the father. 3. Custody during certain holidays shall be shared as heretofore and as set forth below. The holiday schedule shall supersede the alternating week schedule as established in paragraph 2: A. Christmas. Christmas shall be shared on an AB schedule. Segment A shall run from December 24a' at noon to December 25th at 2:00 p.m. Segment B shall run from December 25 h at 2:00 p.m. until December 26a' at 8:00 p.m. hi even-numbered years, father shall have the child for Segment A and mother shall have Segment B. In odd-numbered years, mother shall have Segment A and father shall have Segment B. B. Thanksgiving. Thanksgiving shall be shared on an A/B schedule. Segment A shall run from the day before Thanksgiving until 2:00 p.m. Thanksgiving Day. Segment B shall run from 2:00 p.m. Thanksgiving Day until the day following Thanksgiving at 8:00 p.m. In even- numbered years, mother shall have Segment A and father shall have Segment B. In odd- numbered years, father shall have Segment A and mother shall have Segment B. C. Easter. Easter shall be shared on an A/B schedule. Segment A shall run from the Saturday before Easter until Sunday at 2:00 p.m. Segment B shall run from Easter Sunday at 2:00 p.m. until Easter Monday at 8:00 p.m. In even-numbered years, father shall have Segment A and mother shall have Segment B. In odd-numbered years, mother shall have Segment A and Father shall have Segment B. 4. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision. BY THE COURT, Marcus A. McKnight, III, Esquire For the Plaintiff Robert L. O'Brien, Esquire For the Defendant Kevin .Hess, J. w eoF c ?> -T; : hJ j ~ G.l '< DEC 1 7 2004 B. SHIRLENE KILLINGER, Plaintiff V. BRUCE E. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5448 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 THE CUSTODY OF Tristan M. Killinger December 11, 1993 Mother 2. Father filed a Motion for Modification of Custody on October 26, 2004 seeking to transfer primary physical custody to himself. The Custody Conciliation Conference was convened on December 9, 2004 with the following individuals in attendance: the Mother B. Shirlene Killinger, and her counsel, Marcus A. McKnight, III, Esquire; the Father, Bruce E. Killinger, and his counsel, Robert L. O'Brien, Esquire. 3. Father's position on custody is as follows: Father seeks to transfer primary custody of Tristan to his care based on his concerns regarding Mother's home environment. He reports that Mother's husband assaulted her in July and that the parties have reconciled. Father claims that the stepfather has a lengthy history of violent behavior and has bragged to him that he once shot a man outside of a bar. He also reports that the child has informed him that he has been afraid at times that he has been left at home alone after school. Father alleges there are conflicts between the step-siblings which Mother's blames on the child. Further, Father is concerned about the child's decreased school performance. He feels that he can provide a more stable home and more help with his homework. Father reports that the stepfather has limited his ability to have telephone contact with the child, in particular when the stepfather and Mother are not at home. However, the parties have reached an agreement regarding the telephone contact. NO. 00-5448 CIVIL TERM 4. Mother's position on custody is as follows: Mother reports that there had been difficulties in her marriage and that the parties have entered marital therapy and have reconciled since the assault reported last Summer. She reports that the couple no longer argue in the presence of the children and now know to give each other five (5) minutes to calm down if they have differences of opinion. Mother complains that Father is angry, abusive and does not communicate with her. She also reports that Father's new wife has been verbally abusive to her in the presence of the child. Mother is concerned that Father is pressing the child for information regarding what is going on in her home and believes that he is coercing the child to come live with him. Mother acknowledges that there are spats between the child and his step-siblings at times, but overall says that they get along quite well. She reports that the child's academic performance reflects average work but that the child is lying about his homework being completed which lowers his grades. To address this concern, Mother reports that she is communicating more frequently with the teacher by written notes. Mother also reports that although there was a time when the child was left at home unsupervised after school, this is no longer the case. Mother is unwilling to relinquish primary custody to Father. 5. Because the parties have not reached an agreement regarding Father's Motion for Modification of the Custody Order, a hearing will be necessary. The parties agree to a small modification of the October 23, 2000 Custody Order with regard to telephone contact. Date Melissa Feel Greevy, Esquire Custody Conciliator :241015 DEC 1 7 2004JI B. SHIRLENE KILLINGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-5448 CIVIL TERM V. CIVIL ACTION - LAW BRUCE E. KILLINGER, IN CUSTODY Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this 2/11 day of December, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of October 23, 2000 shall remain in full force and effect with the following addition: A. Father shall be permitted reasonable telephone contact with the minor child one (1) to two (2) times per week. Neither party shall discuss the litigation or custodial plan with the minor child in order to minimize his exposure to their conflict. 2. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the day of ?cL. Y eA- , 2005, at S : ,3G o'clock _,,I-.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Bruce E. Killinger, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party 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 ten days prior to the hearing date. BY THE COURT: A. Hess, J. Dist: aofarcus A. McKnight, III, Esquire, 60 W. Pomfret Street, Carlisle, PA 1'7013 .,Robert L. O'Brien, Esquire, 19 W. South Street, Carlisle, PA 17013 J C I• I I RV Q 330 WZ +i!U1'QI11?: d 3Hi ?O IICH?0-0911 B. SHIRLENE (KILLINGER) IN THE COURT OF COMMON PLEAS OF MONISMITH, CUMBERLAND COUNTY, PENNSYLVAT, Plaintiff vs. CIVIL ACTION - LAW NO. 00-5488 CIVIL BRUCE E. KILLINGER, JR. Defendant IN CUSTODY ORDER AND NOW, this -?/" day of March, 2005, continued hearing in the matter is set for Wednesday, July 27, 2005, at 1:30 p.m. in Courtroom Number 4, County Courthouse, Carlisle, PA. BY THE COURT, f, 01.i E Hess, J. arcus A. McKnight, III, Esquire For the Plaintiff ,,?obert L. O'Brien, Esquire For the Defendant AM G captioned _ ?? ??•a c. ??f>v? Bo 10 B. SHIRLENE (KILLINGER) MONISMITH, Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRUCE E. KILLINGER, JR., NO. 2000-5448 CIVIL TERM Defendant IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff/Petitioner, B. SHIRLENE (KILLINGER) MONISMITH, by and through her attorneys, IRWIN & McKNIGHT, and files this Petition for Contempt as follows: 1. The Plaintiff/Petitioner is B. Shirlene (Killinger) Monismith, an adult individual residing at 49L Hidden Valley Road, Loysville, Perry County, Pennsylvania 17047. 2. The DefendantfRespondent is Bruce E. Killinger, an adult individual residing at 728 Bloserville Road, Newville, Cumberland County, Pennsylvania 17241. 3 An Order of Court was entered on October 23, 2000, setting forth the custody of Tristan M. Killinger, born December 11, 1993. A copy of said Order of Court is attached hereto and made a part of this Petition and marked as Exhibit "A". 2 4. The DefendantlRespondent has failed comply with the requirements in the Court Order in that he failed to return said minor child, Tristan M. Killinger, to the custody of the Plaintiff/Petitioner on Sunday, May 29, 2005 at 6:30 p.m. 5 Due to Defendant/Respondent's failure to comply with the Court Order, he is in Contempt of Court. WHEREFORE, Plaintiff/Petitioner, B. Shirlene (Killinger) Monismith, respectfully requests this Honorable Court to Order the Defendant/Respondent to comply with order of Court dated October 23, 20W, by providing an additional weekend for the Plaintiff/Petitioner with Trisan and a finding of contempt against the Defendant/Respondent. Respectfully submitted, IRWIN & Marcilk A. Mc t, III, Esq. 60 W Pomfret S eet Carlisle, PA 17013 717-249-2353 Attorney I.D. #: 25476 Attorney for the Plaintiff, B, Shirlene (Killinger) Monismith Dated: June 16, 2005 3 :Jl B. SHIRLENE KILLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-5448 BRUCE E. KILLINGER, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this ,Z 3 n ?l day of (3, , 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, B. Shirlene Killinger and Bruce E. Killinger, shall have shared legal custody of the minor Children, Bruce E. Killinger, III, born November 29, 1985, and Tristan M. Killinger, born December 11, 1993. 2. Physical Custody of Bruce. Primary physical custody of the minor Child, Bruce E. Killinger, III, born November 29, 1985, shall reside primarily in Father subject to Mother's rights of partial custody. In the event that Mother would like to exercise partial custodial rights during the school week, these periods shall run from 6:30 PM until 8:30 PM and be available to her upon a seven-day notice to the Father. Mother shall have partial physical custody on alternating weekends to commence October 13, 2000, from Friday at 6:00 PM until Sunday at 6:30 PM. 3. Physical Custody of Tristan. The Mother shall have primary physical custody of the minor Child, Tristan M. Killinger, born December 11, 1993, subject to Father's rights of partial physical custody on alternating weekends and evenings during the week as the parties shall mutually agree. Father's weekend partial custody shall be from Friday after school until Sunday at 6:30 PM to commence October 6, 2000. In the event that Father would like partial custody on evenings when he is not working, his custodial period shall run from 4:00 PM until 7:30 PM and shall be available to him upon a seven-day notice to Mother. Due to Father's rather complicated rotating shift work schedule, Father will give copy of said schedule to Mother so that she may anticipate when he may be available to spend time with the Child. The parties are encouraged to be flexible with each other with regard to arranging periods of custody for each Child with each of the parents in order to assure frequent and continuing contact with both parents for both Children. 3. It shall be acceptable for the Maternal Grandmother to provide childcare for Tristan. 4. Neither party shall door say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Each parent shall No. 00-5448 ensure that third parties also comply with this provision during his or her periods of custody. 5. The parties shall attend the Seminar for Separating Families offered through Inner Works of Harrisburg. 6. Holidays. A. Christmas. Christmas shall be shared on an A/B schedule. Segment A shall run from December 24th Noon to December 25th at 2:00 PM. Segment B shall run from December 25th at 2:00 PM until December 26th at 8:00 PM. In even-numbered years Father shall have the Children for Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. B. Thanksgiving. Thanksgiving shall be shared under an A/B schedule. Segment A shall run from the day before Thanksgiving until 2:00 PM Thanksgiving Day. Segment B shall run from 2:00 PM Thanksgiving Day until the day following Thanksgiving at 8:00 PM. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. C. Easter. Easter shall be shared in an A/B schedule. Segment A shall run from the Saturday before Easter until Sunday at 2:00 PM. Segment B shall run from Easter Sunday at 2:00 PM until Easter Monday at 8:00 PM. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. BY THE COURT, / / AT 11 t% /w_?.i J. Dist: Dan McGuire, Esquire, PO Box 61, Duncannon, PA 17020 Marcus A. McKnight, III, Esquire, 60 W. Pompfret Street, Carlisle, PA 17013-3222 _iy B. SHIRLENE KILLINGER, Plaintiff vs. BRUCE E. KILLINGER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5448 CIVIL ACTION - LAW 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Bruce E. Killinger, III November 29, 1985 Father Tristan M. Killinger December 11, 1993 Mother 2. A Conciliation Conference was held on October 4, 2000, with the following individuals in attendance: the Mother, B. Shirlene Killinger, and her counsel, Marcus A. McKnight, III, Esquire; and the Father, Bruce E. Killinger, Jr., and his counsel, Daniel McGuire, Esquire. 3. The parties have agreed to the entry of an Order in the form as attached. Date elissa Pee Greevy, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. B. SIMIIRLENE MONIS ITH Date: /, - //,, - ?5- 3 B. SHIRLENE (KILLINGER) : IN THE COURT OF COMMON PLEAS MONISMITH, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRUCE E. KILLINGER, JR., NO. 2000-5448 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Contempt was served upon the following by facsimile transmission and by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 IRWIN & By: 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 16, 2005 4 r-> -r -TY V n Q._ ?Cl U U B. SHIRLENE (KILLINGER) MONISMITH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-5448 CIVIL ACTION LAW BRUCE E. KILLINGER, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 28, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ Manlove's 1901 State St., Camp Hill, PA 17011 on Wednesday, August 17, 2005 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. The court hereby directs the parties to furnish any and all existing; Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevlr E, _s?,??__ Custody Conciliator ?U The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -5r- -7 ?0 .'1 lwd GZ Nr(l SOOT i L'1CPv? 11t o 3H1 O 30 K Q TIH RECEIVES AA 23 2MKr B. SHIRLENE (KILLINGER) MONISMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE E. KILLINGER, JR., Defendant NO. 00-5448 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 22 n" day of August, 2005, the matter having been resolved through the Custody Hearing before Judge Hess on July 27, 2005, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE 00URT: 'eel Greevy, Conciliator :257161 9L :C YJA Ee 011V SVVV ?Hi. ?o B. SHIRLENE (KILLINGER) MONISMITH, Plaintiff VS. BRUCE E. KILLINGER, JR., Defendant COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY CIVIL ACTION - LAW oo -swg6 NO: 99-5488 IN CUSTODY JOINT PETITION TO CHANGE VENUE COMES NOW, the above parties, by Jerry A. Philpott, Esquire, counsel for B. Shirlene Monismith and by Bruce E. Killinger, Jr., pro se, and jointly request a change of venue to Perry County for the following reasons: 1. Petitioner is B. Shirlene Monismith, who resides at 1131 Hidden Valley Road, Loysville, Perry County, PA 17047. 2. Respondent is Bruce E. Killinger, Jr., who resides at 70 Texas Eastern Road, ShermansDale, Perry County, PA 17090. 3. This matter was last before this Honorable Court in 2005, at which time venue was proper in Cumberland County. 4. Both parties now live in Perry County. 5. The child attends school at the West Perry School District in Perry County. 6. Both parties are in agreement that the matter should now be transferred to Perry County. 7. As a result of actions that took place in Perry County, the Perry County Court of Common Pleas entered a temporary Protection from Abuse Order. 8. As part of the resolution of the Protection from Abuse matter, Judge Kathy A. Morrow agreed that some changes in custody could be entered under a custody order instead of a PFA order if the parties would get the matter transferred. The resolution of the PFA matter is "on hold" pending this transfer. WHEREFORE, for the following reasons, the undersigned respectfully request a change of venue to Perry County. Date: Taty I5, 2009 yA. klpott, Esquire (ID # 47624) 7 N Street, P.O. Box 116 n, PA 17020 717-934-3087 (Attorney for B. Shirlene Monismith) CONCURRENCE: I concur in the request to transfer this matter to Perry County. / B cc! inger Jr., pro se r _ i'} '?1''1iw. . r f.l ? ?4.1 '111111 A -7'"& B. SHIRLENE (KILLINGER) COURT OF COMMON PLEAS MONISMITH, FOR CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW VS. 06- S'qtL? NO: 09-588 BRUCE E. KILLINGER, JR., Defendant IN CUSTODY ORDER AND NOW, this Lb' day of 2009, upon consideration of the attached petition to change venue filed by Jerry A. Philpott, Esquire, counsel for plaintiff, and the concurrence of Bruce E. Killinger, Jr., defendant, IT IS ORDERED that the petition to change venue to Perry County is GRANTED and the Prothonotary shall forward certified copies of the docket entries, pleadings, and all other papers filed in this case to the Prothonotary of Perry County. cc: ?JO1L?' A. Philpott, Esquire arbara Wevodau, Esquire /S' Shirlene Monismith ?Bf-uce E. Killinger, Jr. J1?41 BY THE COURT: Judge RLEG-QH-'i( E OF THE P?L17 '0N,'OTA PY 2009 JUL 21 P 1: 4 9 ?. ,u ry