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HomeMy WebLinkAbout01-05648CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the origirnal papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DERRICK AVEY VS ACAMIE L. NVILT NO. 01-56,48 C:1,71L'TERM 758 f Dry 2006 The documents comprising the record have been numbered from No. 1 to 'f6-2-, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the docurnent. The date on which the record has becn t ,c sn,i. ed to the Appellate Court is L /I L . tis i:. Long, P oth notary ENE H SPARLING, Dpty. An additional coov of this certif lcate is etie'= -1. Please sign and date copy, thereby ac!,= o?scceiptoa'th'src n-d.- - - - - Date Sir"-at,?re & Title Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania to No. 01-5648 CIVIL Term, 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY DERRICK AVEY Vs ACAMIE L. WILT SEE ATTACHED CERTIFIED DOCKET ENTRIES. 10123967102006 Cumberland County Prothonotarv's Office Page 1 PYS51G - Civil Case Print - 2001-0S648 AVEY DERRICK (VS) WILT ACAMIE L - 2---7 Reference No..: - - Filed-........: 9/27/2001 Case Type. .... : COMPLAINT - CUSTODY Time.........: 2:42 Judgment...... 00 -Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E Jury Trial.... Disposed Desc,: - - ------------ Case Comments ------ -' D}sposed Date. 0/00/0000 H}gher Crt 1.: 758 MDA 2006 Higher Crt 2.: www*wwwwww****wwwwwwwwwwwwwwww wwwwwwwwww*ww www *****wwwwwwwwwwwww*www*wwwwwwwwwww General Index - - Attorney Info AVEY DERRICK PLAINTIFF MCKNIGHT MARCUS A III 9 AMP SHIPPENSBURG PA 17257 WILT ACAMIE L DEFENDANT ------- MA-rAS Ak-fl (L O 16 TOWN MILLS , _ - (4 SHIPPENSBURG PA 17257 - *www*wwwwwwwwwwwwwwwwwwwwwwwwwwwww*wwwwwwwwwwwwwwwwwwwwww*www***wwwwwwwww******* * Date Entries - - wwwwwwwwwwwww**wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww 9/27/2001 10/04/2001 FIRST ENTRY S-CZ -- 12/13/2001 11-P-2.L-- 1/16/2002 2-,1f 1/16/2002 z _ 1/23/2002 /3 1/29/2002 20-44 1/30/2002 4L, 1/30/2002 f 2/04/2002 43 -q7 2/20/2002 2/25/2002 tag' 3/01/2002 COMPLAINT - CUSTODY ---------------------------------------------- -------------------- RNGF AT 039T WESTAMADIN I /STR/EET MECHANICSBURGA PA ONN 11I/1/011 A HEARI T 8:30 AM FOR TH$ COURT DAWN S SUNDAY ESQ CUSTODY CONCILIATOR COPIES MAILED 10/4/01. ------------------------------------------------------------------ CUSTODY CO CI-IATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT - DATED 12113/01 - THE MOTHER SHALL HAVE PRIMARY PHYSICAL CUSTODY OF THE CHILD - BY. THE-COURT EDGAR B BAYLEY J COPIES MAILED 12/13/01 ------------------------------------------------------------------ PETITION FOR CIVIL CONTEMPT FOR. DISOBEDIENCE OF PARTIAL CUSTODY ORDER - BY DIRK E BERRY ESQ FOR PLFF ------------------------------------------------------------------- PETITION TO WITHDRAW AS COUNSEL - BY JANICE M HAWBAKER ESQ FOR DEFT -- ------------ ------------------------------?--------------------- ORDER OF COURT AND RULE TO SHOW CAUSE - DATED J_/23/02 - IN RE PETITION TO WITHDRAW AS COUNSEL - A RULE IS ISSUED UPON DEFT SHOW CAUSE - DEFT IS GRANTED A PERIOD OF 20 DAYS WITHIN WHICH TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PETITION - FAILURE TO FILE A RESPONSE SHALL BE DEEMED AN ACQUIESCENCE TO THE RELIEF REQUESTED IN THE PETITION - BY THE COURT EDGAR B BAYLEY T COPIES MAILED 1/23/02 .. ------------------------------------------------------------------- ORDER OF COURT - DATED 1/29 0 - IN RE PETITITION FOR CONTEMPT - HEARING AT 39 WEST MAIN STREET MECHANICSBURG PA ON 2120/02 AT 1:00 PM FOR THE COURT D.kWN S SUNDAY ESQ CUSTODY CONCILIATOR COPIES MAILED 1/29/02 ------------------------------------------------------------------- PETITION FOR MCDIFIG-.TION OF CUSTODY - BY THOMAS S DIEHL ESQ FOR DEFT -------------------------------------------------------------------- PRAECIPE FOR WITHDRAWAL OF APP°ARANCE FOR DEFT BY JANICE M HAWBAKER ESQ AND ENTRY OF APP.ARANCE FOR DEFT THOMAS S DIEHL ESQ-- ------------------------------------------------------------------- ORDER OF COURT - D:--TED 2/4/02 - IN RE PETITION FOR M/DIFICATION - HEARING AT 39 WEST MAIN STREET MECHANICSBURG PA ON 2/12,/02 AT 1:00 PM - FOR T E COURT DAWN S STJi70-,Y ESQ CUSTODY CONCILIATOR COPIES MAILED 1/402 ------------------------------------------------------------------- CUSTODY C NC{-{LIATL:_N CONFERENCE SUMMARY REPORT AND ORDER OF COURT - DATED 2/20/02 - BY EDWARD E GUIDO J - COPIES MAILED 2/20/02 PETITION OF Cu UN= FOR LEAVE TO WITHDRAW - BY THOMAS S DIEHL ESQ ------------------------------------------------------------------- ORDER OF COURT --=-..-TEp--2.28/0? - IN RE PETITIOTL OF COUNSEL FOR -- LEAVE TO WITF.DP--P.SI - DU__ .ZREBY ORDERD THAT A RULE BE AND IS .+ 1p123907102006 ...--Cumberland Cgunty Protnonotarv's Offi-ce Page PYS510 Civil Case Print 2001-05648 AVEY DERRICK (vs) WILT ACAMIE L- Reference No..: Filed y....... : 9/27/2001 Case Type..... COMPLAINT - CUSTODY Time-_.......: _ 2:42 Judgment...... 00 _ Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD E - Jury Trial.... Disposed Desc-: - - Disposed Date. 0/00/0000 ------------ Case Comments ------------- H}g es Crt 1.:.758 MD 2006 r3_- 3/06/2002 J ? t _?- 3/14/2002 (CO-12"t 3/27/2002 4/01/2002 /p2 4/05/2002 3 4/05/2002 (oJ?-77 12/30/2003 (n? 1/09/2004 7(p--?s 2/17/2004 "73 2/2-4/2004 54-1 3/25/2004 Wq--q,D 1/14/2005 qf-t7f 2/24/2005 q5,-% - 3/15/2005 qy-_t(q 4/05/2005 Higher Crt 2.: ISSUED UPON RESPC`_TDENT ACAMIE L WILT TO SHOW CAUSE - SAID RULE TO BE RETURNABLE WITHIN 10 DAYS OF SERVICE OF THE-IAA E OF THIS ORDER - BY THE COURT EDW.,RD E GUIDO „ COPIES MAILED 3/102 ---------------------- -------------------------------------------- CQNGILIATOR CONFERENCE SUMMARY REPORT AND ORDER OF COURT - DATED 3/5/02 - A HEARING IS SCHEDULD IN CR 5 OF THE-CUMBERLAND COUNTY COURTHOUSE CACLISL_ PA ON 4/4/02 A 1:00 PM -.BY THE COURT EDWARD E GUIDO- J COPIES [•L111- MAILED 3/602 - - _ ----------------------------- ----- - - ---------------------------- AFFIDAVIT OF SERVICE FOR ORDER OF COURTISSUING A RULE TO SHOW CAUSE UPON RESPONDZNT - BY THOMAS S DIEHL ESQ --------------------------------------------------------------------- PETITION TO MAKE RULE ABSOLUTE - BY THOMAS S DIEHL ESQ ------------------------------------------------------------------- ORDER OF COURT - D--TED 4/1/02 - IN RE PETITION TO MAKE RULE ABSOLUTE - IT IS :i:REBY C-DER.ED AND DIRECTED THAT THOMAS S DIEHL ESQ SHALL BE PERMI°TED TO WITHDRAW AS COUNSEL FOR PLFF ACAMIE L WILT UPON THE FILL?iG OF -N At'JROPR ATE PRAECIPE - BY THE COURT EDWARD E GUIDO J COPIES HAILED 4/2/02 --------------------------------------- --------------------------- ORDER OF COUR- - DtT?D 4//4/0' - THE FATHER'S PETITION FOR MODIFICATION GF OUR FRIO$ CUSTODY ORDER IS DENIED - THE ORDER OF- 12[13 01 SHALL. REi2_IN IN FULL FO$C$ AND EFFECT-- BY THE COURT EDWARD E GUIDO J • ' -TES M=,ILED 4 8/ 02 -------------- --- ---------------------------------- ORDER OF COURT - DATED 4/4/02 --IN RE CONTEMPT - THE MOTHER IS IN CONTEMPT - SHE IS DIRECTED TO REIMBURSE PLFF IN THE AMOUNT OF $200.00 FOR ATTY FEES PLF? PC:Y TAKE A CREDIT FOR THIS AMOUNT AGAINST HIS SUPPCF-" GBLIG:.TI'iiI IN THE AMOUNT OF 50.00 PER MONTH UNTIL THE ENT-RE '0.00 PLI^T PAID - BY THE-COURT EDWARD E GUIDO J COPIES MAI;:1ED 4/8/02 ------------------------------------------------ ----------------- PETITION FOR NODIF.ICATIODi OF CUSTODY - BY. MARCUS A MCKNIGHT III - ESQ FOR PLFF ------------------------------------------------------------------ ORDER OF COUR'_ - DATED 1/8/04 - IN RE PET TIQN FOR MODIFICATION OF CUSTODY - PRE;:Ei;F,T_'TC CUSTODY CG=iFERENCE 129/04 8:30 AM @ 39 W MAIN ST MECHAi,ILSeli71i? - By DiS SUNDAY NQ CUSTODY CONCILIATOR - COPIES AND NOTICE fi?:LED 119;0- -.- ---^-- °- - - - PETITION FOR MODIF=CATION OF 2_79TODY BY BRIAN -C BORNMAN ESQ FOR DEFT- ------------------ ----------------------------- -------------------- ORDER OF COUR: - L TF= 2/"3/ _ - =N RE CUSTODY--- HEARING AT 39 WEST MAIN STREET f-: -C: zd7IC; SC-- ; PA ON 3/16/04 AT 8:30 AM - FOR THE COURT DAWN S !3UCD_ ES[ ------------------------------------------------------------------- CUSTODY CQNCZLIATI,N CC:N,ERE?`C? SUMMARY REPORT AND ORDE$ OF COURT- - DATED 3/24/?4 EDWn..D :-UIDO J - COPIESMAILED 3/25/04 ------------------------------'--------_--------- CUSTODY CQNC_T I'.T.IOI' ^r,NF^, Z %_-• SUMMARY REPORT AND ORDER OF COURT - DATED 1/141.3 - : EDWt'D ,JIDO J - COPIESMAILED 1/18/05 ------------------------------------------------------------------ CUSTODY C NCTLIi_'I:):T CONF27.F_ .3 SUMMARY REPORT - DATED 2/23 05 - HEARING 4/227 bg - 9:OG CR 5 --BY THE COURT EDWARD GUIDO J COPIES MAILED - ------------------------------------ ------------------------------- ORDER-OF COTT:_' - - _-TED ',"" /i_ -'SHE CUSTODY HEARING IN THE ABOVE REFERENCE CAS- '?JL=J .'i 4'32(05 AT 9:00 AM IS HEREBY CONTINUED UNT--L E: .21%0= P21 THE PLFF COUNSEL WILL BE OUT OF THE COMMONWE?.L-1-_' DA ON THb- DATE AND WILL -BETUNABLE TO ATTEND THE CURRENTL-_ ..?CH .'TLE_- KEARI - TEE DEFT' S COUNSEL HAS AGREED TO Tf E GONTINUP_:^E - -'' 'i'EE CG'=- r _DC;ARD E GUIDO J COPIES MAILED 3/15/05 PETITION FOR _'E'._ F_' N.' _J3 A MCIWIGHT III ESQ FOR PLFF --------------------- 14123967102006 Cumberlar. County Prot honotax'v Is Office - Page P 5510 ?_vil Ca_e Print q07 1155` 2041-05648 AVEY DERRICK (vs) :ILT ACAMIL L Reference No..: - Piled ......._: Case Type.....: COMPLAINT - C_'STODY - Time.__....__. 9/27/2001 2:42 Judgment...... 00 _ Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD C Jury Trial.... Disposed Desc.: _ Disposed Date. 0/00/0000 ------------ Case Comments ------ Higher Crt 1.: 758 MDA 2006 Higher Crt 2.: 4/07/2005 ORDER OF _ C-OUFT - I'.TED 4(7/05 - IN RE PETITION FOR CONTEMPT - UPON CONSIDERATIG, CF PET -'IC:i FOR CONTEMPT FILED BY TILL. PLAINTIFF THEDEFENDANT aCAi+.E LYi4i: W(?ILT IS FOUND IN CONTEMPT THE MATTER IS REFERRED TO COITCILEATION AS REQUIRED BY THE TRIAL RULES OF COURT - BY EDWARD E GUIDO - COPIES Ni_-TILED 4/7/05 -_ ------------------------------------------------------------------- 4/22/2005 ORDER _OF_COURT_-_D.T-_TED_4.Z22[O5_;_TI;E_CUSTODY_HEARING _IN_ THE ABOVE BY THE COURT EDW.D E GUIDO J COPIES MAILED 6/13/2005 CUSTODY CQNCILIATIJN CONFERENCE SUMMARY REPORT-AND ORDER OF COURT - DATED 6/13/CS - EL THE COU:T EDWARD E GUIDO J_COPIES MAILED ------------------------------------------------------------------- 11Q-/LE 11/02/2005 CUSTODY CONCILIATI_i: CCTFIRE I;CD SUMMARI REPORT AND ORDER OF COURT - DATED 11 l; OS HEAFDiG I3 SCHED D zN CR 5 OF THE CUMBERLAND COUNTY COU THOSE CARLISLE P:". - FOR 12 19/05 AT 8;30 AM - BY THE COURT EDWARD E GUI DO J CC-IES i AILED 12/07/2005 ORDER OF OU:T - .'.TED 12/7/C5 - THE HEARINGOUSLY SCHEDULED- I ZL- = FOR 12/1905 :,T 8:,;l? IS =SCHEDULED FOR 1 11 06 AT I:00 PM IN OR 5 - BY TEn =R =D4;ARD E GUIDO J COPIES D - --------------------------------------------- --------------------- 1? _ 12/15/2005 ORDER OF COURT - DATED 12/15/05 - THE CUSTODY HEARING IN THE ABOVE REFERENCE CAS' SCHEDULED -0R 1/11106 AT' 1:00 PM IS HEREBY RESCHEDULED 1410105 2142E''_ REQJES OF THE PLFF'S COUNSEL - BY THE COURT EDWARD E GVUI10 J CO?IEc?L'AILED - -------------------- 3/01/2006 ORDER OF COURT - E-TED - IN RE EMERGE'NC`L CONTINUANCE - THE COURT. HAVING .!DV-S_D BY A.TY !,LP.T?L.S'S OFFICE THAT SHE WAS PROCEEDING ^ :-N E:'iERGEJC' R",0" AT 8.45 AM THIS DATE TO ATTEND A MEDICAL EMERENCY :-,ND TSP.' SI_ WED hE UNAVAILABLE FOR THE HEARING SCHEDULED IP'. THE =._-0'.'E i'E. EP_'_::CED CASE AT 1;30 FM IT IS HEREBY ORDERED ADN =IF.EC"':.D TH.-.T THE ?ERRING IS CONTINUED UNTIL 9:30 AM ON 3/2/06- - 2i TH.: :Ci,TT `! L 3=E°, JR J" COPIES MAILED ------------------------------------- ------- -------------------- 1 I __ 3/20/2006 ORDER OF COL T - D 3F:D Kt..ZCH S 2006 - BOTH PARTIES ARE DIRECTED TO FILE BRIES U-17.:'2:IS 0U-'_ ON OR BEFORE MARCH 24, 2006 THE - BR-IEFS---WILL 1.iC!,ULE 9:2GPC3EL _ _NDINGS OF FACT AND CONCLUSIONS OF LAW-SUPPORTF.= EY F-?.OPEF. _JTHOr.--TY ADDITIONALLY THE PARTIES ARE ORDERED-TO P-ESENT :O Ti!E 1, PROPOSED SCHEDULE OF CUSTODY IN THIS CASE TC? INCLL-" ;ALL }'.0;,-C.-=f5 THE SUMMER VACATION PERIOD AND THE NORMAL t.c'EI:-TC- 2E1: F-`?2__l L BY THE COURT .1 ?c_IRT JE J :_l 17S MAILED -------------------------------------------------------------------- 4/03/2006 PETITION FOR _.='^CI ^' ^^ _ tZZ - ??' --- -_ --------------------------- ------------------ 4/04/2006 ORDER OF COL-.T - -T,r -04- - IIi RE CUSTODY - BY M L EBERT JR J - DATED AL: H?AI;,,L ------------------- ------------------------------------------------ 13,f 7dT( 5/02/2006 NOTICE OF AF.c.A', - -- N_:RYLC" ''AT S ATTY ---------------- 5/04/2006 ORDER OF COU:_- - CJ^EJ 05-04- - -111 -RE. CUSTODY - BY M L EBERT JR J - COPIED 1-..-16 HAI ,FD CS-)4 -------- ----- -- 5/05/2006 SUPERIOR COU-T OF ... :SC "'I AI?.^..-.L DOCKETING" TO # 758 MDA 2006 _ - --- ------------------------------ 5/05/2006 NOTICE OF AFSu.4 - - ---------------------- -TTY FO------ St,L 5/23/2006 STATEMENT OF . BY MARYLOII_MATAS ATTY FOR DEFT - ----------------- ---------- ------------------------------------- 63S_ fIl 6/08/2006 TRANSCRIPT ON 03-09-06 aN CR 5 BEFORE M L EBERT JR J ---------------------------------- ------------------------------- "c3jp 6/30/2006 ORDER FROM -7 =C_ _-L:_T OF =E T&EIAL COUT SHALL COMPLETE 10123907102006 Cumberland County Prc':honotary's Office Page 4 P+YS510' Civil Case Print 2001-05648 AVEY DERRICY (vs) WILT ACAMIE L Reference No..: Filed........: 9/27/2001 Case Type.....: COMPLAINT - C":STORY Time.........: 2:42 Judgment....., .00 Execution Date 0/00/0000 Judge Assigned: GUIDO EDWARD Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 758 MDA 2006 Higher Crt 2.• ITS OPINION AND TREAT_SSMIT THE RECORD TO THIS COUT BY 7/12/06 - PER CURIAM ----- ----------- --------------- ------ ------ --------- ------------ fi4Zjti 6/30/2006 ORDER - 06-26-06 - IN RE: TRI'-., COURT SHALL COMPLETE ITS OPINION - - - Gp AND TRANSMIT THE RECORD TO Tr IS COURT BY 07-12-06 - BY J MCCULLOUGH-DPTY.PROTHONOTARY-SUPERIOR COURT OF PA-MIDDLE DISTRICT ------------------------------------------------------------------- ?3{_ EEJ® 7/07/20,06 OPINION PURSUANT T PA RAP 1925 COPIES MAILED ------------------------------------------------------------------- 7/10/2006 CASE TRANSFERRED T--, SUPERIOR COURT OF PA BY UPS ------------------------------------------------------------------- 7/10/2006 SERVICE OF THE LISL OF RECORD DOCUMENTS TO ALL COUNSEL/PARTIES - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow -n-ormation * Fees & Debits Sea Sal ^:,_s/Add End Sal CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT .5? .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 CUSTODY FEE 4.00 4.00 .00 CUSTODY FEE-CO 11.00 1.00 .00 CONTEMPT CUSTOD 50.00 50.00 .00 MODIFICATION CU 50.00 50.00 .00 MODIFICATION CU 50.nn 70.00 ,00 MODIFICATION CU 50.00 50.00 .00 CONTEMPT CUSTOD 50,-, 0.00 .00 SPEC RELIEF CUS SO.G7 10.00 .00 APPEAL 30.00 30.00 .00 ---------------- ------- ------------ ?30.50 4-10.50 .00 * End of Case Informati;n MMY RU • FROM RECORD ??q TO my ? FM the jaw d coun at Wft Pa, Commonwealth of Pennsylvania County of Cumberland ss: 1 CURTIS R. LONG , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein DERRICK AVRY Plaintiff, and ACAMIE L. WILT Defendant , as the same remains of record before the said Court at No. 01 -9648 of civil Term, A.D. 19-. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 10th day of ITUTIV D A. D., 19-2-0-a6 r 13t?1 ' j Prothonotary I, EDGAR B. BAYLEY resident Judge of the Judicial District, composed of the County of Cumberland, do certify that CURTIS R. LONG , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of CLTMBERI AND in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judica as els here and that the said record, certificate and attestation are in due form of law and mad y the pro off . Commonwealth of Pennsylvania County of Cumberland ss: I CURTIS R. LONG Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable EDGAR B. BAYLEY by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 10th day of JULY A.D. 19 2006 Prothonotary V LAW OFFICES IRWIN & McKNIGHT ROGER B. IRWBV MARCUS A. McKMGH7; III DOUGLAS G. MILLER MATIHEWA. McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WESTPOMFRETSTREET CARLISLE, PENNSYLVANIA 1 7013-3 211 (717) 149-2353 FAX(717)249-6354 WWW.IMHLAWCOM HAROLD S. IRWIN (1915-1977) HAROLD S. IRWRY, JR (1954-1986) IRWRV,1RWIN & 1RWW (1956-1986) IRWRV, IRWIN & MCKNIGHT (1986-1994) IRWIN. McKNIGHT & HUGHES (1994-2003) IRW1N & McKMGHT (1003- ) March 24, 2006 THE HONORABLE M. L. EBERT, JR. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 1COURTHOUSESQUARE CARLISLE, PA 17013 RE: AVERY v. WILT 2001-5648 Dear Judge Ebert: Enclosed please find the Brief of Derrick Avey together with the Findings and Custody Schedule, which you requested in this case. Please call me if you require anything else to assist you with this case. Very truly yours, IRWIN & McKNIGG Marcus Y cKnight, III MAM:SlS Enclosure cc: Marylou Matas, Esquire Mr. Derrick G. Avey LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 CAMP HILL OFFICE ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 2109 MARKET STREET JAMES D. FLOWER, JR EMAIL: attorney@sfl-law.com CAMP HILL, PA 17011 CAROL J. LINDSAY www.sfl-law.com TELEPHONE: (717)737-3405 BRIAN C. CAFFREY FACSIMILE: (717)737-.1407 GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH REPLY TO CARLISLE March 2, 2006 The Honorable Merle L. Ebert, Jr. Cumberland County Courthouse 1Courthouse Square Carlisle, PA 17013 RE: Wilt v. Avey Dear Judge Ebert: Please be advised that the hearing has been rescheduled to Thursday, March 9, 2006 at 2:00 p.m. for the aforementioned clients. Thank you for your consideration and cooperation in this matter. MM/lao Cc: Acamie Wilt Marcus McKnight, Esquire Very truly yours, SAIDIS, FLOWER & LINDSAY t2lou&mat RECEIVE MAR 0 3 20% BY:-_ JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com www.sfl-law.com March 2. 2006 The Honorable Merle L. Ebert, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, ?A 17013 RE: Wilt v. Avey Dear Judge Ebert: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLF A Custody Hearing was rescheduled from 1:30 p.m. on Wednesday, March 1, 2006 to 9:00 a.m. on Thursday, March 2, 2006. Unfortunately, I am still very ill with the medical issues I had attended to yesterday. My secretary, Lisa, has called your office on my behalf and has spoken with Beth and I also had the opportunity to speak with you directly this morning regarding this matter. It has been agreed that this hearing will be rescheduled for a later day and time towards the end of next week. Once we have coordinated rescheduling with Marcus McKnight, Esquires office, Lisa, will call to see what best suits your calendar. Thank you for your consideration and cooperation in this matter. Very truly yours, MM/lao Cc: Acamie Wilt Marcus McKnight, Esquire SAIDIS. FLOWER & LINDSAY lt?u Matas??j MAR 0 3 2006 LAW OFFICES SAIDIS FLOWER R. LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS - TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 JAMES D. FLOWER, JR EMAIL: attorney@sfl-law.com CAROL J. LINDSAY wwwsfl-law.com BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH The Honorable Merle L. Ebert, Jr. Cumberland County Courthouse 1Courthouse Square Carlisle, PA 17013 RE: Wilt v. Avey Dear Judge Ebert: March 1. 2006 CAMP HILL OFFICE: 2109 MARKET STREE1 CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO, CARLISLE A Custody Hearing was scheduled for 1:30 p.m. on Wednesday, March 1, 2006. Unfortunately, I have an emergency medical issue and I am headed to the emergency room this morning. My secretary Lisa has called your office on my behalf and has spoken with Beth and it has been agreed that this hearing will be rescheduled to 9:30 a.m. on Thursday, March 2, 2006. Thank you for your consideration and cooperation in this matter. Very truly yours, SAIDIS, FLOWER & LINDSAY 1trylu Matas, Esquire MM/lao Cc: Acamie Wilt Marcus McKnight, Esquire LAW OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A. McKNIGHT, III DOUGLAS G. MILLER MATTHEW A. MCKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717)249-2353 FAX (717) 249-6354 WWW.IMHIAW.COM February 28, 2006 The Honorable Merle L. Ebert Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Derrick G. Avey v. Acamie L. Wilt No. 2001-5648 Dear Judge Ebert: HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN&McKNIGHT (2003- ) This custody case is scheduled before you at 1:30 p.m. tomorrow afternoon March 1, 2006. I would like to recall Jeffrey Lensbower, Psychologist, and Angie M. Shahmoradi, LSW, to update their previous testimony. I would like to do it by telephone in order to minimize time and expense. I will contact Attorney Marylou Maras and seek her concurrence for the telephone testimony. Very truly yours, IRWIN Marcus MAMImin cc: Marylou Matas, Esq. (Via Fax) Mr. Derrick G. Avey U05 ' DERRICK G. AVEY, : IN THE COURT OF CONL140N PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-5648 CIVIL TERM ACAMIE L. WILT, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /Jd6ay of December, 2005, the Custody Hearing in the above- referenced case scheduled for Wednesday, January 11, 2006, at 1:00 p.m, is hereby rescheduled forA< 142006 ateer re quest of the Plaintiff's counsel. Edward E. Guido, J. cc: Marcus A. McKnight, III, Esquire Attorney for Plaintif etitioner Marylou Matas, Esquire Attorney for Defendant/Respondent DERRICK AVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY NO. 01-5648 CIVIL TERM ACAMIE L. WILT, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 10 day of 2002, upon review and consideration of the within Petition to Make Rule Absolute, it is hereby ordered and directed that Thomas S. Diehl, Esquire, shall be permitted to withdraw as counsel for the Plaintiff, Acamie L. Wilt, upon the filing of an appropriate Praecipe. J. cc: Thomas S. Diehl, Esquire Acamie L. Wilt tiC 1? ??iil d? IA'.1J Y DERRICK AVEY, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-5648 CIVIL ACTION LAW ACAMIE L. WILT, Defendant/Respondent CIVIL ACTION - LAW PLAINTWEWPETTrIONEW S PRE-HEARING MEMORANDUM FATHER'S POSITION ON CUSTODY CIMRENI POSITION Father seeks primary physical custody of the child, Keaton G. Wilt, (DOB April 30, 2000). Father's household provides a more stable, nurturing environment for Keaton. Mother's household is unstable because of current and continuing drug and alcohol issues, unreliable boy friend presence, and mother's repeated refusal to allow father access to their child, including repeated flagrant disregard for the Court ordered custody periods. Father's household is stable. He lives with his wife Kyline, and two children, Dawson Avey (DOB March 13, 2001) and Kyla Hause (DOB February 24, 1999) who are close enough in age to be playmates for Keaton. Father's household does not have current drug and alcohol issues, nor would father disobey a custody order. Rather, father would exercise every effort to insure that the court-ordered custody arrangement was followed with as much love and compassion for Keaton, as is possible. Mother refused to allow father to see or have contact with Keaton starting from birth. Although, father has been dutifully paying support, with an effective date of July 24, 2000, father was denied virtually all contact with his child until after the December 3, 2001 conciliation conference (which had arisen from father's September 27, 2001 complaint seeking custody of Keaton). I Although Keaton's lack of contact with his father was a direct result of mother's wrongdoing, father, Derrick Avey, agreed at the December 3, 2001 conciliation conference to a "ramp-up" partial physical custody schedule in order to give Keaton a chance to become gradually acquainted with his father. Mother was represented at this conference by Janice M. Hawbaker, Esquire. The "ramp-up" partial physical custody agreement, from the December 3 custody conciliation conference, was made an Order of this Honorable Court dated December 13, 2001. The Order is attached as enclosure A. In accordance with the December 13, 2001 order, father exercised four two-hour visitation periods, with Keaton, at mother's residence on December 7, December 8, December 14, and December 15. Following the four two-hour visitation periods, father enjoyed two four-hour partial custody periods on December 21 and again on December 22. Following the two four-hour partial custody periods, father enjoyed two one-day overnight custody periods on December 28-29 and on January 4-5. Father's first overnight, weekend custody period was scheduled for Friday January, 11 through Sunday January, 13. However, mother refused to turn over custody of the child for the custody period starting on January 11, 2002 and retained custody of the child throughout father's partial custody weekend. Father attempted to have the custody order enforced by the Shippensburg Police but was told that mother's residence was outside their jurisdiction. Father further attempted to have the Pennsylvania State Police enforce the custody order but was told that they would not enforce a custody order unless it was directly written into the custody order that the Pennsylvania State Police were directed by the Judge to enforce said custody order. Lastly, father attempted to have Constables enforce the custody order who first quoted prices for enforcing the custody order and then, after father had agreed f to pay the quoted fees, refused to get involved. Father thus had no way of enforcing the custody order. On January 15, 2002, counsel for father received a letter, by fax, from Anne M. Sheppard, Esquire, associate of Janice M. Hawbaker, Esquire advising counsel for father he had their permission to contact mother directly. Mother subsequently refused to allow father to enjoy his court ordered custody periods on Thursday evening January 17, 2002, the entire weekend of January 25-27, 2002, Thursday evening January 31, 2002 and the entire weekend of February 7-10, 2002. During this period, father filed for contempt on January 16, 2002. Additionally, a Praecipe to Withdraw and Enter Appearance was filed on January 30, 2002 withdrawing the appearance of Janice M. Hawbaker, Esquire and entering the appearance of Thomas S. Diehl, Esquire, for mother. A conciliation conference was scheduled for February 12, 2002 pursuant to father's Petition for Contempt. The mother did not attend the conciliation conference. Mother's attorney indicated to the conciliator that mother would be available by phone. However, attempts to contact mother during the conciliation conference were unsuccessful. At the conciliation conference, father, with growing concern, agreed to continue the partial physical custody schedule that had been set forth in the December 13, 2001 Order with additional "make-up" periods for the three weekends and two weekday evenings that mother had refused to allow father to exercise custody of Keaton. Father also informed mother's counsel of his intention to seek attorney's fees if mother continued to withhold the child. The day following the second conciliation conference, February 14, 2002, mother did allow father to exercise his regularly scheduled weekday evening custody period from 6:30 p.m, to 8:00 p.m. However, the following day, February 15, 2002, mother again refused to allow father to exercise his weekend overnight custody period which had been designated a make-up custody period at the December 3, 2001 custody conciliation conference. Thereafter, mother refused to allow father to exercise custody the weekend of February 15-17, the weekend of February 21-24 and Tuesday February 26, 2002. The continued partial custody schedule, with make-up periods was made an Order of this Honorable Court dated February 20, 2002. The Order is attached as enclosure B. Subsequently, following the refusal to allow father to exercise partial physical custody on the weekend of February 15 through February 17, 2002, father exercised his right to contact the custody conciliation, through counsel, to request a hearing, on contempt. As a result of mother's continuing argument that father does not know the child, and the recognition that further delay reinforced that argument, father requested an expedited hearing so that mother's refusal to abide by the Court Ordered custody periods would not produce additional hardship in the way of father's attempts to see his son by reinforcing a "status quo," which had prevented father from seeing his child, but which had been entirely the result of mother's wrongdoing. Father believes that his household is a far superior environment to exercise primary physical custody for the raising and nurturing of Keaton. Additionally, father is convinced, from the events of the past two years, that mother cannot be trusted to abide by the Court Order, or to act appropriately in discharging the responsibility of the primary custodial parent. Accordingly, father respectfully requests this Honorable Court to find mother, Acamie Wilt, in contempt and to award primary physical custody, to father, and award every other weekend plus alternating holidays partial physical custody to mother because it would be in the best interest of Keaton. Mother has willfully, and repeatedly, with an attitude of complete disregard for the Court convincingly shown that she is not willing, or not able, to faithfully discharge the responsibility of the primary custodial parent. Additionally, father desires attorney's fees, and costs, for all matters related to the above captioned matter, since the December 3, 2001 conciliation conference plus a specific paragraph directing the Pennsylvania State Police to accompany father to enforce the custody order, when requested by father, so that the child will be properly returned to father following mother's partial physical custody periods. WITNESSES AND SUMMARY OF ANTICIPATED TF TD4ONY Marsha R. Thompson - (family friend) Observed interaction between Keaton and Mr. and Mrs. Avey, in the Avey home. Mrs. Avey is also Ms. Thompson's baby-sitter. Charity Koser - (family friend) Observed interaction between the Keaton and Mr. and Mrs. Avey. Accompanied Mrs. Avey on two occasions, January 11 and 25, when Ms. Wilt refused to allow the child to go on his scheduled visitation period with his father. Glenna Meshyock - (Mr. Avey's mother) On seven occasions observed Keaton with Mr. Avey and his wife and family. Accompanied Mr. Avey on three occasions to pick up Keaton. Observed on two of the three occasions, witnessed that Keaton was given to Mr. Avey without a coat or shoes and witnessed that Mr. Avey had to take a blanket along to shield Keaton from the winter elements. Joe Meshyock - (Mr. Avey's step-father) On seven occasions observed Keaton with Mr. Avey and his wife and family. Accompanied Mr. Avey on four occasions and Mrs. Avey on one occasion to pick up Keaton. On two of four occasions witnessed that Keaton was given to Mr. Avey without coat or shoes. V. Kyline Keefer - (Mrs. Avey's mother) Observed interaction between Keaton and Mr. Avey on eight occasions at both Mr. Avey's home and hers. Accompanied Mr. Avey on two occasions to pick up Keaton. On one of the two occasions, Ms. Wilt refused Mr. Avey the right to exercise his custody period. Jeffrey L. Keefer - (Mrs. Avey's father) Observed interaction between Keaton and Mr. Avey on five occasions at both Mr. Avey's home and his. Accompanied Mr. Avey on six occasions to pick up Keaton for his scheduled visitation period. On three of the six occasions, Ms. Wilt refused Mr. Avey the right to exercise his custody period. (On one occasion Ms. Wilt conducted a verbal attach on Mr. Keefer). Rose Hause - (Kyline Avey's daughter's grandmother) Observed interaction between Keaton and Mr. Avey in the Avey home. Larry Hause - (Kyline Avey's daughter's grandfather) Observed interaction between Keaton and Mr. Avey in the Avey home. Accompanied Mrs. Avey on one occasion to pick up Keaton, and at this time actually witnessed Ms. Wilt refusing to allow Mrs. Avey to have Keaton for the scheduled custody period. Michelle Keefer - (Kyline Avey's sister) Observed interaction between Keaton and Mr. Avey in the Avey home. Kyline Avey - (Mr. Avey's wife) Can testify to the times that Ms. Wilt refused to allow Keaton to go on the scheduled visitation periods and the times that, Keaton was without shoes and proper clothing to shield him from the winter elements, and the interaction between Keaton and her husband. Respectfully submitted, Dirk E. Berry, Esquire Attorney for Plaintiff/Petitioner 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 VERIFICATION I verify that the statements made in this Petitioner's Pre-Hearing Memorandum are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. De t Avey SCHEDULE OF PARTIAL PHYSICAL CUSTODY AS PER COURT ORDER - DECEMBER 13, 2001 * Visitation period did occur. Visitation period did not occur. * Thursday, February 14, 2002 Friday, February 15, 2002 - Sunday February 17, 2002 (make-up) Thursday, February 21, 2002 - Sunday, February 24, 2002 Tuesday, February 26, 2002 (make-up) * Thursday, February 28, 2002 * Friday, March 1, 2002 - Sunday, March 3, 2002 (make-up) * Tuesday, March 5, 2002 (make-up) * Thursday, March 7, 2002 - Sunday, March 10, 2002 * Thursday, March 14, 2002 - Sunday March 17, 2002 (make-up) * Thursday, March 21, 2002 - Sunday March 24, 2002 DERRICK AVEY, Plaintiff vs. AC.AMIE L. WILT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL ACTION LAW IN CUSTODY /ORDER OF COURT AND NOW, this 1- 3 day of 4,? QJY c 200 , upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Derrick Avey, and the Mother, Acamie Wilt, shall have shared legal custody of Keaton G. Wilt, born April 30, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Child, including medical and school records.- 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have physical custody of the Child in accordance with the following gradually expanding schedule: The Father shall have visitation with the Child on Friday, December 7 and Saturday, December 8, 2001 at the Mother's residence from 3:00 p.m. until 5:00 p.m. Neither the Father's wife nor the Mother's boyfriend shall be present for these periods of visitation, although the Father's other son, Dawson, may accompany the Father on December 8. The Father shall have visitation on Friday, December 14 and Saturday, December 15, 2001 at the Mother's residence from 3:00 p.m. until 5:00 p.m. at which time, the Father's family members and the Mother's boyfriend may be present. The Father shall have partial custody on Friday, December 21 and Saturday, December 22, 2001 from 3:00 p.m. until 7:00 p.m. The Father shall have partial custody from Friday, December 28 at 3:00 p.m. through Saturday, December 29, 2001 at 3:00 p.m. The Father shall have custody from Friday, January 4 at 11:00 a.m. tlrrough Saturday, January 5, 2002 at 6:00 p.m. Enclosure A The Father shall have custody from Friday, January 11 at 3:00 p.m. through Sunday, January 13, 2002 at 3:00 p.m. Beginning January 17, 2002, and continuing on an ongoing basis thereafter, the Father shall have custody of the Child during weeks following the Father's weekend periods of custody on Thursdays from 6:30 p.m. through 8:00 p.m. The Father shall have partial custody from Friday, January 25 at 3:00 p.m. through Sunday, January 27, 2002 at 6:00 p.m. Beginning on Thursday, February 7, 2002 and continuing thereafter on an ongoing basis the Father shall have custody on alternating weekends from Thursday at 6:30 p.m. through Sunday at 6:30 p.m. 4. Beginning in 2002, the parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody During Segment A and the Mother shall have custody during Segment B. B. ALTERNATING HOLIDAYS: The periods of holiday custody on New Years Day, Easter, Memorial Day, July 4'h, Labor Day, and Thanksgiving shall run from 8:00 a.m. until 8:00 p.m. on the day of the holiday. In even numbered years, the Mother shall have custody of the Child on Easter, Labor Day and July 4'h and the Father shall have custody on Thanksgiving, Memorial Day and New Years Day. In odd numbered years, the Mother shall have custody of the Child on Thanksgiving, Memorial Day and New Years Day and the Father shall have custody on Easter, Labor Day and July 4'h. The Father's first New Years holiday period of custody shall take place in 2004. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 8:00 a.m. until 8:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for two weeks during each summer school vacation upon providing at least 30 days advance notice to the other party. Periods of custody under this provision may be scheduled consecutively or non-consecutively as long as the vacation period of custody does not interfere with the other party's regular weekend period of custody. 6. Through December 22, 2001, the Father shall be responsible to provide all transportation for exchanges of custody. Thereafter, the party receiving custody shall be responsible to provide transportation for the exchange, with the exception of the alternating Thursday evening period of custody for which the Father shall provide all transportation. 7. Both parties shall refrain from smoking in the presence of the Child and shall ensure that third parties having contact with the Child comply with this provision during his or her periods of custody. 8. Neither parent 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, AIWIJ Ct('1 J. cc: Dirk E. Berry, Esquire - Counsel for Father Janice M. Hawbaker, Esquire - Counsel for Mother TRUE CON Fp.r-',,M €?ECCID In Testimony whereof,,/ 1 here urzo set rry hand And t4 seaI d said yaurl atnCarlisle, pa, 0 DERRICK AVEY, Plaintiff vs. ACAMIE L. WILT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Keaton G. Wilt -April 30, 2000 Mother 2. A Conciliation Conference was held on December 3, 2001, with the following individuals in attendance: The Father, Derrick Avey, with his counsel, Dirk E. Berry, Esquire, and the Mother, Acamie L. Wilt, with her counsel, Janice M. Hawbaker, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator DERRICK AVEY, Plaintiff VS. ACAMIE L. WILT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ? day of F? 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 13, 2001, shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of Keaton G. Wilt in accordance with the fallowing schedule, which includes makeup periods of custody as indicated: a. On Thursday, February 14, 2002 from 6:30 p.m. through 8:00 p.m. b. From Friday, February 15 at 3:00 p.m. through Saturday, February 17, 2002 at 3:00 p.nn. (makeup). c. From Thursday, February 21 at 6:30 p.m. through Sunday, February 24, 2002 at 6:30 p.m. d. On Tuesday, February 26, 2002 from 6:30 p.m. through 8:00 p.m. (makeup). e. On Thursday, February 28, 2002 from 6:30 p.m. through 8:00, p.m. f. From Friday, March 1 at 3:00 p.m. through Sunday, March 3, 2002 at 6:00 p.m. (makeup). g. On Tuesday, March 5, 2002 from 6:30 p.m. through 8:00 p.m., (makeup). h. From Thursday, March 7 at 6:30 p.m. through Sunday, March 10, 2002 at 6:30 p.m. i. From Thursday, March 14 at 6:30 p.m. through Sunday, March 17, 2002 at 6:30 p.m. (makeup). Enclosure B j. From Thursday, March 21 at 6:30 p.m. through Sunday, March 24, 2002 at 6:30 p.m. (and continuing thereafter on alternating weekends from Thursday at 6:30 p.m. through Sunday at 6:30 p.m.) k. On Thursday, March 28 from 6:30 p.m. through 8:00 p.m. (and continuing thereafter during weeks following the Father's alternating weekend periods of custody on Thursday from 6:30 p.m. through 8:00 p.m.) 3. In the event the Child is not made available (except in an emergency or upon prior agreement of the parties) for either a makeup or regular period of partial custody under this Order or the prior Order dated December 13, 2001, the Father's counsel may contact the Custody Conciliator to schedule an additional Conference or request the scheduling of a Hearing. 4. The parties may modify the provisions of this Order by mutuat consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: Dirk E. Berry, Esquire - Counsel for Father Thomas S. Diehl, Esquire - Counsel for Mother I r{Er2 UYItO and t Seal of said c rt ?t Ca lisp, fa. Thi ...... t?Q. a...l ..•.....,.? Edward E. Guido, DERRICK AVEY, Plaintiff vs. ACAMIE L. WILT, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Keaton G. Wilt April 30, 2000 Mother 2. A Conciliation Conference was held on February 12, 2002, with the following individuals in attendance: The Father, Derrick Avey, with his counsel, Dirk E. Berry, and the Mother's counsel, Thomas S. Diehl, Esquire. The Mother's counsel advised that the Mother was not able to attend the Conference as she is on bed rest due to her current pregnancy. However, the Mother's counsel was not able to reach the Mother by telephone during the Conference. 3. The Father filed this Petition for Contempt alleging that the Mother refused to make the Child available for a period of custody on January 11, 2002 and for all Court ordered periods of custody since that date. Subsequently, the Mother filed a Petition for Modification. The Mother's counsel communicated the Mother's concerns regarding the Child's adjustment to the custody schedule. 4. The seriousness of failing to make a child available for Court ordered periods of custody was discussed at the Conference as well as the obligation of the primary physical custodian to promote and encourage the relationship between the Child and the other parent. The Conciliator strongly recommended that the parties obtain counseling for the purpose of developing trust, communication r and a cooperative parenting relationship in an effort to reduce anxiety for the Child and to generally promote his well-being. 5. The parties agreed (the Mother, through counsel) to entry of an Order in the form as attached as a resolution to the Father's Petition for Contempt. The Mother's Petition for Modification is withdrawn. Date Dawn S. Sunday, Esquire Custody Conciliator W-M A,f FEB 0 2 2006 DERRIK G. AVEY, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY PRE-HEARING MEMORANDUM OF PLAINTIFF/PETITIONM DERRICK G. AVEY AND NOW, comes the Plaintiff/Petitioner, Derrick G. Avey, by and through his attorneys, Irwin & McKnight, and files this Pre-Hearing Memorandum as required by Rule 1920.33 of the PA Rules of Court, setting forth as follows: I. Summary of the Case: The Father, Derrick Avey, the Plaintiff/Petitioner in this action, has been attempting to maintain a normal relationship with his son, Keaton, G. Wilt, age five (5) who was born April 30, 2000. To assist with this process, the parties have undergone a custody evaluation with Jeffrey L. Lensbower, M.S., of Chambersburg, Pennsylvania. A preliminary report was issued on February 7, 2005, a copy of said report is attached hereto and marked as Exhibit "A A second report was issued on January 20, 2006, with recommendations to the Court, a copy of said report is attached hereto and marked as Exhibit "B". Over the last two (2) years, Keaton's relationship with his father under the current custody arrangement has become strained. The only improvement occurred when Derrick enjoyed a shared physical custody arrangement of Keaton. The Plaintiff/Petitioner, Derrick G. Avey, is requesting the opportunity to establish a more normal relationship with Keaton by having primary physical custody of him at least on a trial basis. The Plaintiff/Petitioner and his wife, Kylene Avey, have two (2) other children in their household and have lived in the same home for the past four (4) years. Keaton has resided primarily with his mother who has moved repeatedly over the past three (3) years. The mother does not have custody of her older handicapped daughter who is cared for by Acamie's mother, Sharon Wilt. II. Issues: Whether Keaton G. Wilt should change custody in order to reside with his father. III. Position of Father: The position of the father is that a change is warranted and suggests that it be for the rest of this school year on a trial basis to determine whether Keaton's behavioral issues improve while living in his father's household. IV. List of Witnesses: 1. Derrick G. Avev, 8916 McClay's Mill Road, Newburg, Pennsylvania 17240, father of Keaton Wilt, will testify regarding his love and affection for his son, and the manner in which he has been raised. He will also be testifying regarding his relationship with his wife, Kyline, her character as well as her relationship with his son, Keaton. 2 2. Kyline Christina Avev, 8916 McClay's Mill Road, Newburg, Pennsylvania 17240, step-mother of Keaton Wilt, will testify regarding her love and affection for his step-son, and the manner in which he has been raised. She will also be testifying regarding her relationship with her husband, Derrick, his character as well as his relationship with his son, Keaton. 3. Sharon Wilt, maternal grandmother of Keaton, will testify regarding her relationship with her grandchild and with both of the parties. She will also be testifying regarding her relationship with Keaton's father, his character as well as his relationship with his son, Keaton. She will also testify regarding her relationship with Keaton's mother, her character, as well as her relationship with her son, Keaton. 4. Virginia K Keefer, 7812 McClay's Mill Road, Newburg, Pennsylvania 17240, step-grandmother of Keaton, will testify regarding her relationship with Keaton and with both of the par ties. 5. Jeffrey L. Keefer, 7812 McClay's Mill Road, Newburg, Pennsylvania 17240, step-grandfather of Keaton, will testify regarding his relationship with Keaton and with both of the parties. 6. Rebecca Heiman, 4796 Helman Road, Chambersburg, Pennsylvania 17201, friend of the Plaintiff/Petitioner and his wife, Kyline, will testify regarding Keaton's father, his character as well as his relationship with his son, Keaton. She will also testify regarding Keaton's step-mother, Kyline, her character as well as her relationship with Keaton. She will also testify regarding Keaton's mother and her character and her relationship with her son, Keaton. 3 7. Jeffrey Lensbower, M.S. Certified Forensic Counselor, 1970 Scotland Avenue, Chambersburg, Pennsylvania 17201, will testify regarding his custody evaluations of the parties. 8. Acamie L Wilt will testify as on cross-examination. V. Conclusion: The Plaintiff/Petitioner, Derrick G. Avey, father of Keaton G. Wilt, seeks the entry of an Order of Court which provides for primary physical custody on a trial basis trial basis to determine whether Keaton's behavioral issues improve while living in his father's household. Respectfully submitted, IRWIN & MccIGVIGH By: Marcus ' . Mc t, II, Esq. - 60 West Pomfre Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Plaintiff Date: February 2, 2006 4 EXHIBIT "A" Child Custody Evaluahm Report Avey v. Mir Jeffrey L. Lensbower PSYCHOLCOST I 1970 Scotland Avenue Chambersburg, Pennsylvania 17201 7eL (717) 263-6370 1 Fax_ (717) 261-W74 Child Custody Evaluation Report Date of Information Compilation: January 31, 2005 Date of Report February 07, 2005 Identification of Case In The Court Of Common Pleas Of Cumberland County, Pennsylvania Civil Action - Law No. 01-5648 In Custody Parties & Minor Children: Derrick Glen Avey, Plaintiff vs. Acamie Lyn Will, Defendant Keaton Gaige Witt, minor child Referral Sources: The Order of Court of March 24, 2004, entered by the Honorable Edward E. Guido, orders Mr. Derrick Avey and Ms. Acarrlle Wilt shall submit themselves, the minor child, Keaton Wilt, and any other individuals deemed necessary by Mr. Jeffrey Lensbower (evaluator) to a child custody evaluation by a professional selected by agreement between the parties and counsel. Referral Question(s): The purpose of the evaluation, as stipulated by the Referral Source, shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the minor child, Keaton WiIL Research & Resources: Ackerman, Marc J., (2001). Clinician's Guide to Child Custody Evaluations - Second Edition. John Wiley & Sons, Inc: New York, New York. Butcher, James N., Graham, John R., Ben-Porath, Yossef S., Tellege, Auke, Dahlstrom, W. Grant, & Kaemmer, Beverly, (2001). MMPI-2 (Minnesota Multiphasic Personality inventory - 2) Manual for Administration, Scoring, and Interpretation, Revised Edition. University of Minnesota Press. Minneapolis, MN. Nichols, David S. (2001). Essentials of MMPI-2 Assessment. John Wiley & Sons_ Inc. New York, New York JefreyL Lensi wer, MS PA Cefibed School Psychdogist Cerhfied Forensic Counseb, PA Licensed Psychobgist Division of Psychobgy Child Custody Evaluation Report Avey v. Wilt Schedule of /Appointments Individuals Evaluated & Amount of Time Devoted to Each Party: Mr. Derrick Avey, natural father 10.5 hours Mrs. Kyline Avey, stepmother 5 hours Ms. Acamie Wilt, natural mother 10.5 hours Mr_ Chad Cook, Ms. Wilt's paramour 5 hours Keaton Wilt minor child 8.5 hours Dates of Service: Mr. Derrick Avey - June 21, 2004; November 12, 2004 Mrs. Kyline Avey - June 21, 2004; November 12, 2004 Ms. Acamie Wilt - January 21, 2005 Mr. Chad Cook - January 21, 2005 Keaton Wilt - June 21, 2004; January 21, 2005 Methods of Evaluation Utilized: MR. DERRK:KAvEy: Ackerman - Schoendorf Scales for Parent Evaluation of Custody (ASPECT) Clinical Interview /Observation Bender- Gestalt Visual-Motor Performance Test Wechsler Abbreviated Scale of Intelligence Wide. Range Achievement Test- Revised Level 2 Minnesota Multiphasic Personality inventory - II Rorschach Inkblot Projective Test of Personality MRS. KYUNE AvEY- - - Ackerman - Schoendorf Scales for Parent Evaluation of Custody (ASPECT) Clinical Interview/ Observation Minnesota Mut(iphasic Personality Inventory-11 Ms. ACAMIE WILT: Ackerman - Schoendorf Scales for Parent Evaluation of Custody (ASPECT) Clinical Interview/ Observation Bender- Gestalt Visual-Mot0r Performance Test WechsierAbbreviated Scale of Intelligence Wide Range Achievement Test- Revised Lever 2 Minnesota Multiphasic Personality Inventory- It Rorschach Inkblot Projective Test of Personality MR. CHAD COOK: Ackerman- Schoendoif Scales for Parent Evaluation of Custody (ASPECT) Clinical Interview/Observation Minnesota Multiphasic Personality inventory-11 KEATON WILT. Child History Questionnaire Home Situations Questionnaire Achenbach Child Behavior Checklist Children's Atypical Development Scale Clinical Interview / Observation Slosson Intelligence Test for Children & Adults Developmental Test of Visual-Motor Integration Children's Apperception Test Kinetic Family Drawing Jeffrey L Lensbower, M.S. PA Caniried School Psydwb_W l:erVied Forensic Counselor, PA Licensed Psydmobgist Division ofPsy0ofty Child Cusro*Evakebm ReWrl Amy v. Wid Assessment Primary Issues as Viewed by Each Party: On December 30, 2003 Mr. Derrick Avey, f iled a Petrtion for Modifcaffon of Custody by his attorney, Marcus A. McKnight III, Esquire, in the Court of Common Pleas of Cumberland County, Pennsylvania. The Petition requests custody of Keaton Wilt be modified for his father, Mr Avey, to have primary physical custody and shared legal custody with periods of temporary physical custody to Keaton's mother, Ms. Witt, as the parties agree. By Order of Court of January 08, 2004, a Pre-hearing Custody Conference was scheduled for January 29, 2004 with Dawn S. Sunday, Esquire as acting Custody Conciliator to resolve the disputed issues. Mr. Avey reports he has tried to cooperate with Ms. Will and every attempt has failed. The only time that Ms. Wilt wants to cooperate with him is if she wants Keaton for something during his custody time, according to Mr Avey. Every time it was possible, Mr. Avey reports he would let Ms. Witt have Keaton during his custody time for special events and occasions even though he would lose that time with Keaton. He alleges Ms. Wilt would not allow him compensation from her custody time as she often promised when borrowing Keaton's time for the special event Ms. Wilt does not encourage a relationship between Keaton and his father, according to Mr. Avey. Mr. Avey reports he is not allowed to be referred to as, 'Daddy,' as only her paramour is allowed to be called "Daddy,' but only as long as he and Ms. Wilt are not righting at the time. If there are problems between Ms. Witt and her paramour, her paramour is referred to as Chad and not "Daddy,' according to Mr. Avey. When. Keaton calls Mr. Avey, "Daddy,' Mr. Avey alleges Ms. Wilt becomes very angry at Keaton and starts cursing at him for referring to Mr. Avey as his "Daddy". Mr. Avey reports that his wife, Mrs. Avey, is to be referred to as "nobody" by Keaton per Ms. Wilt's instructions. According to Mr. Avey, Keaton has told his wife that "his mommy says that only his mommy loves him and nobody else'. Mr Avey and his wife always try to reassure Keaton that they love him very much, but at times he still questions their love for him. Mr. Avey also reports Keaton says that "his mommy tells them that Mr. Aveys house, and his clothing and toys at Mr. Avey's house are not his. Only his mommy's house, clothes, and toys are his". Mr. Avey reports when he goes to pick up Keaton for visitation, if no one else except he and Ms. Witt is present, Keaton will get very excited to see his father (Mr Avey) However, Ms. Wilt will grab Keaton by the arm, jerk him toward her and say something to him. Mr. Avey relates that by the time Mr. Avey gets to Keaton, he tells Mr. Avey that he does not want to come to visit with him. Mr. Avey reports if Ms. Witt does have visitors when he picks up Keaton for visitation, Keaton is allays excited to go because Ms. Wilt doesn't get the chance to tell Keaton to tell his father he doesn't want to come with him. Mr. Avey alleges that on other occasions, Ms. Wift will tell Keaton that by going with his father, he will miss out on big things that are happening at her house that weekend. She also tells Keaton that it is his fathers fault he will be missing the fun. Mr Avey reports that if Ms. Wilt is upset at Mr Avey for something, she will start yelling and cursing at him in front of Keaton. According to him, every time this has happened Mr. Avey would wait until Keaton was not around and tell Ms Wilt that if she has problems with him that she wants to discuss, she can call or setup a time and place to discuss them, but not to be Saying these things in front of Keaton. According to Mr. Avey, this behavior continues regardless of his requests. Mr. Avey is concerned about how Keaton is punished when he is in his mothers care. Mr Avey reports times when Mr. Avey has picked Keaton up, Ms. Wilt has told him that her paramour would not let her punish Keaton if he was doing something wrong. Then, other times Mr. Avey has gone to get Keaton, she would tell him she was not letting her paramour punish Keaton at all. Allegedly, when it is time for Keaton to leave and go back to his "mommy's" house, he doesn't want to leave Mr. Aveys home. After he is dressed in the clothes he came with, he gets very deffreyL- eensaower, M.S. PA Certified Sdwool Psydrobgist CerWW Fafersu Counselor, PA Licensed P40ROWst Division of Psyd~ Child Custody Evaluation Report Aveyv. Will dingy, according to Mr. Avey. He reports Keaton starts twirling his hair and tries to t rips his hair out He also chews very hard on his finger. If Keaton is playing before Mr. and Mrs. Avey get him dressed to go, he will not resume playing no matter how much Mr. and Mrs. Avey try to get him to keep playing before his mother comes to pick him up. Mr. Avey alleges Keaton has also vomited at times when he has realized he is leaving. According to Mr. Avey, he and others have witnessed Keaton being fine all day until it was time for him to leave for his mothers care and then vomiting after realizing his mother was coming to pick him up. Mr. Avey states he wants what is best for his son. He reports he is concerned that Ms. Witt is confusing Keaton in many ways and he doesn't want this to continue anymore. He states that no matter how hard he tries to make things go smoothly on every exchange, Ms. Wilt cannot control her temper or accept the fact that Keaton does want to be with Mr. Avey, too. He is very worried that the older Keaton becomes, the more likely it becomes for her to make Keaton refuse to come see him. Mr. Avey states that Keaton always gets punished for showing any kind of excitement to see him. Mr. Avey believes that the punishment will continue to get much worse if something is not done about it now. Ms. Acamie Wilt filed a Petition for Modification of Custody by her attorney, Brian C. Bomman, Esquire, in Cumberland County Court on February 17, 2004- The Pali[ion alleged that the circumstances of the prior Order had changed such that Ms_ Witt (mother/petfioner) believed it would be in Keaton's best interest to have less time with Mr. Avey (father/respondent) for the following reasons- • During periods of physical custody with Mr. Avey, Keaton does not have his own room, nor does he have his own bed to sleep in and is forced to sleep with Mr. Avey's stepson. • Keaton has been stating that he does net like Mrs. Kyline Avey, his fathers wife, and that he does not want to go to see his father. • Keaton is consistently hungry when his mother picks him up from his father and expresses that he is not allowed to eat enough to fill him up. • Keaton expresses a fear of guests and friends of Mc Avey. • Keaton- has returned from Mr. Avey s pre with an unexplained bum on his side and with a severe case of 'pink eye' following a five (5) day visit with Mr. Avey. While this pink eye was obvious to Ms. Witt, Keaton's father professed to know nothing about it, although he did acknowledge.that his stepdaughter was known to have pink eye and that he failed to disclose this to Keaton's mother or to allow the chill to stay with his mother so as to not become infected. Ms. Wilt believed and, therefore, averred that Mr. Avey is only requesting additional time so that Keaton can be placed in the care of his paternal grandparents while he is supposed to be in the care of Ms. Wilt Background Inforinattion: MR. DERRICK AvEy Mr. Avey reports not being aware of any birth or developmental problems in his life. His parents divorced when he was 4 years old. His mother remarried and had two more sons which are Mr. Avey's half brothers. Mr. Avey recalls his home life being very calm, stable and loving when he was a child. He continues to have a good relationship with his parents, especially his mother. Mr. Avey reports one incident of legal trouble where he violated curfew as a child. He graduated Jeffrey L. Lw=bD~, MS PA Certified School Psychologist Certified Forensic Counselor, PA Licensed Psyd4logist omsim orPSydrplogy Child Custody Evaluation Repoli Aveyv KO from high school and joined the military as an underwater welder- Mc Avey received a medical discharge from the military after developing asthma and returned home. Mr. Avey met Ms. Witt while he was working at Hoffman Mills- She was seeing him while also seeing another man who is now living with her. Mr. Avey stopped seeing Ms. Witt when he became frustrated with her lack of commitment to him. He did not know that she was pregnant with Keaton when he stopped seeing her. He stated further that she did not directly tell him of his son's birth. He reported he found out about his son when Domestic Relations contacted him about child support He reported that this was almost a year after Keaton's birth and that Ms. Wilt had originally named her paramour as Keaton's father in the announcement of his birth. In order for Mr. Avey to see Keaton he went to court and secured a specified order for visitation. Mr Avey stated that Ms. Witt only ceded her opposition to his contact for a short while after this order was issued. After the third time that Mr. Avey was refused visitation, he reported he returned to conciliation and had Ms. Witt ordered to comply or face contempt charges for her defiance of the court order- He said Ms. Witt then allowed the visitation, although for example; the first visit she sent no provisions (diaper, clothes, or food) for Keaton's care. According to him, She has not held Keaton away from Mr. Avey since she was warned of her contempt and the possible consequences to her. However, Mr. Avey states that Ms. Witt says negative things about him in front of Keaton when he picks him up for visitation, which is a violation of the court order. He and his wife have also allegedly witnessed Ms. Wilt pull Keaton back from his father during exchanges when Keaton seems happy to see his father; and tell him to tell his father that he does not want to go with him for visitation. He further avers she does not inform him of medical concerns or appointments and she makes medical decisions unilaterally. Mr. Avey claims that Ms. Witt would not tell him of appointments that she had scheduled when Keaton was going to Hershey Medical Center and the medical personnel refused to give him any information at first because Ms. Wilt said that he was not entitled to such information. With the number of medical concerns regarding Keaton, he believes he should be part of the decision making process or at least know what his son is going through. Mr. Avey has been married for four years. He and his wife have three children between them and Keaton gets along well with his older stepbrother and younger half brother Mr. and Mrs. Avey employ timeout and response cost (taking away things) when Keaton does not behave. This does not happen very often. Keaton has his own room when he stays with Mr Avey. MRS. KYUN E AVEY - Mrs. Avey's birth and developmental history are reported as normal. She describes her childhood as being good and her relationship with her family as being warm and caring. She reports not having behavior problems in the past Mrs. Avey stated that she has never been arrested or charged with any drug and alcohol offenses. Mrs. Avey did have a child prior to meeting Mr Avey. She was engaged to be married to the child's father, who was in the military. However, prior to marriage her oldest child's father sustained a severe head injury and was placed in a nursing home where he continues to reside. Mrs. Avey attended college and is currently employed part-time as a nurse. She works from B to 20 hours per week. Ms. ACAMIE WILT Ms. Wilt did not report any birth and developmental problems in her background. She was raised in an intact family with one older sister. Ms. Wilt is a high school graduate. Ms. Wilt reports she was with Anneka's father for 3 years in what she reports as a physically and verbally abusive relationship. Ms. Witt related being physically abused often. Her daughter, Anneka, was premature at 6 months and was in Hershey Medical Center for a couple months after she was bom. Anneals father used to threaten to take her daughter, Anneka, away from her all of the time. Ms. Wilt reported that one time Anneka's father squeezed Anneka so tight that JeBreyL tansfwxVsr, MS. PA Certified Schod Psydwbgist Certified Forensic Counselor, PA Licensed Psyd+Wogst Omsion of Psychology Child Custody Evaluation Report Avey v. we 6 she stopped breathing. Ms. Witt had to give CPR to revive her daughter. Ms. Wilt said Anneka's father threatened and harassed her for several years, but after that incident he left them alone- Ms. Wit said she met Mr. Avey at work and dated him on and off for a 2 year period. Ms. Witt reported that Mr. Avey went in to the Navy around the time she found out she was pregnant with fCeatom Ms. Wilt stated that Mr. Avey and she were to wed after he returned from bootcamp. Ms. Wilt stated finding that Mr. Avey had been discharged from the Navy due to asthma after approximately one month. She did not know that he was in Shippensburg, Pennsylvania during that time. Ms. Wilt reports Mr. Cook, whom she has known since she was 16, helped her through her pregnancy while Mr. Avey was in the military. Mr. Cook had just been reused from jail after a 30 day sentence for a Driving Under the Influence charge prior to their coming together. She said that was the last time Mr. Cook had any problems with alcohol. Ms. Witt stated that Mr. Avey did not return to her and when she next saw him, he was with his present wire. Ms. Wdt has been with Mr. Cook since that time. Ms. Wilt said that she told Mr_ Avey that she was pregnant with their child after 1 month, which he denied. She reported that six months after Keaton was born she requested Mr. Avey visit Mr_ Avey did not show for that visit In fact, according to Ms. Wilt, Keaton was almost 2 years old before Mr. Avey met him. Keaton had only known Mr. Cook as his father prior to meeting Mr. Avey when he was almost 2 years old. Ms. Will stated that she would not have involved Mr. Avey had St not been for Medical Assistance, which required the father be identified so child support could help off-set the cost of Keaton's medical pre. According tD Ms. Whlt, Mr. Avey subsequently started to demand increasing custodial time with Keaton. She believed Keaton was too young for this, but the court ordered her to allow Mr. Avey time away from her with Keaton. She was concerned with the impact this may have on Keaton, as prior to this he only associated Mr. Cook as his father. Keaton has a significant articulation problem, orthopedic problems which are being corrected, and presently a brain tumor which is to be operated on in February, 2005, at the Johns Hopkins University Medical Center. He also has significant vision problems of undetermined origin. Ms. Will is currently employed by the Chambersburg Area School District as a bus driver. Ms. Witt has three children Anneka, Keaton, and Dayton. Anneka is 13 years old and in the a grade. She has cerebral palsy, uses a wheelchair, and has an aide to help her with personal pre and school work at home. Dayton is Keaton's 3 year old brother. Ms. Wilt reports that her children get along well together. MR- CHAD Coors Mr. Chad Cook, Ms. Wilrs paramour, by Order of Court, participated in the psychological evaluation {process do the Avey v. Wilt custody dispute. Mr. Cook reports no problems tar complications in his birth history. He indicates no delays reaching developmental or major motor milestones in his developmental history. Mr. Cook reports having had an appendectomy, but otherwise his childhood was free from serous illnesses, including ear infections, and major surgeries. He was prescribed Vic Odin and pain pills in the past, but presently Mr. Cook does not take any medications on a regular basis. Mr. Cook indicates is the middle child of seven. He reports he and his sus siblings have always had great relationships with each other. He relates that his siblings are a tremendous source of help and communication for him. He reports he had no problems getting along with or relating to children outside his family when he was a child. At present, when facing novel situations or meeting new people, Mr. Cook indicates he reacts openly and feely. Mr. Cook reports he had no behavior problems as a child; however, when discipline was necessary, his parents employed grounding. Mr. Cook indicates his behavior detained in high school because he hated school by then, but prior to high school, he was well behaved. He Jeffrey L t.ensbower, M.S. PA Celled School PsychologW CediWd Forensic Counselor, PA Licensed Psydorogist Division of Psychology Child Custody Evaluation RepW 7 Avey v <)H reports he was arrested once on a Driving Under the Influence charge. Mr_ Cook believes he had significant problems with shyness as a child. Currently, Mr. Cook holds his Graduation Equivalency Diploma (GED). He describes his relationship with Ms. Wift as great and says she is easy to work with. He also reports they are quick to help one another. He has not been employed since August 06, 2002, when he sustained a work-related injury. Infomurtion Gathered From Other Sources: Mr. Derrick Avey and Ms. Acamie Wilt are the biological parents of Keaton Gaige Wilt, bom April 30, 2000. Ms. Wilt, mother, and Mr. Avey, father, have never been married. Mr. Avey stated that he did not find out that Keaton was his son until a while after his birth when Domestic Relations contacted him regarding support. Prior to that, he stated that Ms. Will had named another man as the father. After learning that he was Keaton's father, Mr. Avey reports he systematically increased the time he spent with Keaton until regular, routine visitation could be established. The Order of Court of December 13, 2001 specified the schedule to acclimate Keaton Wit with his father Mr. Derrick Avey: • Mr. Avey, father, would have visitation with the child, Keaton Writ, on Friday, December 7 and Saturday, December 8, 2001, at Ms. Witt's residence from 3:00 pm until 5:00 pm. Neither Mr. Avey's wife nor Ms. Arilfs boyfriend would be present for these periods of visitation, although Mr. Avey's other son, Dawson, could accompany Mr. Avey on December 8, 2001. • Keaton's father would have visitation on Friday, December 14 and Saturday, December 15, 2001 at the Mother's residence from 3:00 pm until 5:00 pm, at which time, Mr. Avey's family members and Ms. Will's boyfriend may be present • Mr. Avey would have partial custody on Friday, December 21 and Saturday, December 22, 2001 from 3:00 pm until 7:00 pm. • Mr. Avey would have partial custody from Friday, December 28 at 3:00 pm through Saturday, December 29, 2001 at 3:00 pm. • Keaton's father would have custody from Friday, January 4 at 11:00 am through Saturday, January 5, 2002 at 6:00 pm. • Mr_ Avey would have custody from Friday, January 11 at 3:00 pm through Sunday, January 13, 2002 at 3:00 pm_ Beginning January 17, 2002, and continuing on an ongoing basis thereafter, Mr. Avey would have custody of Keaton during weeks following Mr_ Avey's weekend periods of custody on Thursdays from 6:30 pm through 8:00 pm. • Keaton's father would have partial custody from Friday, January 25 at 3:00 pm. through Sunday, January 27, 2002 at 6:00 pm. Beginning on Thursday, February 7, 2002 and continuing thereafter on an ongoing basis Keaton's father would have custody on alternating weekends from Thursday at 6:30 pm through Sunday at 6:30 pm. Beginning in 2002, Keaton's parents would share or alternate having custody of the chill on holidays in accordance with a court established schedule- JefieyL Lensbower M.S. PA Cedi6ed Sdwd Psychologist Certified Fa m c Counselor, PA Licensed Ps)Ct*bgist Division of PsydWAW Child Custody Evaluation Report 8 Avey v. Will Keaton's mother, Ms. Wih, requested that a Conciliation Hearing be held on March 16, 2004 in conjunction with an already scheduled Conciliation Hearing petitioned by Mr. Avey, Keaton's Father. The March 16, 2004 Conciliation Hearing resulted in agreements for Psychological Evaluations (Custody Evaluation) for Ms. Acamie Wilt and her paramour, Mr. Derrick Avey, his wife, Mrs. Kyline Avey, and the minor child, Keaton Wilt. The Conciliation Hearing of March 16, 2004 prompted the Order of Court of March 24, 2004. The Order of Court of March 24, 2004 by the Honorable Edward Guido orders, pending completion of the custody evaluation and further Order of Court or agreement of the parties, the Orderof Court dated December 13, 2001 should continue in effect with modifications stipulated in this Order of Court The current Order, with modifications specified, therefore, directs: Mr. Derrick Avey and Ms. Akarnie Wilt, Father and Mother, respectively, shall have shared legal custody of Keaton Wilt, bom April 30, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting Keaton's general well being including, but not limited to, all decisions regarding his health, education, and religion. Both parents shall have equal access to all records pertaining to their child, including medical and school records- a Ms. Acamie Witt shall have primary physical custody of the minor child Keaton Wilt • Mr. Avey shall have partial physical custody on attemating weekends from Thursday at 6:30 pm through Sunday at 8:00 pm (amended Order of Court March 24, 2004). • Mr. Avey shall have custody of Keaton during weeks following the fathers weekend periods of custody on Thursdays from 6:30 p.m. through 8:00 p.m. • Keaton's parents shall share or alternate having custody of the child on holidays in accordance with the following schedule: o Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:DD noon through December 26 at 12:00 noon. In even numbered years, Ms. Witt shall have custody during Segment A and Mr. Avey shall have custody during Segment B. In odd numbered years, Keaton's father shall-have custody during Segment A and his mother shall have custody during Segment B. Alternating Holidays: The periods of holiday custody on New Years Day, Easter, Memorial Day, July 0, Labor Day, and Thanksgiving shall run from 8:00 a.m. until 8:00 p.m. on the day of the holiday- In even numbered years, Keaton's mother, Ms. Wilt, shall have custody on Easter, Labor Day, and July 4m and his father, Mr. Avey shall have custody on Thanksgiving, Memorial Day, and New Years Day_ In odd numbered years, his norther shall have custody of Keaton on Thanksgiving, Memorial Day, and New Years Day and Mr. Avey shall have custody on Easter, Labor Day, and July 41h. Keaton's fathers first New Years holiday period of custody shall take place in 2004. o Mother's Day / Father's Day: Keaton's mother shall have custody of the child every year on Mother's Day and Keaton's father shall have custody of the child every year on Fathers Day from 8:00 a_m. until 8:00 p.m. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. Jefliey L Leusbower, MS. PA Cwtftd SdxW Psychologist C®rtlfied Forensic Counselor, PA Licensed Psyd?st Division of Psychology Chid Custady £valuafian Repon 9 Avey v. Wilt • Each parent shall be entitled to have custody of Keaton for two weeks during each summer school vacation upon providing at least 30 days advance notice to the other parent Periods of custody under this provision may be scheduled consecutively or non- consecutively a long as the vacation period of custody does not interfere with the other parent's regular weekend period of custody. • The parent receiving custody shall be responsible to provide transportation for the exchange, with the exception of alternating Thursday evening period of custody for which Mr. Avey shall provide all transportation. • Both parents shall refrain from smoking in the presence of Keaton and shall ensure that third parties having contact with the child comply with this provision during his or her periods of custody. • Neither parent may do or say anything which may estrange Keaton from the other parent, injure the opinion of the child as to the other parent, or hamper the free natural development of Keaton's love and respect for the other parent Both parents shall ensure that third parties having contact with Keaton comply with this provision. • The parties may modify the provisions of this Order by mutual consent In the absence of mutual consent, the terns of this Order shall control. Jerhey L Len0ower, M S. PA CeAifred Sdlool Psynhologrst Certified Forensic Counselor, PA Licensed P4Vhologrst Division of Psyd *W Ch/7d Cuustody Evaluallm Report 10 Avey v. Wilt Results of Evaluation Mental Status Evaluation: All participants in this evaluation process were wen groomed, appropriately attired and displayed no obvious motor or neuromuscular problems. Participants were all oriented to time, place, person, and situation. All participants exhibited normal attention, appropriate mood and cooperative attitude. There were no indications of hallucinations or delusions and none reported- The results of these evaluations are and should be considered valid. Observations and Parent-Child Interactions: Observation of the interaction between Mr. Derrick Avey and his wife, Mrs. Kyline Avey, indicated good communication and interaction between them- They appeared to have a close and supportive relationship and a high degree of agreement on parenting styles and priorities. Observations of the interaction between Keaton and his fattier, Mr. Avey, indicated a warn and trusting relationship. Keaton stayed in close proximity to his father until he felt secure in the best setting. Keaton was spontaneous and natural in his interaction with his fattier. Their communication style and interaction seemed to be very familiar to both, indicating that they spend considerable time together and communicate regularly. Keaton's interactions with Mrs. Avey were also very comfortable- He generally listened to the direction givers him by Mr. and Mrs. Avey_ There was one time he challenged Mr. Avey and argued with him about going swimming- Otherwise Keaton was obedient for Mr. Avey- In Mr. Avey's presence, Keaton appeared to be more secure than when he was away from him; although Keaton still displayed outgoing and friendly social behavior to others during the test period. He did get upset with some of the questioning, and he told the examiner he would not answer any more questions about his parents. His reaction was somewhat emotional but he recovered well and continued to be pleasant as long as those topics were not being addressed. Keaton and Ms. Witt showed very familiar and affectionate interaction. Ms. Will was attentive to Keaton and her interactions were warm and supportive. Mr. Avey was coming to the office to take Keaton with him while Ms. Witt finished the remainder of the evaluation. Keaton was slightly hesitant when he first asked his mother when Mr. Avey would be arriving to take him for the day- Ms. Writ was very attentive and warm when she addressed Keaton's concerns about the evaluation and his father picking him up- He seemed a little surprised by her responses, especially when he pursued the topic of his father coming for custody exchange and she was very supportive of the exchange- Keaton expressed some reluctance to go with his father at the beginning of the evaluation.- However, as he and his mother were being observed while he waited for his father to come, he became increasingly more excited to see his father (Mr. Avey)- Mr. Cook appeared to be supportive of Keaton's relationship with his father (Mr. Avey). When Mr- Cook took Keaton to the waiting room to meet his father, Keaton bounded to Mr. Avey when he saw him. His happiness at seeing his father was apparent Keaton returned to say goodbye to his mother and he was very reassuring that he would be okay with his fattier and Ms. Witt was also reassuring to him that he would be okay with his father. It seemed apparent to Keaton that Ms. Win misses him very much when he is visiting his father. He told her that he would be back several times, very reassuringly, as if there was question as to his return. Keaton's hesitation was marked and indicates that he sees leaving his mother as very sad and hurtful for her. He tries to buffer her sadness. It is very likely that Keaton tells Ms. Witt that he does not want to see his father in an attempt to alleviate her sadness and worry- Ms. Witt takes what he says to heart and feels that he does not want to go with his father. This causes stress between Ms. Witt and Mr. Avey and Keaton which upsets Keaton. This cycle has likely been going on for sometime. Keaton appears to have a very close relationship with Mr. Cook. He is very affectionate and caring with him. JeftyL L.ensbower, MS. PA Certified Sd oor Psydiol i Ced*eu Forensic Couns&W,, PA Licensed Psychorogst Division of Psydwbgy Child Gusto* Evalushon Report Avey v. VM Psychological Tests: 11 MR. DERRICK AVEY. Bender- Gestalt Visual-Motor Performance Test Mr. Avey was given the Bender- Gestalt Visual-Motor Performance Test to determine the existence of any organic neurological dysfunction, which would impair or impede his ability to meet the needs of his chill- The lacks' scoring system was used for analysis. Mr. Avey produced 1 error on this test His score is not significant for organic brain dysfunction. It does indicate some cognitive integration problems as seen in the intelligence and achievement discrepancy scores. A non-verbal learning disability and a need for precise performance is likely reflected by Mr. Avey's performance on this test WechslarAbbrevisrW Scale of 1nte iaettce a Verbal 10 y 116 85 ., N r High Average Performance IQ 87 19 Low Average Full Scale IQ 100 50 Average Mr. Avey was given the Wechsler Abbreviated Scale of Intelligence t0 asses his present level of intelligence and cognitive processes. Mr. Avey produced a Full-Scale IQ of 100, which places him in the Average range and 5& percentile when compared with others his age. This score is not likely an optimal estimate of Mr. Avey's general intelligence because of a 29 point discrepancy between the Verbal and Performance (Non-verbal scores. Mr. Avey's Verbal IQ scone is 116, which is in the High Average range and at the 85 percentile rank compared with others his age. Mr. Avey's more non-verbal or Performance IQ score is 87 and in the Low Average range and 19"' percentile rank. This discrepancy indicates a non-verbal learning disability that likely Led to academic difficulty when Mr. Avey was in school. Mr. Avey appears to have a strong verbal memory and good vocabulary. His language skills appear to be well developed. Mr. Avey appears to learn and express himself best in structured settings and through conventional styles. He does not do as well in novel situations or those which lack structured guidelines for problems solving or functioning. IMde Range Achievement Test- Revised Levef 2 Readi' 84 14 8.9 low Av e Arithmetic 90 25 9.3 Average Mr Avey was given the Wide Range Achievement Test - Revised Level 2 to determine his level of academic achievement and his ability to support his child's efforts in school. On this test Mr. Avey showed an end of eighth grade level of achievement in reading with a standard score of 84 and percentile rank of 14. Reading may be an area of specific learning disablity for Mr. Avey as indicated by the discrepancy between his performance on this subtest and his Level of verbal intelligence. Compared with the lower end of average achievement for his age based peers which is at a ninth grade level, Mr. Avey s end of eighth grade achievement level is not far behind expectation for those completing high school. Therefore, Mr. Avey's reading achievement should not be a detriment to his ability to provide an educationally supportive environment for his son Keaton. Mr. Avey's Arithmetic achievement was in an Average range with a standard score of 90 and a beginning of ninth grade level. His math achievement also should not interfere with his ability to provide help for his son in academic anus. Jethey L Lensboww,, U.S- PA Cerfirred School Psyctrohgist CerYi6ed Forensic Counselor, PA Licensed P4Chalogist Division of Psychobw Chda GLstody Evaluation Report 12 Avey v. Wiq Minnesota Multiphasic Personallty inventory -11 Mr. Derrick Avey completed the Minnesota Multiphasic Personality Inventory-11 on June 21, 2004 to determine the status of his mental health, personality, and coping skills for effective parenting- His responses appear to be reliable and valid for the purposes of this test. His answers produced the following profile: 2 t' VRIN 34 TRIN 50 L 74 F 47 K 66 1 54 2 47 3 57 4 44 5 34 6 57 7 49 a 51 9 47 0 32, Mr. Avey's L and K scores were elevated into the High range, which is within an expected range for a custody evaluation. This elevation indicates that Mr. Avey is trying to present himself in a favorable manner and create a favorable impression on others. Mr. Avey may minimize problems or he may be concerned how he might be perceived by others if he openly expresses himself. Mr. Avey's profile is best interpreted through the three point code type 1-2-3- This indicates Mr. Avey may tend to internalize anxiety and stress that he encounters. He may experience some psychosomatic expression of his anxiety and stress at time such as; headaches, stomachaches, and body aches and pains. Mr. Avey will probably only experience these things under periods of extreme stress. Mr_ Avey is likely to be rigid and conventional and identifies strongly with the traditional masculine role. He may overemphasize his strength and physical ability- His activity and energy levels seem to be within normal levels. Mr. Avey is likely to be shy and appear socially aloof to others- Rorschach InkbW P 9-4 Suicide Potential e ctive rest at Not Si -- gnificant. Perceptual Thinking Index Not Si gnificant Depression Index Not Si onificant Coping Deficit Index Not Sig nificant ff rvi ilance Index Not Sig nificant Obsessive S Index Not S' nif+cant Schap renia Index Not nificant Mr. Avey's test record contains a sufficient number of responses to provide reliable information and to support valid interpretations. His current personality orientation is extratensive- The strategy to interpret Mr. Avey's profile will sequentially analyze the domains of. affect, self- perception, interpersonal perception, emotional controls, information processing, cognitive mediation, and ideation. Jeffrey L L.ersbower, M.S. PA Cedified Sdrml Psyclrologist Certified Forensic Counselor, PA Lbensed Psydabgist Dmision of Psycholoi.}y a I. _ ?.i Cndd Custody Evaluation Report 13 Avey v Vritt Affect This cluster of variables provides information about the manner and comfort with which people process emotional experience, with specific respect to how they deal with feelings arising from within themselves and how they respond to the feelings of others and to emotionally charged situations in general. Mr. Aveys Affect score pattern suggests that he is an expressive type of individual who is more action oriented than he is likely to ponder and plan a solution prior to action. He tends to solve problems by trying out possible solutions rather than pondering alternative courses of action. Although he prefers to rely on an intuitive, trial and error coping style, he is capable of logical reasoning, as well as, following his emotions. At times, when decision making calls for deliberation prior to action, he is sufficiently flexible to set his feelings aside using a logical rather than emotional method. Mr. Avey is capable of recognizing and responding to his own feelings and the feelings of others. He is likely to be consistent in his coping style. Mr. Avey is likely to be seen by others as reasonably predictable and dependable with the decisions he makes and in his actions. At the time of testing, Mr. Avey projected considerable emotional stress that interfered with his ability to experience pleasure and likely led to anxiety and depressed feelings. Resolution of the problems or situations causing his sadness should noticeably reduce his anxiety and improve his mood. Mr. Avey is emotionally mature. He is able to utilize emotions along with logic to temper his decisions. This generally leads to effective decision making even in emotionally charged situations. Self-Perception This cluster of variables provides information about how people view themselves, particularly with respect to their level of self-esteem, the extent of their self-awareness, and the nature of their self-image- Mr. Avey's self-perception appears to be fairly accurate compared with how others likely perceive him. He has an adaptive balance between focusing on himself and paying attention to others. He attends to his needs sufficiently, but not excessively, neither avoiding self-focus nor becoming self-absorbed and ignoring the needs of others. He is aware of how to best meet his own needs, sensitive to the way his behavior affects others, and reasonably open to reconsidering his impression of himself. His capacity for introspection is a personality asset Interpersonal Perception This cluster of variables provides information about how people relate to others, particularly with respect to their attitudes toward other people, the degree of interaction they have with them, and the manner in which they approach and manage interpersonal attachments. Mr. Avey projects the interpersonal ability to form close, intimate, and mutually supportive relationships, although he is likely to do so in more readily in one4o-one relationships as opposed to groups. In groups, Mr. Avey is likely to appear shy or aloof and not be popular in gawp settings. He appears uneasy in group settings, especially when he is not familiar with the other members of the group or the situation. Mr. Avey is likely to demonstrate ineffective social behaviors in larger groups due to his level of social discomfort Mr. Avey is likely to avoid large group gatherings or involvement Capacity for Control & Tolerance for Stress The findings help to identify the extent of adaptive capacity people can muster in planning and implementing ways of dealing with their everyday experiences_ JeftyL Lensboxsr, M.S. PA Certified SMoal Psydwbgist CerWed Forensic Counselor, PA Licensed Psydabgisr Division ofPsycbgbgy Child Custody Evaiuabon Report 14 Avey v Wilt Mr. Avey s capacity for and tolerance of stress was limited when he was tested- He seemed to have fewer inner resources available than most people for emotionally coping with the demands of everyday living at that time. This finding may be due to specific stressors he was dealing with at that time. Although Mr. Avey projected being emotionally spent, he also projected that he was likely to maintain an appearance to others of being able to capably manage the stresses he faced in his life. Through determined effort to keep stressful experiences at a minimum at that time, he was likely to maintain a seemingly stable psychological equilibrium. He was also likely to appear free from overt anxiety, tension, and nervousness. Mr. Avey is likely to have pulled in further emotionally and increased the restrictiveness of his life. Individuals such as Mr. Avey coping with seemingly overwhelming emotional stress, typically led restricted lives in which they limit themselves as much as possible to undemanding activities undertaken in familiar surroundings and in the company of people who know them well and accept them as they are. This may have allowed or allows Mr. Avey to avoid displays of lowered frustration tolerance and periods of poor impulse control where he may act out his frustration. As long as Mr. Avey can reduce the factors leading to the overwhelming stress he experiences and/or his exposure to additional stressful events, he is likely to be satisfied with his life. Information Processing This cluster of variables provides information about the manner in which people focus their attention on events in their lives and how they organize the perceptions that enter into their awareness. Mr. Avey's information processing appears to be open and flexible which constitutes a personality asset He shows an adaptive balance between being able to deal with situations sometimes in a detached manner and other times capable of emotional engagement Mr. Avey is likely to handle many interpersonally challenging situations, diplomatically. Mr. Avey appears to have more difficulty focusing his attention with precision on fine details in information presented to him. This may be most evident in his attention to detail in reading and didactic instruction. Cognitive Mediation This cluster of variables provides information about the manner in which people perceive their environment, particularly with respect to whether they perceive people and events the way most other people do. Cognitive mediation is a measure of how realistically a person perceives their environment, particularly with respect to their perception of people and events the way most others do. Mr. Avey tends to be cautious and precise in forming impressions of people and situations. He tends to be a perfectionist in his standards for his work which lends to the high precision of his production. His demand for precision or correctness may at times stow his decision-making. He demonstrates a generally good ability to form accurate impressions of himself and to interpret the actions and intentions of others without distortion. He is additionally capable of adequately anticipating the consequences of his own actions and recognizing the boundaries of appropriate behavior in various situations. Good reality orientation and sound judgment are indicated. Ideation This cluster of variables provides information about the way people think about the experiences they have and the impressions they form of events in their lives. Mr. Avey's thoughts (ideation) appear to be normal, although he is projecting some intrusion in his thoughts regarding being unable to prevent another from controlling his destiny and future happiness. He is still capable of thinking in a flexible manner, but the intrusive thoughts raise his anxiety, frustration, and worry. Mr. Avey is still capable of accurately analyzing information presented to him to form or change opinions that he holds. Mr. Avey did project wishful thinking when tested which involved the source of his stress coming to his way of thinking and doing the Jeffrey L Lensbower, MS. PA CeRfhed School Psychologist CeAAied Forensic Counselor, PA Licensed Psydrobgist Division of Psycholow Child Custody Evaluation Report 15 Avey v. Wift necessary things to benefit everyone, and relieve the tension in his fife. Mr. Avey tends to model ideals of society rather than any one specific person- This lends somewhat to his wishful thinking at times. MRS. KvuNE AVEY. Minnesota MuMiphasic Personality Inventory - A Mrs. Avey completed the Minnesota Nlulliphasic Personality inventory-it on June 21, 2004 to determine the status of her mental health, personality, and coping skills for effective parenting. Her responses appear to be reliable and valid for the purposes of this test VRIN 42 TRIN 58 L 76 F 45 K 70 1 46 2 48 3 54 4 52 5 45 6 52 7 53 8 52 9 47 0 44 Although elevations on the L and K scales are expected in custody evaluations, Mrs. Avey's scares are elevated somewhat above these levels. This is interpreted as Mrs. Avey attempting to create a favorable impression of herself on this evaluation. Mrs. Avey may see herself as more extroverted and socially comfortable than others would describe her or she may be trying to minimize revealing feelings of social self-consciousness and discomfort in unfamiliar settings or encounters. Regardless, her elevated scores on these scales indicate that the scores on the Clinical and Content scales will be lower than may best represent her mental health, personality, and parenting support. Interpretation of her profile has been adjusted in accordance with these elevations. Mrs. Avey seems to be relatively free from stress, although some defensiveness on the day of testing was indicated. Her clinical profile is Within Normal Limits - 1. This profile indicates Mrs. Aveys tends to be happy, emotionally calm, and generally satisfied with her life. She appears to have good concentration skills and her memory functions are intact She believes her that her judgment is as good now as it has ever been. Mrs_ Avey seems to be generally comfortable with her personality and behavior. Mrs_ Avey's interpersonal relationships tend to be good. She is comfortable in familiar social situations. Mrs. Avey may be somewhat shy, but does enjoy interaction with others- She tends to hold back and observe others prior to responding in novel or unfamiliar settings. Her behavior may be seen by others as being aloof. However, she is most likely cautious until she feels comfortable with the situation or others encountered. S611, any lack of social confidence experienced seems to be overridden by her desire to be around others. Mrs. Aveys activity and motivation levels are within normal limits. Mrs. Avey is verbally fluent and achievement oriented. She feels capable of coping with everyday problems. She generally compares herself favorably with other people and views life as interesting and worthwhile. Mrs. Avey has a strong need for attention and affection. She is optimistic and trusting in relationships, AftyL LensLawer. M.S. PA Certified school Psychologist Certified Forensic Counselor, PA Licensed Psychologist Division ofPsyrhobW Child Custody Evaluation Report Awy Y. Wilt 16 but rnay be reluctant to express feelings honestly and openly for fear of alienating others. She tries to avoid unpleasant confrontations whenever possible. Mrs. Avey is not overly influenced by the values of others. She seems to feel most secure with predictability and routine in her life. She sees her family as loving, supportive, understanding, and fostering of independence. Ms. ACAMiE WILT, Bender- Gestalt Visual-Motor Performance Test The Bender- Gestalt Visual-Motor Performance Test was given to Ms. Witt to rule out the possibility of organic neurological dysfunction that may affect her ability to parent Ms. Wilt produced 3 errors on this evaluation (collision tendency, simplification, and rotation). Her performance does not indicate any significant organic neurological dysfunction. She does have a higher level of difficulty with visual-motor integration than 87 percent of others her age. This may manifest as difficulty organizing information efficiently and with attention to detail when making plans. Ms. Witt tends to be more global and general in planning. Wechsler Abbreviated Scale oflntef bimce l^?'4. F..-.'3C? Verbal 1Q -"Y 1'3t?t'i `?l???4? S ?' 5:?.?..x'?i'.?T?S..b.x il? 86 t!".2" ?V???a+e 18 ? 3 elk Low Av e Performance IQ 125 95 Su rior Full Scale IQ 103 50 Ave e The Wechsler Abbreviated Scale of intelligence was given to Ms. Will on January 21, 2005. Ms. Wilfs Full-scale IQ score is in an Average range compared with other individuals her age. However, there is a significant discrepancy between the Verbal IQ score and the Performance IQ score in favor of the Performance Score. This reduces the chances that the Full-scale IQ represents Ms. Wilt's general intelligence. The Performance IQ score is likely to be a more accurate estimate of her intelligence compared with others her age. The size of the discrepancy between these scores occurs in less than 1 percent of an age based group. Ms. Wilt is likely to learn best through demonstration and/or hands-on experience as opposed to verbal lecture or instruction. Her scholastic aptitude is in a low average range and indicates that Ms. Wilt's school achievement was not as high as her actual intelligence. Ms. Wilt may have a specific learning disability or may have just been an underachiever when she was in school.. Wide Range Achievement Test- Revised Level 2 Reading 80 9 rl 8.9 Low Average .TT Arithmetic 80 9 7.3 Law Average The Wide Range Achievement Test- Revised Level 2 measures Ms. Wilt's level of academic achievement Ms. Wilt's scholastic achievement is in a Low Average range for her age. Her Reading ability is at an end of 81° grade level (8.9). His Mathematics achievement is also in a Low Average range and a 7.3 grade equivalent Her achievement is in-line with her assessed Verbal IQ and/or scholastic aptitude. Her achievement is significantly lower than expected based on her assessed intelligence. This may indicate a specific learning disability or underachievement when she was in school. Ms. Wilt's achievement and intelligence scores are high enough that she should be able to meet her son's needs academically either directly through her help or indirectly by enlisting the help of others. Minnesota Muftiphasic Personality Inventory - It Ms. Witt completed the Minnesota Mu/tiphasic Personality inventory -11 on January 21, 2005 to determine the status of her mental health, personality, and coping skills for effective parenting. Her responses appear to be reliable and valid for the purposes of this test Jefliey L Lensbmer, M.S. PA Certified School Psydrologist Certified Forensic Counselor, PA licensed P4didogist Division ofPsychQhgy Child Custody Evaluation Report Avey v. Wilt VRIN 46 TRIN _ 50 L 76 F 41 K 43 1 46 2 51 3 56 4 47 5 50 6 67 7 35 a 33 9 41 0 49 17 Ms. Witt produced responses to the MMPI -11, which were defensive and likely an unsophisticated attempt to make herself look better adjusted and emotionally more healthy than she may actually be. This may dampen some of her scores to levels below those which would reflect the frequency and intensity of her actual behavior. Although this alters her test scores, it does not invalidate the results of this evaluation for the purposes of this custody evaluation. Ms. Wilt produced a Spike 6{3) profile on the Clinical scales. This profile suggests that Ms. Wilt is ego-centric, controlling, and defensive. She is suspicious and excessively sensitive to the comments of others. She feels mistreated and alienated by others. Ms. Wilt is oriented to power, extremely avoidant of criticism, and can be ruthless in her efforts to control her environment and those around her. She is inwardly mistrustful, and seeks to control others through allure, manipulation of information ("keep them guessing°), and power. Ms. Wilt is suspicious of the intent of others and this can dead to hostility at times. She expels the approval of others based on her intelligence, talent, status, or combination of these. She can often be intolerant of others' behavior, unforgiving of their mistakes, and righteous in her justification of her behavior. Her actions tend to stimulate mistrust, dislike, and resentment in others. Ms. Will will rigidly deny mistrusting others oracting in defensive and hostile ways. Marital and family conflicts are likely, as well as,-conflict with co-workers, especially subordinates. Ms. Wilt's MAC-R score is in a normal range and does not indicate propensity toward developing addiction problems, such as alcohol, drug abuse, or gambling: Ms- Wilt's O-H scale suggests she may be described as exhibiting excessive control of her hostile impulses, but also as exhibiting periodic angry outbursts. She is socially alienated and is reluctant to admit any form of a psychological symptom. She is seen as rigid and not displaying anxiety overtly. Her Repression (R) score indicates she tries to control her feelings and may be unwilling to discuss her problems. She lacks insight into her own behavior. She is likely to have limited personal resources for coping with her problems and stresses. She has a poor self-concept and will likely show a poor response to psychological treatment Ms. Witt does have positive perceptions of her family and home. She sees her family as loving, supportive, understanding, and fostering of independence. She denies social anxiety and dependency needs. She defends her opinions vigorously. She is not concerned about loss of control over her impulses and emotions. She does not report any depression or worry. She reports her life as being interesting and she seems to have the energy to cope with everyday problems. Jeffrey L Lensbower, M S. PA Ce&&d Schoof Psychobgisf Cedr&d Forensic Counselor, PA Licensed Psychologist Division of Psydwfoogy Child Custody Evaluation Report Awy- v. " Rorschach Inkblot Proiecfive Test of Personality 18 Suicide Potential Insignificant Perceptual Thinking Index Insignificant De ression Index Insignificant Co in Deficit Index Significant H ervi ilance Index Insignificant Obsessive S le Index Insignificant Schizophrenia Index Insignificant Ms. Wilt gives evidence of marked oppositional tendencies that are likely to be associated with underlying feelings of anger and resentment toward other people. She tends to be pessimistic in her view of others and in life in general. Ms. Wilt's opposition may manifest positively in self- determination and independence. However, Ms. Wilt's apparently chronic state of irritation and aversion to authority are likely to foster social and emotional adjustment dificultes. In particular, the anger she harbors may often undermine the soundness of herjudgment and the harmony of her relationships with others, especially in situations that call for tolerance and forbearance. The likelihood that her anger will at times be manifest directly in her behavior is increased by indications elsewhere in the data that she has limited frustration tolerance and difficulties with impulse control. Self-Perception This cluster of variables provides information about how people view themselves, particularly with respect to their level of self-esteem, the extent of their self-awareness, and the nature of their self-image- Ms. Witt often attempts to deal with concerns about her self-value in an overly intellectualized manner that may distort reality. Individuals who intellectualize in this way often have difficulty exercising adequate control over their own thoughts and are vulnerable to developing inaccurate self-perceptions. Interpersonal Perception This cluster of variables provides information about how people relate to others, particularly with respect to their attitudes toward other people, the degree of interaction they have with them, and the manner in which they approach and manage interpersonal attachments. Ms. Wilt gives evidence of the capacity to establish close, intimate, and mutually supportive relationships with other people. However, she appears to have limited ability to manage interpersonal relationships in a comfortable and rewarding manner. She may conduct herself appropriately in social situations making an initially favorable impression on other people. Nevertheless, as a consequence of inadequate social skills that may not be readily apparent, she tends to opt for superficial and transient relationships with others. She tends to back away from many close relationships out of concern that more demands will be made of her than she believes she can handle. In addition, limited social experience may make her subject to embarrassment and failure in social situations. Ms. Wilt may also be ignored or rejected by others who see her as a distant, guarded, and ineffective person because of her tendency to hold back emotionally in relationships. Ms. Wilt appears to be less capable than most people of dealing effectively with everyday experience, especially with respect to social situations. She is not likely to engage in cooperative relationships with others, but instead will attempt to control the relationships in which she is involved. Her limited social skills are likely to be contributing to awkward, inept, or inappropriate management of interpersonal relationships. JelheyL Lensboxcr M.S.. PA Certified School Psychologist Certified Forensic Counsebr, PA licensed Psyrhdogist Division of psyctolajy Child Custody Evaluation Report 19 Avey v. Wilt Information Processing This cluster of variables provides information about the manner in which people focus their attention on events in their lives and how they organize the perceptions that enter into their awareness. Generally speaking, Ms. Wilt displays an adaptive capacity to think logically and coherently. She is as capable as most people of coming to reasonable and comprehensible conclusions from information (data) she encounters. Despite this ability, Ms. Witt may typically feel that she lacks sufficient information to make decisions that need to be made; as a consequence she is hesitant in making decisions, uncertain about whatever decisions she does make, and easily persuaded to defer and delay decisions, rather than come to closure, in her opinions and conclusions. Affect This cluster of variables provides information about the manner and comfort with which people process emotional experience, with specific respect to how they deal with feelings arising from within themselves and how they respond to the feelings of others and to emotionally charged situations in general. Ms. Wilt shows a potentially maladaptive style of experiencing and expressing emotion in which she exerts more stringent control over her feelings than most people. Consequently, she is likely to be an emotionally reserved individual who has difficulty relaxing, being spontaneous, showing her feelings, and relating to others on a casual and informal basis.. Ideation This cluster of variables provides information about the way people think about the experiences they have and the impressions they form of events in their lives. In forming impressions of what events signify, she tends to be somewhat more cautious and precise than most people. She is somewhat of a perfectionist in this respect. More often than expected Ms. Will focuses her attention on unusual aspects of a situation or information presented- This is likely to complicate and slow her ability to make decisions. Ms_ Witt demonstrates a generally good ability to form accurate impressions of herself and to interpret the actions and intentions of others without distortion. She is capable of adequately anticipating the consequences of her own actions and of recognizing the boundaries of appropriate behavior in various situations. Jeffrey L L.ensbower, M.S. PA CediW Sdoof Psychologist Certified Forensic Counselor, PA Licensed Psychologist Division of Psychology Child Custody Evaluation Report Avey v. Wilt MrL CHAD COOK. Minnesota MuMphasic Personality inventory - Il Mr. Chad Cook completed the Minnesota Mulfiphasic Personality Inventory - tl on January 21, 2005 as part of the Avey v. Witt custody evaluation. His responses appear to be reliable and valid for the purposes of this test VRIN IMMM 32 TRIN 57 L 52 F 42 K 51 1 34 2 36 3 47 4 56 5 42 6 49 7 43 8 40 9 62 0 36 Mr. Cook responded frankly and openly to the items and is willing to admit minor faults. He appears to be relatively free from stress. Mr. Cook appears to exhibit an appropriate balance between self-disclosure and self-protection. He is sufficiently psychologically adjusted with adequate personal resources to deal with problems. 20 Mr. Cook's Clinical scales profile is Within Normal Limits for his age and sex. He does not report physical symptoms or problems. He is often seen as optimistic, sensitive, and insightful (HS = 34). Mr. Cook appears to be cheerful and self-confident He identifies strongly with the traditional masculine role. He may overemphasize his strength and physical ability. Mr. Cook is emotionally stable, free of emotional turmoil, secure, and comfortable with himself. He is usually independent and he may value power and status. He is conventional, realistic, and uninterested in philosophical issues. He tends to be compliant, responsible, and practical. He is pleasant, outgoing, and energetic. However, external restrictions on his activity may possibly result in agitation and dissatisfaction. Mr. Cook has a strong need to be around other people. He may be seen by others as impulsive, immature, opportunistic, and manipulative. He may have difficulty forming meaningful, intimate relationships. His MAC-R score of 79 is high indicating he is likely to abuse alcohol and other substances. His high score may reflect his previous problems with alcohol and not represent alcohol or substance abuse problems at present His Addiction Admission scale and the Addiction Potential scale scores were elevated further indicating that addiction could be a problem for Mr Cook. Once more this may reflect his past alcohol abuse and not a present problem. However with all three scores elevated, alcohol abuse, and or addiction potential exists. The Supplementary scales Dominance score of 41 indicates Mr. Cook is unassertive most of the time. He prefers to have others take responsibility for his life. He lacks persistence and tends to give up easily. The Content scales Anger score is 63 and indicates Mr. Cook may have a low frustration tolerance. He admitted having hostile and aggressive impulses at times. He has a tendency to seek excitement and take risks. He may be exhibitionistic and impulsive. JefrieyL Lensbower, MS. PA CerhGed School Psyawb9ist Certified Forensic Counselor, PA L " m+Psydradogist Division ofpsydwkw Child Custody Evaluation Repon 21 Avey v. Wift Mr- Cook views interpersonal relationships as rewarding and he perceives his family in positive ways. The Psy-5 scale of Disconstraint is elevated and indicates risk taking and impulsive behavior. He is likely to prefer intimate or romantic partners who also like to take risks and tend to be impulsive. Mr, Cook is likely to become bored quickly. Elevations of the Disconstraint scale score are often associated with a history of arrest for drug & alcohol abuse. The Introversion I Low Positive Emotionality scale score of 35 indicates he may have evidence hypomanlo features. KFATON WILT: Child History 4uesdonnaire The Child History Questionnaire was completed by both Keaton's mother, Ms. Acamie Wilt, and his father, Mr. Derrick Avey. Mr. Avey completed this questionnaire June 21, 2004. Mr. Avey did not know if there were any problems with Keaton's birth or post-natal development, as he was not aware that Keaton was his son for most of the first year of Keaton's life. According to Mr. Avey, Keaton's mother reported her paramour as Keaton's father. Mr. Avey reported being aware that Keaton had a speech impediment and orthopedic problems early in life. Mr. Avey has recently had the orthopedic problems treated by an orthopedic specialist He is being seen at the Johns-Hopkins Hospital for his speech problems, as well as a brain tumor, which was detected in the past year. He is scheduled to have surgery in the near future to remove or reduce the impact of this tumor, as it appears to be causing vision and/or perceptual-motor integration problems for him. Mr. Avey reports that Keaton sometimes acts shy in new situations. He does well playing and interacting with his brother and stepsister. He also gets along well with other children at church- Keaton is interested in sports, video games, riding bikes, and swimming. When Keaton requires discipline for misbehavior, Mr. Avey employs "timeour, and taking away such items as favorite toys for a little while until Keaton's behavior comes in line. Overall, Keaton is reported to not be a behavior problem when he is in Mr- Avey's care. Ms_ Wilt completed this questionnaire January 21, 2005. Ms. Witt reports Keaton was bom April 30, 2000. She indicates he was delivered one month prematurely; however, no other complications were experienced. She reports Keaton's developmental history as within expected limits indicating no delays development or reaching major motor milestones. She reports Keaton has a tumor, which causes irregularities in his vision. Ms. Wilt reports Keaton does not have a history of problems with ear infections. He does experience some speech difficulty, particularly with the letter "L,' but she indicates this problem is improving. Ms_ Witt reports Keaton has a brain tumor and is due to have surgery in February, 2005_ Keaton is not currently prescribed any medications to be taken on a regular basis. Ms. Wilt reports new situations or people cause Keaton to act shy as he is scared they may take him away from his "Mommy." She indicates Keaton gets along with his siblings very well and he interacts well with friends. She reports Keaton only exhibits behavior problems when returning to her custody from his father's custody. When Keaton's behavior require; Ms. Witt to discipline him, she reports she employs time-outs- Ms- Wilt reports Mr. Avey, Keaton's father, was not involved with Keaton until Keaton was around two years of age. She says that since Keaton has been going to his fathers home on the weekends, his attitude regarding his father, Mr. Avey, has declined, and Keaton says hateful things about Mr. Avey and ads hateful toward his father. Ms. Witt relates Mr. Chad Cook has been a part of Keaton's life since his birth and Keaton considers Mr. Cook to be his "Daddy." She reports Mr- Avey forces Keaton to call him "Daddy,' which particularly aggravates Keaton. She believes Keaton feets at home while in her custody and she states Keaton hates when Mr- Avey exercises his custody of him. According to Ms. Wilt, except for one time, Mr. Avey did not call or visit Keaton for two years after Keaton was bom. She also indicates Mr. Avey does not call to Jeffrey L Lensboww,, M S- PA Certified Schoof Psyctwbgist Certified Forensic Counselor, PA Licensed Psyohobgist Division of Psydrolody Chile! Custody Evaluation Report Avey v. Wilt 22 talk to Keaton or stop to see Keaton on days that Ms. Wilt has court ordered custody of Keaton. Home Situations Questionnaire Mr_ Avey completed this checklist with the help of his wife regarding Keaton's compliance to rules and his behavior at home. Mr. Avey indicates Keaton has Mild to Moderate issues of non- compliance with requests and rules while in Mr. Avey s custody during time periods when he is playing alone and with other children, getting dressed, washing and bathing, visitors are in the home, and when Mr. Avey is on the telephone. Keaton appears to function better with increased structure and attention and less well in times when greater independence is expected. Ms. Wilt completed this checklist regarding Keaton's compliance to rules and his behavior while in her custody at her home. Ms. Wilt indicates Keaton has Mild to Moderate issues of noncompliance while playing with other children and at mealtimes. Keaton appears to function better with increased attention from his mother when others are present Children's i4q cal Development Scale Keaton's father, Mr. Derrick Avey, completed this checklist with the help of his wife regarding Keaton's physical, mental, and social development observed by them when he is in their care. Keaton's overall rating falls into a Mild level of atypicality in development for children. Significant atypical behaviors are reported for Keaton as: having strong attachments to inanimate objects, being excessively preoccupied with violence, and overreacting to pain (bumps his leg and cries excessively). Mr. Avey reports Keaton exhibits the following behaviors at a higher frequency than expected for children his age: "missing the point" in conversations, having obsessive interests in narrow or atypical topics, engaging in repetitive or stereotypic behavior, having extreme reactions to minor inconveniences or irritations, having difficulty in dealing with change in daily schedules and routines, misjudging other people's reactions or feelings, not making eye contact with others when talking, displaying quick mood changes without out apparent reason, laughing and/or crying for little apparent reason, becoming angry for I"rltte apparent reason, hoarding worthless objects that have no apparent value, speaking in an excessively bud voice, hitting and biting himself, repeating certain acts over and over, tearing at his hair and skin, and not responding to the social initiations of other children. Some of these behaviors may be associated with Keaton's medical problems both directly and indirectly. His speech impediment may be related to his brain tumor or may reflect other developmental delays, which involve refined integration of thought and movement such as tasks involving manual dexterity. Some of Keaton's behaviors may also be related to safety and security issues, which could be related to living in an emotionally harsh environment, as Mr. Avey believes Keaton experiences at his mother's home, or possibly from his hospital visits to correct the physical problems that Keaton has encountered in his life. Keaton's experiences so far in life do not sound typical, so an elevated score on this test may not indicate pervasive developmental problems, as much as, reflect the atypicality of Keaton's file so tar. Keaton's mother, Ms. Acamie Witt, completed this checklist regarding Keaton's physical, mental, and social development observed by her when he is in her care. Ms. Witt reports Keaton sometimes misses the point or main idea in conversation and sometimes rambles when speaking, or one idea is not connected to the next She indicates he sometimes makes irrelevant comments and bizarre statements. According to his mother, Keaton sometimes confuses the sequence in which events occurred when describing them and sometimes confuses the causes of events or fails to understand how events cause other events. Ms. Will believes Keaton sometimes displays extreme reactions to minor inconveniences or irritations. She indicates he makes poor eye contact with others and sometimes fails to responds to the initiations of other children. Ms. Wilt believes Keaton is somewhat overly suspicious of others. Keaton is described by Ms. Wilt as very often having difficulties dealing with change in his daily schedule or routines. She also indicates Keaton reveals overly personal detail to acquaintances or strangers far too often. JefreyL Lensbower, U. S- PA Certified Sdml Psydroloyfst Certified raensk Counselor, PA Licensed Psydw#Wst Division of P4ThoMgy Chdd Casiody Evaluation Report 23 Avey v Wilt Clinical Interview Keaton's mental status was evaluated through his reactions, behavior, interaction, and appearance throughout the evaluation. Keaton was appropriately groomed and attired for the purposes of the evaluation. His height and weight appeared to be within normal limits of expectation for his age. When walking, Keaton seemed to "toe in" which was confirmed as being a problem by Mr. and Mrs. Avey. Keaton was physically restless, and he appeared to be easily distracted. His interaction with the examiner was good for the purposes of the evaluation except, when questions were directed to him about his parents. He finally refused to answer any more questions or talk about his parents and his relationships with them again. His reaction was most severe when the questions focused on specific aspects of his home life with his mother- He finally raised his voice and said "no repeatedly when asked something in regard to his typical interaction with his mother. Before he stopped talking he did relate that he cannot call Mr_ Avey "Daddy" because his mom says Mr. Avey is not his "Daddy.' He said he, "likes to go to Daddy s; (indicated Mr. Avey), but then he refused to say any more about his parents. He would engage in talk about other topics freely, but not about his parents. Keaton has a significant speech impediment which makes him hard to understand at times. He seems to become frustrated when he believes others do not understand him due to this difficulty- Generally, Keaton was cooperative with the evaluation except when questioning involved his relationships or Irfe with his parents and especially his mother. This is not a typical reaction in a child his age and he appears overly defensive. There are multiple reasons this could occur, but generally defensiveness of this type is associated with a family mentality or atmosphere where Keaton may not be allowed or may not be actively encouraged to talk about the family to others. This may be to ensure some privacy within the family and/or to hide information about events which occur within the family that may be viewed negatively by others. Keaton seemed to be confused by his mother's alleged demand that he not call Mr. Avey "Daddy". He became even more disturbed when he was asked about the reports of him becoming physically ill when he had to return to his mothers care. There was an observed escalation in fear and distress when these topics were raised and once more, Keaton refused to answer all but the most minimum questions in this regard. lac Withdrawn nenaacn WNta twnevrar a.neuiu 73 mt Clinical somatic Corn taints 56 -Average Anxiod . ressed 77 Clinical Social Problems 64 Sub-Clinical Thought Problems 64 Sub-Clinical Attention Problems 60 High Average Delinquent Behavior 54 Average Aggressive Behavior 50 Average Internalized Behavior 74 Average Externalized Behavior 50 Average Total Malada a Behavior 66 Clinical Keaton's father, Mr. Avey, completed this checklist on June 21, 2004 indicating levels of maladaptive behaviors Keaton displays while in Mr. Avey s custody and care. Keaton is reported to display a significant level and degree of maladaptive behaviors- His primary behavior problems involve anxious, depressed, and withdrawn behaviors. Specific behaviors reported include: fear of doing bad things, perfectionism, clinging dependently to others, rapidly changing moods, jealousy, and demanding attention. Keaton is reported as saying he feels unloved by others. He is self-conscious and tends to worry. Keaton reports being lonely and sad JeffreyL Lensbower, Ms. PA CerVed Sdrool Psydrob9ist CerbSed Forensic Counselor, PA Licensed Psydwloyisr Division Of PsydXlOW Child Castody Evaluation Repot Avey v. 42 24 to his father and sometimes he cries. He also bites his nails, chews his fingers, rips at his hair, and often acts apprehensive. Keaton's emotional reactions are primarily, internalized responses, which manifest through crying, hair tearing, vomiting, and distressed begging that he not be returned to his mother's home when custody periods with his father are over. Keaton's father also has witnessed some externalized reactions such as Keaton; swearing and using obscene language, trying to steal from a store on two occasions, one incident of physically attacking others, and aggressive talk and play. x l7omarn_ Withdrawn .?roM 54 revel? 0-4°INNER, Average Somatie Corn lafnts 67 Clinical AnxioMtlDepressed 52 Average Social Problems 52 Average Thought Problems 50 Average Attention Problems 50 Average Delid uent Behavior 54 Average A restive Behavior 50 Average IntemalLmd Behavior 57 Average Extemal'¢ed Behavior 47 Average Total Malada a Behavior 49 Average Keaton's mother, Ms_ Wilt completed this checklist on January 21, 2005 indicating levels of maladaptive behaviors Keaton displays while in Ms. Wilt's custody and care. Keaton is reported by his mother to display clinical levels of maladaptive behaviors in the form of somatic complaints. However, this report may not be an accurate representation of Keaton's behaviors. Somatic complaints are physical problems that do not have a known medical cause- In this case, somatic complaints are related to stress. Ms. Witt reports Keaton is nauseated sometimes and feels sick. However, she indicates Keaton experiences significant problems with his eyes and vision. She notes that these problems may be caused by his tumor, which she reports is supported by Keaton's physician. Given that information, Keaton's vision problems would no longer be without a known medical cause, and therefore would not be considered somatic complaints. Considering Ms. Wit's indication of Keaton experiencing some nausea as the single somatic complaint would lower Keaton's Somatic Complaints T-Score as well as his IntemaRzed T-Score. Ms. Wilt's reporting Keaton's vision problems as somatic complaints is consistent with her Hypervigilance regarding Keaton's health. However, Ms. Wilts concern is not without merit given her son's and daughter's medical difficulties. Developmerrtal Test of Ysuawotor Integration Keaton was given the VMI to assess his perceptual-motor development and to screen his general neurological functioning. Keaton produced a standard score of 81, which places him in the Low Average to Borderline Deficient range for visual-perceptual or visual-motor integration development compared with others his age. His performance places him at the 10th percentile with visual-motor development equal to or greater than only 10 percent of others his age. Compared with his intelligence, Keaton's visual-motor integration is significantly lower than expected. Keaton may have difficulty expressing or demonstrating his intelligence to others on tasks requiring manual manipulation of objects or perceptual planning and organization. Keaton is reported to have vision problems related to a brain tumor. His performance on this test may well reflect the impact a tumor has on his cognitive performance and perception. Siosson Intelligence Test for Children & Adults Keaton was given the Slosson Intelligence Test (S17) for Childfen & Adults to determine his level of intelligence and cognitive development Results of this evaluation indicate Keaton is functioning in a very superior range of intelligence with a standard score of 140 compared with Jet&ey L Lensboww,, M.S. PA Certified Schoor Psyr hotogist Cer ified Forensic Counselor, PA Licensed Psydrorogist Division of Psychology Child Custody Evaluation Repot Avey v. lilt 25 other children his age. Keaton attained a 7 year, 8 month age equivalent as an upper limit of his intellectual functioning, His overall mental age is approximately 5 years, 10 months compared to his chronological age of 4 years, 2 months- Kinetic Family Drawing Keaton was asked to draw a picture of his family involved in some activity to help determine the primary social and emotional associations in his environment. Because of his poor visual-motor integration or pencil and paper skills, his picture was hard to interpret without much input from Keaton. Keaton drew a picture who's primary characters were he and his father "Daddy". They both occupied different scenes and spaces within his drawing. His father was washing dishes in two scenes and playing with Keaton in one scene. Keaton identified other objects in his picture as being his Grandma and Pappy, his mother, and other children which seemed to include his half and step siblings. The object he identified as 'mommy" was distanced from Keaton on the page by the other children and Grandma and Pappy. In fact his mother was distanced from all the others identified on the page except for an object on the far side of "mommy" identified as `Dad is a monster'. Looking at the distance between the individual characters and the shading of the picture suggests that Keaton has a life that he divides across two families or homes - one with his father and another one with his mother. His Grandma and Pappy are identified midway between his fathers and mothers positions on the drawing, although they are on the fathers side of a larger and more noticeable divide. Keaton's only involvement with anyone in the drawing was with his father. Keaton placed himself far away for any other person identified in the picture. His labeling of `Dad is a monster' behind his mother is interesting. When questioned what this meant Keaton restated that that object on the page was 'Dad as a monster. When pressed for further details regarding this aspect of the picture as well as for more details regarding his life with his mother, he said that the examiner was making him angry and that he did not want to answer any more questions about his mother or the picture. Children's Apperception Test Keaton was given the Children's Apperception Test to help determine his; level of emotional growth, development of accurate cognitive perceptions and percepts, and his development of effective emotional and social coping skills. Keaton projects meeting basic physiological drives and needs (hunger, sleep, thirst, nurturing touch, removal of pain) are on-going issues in his life beyond immediate solution. Keaton projects having physiological needs met is somewhat of a surprise and is projected at these times by what appears to be a source outside of Keaton's primary residence or primary residential experience. Keaton's maternal identification as a source of nurturance was not strongly associated by Keaton to the stimuli presented that typically evokes this response in children. Instead, perceptions of nurturance were almost always associated with mates. When a nurturing perception began with a female association, Keaton switched to male association before he was finished with his projection from the stimulus card presented to him. This does not seem typical of children his age, especially in cases where hospitalizations and medical procedures often inflict pain and discomfort, as well as, frequently separate children from their parents in unfamiliar surroundings. Keaton's mother was with him during some of these medical procedures where the need for nurturing was high and the nurturing he received from his mother may have had a stronger impact for associating the source of nurturance with the ensuing comfort or alleviation of stress. There should be a strong association between his mother and feelings of comfort; however, Keaton does not exhibit this association- His response is not abnormal, though, as his mother will also be associated with the discomfort of the medical procedures because she is the one who takes him. JefreyL Lensbower, M.S. PA Certified SGnool Psychologist CerWed Forensic Counselor, PA Licensed Psydr Division of PsyrJk'd0W Child Curstody Evaluation Report Avey v. WN 26 Keaton's projections indicate he is not feeling a strong sense of family or family support Keaton did not identify typical family connectedness in scenes which typically evoke these responses from children. Keaton's only identification of family involved adversarial relations in which nobody seemed to win, but all those involved in these interactions were equally hurt He did project an adversarial posture between a mother and a father regarding their child. The mother seemed to be dominant in the child's life either through primary residenceftime or through their reluctance to let go of the child regardless of the level of adversity. Keaton's projects not feeling safe or being apprehensive much of the time. Keaton projects feeling vulnerable to the desires and behavior of adults or those who are much more physically powerful than what he sees himself. Keaton does not project any escape from the danger he feels and he projects not being able to survive. This may represent the projected fear which Keaton feels over his medical concerns, especially the tumor in his brain and the possible surgery he may face. This may also be a projection regarding the safety he feels in his home environment; if the environment is as emotionally harsh as what Mr. Avey describes- Keaton projected no associations for warmth, safety, and security except for one where his father (Daddy) was waking him in the morning. Keaton projected a warmth and security not seen in his other projections. Although, Keaton did project a warm association with this picture, his identification of the action taking place within the picture was atypical. Keaton appeared to carry over an association from the previous stimulus which often elicits a response regarding sleep and security. Keaton rejected this card as he was unable or unwilling to give an adequate response to this stimulus. Keaton's reaction appeared to dissociate emotion from experience when he looked at this stimulus. Keaton's follow-up response may reflect resolution of the discomfort that the previous response evoked. In other words, if going to bed at night is scary or not pleasant, being awakened by his father (Daddy) in the morning seems to be comforting. In the projection 'Daddy' was not clearly identified. However, after the test was completed and Keaton was questioned about the identity of 'Daddy" he indicated that person to be Mr. Avey. Finally, Keaton's feelings involving the need for love and security appear to be conflicted with concerns regarding trust and safety- Jeffrey L Lensbower, M.S. PA CBrhTeed Schoof Psychoto9ist CerGked Forerctic Counselor, PA LconsedPsycholoiW Division of Psyct!o14W add Custody Evaluation Report Avey v. Witt 27 Conclusions Ms. Acamie Witt did not schedule or submit for psychological evaluation as part of this custody evaluation for her son Keaton until January, 2005. She did make contact with the evaluator's office on July 6, 2004, and July 15, 2004- Ms. Wilt said she was going to try to schedule on July 19, 2004. There were some telephone calls exchanged to try to schedule after these initial calls, but eventually Ms. Wilt's communications with the evaluator ended. No further communications occurred between Ms. Wilt and the evaluator with no explanation as to why or any noted effort to schedule or return calls to the office until after an apparent Conciliation, during which Mr. Avey presented the results of his psychological evaluation. Ms. Wit, having not scheduled, was unable to provide the results of a psychological evaluation and was again ordered to participate in the evaluation. Mr. Brian Bomman, Esquire, attorney for Ms. Wilt, contacted the evaluator to make arrangements for Ms. Wilt to participate in the psychological evaluation. What can be reported is that Ms. Witt's sic-month-delay to schedule this evaluation without effective communication with the court, the evaluator, andlor Mr. Avey may support Mr. Avey's claim that Ms. Wilt has a history of acrimonious and contemptuous behavior toward him and also the orders of the court. Repeated contempt and neglect of court orders seems to be correlated with acrimonious orientation and behavior (Ackerman, 2002). Results of this evaluation show. Mr. Avey's cognitive and psychological profiles were within acceptable levels to adequately parent a child. Mr. Avey needs to develop more effective communication skills to work with Ms. Wilt on issues regarding his son, Keaton. At this point his concerns, apprehensions, and anxieties regarding his son's care are elevated due to the conflicts between him and Keaton 's mother, Ms. Wilt His elevated anxiety is related to the anxiety he senses in Keaton before and after custody exchanges. His apprehension is also related to his feeling'shutout of the major decisions regarding his son's medical care. His anxiety is now extending beyond just medical concerns and to all aspects of Ms. Wilt's care of their son. Mr. Avey has gotten to the point where he does not trust Ms. Witt with making the decisions in Keaton's life, in part because he does not understand why she acts as she does. His lack of understanding regarding Ms. Wilts behavior maintains andtor increases the tension between Mr. Avey and Ms. Writ This cycle continues regardless of the efforts he has made to diminish the anxiety and tension with Ms. Wilt Mrs. Kyline Avey has the psychological stability to be an asset to Mr. Avey in his care of Keaton and an asset personally to Keaton. Her relationships with Mr. Avey and the other children in the family are positive models of good psychological and social functioning for Keaton. Ms Acamie Witt produced an essentially normal psychological profile, except for heightened anxiety and concem regarding separation from her children and heightened concern over their medical and general well-being. Her concerns and related anxieties appear to be the emotional and psychological artifacts of having two children who have extreme developmental and medical conditions. Ms. Witt has experienced much fear regarding the medical condition of her two oldest children from very early in their lives. The sadness and fear accompanying her daughter's condition, hospitalizations, and future, coupled with the alleged physical abuse to her and her daughter by her first paramour created acute traumatic stress. The experience alone of being helpless to stop her paramour from suffocating her child by squeezing and necessitating cardio- pulmonary resuscitation for revival of the child is a horrifically traumatizing event The trauma associated with premature delivery and extended hospitalization of her first child in an out of the area hospital coupled with the abusive circumstances under which she lived at that time are other excessively stressful and traumatic experiences that heightened Ms_ Wilts propensity to traumatic stress reaction. Reactions to traumatic stress were very likely present when Mr. Avey first met Ms. Wilt and when she gave birth to Keaton. Keaton's medical problems necessitating hospital stays have also been traumatic and added to the previous trauma experienced by Ms. Wilt Ms. Wilt manifests the stress from these traumatic incidents as: physiological reactivity with exposure to both extemal and mlemal cues that symbolize of mseftfe an aspect of Lyle #alllwto PAC.arbfiiasoyoW ps) ? ?elymyt- LOZ00WbfS Dmgtiy pfp PR LxrnsmlPsyo'p,(?gysy Chill Custody Evaluation Report Avey v. Will 28 event, tendency toward impulsive behavior with a lack of foresight possibly caused by sense of foreshortened future, efforts to avoid places associated with the traumatic experience (hospital, doctors), efforts to avoid people associated with traumatic experience (father's of children with severe medical problems to which she has given birth, after being beaten and blamed and rejected by her first paramour for her daughter's problems), recurrent distressing thoughts and dreams and intrusive recollections of the stressful events, hypervigilance, and irritability and anger outbursts. Ms. Wilt has become extremely protective of her children, not wanting others to be involved in anything regarding their general well-being as she does not trust others at this level. Although, she wants to make the decisions that will affect her children's well-being she is sometimes paralyzed to make these decisions, as they will lead her directly into activities, encounters, or places associated with the previous traumas. Ms. Wilt appears to be suffering from Post-Traumatic Stress Disorder from her earlier experiences, which leads to a sense of dread for impending separation from her son Keaton. The avoidance of the feeling of dread and the related anxiety when she is separated from him made her and continues to make her oppositional to Keaton's visits with his father, Mr_ Avey. Without treatment this will likely continue. Mr. Chad Cook is a positive support for Ms. Wilt and appears to be a positive influence on Keaton. Keaton Witt has an above average level of intelligence. However, he also has had developmental problems with his legs and feet as well as the development of his language articulation skills. tie has bee recently diagnosed with a brain tumor which requires removal. He has vision problems which might be related to the tumor or a separate developmental vision problem. He has been traumatized by previous medical treatments and impending procedures. He is very sensitive to the emotions of others, particularly his parents. He shows symptoms of separation anxiety displayed by a young child who has been separated from his parents through hospitalizations and has been hurt by others as his parents are watching. He seems to be experiencing somatic symptoms related to this stress, which manifests in his nausea and throwing up and various other transient anomalies (headaches, aches). His parents' stress reactions in response to his heightened stress, only increase the stress and anxiety he feels- He is tom between his love for both parents the anxiety and hurt he believes they cause each other- He strikes at his father for hurting his mother by exchanging custody and causing her grief, and he throws up and is nauseous when he has to leave his father to retum to his mother's home. The parents misinterpret the reasons for these behaviors and Keaton is too young to tell them he does not want to hurt either one of them. A cycle of distrust has evolved in between Mr. Avey, Ms. Wilt, and Keaton- It likely began as an outgrowth of Ms. Avey's reaction to the previous traumatic experiences she held. It has been exacerbated by Keaton's medical problems and treatment She is not aware of the source of her anxiety when Keaton leaves for his father's home- Mr. Avey feels the resistance and opposition to him having his son. Keaton feels his mother's fear of separating, but wants to see his father and is therefore tom in his emotions. Since Mr. Avey, Ms. Wilt; and Keaton do not see the source of the anxiety, they continue to read in ways which only exacerbate the stress and continue the cycle. Treatment is required if Mr Avey, Ms_ Witt, and Keaton are going to break this cycle. In general: • Mr. Derrick Avey has the ability, emotional stability, and support of his spouse and family to meet the best interests of his son, Keaton Wilt • Ms. Acamie Wilt has the ability, emotional stability, and support of her paramour and her family to meet the best interests of her son, Keaton Wilt Jeffrey L Lenshower, M.S. PA CerGhed School Psychologist Cermed Forensic Counselor, PA Licensed Psychologist Division of Psychology Child Gus" Evaluation Repeat Aveyv Wilt 29 Recommendations Ms Wilt would benefit from psycho-therapy to help her desensitize a fear of loss and anxiety created by separation, which has developed as an automatic response due to Anneka's and Keaton's medical conditions and hospitalizations. Ms. Wilt exhibited heightened anxiety when Keaton's father, Mr. Avey, was coming for custody exchange of Keaton from the test setting. Separating from Keaton seems to activate a separation anxiety response, which Keaton detects, becomes anxious, and sometimes somaticizes (throws-up) and sometimes reacts negatively to those who are causing the separation. Without therapy there is very little chance that Ms. Witt will be able to desensitize the associations enough to stop reacting negatively, at least at a level detectable by Keaton. Mr. Avey would benefit from therapy or instruction to gain understanding into the separation process which is happening between Ms. Wilt and Keaton with every separation, especially custody exchanges. Ms. Witt and Keaton's anxiety may grow over time without treatment and knowledge of this process, especially with the constant custody exchanges as well as the intermixed hospitalizations for Keaton. Ms. Wilt and Mr. Avey would benefit from joint counseling to help them develop better communication between them. The therapy may also help alleviate the anxiety which both feel when Keaton is not in their care. This acclimation or desensitization of the other parent as a source of anxiety is important for both of then in order for them to reduce Keaton's anxiety and apprehension that he experiences at custody exchanges and separations from his parents. It is the parent's anxiety that is the pre-cursor to Keaton's anxiety. Keaton would benefit from counseling to help him understand and desensitize the anxiety he experiences when he separates from his parents. He does not understand his reactions nor his feeling leading to these reactions. Mr, and Mrs. Avey may benefit from family therapy to help them deal with Keaton and his problems within the framework of their family. This can be very disruptive to the stability of their family, especially if Keaton's situation does not stabilize. Developmental issues that are likely to be encountered may also be addressed. The present custody schedule should remain at least until these steps are taken to desensitize the associate anxiety for all parties. Otherwise, the parents risk becoming increasingly alienated and passing their distrust and fear of the other parent to Keaton. In order for the problem to be corrected, joint counseling must take place and it possible should be court ordered and monitored for compliance. Keaton's psychological and probably physical welfare depends on the understanding by each parent of why they feel the way they do and what behaviors and patterns to follow in order to stop the anxiety cycle from continuing. The counselor should be able to report compliance with the counseling to the court, but the actual content of the sessions should not be used as testimony in court. Adversarial relationships between the parents are a known detriment to the well being of children. If the parents develop effective communication to solve their problems in order to meet Keaton's best interests, it will help reduce the general tension and anxiety in both households. Initially monitoring compliance of participation in the counseling is probably necessary. As both parties and Keaton will experience gain through reduction of stress and anxiety from this intervention, compliance with participation should not be a problem. If the parents are not able to understand the negative impact of their distrust and concomitant anxiety regarding the other parent on Keaton; further court involvement will likely be necessary. JeffieyL Lmsbower, M.S. PA Ceifified Schod Psychologist Certified Fownsc Counselor, PA licensed Psydhdogist Division of Psydmbgy v Child Custody Evaluation Report Avey v. Wit PA Certified Sdrool Psychologist 30 Jeffrey Aensbower, M.S. PA Certified School Psychologist Certified Forensic Counselor, Division of Psychology, ID#: F19312 PA Licensed Psychologist PS-006274-L Jeffrey L Lensbower, MS. Cerbfred Forensic Counselor, PA Li ensed Psychologist Dmskn ofPsydrolopy Jeffrey L. Lensbower PSYCHOLOGIST If 1970 Scotland Avenue Chambersburg, Pennsylvania 17201 Tel. (717) 263.6370 1 Far: (717) 261-0074 Child Custody Report Addendum Avey v. Wilt Child Custody Report Of February 09, 2005 This is Addendum applies to the Recommendations presented in the Child Custody Evaluation Report. Since the time the report was sent to the attorneys, it has come to light that Ms. Witt has cancelled the scheduled brain-surgery for Keaton Wilt. This is the second time this particular surgery has been cancelled, the first time was by the surgeon because of the date falling too close to a weekend, and this time by Keaton's mother, Ms. Wilt. Ms., Wilt has a history of slow follow-thru for scheduling appointments and pursuing medical recommendations for Keaton. This may be a pattern of avoidance due to her background. Ms. Wilt's history of canceling Keaton's medical appointments and procedures can be detrimental to Keaton's well-being, especially with the medical issues that Keaton faces. Over the past year, Ms. Wilt has been alleged to: Procrastinate several months to have Keaton's eyes evaluated despite this recommendation being made by doctor's treating Keaton at the Johns Hopkins Hospital in Baltimore, Maryland • Fail to purchase, or allow Mr. Avey to purchase, eye glasses for Keaton as recommended based on the results of Keaton's eye examination • Refuse to allow Keaton to wear the leg braces prescribed for the orthopedic correction of his pronated feet. • Keep Keaton out of school excessively. One two-week period in January, 2005, Keaton missed six out of eight days. • Procrastinate the scheduling of Keaton's brain surgery - even though permanent visual damage may, and Y411 likely, occur if surgery is not performed (Ms. Wilt said during custody evaluation that she was told by Keaton's doctors that, until the surgery was completed, no one would know if his vision would be all right). • Cancel Keaton's counseling two of three times • Cancel Keaton's brain surgery scheduled for February, 2005. An attorney ad fitem or court order may be required to force Ms Wilt to meet or comply with Mr. Avey and/or the physician's request that will meet Keaton's medical needs. This needs to be considered at the conciliation, at least as an intervention, until counseling may have an effect on Ms. Wilt's behavior. This may ensure Keaton's health will not be compromised by Ms. Wilt's hesitation and/or emotional problems. J/ y . Lsnsbower, M.S. P rtified School Psychologist Certified Forensic Counselor, Division of Psychology, ID#: F19312 PA Licensed Psychologist PS-006274-L EXHIBIT "B" r Custody Psycnalagical Evaluation report Avey v. 11m Jeffrey L. Lensbower IF 1970 Scotland Avenue, Suite A Chambersburg, PenrrsyWania 17201 Tel.. (717) 2638370 Fax., (717) 263-9579 Child Custody Evaluation Report Confidential - For Professional Use Only Date of Report January 20, 2006 `Identification of Case Parties $ (Minor Children: Mr. Derrick G. Avey, father Ms. Acamie L. Wilt, mother Keaton G. Witt, minor child Referral Sources: Order of Court dated November 01, 2005, for an updated psychological evaluation Referral Question(s): At issue: Mr. Derrick Avey feels 50/50 shared custody is more beneficial for Keaton and will help reduce his anxiety over leaving his mother. Ms. Acamie Wilt believes it is best for Keaton to remain in primary custody with her and have a weekend visitation schedule with his father until his emotional issues have been resolved. Collateral contacts & Form of Contact: Ms. Angie M. Shahmoradi, LSW, phone consults, Progress Summary Schedule of Appointments Individuals Evaluated: Dates of Service: Mr. Derrick Avey Ms. Acarmie Wilt Keaton Wift Mr. Derrick Avey Ms. Acamie Witt Keaton G. Wilt December 02, 2005 December 08, 2005 December 02, 2005 December 08, 2005 1 Jaffrey L Lensbower, MS, FCICPP PA Certified School Psychologist Certified Forensic Counselor PA Ucensed Psychologist Division of PsychokW Custody Psydnbgtcal Evaluation Report Avey v. 6Ydt Methods of Evaluation Utilized: Mr. Derrick Avey Behavior Rating Inventory of Executive Function - Adult Self--Report Clinical Observation with Keaton Clinical Interview with Keaton Clinical Interview without Keaton Ms. Acamie Wilt Behavior Rating Inventory of Executive Function -Adult Self-Report Clinical Observation with Keaton Clinical Interview with Keaton Clinical Interview without Keaton Keaton G. Wilt Beery-Bukteniea Developmental Test of Visual-Motor Integration Slosson Intelligence Test - Revised Norris Educational Achievement Test Behavior Rating Inventory of Executive Function - Preschool Devereux Scales of Mental Disorders Children's Apperception Test Thematic Apperception Test clinical observations Clinical Interviews Referral See initial Child Custody Evaluation Report of February 07, 2005, attached. Background Information Therapy Report: Keaton receives therapy at the Mountain Valley Center with Ms. Angie Shahmoradi_ Ongoing telephone conversations were held with Ms. Shahmoradi as part of this evaluation to help determine the parents' custody of Keaton. Ms. Shahmoradi is helping Keaton develop emotional coping skills to reduce his anxiety, which appears to come from the custody exchanges and changes that he experiences between homes. Both Keaton and his therapist describe having good rapport and that Keaton is benefiting from the therapy he is receiving. Ms. Shahmoradi has noted that Keaton exhibited less anxiety this past summer (2005) when his parents shared 50/50 custody, as opposed to the current custody arrangement in force, in which Keaton spends every- other-weekend in the custody of his father. At present; Ms. Shahmor di reports Keaton is pulling out his hair and vomiting due to the anxiety he experiences around custody exchanges from his mother to his father.- However, once the exchange is made and Keaton and his father are driving home, Keaton's anxiety appears to reduce and he behaves well during the visit until just prior to the custody exchange returning him to his mother. Ms. Shahmoradi related on 12/1212005, that she had to report Mr. and Mrs. Avey to Child Protective Services for abuse alleged by Keaton during his therapy session. Ms. Shahmoradi reported on 12/21/2005, that Keaton had said he did not want to go with his father and his father did not force him to go. Keaton appeared pleased that he did not have to go with Mr Avey. Keaton is reported to have talked a lot this session, but much of his communication appeared to consist of socially desirable or placating responses. On 12/2912005, Ms_ Shahmoradi reported having seen a custody exchange at the Mountain Valley Center on 12/2312005. Ms. Shahmoradi reported the custody exchange to be anxious and ugly; so much so that to continue exchanges at the place where Keaton receives counseling is likely to negatively influence the relationship between Ms. Shahmoradi and Keaton. JefGey L Lensbmer, MS, FCICPP PA Certified School Psychologist Certified Forensic Counselor PA Licensed Psychologist Division of Psychology Custody Psycholog al Evaluation Report Avey v. Witt Evaluation Results Parent-Child Observations $ Interviews Keaton was evaluated with his father, Mr. Derrick Avey, on 12/02/2005. Observation of Keaton's behavior during the evaluation with his father showed Keaton only referring to his father as "Derrick" when his mother was within earshot He checked the walls thoroughly in the room where the testing was conducted to make sure that he could not hear his father or mother through them when they were talking. Once he was satisfied that he could not be heard outside of the room, he referred to his father (Mr. Avey) as Dad and to his mother's paramour, Mr. Chad Cook, as "Daddy Chad." Along with referring to Mr. Avey as "Dad," he was observed to stand very close to his father and at times place his head on his father's shoulder when they were working on puzzles together. Keaton's interaction with his father started out somewhat challenging and angry, but soon dissipated into smooth interaction about varying topics while they worked. Keaton was noted as very relaxed and comfortable with Mr. Avey. Mr. Avey expressed a concern regarding Keaton's relationships with his half-siblings. In general, Keaton and his half-siblings seemed to have good relationships in the past However, Keaton has been expressing this fall and winter (2005) that his half-siblings are not his siblings and that only his half-siblings at his mother's home are his brother and sister. Mr. Avey also reported that Keaton's anxiety, depression, and somatic reactions have been worse since the 50/50 shared time was returned to visitation every other weekend. Keaton's behavior with Mr. Avey away from Ms. Witt is not typical of a child who does not trust their parent His actions were spontaneously affectionate, placing his head on his fathers shoulder, leaning into his father, sitting very close to his father, and did not appear apprehensive when he was being observed. His posture was very relaxed and their interactions, except for when his father first entered the room, seemed to be comfortable and familiar. This type of behavior is not the type of behavior typically observed when a child is interacting or in proximity to someone they fear or despise. Keaton's posture became much more rigid and his behavior far more cautious when he was in the waling area with both of his parents, as well as, when he entered the waling area to join his mother after the evaluation was completed. The most notable difference was his reference to his father as "DerrW in his mothers presence. After Keaton's evaluation with his father, he did not discuss their collaborative efforts with his mother (his mother asked, "did Derrick help you put those puzzles together?"; to which Keaton said; 'no"). It was noted also that Keaton stayed physically far from his father in his mothers presence after the evaluation and did not even acknowfedge his fathers request for a hug before he left the office. His father made the request and when Keaton did not acknowledge his request, Mr. Avey drifted farther from the interaction as Keaton moved closer to his mother. Although, this action was counter to the interaction displayed in the evaluation room, it did not look to be an unfamiliar response or action to either Keaton or Mr. Avey. Their non-verbal behavior appeared very familiar, as though this interaction had taken place many times before. There did not appear to be any animosity in their actions. On 121082005, Keaton was first interviewed without his mother present In this interview Keaton stated that he did not like to visit "Derrick." He stated he would rather stay at his 'Mommy s and Daddy Chad s house." Keaton was adamant that he did not like or have fun at "Derrick's" and that he wished he never had to go there again. Keaton was not sure why he held these feelings; however, he repeatedly requested to be with his mother exclusive of "Derrick" During the interview he attributed aggressive comments to Mr. Chad Cook Keaton stated that his "Daddy Chad" said he should shoot Mr Avey to stop him from taking Keaton and upsetting Keaton's mother." When questioned as to why 'Daddy Chad' said this, Keaton responded that it was because he ("Daddy Chad") got angry over "Derrick' upsetting both Keaton and his mother. Keaton did not seem upset relating this information. Keaton stated that "Daddy Chad° had just gotten a job and was not on disability. Jeffrey L Lensbower, MS, FCICPP PA Certified School Psychologist Certified Forensic Counselor PA Licensed Psychologist Division of Psychology Custody Psydiologiral Evaluation Report Avey v Wk Ms. Witt stated that she and her paramour try to dissuade Keaton from his negative comments and actions toward Mr. Avey, but they have not been effective. Ms. Wilt reported that when Keaton made the comment about shooting "Derrick," she and Mr. Cook told him not to say such things. She suggested Keaton may act this way toward his father because he does not see Mr. Avey as his father, but rather her paramour, Mr. Cook, is viewed by Keaton as being his father. Keaton did say "Derrick is not my father, Daddy Chad is my father° during the evaluation on 12/08/2005. Ms. Wilt talked as though she was knowledgeable about the routine happenings at Mr. Avey's home and thus gave tacit support for Keaton's relationship with his father. However, Ms. Wilt did mention that Mrs. Avey and Keaton's halt-brother touched Keaton inappropriately, at which Keaton jumped into the conversation and said that he was touched on the genitals by Mrs. Avey. Ms. tuft did not seem unduly upset by this alleged occurrence and tended to feed Keaton's concerns rather than calm him. Keaton did not appear to be upset by the alleged occurrence either, merely supporting the issue that his mother raised. Keaton did not report any outward behavior regarding Mrs. Avey or his siblings in his individual interview. Along with this, Ms. Wilt reported that Keaton did not want to go with Mr. Avey and had Mr. Avey agreed. Keaton reported his half-brothers did not treat him well and that was why he did not like going to see "Derrick". Keaton was asked about the counseling he receives from the Mountain Valley Center. Keaton talked favorably of the counseling he received. His comments suggest a good rapport with Ms. Shahmoradi and that he feels benefit from the counseling. Psychological Tests Beery-Suttenica Developmental Test of Wsual Wotor Integration Keaton's visual-motor integration was evaluated using the Beery-Suktenica Developmental Test of Visual-Motor Integration (VM0 on 12/0812005. His visual-motor integration was found to be in a Borderline range of Deficiency (SS = 77) compared with others his age. His perceptual-motor development is delayed; only better than 6 of 100 others his age. Keaton's perceptual-motor delays may be related to Keaton's last surgery. Keaton's perceptual-motor difficulties may manifest in pre-handwriting, and later, handwriting difficulties. S/osson Intelligence Test - Revised Keaton was given the Slosson Intelligence Test- Revised (SIT-R) to determine his general as well as specific levels of cognitive ability. The SIT-R measures knowledge and memory. Keaton produced a scone which places him in an Average to Low Averagerange compared with others his age. Although the Total Standard Score is usually the best estimate of a child's general intelligence, Keaton showed very different levels of functioning on the specific cognitive functions measured by this test. Therefore, the score he produced on the SIT-R is likely lower than an optimal estimate of his general intelligence. The SIT-R measures the following cognitive domains: Vocabulary: The Vocabulary domain reflects the ability to use, understand and define words orally. Communication skills are dependent on vocabulary. On the SIT-R Keaton demonstrated vocabulary ability in an Average range when compared with same age peers. His vocabulary development is estimated at a 5 year, 8 month age equivalent and a standard score of 98. Some aspects of Keaton's vocabulary are as well developed as that of someone 9 years and 0 months of age. The estimated standard score is used to allow comparison between the measured domains and other tests which were given to Keaton. Keaton's vocabulary is adequately developed for appropriate age level communication. Keaton's expressive language skills are average compared with his same age peers. Jeffrey L Lensbower, MS, FCICPP PA Certified School Psychologist Certified Forensic Counselor PA Licensed Psychologist Division of Psychology CusrodyP*V bgicalEvaluation Report Aveyv. Wif General Information: This domain reflects the learning of cultural knowledge through both direct instruction and that which is not explicitly or directly taught It reflects acquired knowledge from the environment and culture. Keaton showed a relative weakness in his level of general knowledge on this test This suggests Keaton has had a limited exposure to an adequate range of experiences or infomtatiort from which he could fort an adequate store of general information- This score seems to be somewhat low compared with the impressions likely to be formed by others when they converse with Keaton- Keaton's score on this test may reflect difficulty or inefficiency for retrieving acquired information from short-tern and/or long-term memory. Keaton's abilities to pay attention and concentrate may also be reflected in his difficulty in the general information domain. Similarities and Differences: This cognitive area reflects skills in determining attributes and forming concepts in order to compare and contrast differing objects or information. As individuals develop mentally, their thinking moves from concrete to abstract Keaton's performance on these items on the SIT-R was in the Low Average to Average ranges with an age equivalent of 5 years, 0 months and a standard score of 89. In specific areas of interest, his ability to conceptualize information appears to be optimal and equal to that of a chili approximately 6 years, and 0 months of age. Comprehension: This cognitive domain reflects one's knowledge of social behavior. It reflects the individual's ability to understand verbal information as well as how to apply this knowledge in the social environment Keaton's ability in this domain is in a Superior range with a standard score of 120 and an approximate age equivalent of 7 years, 3 months. Keaton's ability to comprehend information, especially social knowledge and information utilized for practical problem solving, is a strength for him. Keaton's comprehension of information in areas of interest is possibly equal to that of a much older child, one who is approximately 8 years, and 4 months of age. If this domain is viewed as a measure of receptive language abilities, Keaton's ability to take in infom+ation and comprehend that information is much better developed than the ability of many of his peers. His receptive skills are also much better developed than his expressive skills. Quantitative: This domain reflects an individual's ability to do mental calculations, hold arithmetic information in working memory, determine the arithmetic process required to solve the problem, and calculate the correct answer. Spatial reasoning,.mathematical concept formation, and the ability to solve novel problems are also reflected in Keaton's performance in this domain. Keaton's quantitative abilityis at the upper end of the High Average range compared with same age peers. A 6 year, 8 months to 7 years, 2 months developmental age equivalent is estimated for Keaton's quantitative _ abilities based on his performance on the items in this domain. Auditory Memory: This cognitive area measures verbal short-tern memory and aspects of working memory function and efficiency- Keaton's performance on these test items is in a Low Average to Borderline Deficient range for his age with a standard score of 80 and a 4 year, 3 months to 4 years, 8 months developmental age equivalent Auditory memory appears to be an area of relative weakness for Keaton. JeMey L Lensbower, MS, FCrCPP PA Cer fled School Psychologist Certified Forensic Counselor PA Licensed Psychologist Mimn of Psychology Custody PsychoAopcaf Evaluation Report Avey v. Wit Morris EducateonaPAchievemeert Test Keaton was given the Norris Educational Achievement Test (NEAT) to assess his academic readiness and early developmenL His Fine Motor Development score is in a Mild range of Deficiency as he performed less well on this subtest than 99 of 110 others his age. Keaton shows great difficulty with fine motor development which lends to he his poor pencil grasp and control- Keaton's math readiness skills are in a Low Average range and better than 16 percent of others his age. Keaton's greatest problems were noted when he was required to write numbers as opposed to his counting and ability to compare objects using size, configuration, and numbers. Keaton's Reading Readiness is in an Average range compared with others his age. He is able to accurately match and name most letters. However, he did have problems identifying the sounds produced by all the letters. Keaton's reading readiness seems to be a relative strength. Keaton's readiness scores appear to show the same pattern of better receptive as opposed to expressive abilities. His expressive abilities are reduced to due to fine motor difficulties which primarily affect his writing, but also his dear articulation of verbal information at times. Behavior Rating lnvemtory of Executive Functioning Preschool Form (Ms. Wilt) Score Summary Inhibit v_ 57 74 52 - 62 a'a-=s,e M3a.:. Aver ' e Shift 62 86 56 - 68 High Average Emotional Control 55 68 49 - 62 Average Worfd 52 59 46 - 58 Average Plan/O Organize 54 59 46 - 62 Average Inhibitory Seff-Control 57 75 52 - 62 Average Flexibility 60 85 55 - 65 H' h Average Eme ent Met nitive 53 61 48 - 58 Average Global Executive Corn 58 77 54 - 62 Average (Mr. Avey) Score Summary Inhibit 41 23 36 - 46 Average Shift 66 91 60 - 72 Clinical Emotional Control 61 83 54 - 68 Average wof" Mm9moty 68 94 62 - 74 Clinical Plan /Organize 48 41 40 - 56 Average Inhibito Setf-Control 48 46 43 - 53 Average Flexibif 66 91 61 - T1 1 Ctinical Erne ent Met nitrve 66 83 56 - 66 v e Global Executive Corn a 58 78 54 - 62 Average Keaton's mother and father each completed a Behavior Rating Inventory of Executive Function - Preschool Version (BRIEF-P) regarding Keaton's behaviors related to executive functioning. The Global Executive Composite scores are identical on both parents' ratings, indicating a high level of agreement between Keaton's mother's and father's ratings of his behavior. The only scale on which there appears to be disagreement was Working Memory, where Mr. Avey rated Keaton as Jeffrey L Lensboaw, MS. FCICPP PA Cerufied School Psychologst Certified Forensic Counselor PA Licensed Psychologist Division of Psychology Custody Psyciotogic if Evaluator Roport 7 Avey v. Wirt not having a well developed Working Memory. Ms. Wilt reported Keaton's woricing memory as being within an acceptable range- In general, Keaton was rated as having an adequate ability to inhibit, resist or not act on an impulse and the ability to stop his behavior at the appropriate time. He has an adequate ability to manage current and future-oriented task demands. At Keaton's age, planning is often described as consisting of implementing a goal chosen by an adult and carrying it through to completion- This often involves stringing several behaviors together to accomplish the goal which has been given to him. His parents agree that Keaton has an age appropriate ability to bring order to information or objects to achieve a particular goal or end. Organization and planning are essential elements of the executive function. Keaton's mother and father rated his emotional control as generally adequate- This indicates that Keaton does not exhibit much lability or mercurial change in emotion. Keaton does not appear to have overblown emotional responses to minor issues. His father sees him as slightly more emotional, but there is not a significant difference in the level of emotionat behavior he reports over the emotional behavior reported by Keaton's mother. Keaton was rated differently by his parents on his Working Memory abilities. Ms. Witt rated Keaton as having an average or adequate working memory ability. Mr. Avey rated Keaton's working memory ability as a considerable problem. Working memory is the ability to hold intonnation in memory for the purpose of completing a task. WoWng memory is essential to the completion of multiple step activities. Mr. Wilt may see Keaton as having difficulty remembering what he has been told across time. Both of Keaton's parents rated his ability to shift from one activity to the next as being a problem for him. His father sees his ability to shift as being severe and in a Clinical range compared with others his age. Keaton is also seen as having difficulties with flexibility, as shown by his fathers score in this area on the BRIEF. Although Keaton's mother does not see Keaton as having as great a difficulty shifting or being flexible, she does see these areas as being Keaton'S relative weaknesses compared with other aspects of his executive function as the circumstances demand. Key aspects of shifting include the ability to make transitions, problem-sotve flexibly, switch or altemate attention, and change focus from one mindset to another. Mild difficulties in the ability to shift can compromise the efficiency of problem solving, whereas more severe difficulties are reflected in perseverative and repetitive behaviors. Change can be very difficult for children with these characteristics. Keaton is likely to have emotional outbursts during times of change or as a response to changes in environmental demands. Dehvwvux Scales of Meirdal Disorders Keaton's mother and father both completed the Devereux Scales of Mental Disorders (DSMD) to help identify any emotional, behavioral, or social issues from which Keaton suffers. Mr. Avey rated Keaton on the DSMD 12/02/2005. Overall, Keaton was reported to be exhibiting significant behavioral problems. His DSMD T-score of 68 is in the Elevated range, indicating that Keaton was rated as exhibiting a higher level of behavioral disturbance than 94 percent of children. Signfcant elevations were also found on the Externalizing, Internalizing, and Critical Pathology Composites and the Attention, Anxiety, Depression, and Acute Problems scales. Keaton's highest rating by his fatherwas on the Internalizing Composite, a measure of behaviors that reflect the individual's state of psychological well-being. internalizing behaviors are those that include excessive worrying, social withdrawal, anxiety, and over-control or inhibition. On this composite, Keaton received a T-score of 79 which falls in the Very Elevated range. This score indicates that Keaton is experiencing more symptoms in this area than 99 percent of same age peers. The Internalizing Composite is comprised of the Anxiety and Depression scales, on which Keaton obtained T-scores of 76 and 79, respectively- Jeffrey l Lembower, MS, FCICPP PA Cetified School Psychologist Certified Forensic Counselor PA Licensed Psychologist Division or Psychology Custody Psyd)o0gicaf Evaluation Report Avey v. MR Keaton obtained a T-score of 64 on the Critical Pathology Composite. This composite measures behaviors that suggest a delusional or irrational thought patterns so that interpretations of ordinary situations are distorted and dairy functioning substantially impaired. His score falls in the Elevated range and indicates that Keaton is experiencing more symptoms in this area than 92% of children. The Critical Pathology Composite is comprised of the Autism and Acute Problems scales on which Keaton obtained T-scores of 52 and 74 respectively. Keaton obtained a T-score of 56 on the Externalizing Composite, a measure of behaviors that involve conflicts between the individual and his environment High scores on the Externalizing Composite reflect behaviors that are variously described as aggressive, disobedient annoying to others, disruptive, under-controlled, restless, or inattentive. His score falls in the Borderline range and indicates that Keaton is experiencing more symptoms in this area than 75 percent of children- The' Externalizing Composite is comprised of the Conduct and Attention scales on which Keaton obtained T-scores of 54 and 58 respectively. The Intra4ridivldual Comparison, which compares individual scale and composite scores to Keaton's mean scale and composite scores, indicate significant elevations on the Intemarizing Composite and the Anxiety and Depression scales. Problem areas to be considered for intervention identified by Keaton's father are: poor self-esteem • social isolation dependence fearfulness depressed affect • moodiness • sullenness Ms. Wilt completed the DSMD on 12/0812005. She indicates Keaton is exhibiting few behavioral problems with a total score in the Average range. However, significant elevations were indicated on the Internalizing composite and on the Anxiety and Acute problems scales. Keaton's highest rating was on the Internalizing Composite, a measure of behaviors that reflect the individual's state of psychological well-being. Internalizing behaviors are those that include excessive worrying, social withdrawal, anxiety, over-control and inhibition. Ms. Wilts ratings of Keaton on this composite resulted in a score of 57, which falls in a Borderline range on this test Her score indicates Keaton is experiencing more symptoms in this area than 78% of other children his age. The Internalizing Composite is comprisedof the Anxiety and Depression scales; on which Keaton obtained scores of 63 and 51, respectively. Although Keaton's Critical Pathology and Externalizing Composite scores fall in the Average range, his T-score on the Acute Problems state (58) falls in the Borderline range. The Intre-individual Comparison, which compares individual scale and composite scores to Keaton's mean scores indicate significant elevations on anxiety. The following problem areas need to be considered for intervention: Somatic complaints - physical ails • emotional lability - repeated rapid and abrupt shifts in affective expression social intrusion - behavior characterized by bud talk, failure to maintain normal physical distance, touching, criticizing of, and annoying peers • dependence or reliance on another person that is age inappropriate • depressed mood and poor self-esteem - problems reflecting a discrepancy between one ideal and perceived self Jeffrey L. Lensbower, US, FCfCPP PA Certified School Psychologist Certified Forensic Counselor PA Licensed Psychologist Division of Psychology Custody Psydvkrgicat Evaluation Report Avey v Ytltf ChPtaftn's /apperception test Keaton was given the Children's Apperception Test (CAT) on 12108/2005, during the evaluation with his mother, Ms. Wi@. He was cooperative with the testing procedure: however, he was concerned about how long the evaluation would take that particular day. He said his mother could not stay all day and that he had to be done soon. His focus on finishing the evaluation quickly may have had some minor impact on the stories he told. However, he did follow the instructions, and, except for the fifth card presented, he told adequate stories for all the stimuli presented. On this test, Keaton projects: • A desire for an emotionally warm and nurturing environment • Women (mothers) are nurturing, but pragmatic meeting physical and social needs. • Men (fathers) are nurturing, emotionally warm, and protective. • Women (mothers) seek control and dominance over others. • Men (fathers) seek interpersonal closeness with their children. • Men (fathers) and women (mothers) are often at odds creating constant tension between them. • Believing everyone needs close relationships with others. • Believing that his father or fathers reject(s) his mother or mothers and hurt her feelings- Strong individuals often triumph over those who are much xeaker. • Believing that weaker individuals may turn the tables on one who is much smarter and escape their control. • A sense of security at times when he is alone or his environment is calm, peaceful and quiet • A need to get away from being dominated or controlled totally by others- Using avoidance and withdrawal as his primary means of dealing with conflict Thematic Appercepffon Test Keaton was given the Thematic Apperception Test (TAT) during the evaluation with his father, Mr. Avey. Keaton was very responsive to the cards presented and told adequate stories for all stimuli presented. On this test, Keaton projects: • Defiance of authority, or, in particular, male or fathers' authority. His defiance is often indirect; although, he becomes increasingly confrontational as the demand from others rises. On this test, Keaton did not project any defiance toward women, only men on this test • Taking the path of least resistance whenever he has to act to change his environment or situation. • Being motivated by the demand of others. His actions are often reactive to the demands or behaviors of others. • Feeling angry over the demands of others. He tends to avoid directly asserting himself and uses avoidance as a primary means of reducing his anxiety. • His family as being disconnected physically and emotionally. • Women as being domineering and controlling of men and the family. • Women as being emotionally distanced and aloof from the men in the family. • Men as being in a nurturing and supportive role within the family. • Depression and self destructive tendencies. • Feelings of hopelessness and helplessness to relieve his feelings of depression and sadness- Believing there is some emotional warmth between mothers and fathers, but emotional distance between the parents and the children in a family. Jeffrey L Lerabower, MS, FCICPP PA Certified School Psychologist Cerimmi Forensic Counselor PA Licensed Psychologist Dwision of Psychology CustodyPSyC)wk" EvMuetion Report 10 Avey v. 6lfctt • Feeling some concern or anxiety regarding fathers not being uniting or reluctant to many mothers. • Mothers as becoming angry and being punitive when children exhibit bad behavior. • Physical aggression as a means of expression when people are angry with each other Jeffrey L Lertsbower, MS, FCICPP PA Certified School Psychologist Certified Forensic Counselor PA Licensed Psychologist Division of Psychology CustadY P.syctabynal Evaluation Repoli Avey V. Wilt Behawor Rating Inventory of Earectiove Functfan Adult self-Report (itts. VIRIO Score Summary 11 Inhibit 54 79 46 - 62 Average Shift 52 64 44 - 60 Average Emotional Control 57 77 52 - 62 Average Self-'Monitor 51 70 44 - 58 Ave BehavlorRatin Index 55 78 50 - 60 Average Initiate 51 63 44 58 Average WoLk M 50 60 43 - 57 Average Pla nize 50 59 44 - 56 Average Task Monitor so 85 53 - 67 High Average Organization of Materials 40 24 33 - 47 Averagie Meta' Itive Index 49 52 45 - 53 Average Global Executive Function 52 64 49 - 55 Average Ms. MR completed the BehaviorRatfng Inventory of Executive Functon -Aduff Self-Repoit (BRIEF-A)- Her self-ratings produced a profile of executive functioning in the Average range. In general, Ms. Wilt reported average levels of impulse inhibition, emotional control, planning, organizing, and monitoring her own behavior. Specific problem-behaviors reported by Ms. Witt were: often not planning ahead for tasks or activities sometimes overreacting emotionally and having emotional outbursts • sometimes having trouble sitting still • sometimes having a short-attention span sometimes having problems getting started on her own • getting disturbed by unexpected changes in her daily routine having anger which is intense, but that ends quickly. Ms. Witt reports others sometimes saying she is too emotional. She sometimes has duliculty - getting over problems she has experienced. Ms. Wilt reports having quickly changing moods and becoming upset over small things- Although Ms. Witt does not show significantly high levels of individual behaviors, she does report many behaviors associated with at least mild levels of executive function problems- (Mr. Avey) Score Summ Inhibit 46 45 38 - 54 Average Shift 39 20 31 - 47 Low Average Emotional Control 38 15 33 - 43 Low Average SeN-Monitor 59 83 51 - 67 Average Behavior Rating 43 28 39 - 47 Average Initiate 43 31 35 - 51 Average World Memo 43 33 36 - 50 Average P/an/O anize 46 49 39 - 53 Average Task Monitor 45 45 36 - 54 Average O anizabon of Materials 56 73 50 - 62 Average Meta nitive Index 47 46 43 - 51 Average Global Executive Function 45 33 42 - 48 Avers .lefty L. Wnsbower, MS, FCICPP PA Certified School Psydiologist Certified Forensic Counselor PA Lieensed Psyrlwlogst Division of Psydwbgy Custody PSA*O grtal Evaluation Report 12 Avey v WA Mr. Avey reported a general level of executive functioning in the average range- He indicates average levels of impulse inhibition, emotional control, and self-monitoring. Specific behaviors reported by Mr. Avey are. sometimes talks at the wrong time and sometimes not noticing how he is mating others feel bad until it is too late. He sometimes does not plan ahead and he has a short attention span. Mr. Avey sometimes says or does things without thinking of the impact his comments or behavior may have on others. He also reports some mild level of symptoms of depression )fatigue, low energy, and difficulty getting excited by things as he had in the past However, in general Mr. Avey reports average functioning with mild difficulty monitoring the impact of his words and/or behavior on others. Impressions Keaton appears to be suffering from high anxiety and depression, which manifest as psychosomatic ailments such as nausea, as-well-as anger and aggressive actions towards others, in particular, his father. He appears to fee( caught in his parents' battle over their custodial time with him. In public, he seems to favor his mother having his full custody. However, the results of the evaluations, as well as his reported behavior when he was with his father in private and when he was in the examiner's office with his father do not reflect this choice. Keaton's counselor noted that he seemed to be less anxious during the summer of 2005, when his custody was split more equally between his parents. Observation of Keaton's behavior during the evaluation with his father showed Keaton only referring to his father as "Derrick when he was sure his mother would hear him. He checked the walls thoroughly in the room where the testing was conducted to make sure that he could not hear his father or mother through them when they were talking. Once he was satisfied that he could not be heard outside of the room, he referred to his father (Mr. Avey) as Dad and to his mother's paramour, Mr. Chad Cook, as `Daddy Chad." Along with referring to Mr. Avey as 'Dad,* he was observed to stand very close to his father and at times place his head on his father's shoulder when they were working on puzzles together. Keaton's interaction with his father started out somewhat challenging and angry, but soon dissipated into smooth interaction about varying topics while they worked. Keaton was noted as very relaxed and comfortable with Mr. Avey (whom he says he hates and does not want to see when his mother is within close proximity). Comparatively, Keaton did not show any more or any less warmth and comfort in the company of either his father or his mother individually. However, there is a marked difference when his parents were together in favor of his mother. Relevant Research Research shoves a significant amount of depression in children whose parents are still fighting fire or more years after separation of the parents. Ex-spouses do not have to like each other. However, they must be civil to one another in the presence of their children. Chronic angry feelings conveyed to children by their parents can cause depression. Mr. Avey expressed a concem regarding Keaton's relationships with his half siblings. in general Keaton seemed to have good relationships in the past However, Keaton has been expressing this fall and winter that his half-siblings are not his siblings and that only his half-siblings at his molher's home are his brother and sister. Research by Caldwell and Dunn (2006) reports that positive sibling relationships are strongly linked with child adjustment Parents must be aware and cautious not to transfer the negative emotional qualities of their acrimonious. relationships to their children's sibling relationships. Parent behavior may be modeled by the children in their interactions with their siblings. In addition, poor socialization practices within the parent-child relationship can have a direct bearing on the siblings' relationships, especially in regard to the influence of the mother-child relationship. If this is true, Ms. Witt has tremendous influence not only on her relationship with Keaton, but on all Keaton's relationships with others. Jerrrey L tensbower, MS. FCfCPP PA Certified School Psychologist Certified Forensic counselor PA licensed Psychologist Division of PsychokW u. . Custody Psyarwrog=WEvaluaPon Report 13 Aveyv. VM Wallerstein and Kelly (1980) found that the love and approval from both parents and the availability of regular visits from the non-custodiat parent are important factors in children's positive adjustment when their parents are separated. It has been found that the actual custodial residence of the child has little impact on the level of acrimony between the parents and the detrimental effects to the child. Characteristics that should be present in the custodial parent include: the parent who is able to provide a more stable environment (least times moved, stable empklyrnent history, and safe physical setting), the parent who is more sensitive to the developmental needs of the child and able to accurately identify the child's current and future needs, the parent who is less authoritarian, the parent who has the greater capacity to communicate, the parent who provides greater intellectual stimulation in the home environment, and the parent who appreciates and encourages the child's relationship with the other parent Research shows that fathers who have greater custodial contact with their children tend to be more influential in child rearing decisions. A common source of continuing hostility toward the other parent for fathers stems from reduced responsibilities and involvement in decision-making regarding their children. Research has shown that both the frequency and regularity of visits or contact with their fathers, positively correlates with children's self-esteem. A reduction in frequency and/or regularity of visits is related to an increase in behavior problems in young children (Ackerman, 2001). Research indicates mothers have a stronger influence; on the development of emotional security than do fathers, therefore, their ability to negatively influence the child's emotional development or mental health is much greater. In studies of mother-son relationships, the mother's emotions had a direct effect on the child's emotions, the lower the mother's psycho-social functioning the more negative the child's behavior, the mother's attitude toward the child's father is related to how coercive and supportive her mate child will report her to be in their relationship, and the more coercive a son perceives his mother to be in their relationship the more aggression that child will demonstrate in other environments away from the mother (Ackerman, 2001). Keaton indicates through this evaluation, his actions, and some of his statements, that he perceives his mother, Ms. Wilt as being controlling, especially of his father, Mr. Avey, her paramour, Mr_ Cook, as-welt- as himself. He shows a strong desire to please his mother and try to make her happy. He projects worry and concern regarding her happiness and well-being when he is away from direct contact with her. His rejection of Mr. Avey seems to be influenced by these concerns. In other words, he demonstrates a much closer and warn relationship with his father only when he is sure that his mother will not see or hear the interactions between them. Ackerman (2001) reports research studies concluding children of divorce need ongoing contact with both parents- Although, separated parents may dislike each other, they must not let these feelings interfere with their children's relationships with either parent The parents must cooperate sufficiently to permit on-going contact between each parent and the child(ren). Jeffrey L Lensbower, MS, FCICPP PA Certified School Psychologist Certified Forensic counselor PA Licensed Psychologist Division or Psychology CusWy Psyd*109 ar Evaluabion Report Avey v. Wilt 14 Cortidusions Much of the research on custody arrangements indicates joint custody as the most often preferred agreement to meet children's identified needs. However, in order for joint custody to be effective, the parents have to be able to separate their interpersonal differences with each other from their parenting decisions. Both parents should have quality relationships with the child, be psychologically stable, be free of substance and/or alcohol abuse, and be able to cooperate in the best interests of their child(ren), regardless of any anger, bitterness, and/or resentment they feel toward the other parent (Ackerman, 2001). Specific considerations that are necessary for joint custody to work include: • Both parents should accept that since they are separated, neither parent will see the child as much as they would if the parents had lived together. • Both parents should be willing to share holidays and not alternate them, realizing that regardless of how they may feet about the other parent; it beneffs their child to have a relationship with the other parent Shared memories of holidays and special occasions . with both parents are equally important for the child's psychological and social well-being. • Both parents should create emotional environments in their homes that alkmw the child to continue to love and spend time with the other parent This may be accomplished through telephone calls in which the child can spontaneously share their feelings regarding special events with both of their parents. However, the non-custodial parent needs to be sensitive not to encroach on the custodial parent's time. Each parent should encourage the child to remember the other parent on special occasions i.e., other parent's birthday, Fathers day, Mothers day, etc... • Encourage a good relationship between the child and the other parent's extended famiy. • Refrain from giving the child too much decision-making power. • Both parents need to communicate openly and honestly on a regular basis in order to minimize misunderstandings and conflict They should coordinate the routines and activities in which the child is involved as much as possible between the two households. • Both parents should neither encourage nor allow children under 12 years of age to refuse to visit the other parent • The parents should not argue, fight, or degrade the other parent in front of the child. Neither parent should ever ask a child to keep secrets from the other parent • The parents should not overburden the child psychologically by making the child the focus of the arguments between the parents. • The parents should not overburden the child by giving them the responsibility for the parent's psychological /emotional stability- This often leads to the child being tom over spending time with the other parent Many of the guidelines for effective parenting to enable normal child development are impeded by the acrimony between Mr Avey and Ms. Wilt Keaton is being hammed by the negative interaction which occurs between his parents. Keaton has shown adequate cognitive development and academic readiness since the last evaluation and his neurosurgery. There is some indication of developmental delay in Keaton's perceptual-motor skills, which may be the result of the previous tumor and/or the accompanying neurosurgery to remove the tumor. Difficulty in this area may lead to some academic ddlicuries in the future along with accompanying frustration. Children with these delays often are faster to anger and more demonstrative in their responses due to some impulse regulation difficulties. This may make Keaton more emotionally reactive and lead to comments and/or behavior that are not well thought out in regard to future consequences. This behavior may be seen in some of the violent comments Keaton makes regarding killing, hitting, kicking, and punching others who upset him. The need for Keaton's parents to reduce anxiety and upset leading to these comments and behaviors is evident Keaton also requires role models that do not condone nor participate in this means of problem and/or anxiety resolution. His behavior needs to be redirected when he expresses these feelings and makes aggressive comments to/and about others. During the Jeffrey L. Lensbower, MS, FCICPP PA Certified School Psychologist Certified Forensic Counselor PA Licensed Psychologist Divisor of Psychology Custody Psyd*109 cal Evaluation Report 15 Avey v Wilt interview conducted 12A)&2005, Keaton did attribute aggressive comments to Mr. Chad Cook. Keaton stated that his "Daddy Chad' said he should shoot Mr. Avey to stop him from taking Keaton and upsetting Keaton's mother and stated on the TAT, `this mother is going to shoot him, shoot them all and kill them with this side because she is angry" Keaton did not attribute any aggressive statements or actions to his father during the evaluation. Aggressive comments made around Keaton or to Keaton regarding either one of his parents and also other people should not occur. These comments are detrimental to Keaton as a model of behavior and create emotionally conflicted feelings regarding people that Keaton should have the right to care about Keaton is suffering from anxiety and depression- Separation anxiety from his mother continues to exist; however, it does not appear to be as strong as it had been at the time of the previous evaluation. He seems more capable of handling his anxiety now when he is separated from his mother than he had been- However, he still experiences much concern over her well-being while he is gone- He is also likely, once adjusted to the change, to act more himself until close to the time he is to return to his mother's home. Keaton receives counseling to help him develop better emotional coping skills. According to his counselor, although his anxiety is high, Keaton seems to be showing positive gains in dealing with the transition from one home to the other (especially when this was more frequently occurring). Keaton uses avoidance and rejection as his primary coping skills for dealing with anxiety. Although these defenses can be effective sometimes, they are not proactive in promoting change or control over anxiety producing situations and circumstances (he loses time with his father to reduce his anxiety). Keaton demonstrates the use of these techniques when approaching and at the beginning of custody exchanges. He becomes physically ill, cries, threatens, as well as verbally and physically abuses Mr. Avey. He also states that he desires avoidance of his father and his father's custody of him to others at times. However, during the course of the evaluation, Keaton only expressed strong negative feelings regarding Mr. Avey and Mr. Avey's family when he was in the presence of his mother. Otherwise, he demonstrated a relationship and interaction with his father that was at least equal to the interaction that was observed between Keaton and his mother. His projections on the tests indicate a positive relationship with Mr. Avey; one that appears to be as warm as, if not possibly warmer than, the relationship between Keaton and Ms. Wilt Ms. Wilt stated that she and her paramour try to dissuade Keaton from his negative comments and actions toward Mr. Avey, but they have not been effective. She suggests Keaton may act this way toward his father because he does not see Mr. Avey as his father, but rather her paramour, Mr. Cook, is viewed by Keaton as being his father. Keaton did say "Derrick is not my father, Daddy Chad is my father" during the evaluation on 12108/2005. However, he only said this when he was in the presence of or within earshot of his mother, and that she would hear what he. said. Otherwise Keaton did not make these comments regarding the recognition of his father's role. With Keaton's intelleciua! level and age he should not have difficulty changing custody between his parents. He should not have any difficulty understanding the differing rotes held by the familiar people in his life. Children at Keaton's age are also typically adaptable to changing environments as long as the environments are safe and trusted by the child. Keaton's behavior with Mr. Avey away from the view of Ms. Will is not typical of a child who does not trust their parent. His actions were spontaneously affectionate and not apprehensive when he was being observed with his father. Keaton's posture was very relaxed and their interactions, except for when his father first entered the room, seemed to be comfortable and fam7ar_ This type of behavior is not that observed when a child is interacting or in proximity to someone they fear or despise- Keaton's posture became much more rigid and his behavior far more cautious regarding his father when he was in the waiting area with both of his parents, as well as, when he entered the waiting area to join his mother after the evaluation was completed. The most notable diifference was his reference to his father as "Derricle in his mother's presence. Keaton did not discuss his and Mr Avey's collaborative efforts during the evaluation when his mother asked. It was noted also that Keaton stayed physically far from his father when in his mother's presence after the evaluation, and he did not even acknowledge his father's request for a hug before Jeffrey L Lensbower, MS, FCICPP PA Cer6fieed School Psychologist Certified Forensic Counselor PA Licensed Psychologist Division of Psychology k_ Custody Fsydgl 9CW Evaluetim Report Avey v Wilt 96 Keaton left the office. Mr. Avey made the request for a hug, and when Keaton did not acknowledge his request, Mr. Avey drifted farther from the interaction as Keaton moved closer to Ms. Wilt Although this interaction was counter to the interaction displayed in the evaluation room, it did not appear to be an unfamiliar response or interaction to either Keaton or Mr. Avey. Their non-verbal behavior appeared very familiar, as though this interaction had taken place many times before. There did not appear to be any animosity in either Keaton's or Mr. Aveyr's actions. Mr. Avey claims that Ms. Witt puts pressure on Keaton to not go with him for visitation, tells Keaton that Mr. Avey is not his father and refuses to let Keaton refer to him as such, tells Keaton to publicly reject his father, and is punitive to Keaton if he shows any positive favor toward his father. Ms. Witt says that Keaton becomes so upset at having to govaith his father and be around his father and his family that it is not right to make him do so. She believes that Keaton's exposure to Mr. Avey is negative and detrimental to any stability that Keaton has in her family. She would like Mr. Avey to stop creating the emotional dilemma that Keaton constantly faces. Ms. Wilt related an incident in which. Keaton said he was going to kill Mr. Avey. She and her paramour have tried to make Keaton understand that even though he may feel frustrated, he should not talk this way about or to Mr. Avey_ Both of the positions of his parents can lead to the emotional upset and negative behavior displayed by Keaton. Although there is not any one test that can determine which of these concerns are true, the multifaoeted evaluation conducted can give some insights. The evaluation has four main components: observed behavior by the examiner and others, stated feelings, attitudes, and perceptions, motivations for the observed behavior, and the results of the actual standardized tests. The strongest statements can be made when the information from all four domains of inquiry correlate. On this evaluation, Keaton says he does not want to be with Mr. Avey, instead, he prefers to be with Ms_ Wilt His behavior and statements under differing conditions do not correlate with his stated desires. In fact, marry of his observed behaviors negate his verbally stated. desires not to see his father. Keaton's test results also do not agree with his verbally stated desires. Although his observed behavior and test results do not positively correlate with his verbal requests and statements, they do correlate well with Mr. Avey's reports of Keaton's behavior. Keaton's behaviors and test results also do not show a positive correlation with Ms. Wilt's statements and descriptions. To reiterating, Keaton's observed behavior, behavior reported by outside parties, and his test results would predict the type of behavior and interaction patterns described by Mr. Avey. Although Ms. Wilt denies presenting Mr. Avey as negative and putting pressure on Keaton to reject Mr. Avey, Keaton's observed behavior, actions, and discourse strongly suggest that someone is putting a great deal of pressure on him to engage in his negative and rejecting behaviors toward Mr. Avey. This pressure can cause the levels of depression, anxiety, and psychosomatic problems experienced by Keaton. It is also counter to the best interests of the child if it is present. The fact that Keaton was reported as having less anxiety when he was spending equal amounts of time with his father and mother this past summer (2005) seems to negate the belief that more time with Mr. Avey is detrimental to Keaton. Regardless of an increased number of custody exchanges, Keaton was observed by his counselor to be happier and less anxious than when the schedule moved back to Ms. Wilt having the majority of custodial time and fewer custody exchanges occurring. It is possible the recent increase in anxiety and depression is from the reduced time spent with his father. Jeffiey L. Lensbower, MS, FCICPP PA CerLT lied School Psyd)dogist Certified Forensic Counselor PA Licensed Psydvo"ist Division of Psyd~ Custody P4chobgrcal Evaluation Report 17 Avey'v Wilt Mr. Avey and Ms. Witt were involved in counseling to help them develop a working relationship guided by the best interests of the child. However, this counseling was not seen as helping Mr. Avey and Ms. Witt develop better communication or cooperation between them and was therefore discontinued by them. Recommendations Although it is generally not recommended as being in the best interest of a child to have a 50150 split in time spent with each parent. Keaton did show reduce/ anxiety and depression under this arrangement, albeit, his levels of depression and anxiety were still significantly elevated. However, if Keaton's mother denigrates or erodes Keaton's impression and/or relationship with his father to a level that may cause physical illness in the child, unsupervised time with his mother may be generally detrimental to Keaton. The emotional turmoil and anxiety created when one parent denigrates the other is extremely detrimental to Keaton's well-being and is definitely not in the best interests of the child. It would explain Keaton's behavior and attitudes toward Mr. Avey if Ms. Wilt was promoting negativity in Keaton's relationship with his father. Keaton did not say that his norther says negative things about Mr. Avey. For the most part, Ms. Wilt was observed as being supportive to Mr. Avey. Ms_ Witt verified a report was filed to Child Protective Services. Ms. Witt did not seem unduly upset by this occurrence and tended to feed Keaton's concerns rather than calm him. Along with this, Ms. Wilt reported that Keaton did not want to go with Mr. Avey, and Mr. Avey agreed. Keaton reported his hatf-brothers did not treat him well and that was why he did not like going to see `DeffW. Ms. Shahmoradi reported the next day that she had filed a report with Child Protective Services against Mr. and Mrs. Avey because Keaton said that he had been touched inappropriately by Mrs. Avey and his half-brother In follow-up, it was indicated that Child Protective Services reported the incident was unfounded. Promoting a negative relationship between a child and a parent, as well as, between a child and his or her siblings, has been found to have an extremely negative, lifelong impact on the child. (Ackerman, etal). Most research in this area recommends that the child be removed from this situation and placed in the sole custody of the parent who is being maligned- The other parent is typically recommended for supervised visitation until they have completed counseling or some other treatment At the satisfaction of the counselor that the parent is able to promote the best interests of the child, the custody arrangements may be reviewed for possible changes. Although it cannot be said for certain that Ms. Wilt promotes a negative relationship, if verification of this behavior is found through the court proceedings, this action may need to be considered. There does not appear to be much improvement in the relationships between Mr. Avey, Ms. Witt, and Keaton. In right of this. • Leaving the custodial time with each parent the same does not seem to be an answer to meeting Keaton's best interests. He is significantly depressed and experiences psychosomatic problems because of his high anxiety on the current custody schedule- Keaton has spent most of his time in his mother's care, with his father having limited visitation. As the scheduled time became equal this past summer (2005), Keaton's anxiety and depression seemed to decrease. With the return to less time with his father, his anxiety and depression have reportedly increased once again. The 50/50 custody, although effective for Keaton this summer, is not a recommended custody arrangement based on research because it does not provide as much stability for the child as other designs. The effect of Keaton being in his father's custody with visitation to his mother has not yet been tried. Based on Keaton's decreased depression and anxiety when he spent more time with his father, assigning this custody arrangement may further decrease the negative symptoms that Keaton experiences. Otherwise, a 50/50 custody arrangement should be considered, PA Ceitifiad School JOW L Lersbower. US' FCICPP Psychologist Certified Forensic counselor PA Licensed Psychologist Division of Psychology .. . Custody PsyclwbgtoM Evalushon Report 18 Avey v Wit • Comparison between each of Keaton's parents over several other factors may help the court decide the most appropriate custody arrangement o How many times has each parent moved? o How stable is each parent's employment? o How much support to each parent is available through extended family and/or friends? • The use of Directed Co-Parenting intervention should be considered to help the parents develop their co-parenting skills of Keaton. DCI is an intervention to establish child specific, concrete parenting structures within and between a child's multiple environments, reinforcing each caregiver's responsibility for his or her respective environment and for the child's well-being in that environment while simultaneously limiting any caregiver's efforts to impose control outside of his or her environment DCI seeks to communicate to the participant caregivers and through them to their children that there are now two distinct families in the child's life. The focus of the intervention is meeting the child's needs or best interests through the use of a team approach. This team is constructed of anyone who has a role in Keaton's life and is willing to participate in developing caregiver environments at both parents' homes which emphasize meeting the best interests of the child. DO therapy serves those who continue acrimony after multiple interventions have been tried and the child is showing anxiety and depression related to the parental discord. • For more information on DCI or to locate therapists in this area who may offer DCI therapy, contact Benjamin D. Garber 32 Daniel Webster Highway, Suite 17 Merrimack, NH 030544859 • The websites www.ourfamiNwizard.com and/or www.healthvoarent.com may also provide resources to help reduce the acrimony between the parents. Keaton should continue counseling to develop his coping skills for his anxiety and depression, and to help him develop the emotional and social skills necessary to continue to cope with the acrimony between his parents. Ms_ Will should continue her counseling to help her gain better skills to cope with her emotions regarding sharing custody of Keaton with his father. • Any custodial arrangement chosen should include an order for Directed Co-Parenting Intervention, or similar treatment, as a strategy to help the parents provide for Keaton's hest interests and stop the effect of acrimony that he now experiences. M . Lensbower, MS, FCICPP P Certfied Scholl Psychologist Certified Forensic Counselor, Div. of Psychology 1130. F19312 PA Licensed Psychologist PS-006274L Jeffrey L Lensbower, MS, FCICPP PA Cedified School Psychologist Certified Forensic Counselor PA Licensed Psychologist Division of Psychology i -. a . r DERRIK G. AVEY, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant(Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document 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: Marylou Matas, Esq. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 By: Date: February 2, 2006 60 West PomfrelStfeet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 5 e ' RECEIVED APR 0 3 2008. DERRICK G. AVEY, Plaintiff/Petitioner V. CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY AND NOW, this day of April 2006, upon consideration of the Petition for Special Emergency Relief filed by the Plaintiff/Petitioner, the Defendant/Respondent, a hearing is scheduled for April _, 2006 at .m. in Courtroom 5, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA By the Court, M. L. Ebert, Jr., Judge cc: Marcus A. McKnight, III, Esq. Attorney for Plaintiff/Petitioner Marylou Matas, Esq. Attorney for Defendant/Respondent DERRICK G. AVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY c I'1-f-, F'f T 1 7-1 l l'= ( PETITION FOR SPECIAL EMERGENCY RELIEF c? -77 F71 AND NOW, comes the Plaintiff/Petitioner, Derrick G. Avey, by and thiugh-lus ni co -? attorneys, Irwin & McKnight, and files this Petition for Special Emergency Relief as follows : 1. The Petitioner, Derrick G. Avey, is an adult individual with an address of 8916 McClays Mill Road, Newburg, Pennsylvania 17240. 2. The Respondent, Acamie Lynn Wilt, is an adult individual who resides in Franklin County, Pennsylvania. 3. In testimony held on March 9, 2006, before the Honorable M. L. Ebert, Jr., in the Court of Common Pleas of Cumberland County, Pennsylvania, both Jeffrey L. Lensbower, Psychologist, and Angie M. Shahmoradi, Counselor, expressed their concerns regarding the actions by Respondent, Acamie Wilt, in disrupting the counseling of Keaton Wilt with Angie Shahmoradi by missing appointments. 4. Since the March 9, 2006 hearing, the counseling sessions have dramatically changed for the worse. A copy of a letter dated March 31, 2006, from Jeffrey L. Lensbower, Psychologist, is attached hereto and marked as Exhibit 'W'. 5. The letter outlines the following: a. Angie Shahmoradi reported Respondent, Acamie Wilt, for child neglect for permitting the children to remain in her automobile in the front seat while the engine was running. b. The Respondent's attitude has grown worse toward Angie Shahmoradi and counseling which is also reflected by Keaton's actions against Angie Shahmoradi. C. The Respondent has failed to maintain her Access insurance card which has been paying for the counseling. d. The Respondent is now openly opposed to counseling for Keaton and Keaton's actions have been impacted by his mother's statements and influence. 6. The best interests of Keaton requires that physical custody be transferred to the Petitioner/Father, Derrick G. Avey, and that counseling continue with Angie Shahmoradi 7. The best interests of Keaton require that as long as the Respondent continue discussing the case with Keaton, that her periods of temporary custody be supervised. 8. The Respondent, Acamie Wilt, needs to pay for all the counseling sessions until she reapplies for the Access coverage. 3 .:. 4., WHEREFORE, Petitioner, Derrick G. Avey, respectfully requests this Honorable Court to grant: a. Primary custody of the child, Keaton G. Wilt, to the Petitioner/Father, Derrick G. Avey. b. That the Respondent, Acamie L. Wilt, pay for all counseling sessions until she reapplies for the Access coverage. Respectfully submitted, IRWIN & McKNIGHT By: M cus A. M ight, III, Esq. 6 West Pomfr t Street Carlisle, PA 013 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Dated: April 3, 2006 4 EXHIBIT "A" 03931!2006 15:34 7172639579 LENSBOWER PAGE 01/02 Jeft[ey L. Lensbower PSYCHMOGW IF 1970 smaww Avenue GwnberaWT. rbnnsyl ewe 17201 Tot (717) 28340M I Fw: (717) 283.9579 March 31, 2006 To Whom it May Concern: Since the dates of my testimony in the Avey-Wilt custody hearing I have maintained contact with Ms.'Angia Shamarodi% Keaton's caounselor at the Mountain Val" Center. The infoinuMon taut Ms. Shamarodis has provided regarding Keaton Wilt's counseling is cause for much concern. Ms. Shahmoradt stated that there has been a decline in therapeutic accomplishment because Keaton is refusing to talk to her. Ms. Shohmaradi stated that Keaton related being afraid to talk to her because what he says to her will end up in court The last session that Ms. Shahmoradi saw Keaton she reported that he was reluctant to go with her to the therapy room for counselM sa he had always before. He was reluctant to speak once they were m the therapy session, and she noted he was mildly aggressive, throwing toys, when issues surrounding ftre custody were addressed. After the session she talked with Ms. Acamie Will who informed her that Keaton said that he does not need counseling and does not wad to keep going. When Me. Shahmoradi said that she did riot think Keaton was oil enough to make that decision. Ms. Nit restated that Keaton did not want to keep coming to counseling and that would be taken care of soon. Ms. Shahmoradi stated being unsure of what that msant, but believed that Ms. Wift may be plain" on not bringing Keaton track to counseling. Ms. Shahmoradi eigressed concern that Ms Wf's and Keaton's behaviors are related to Ms. Shah wmdi having tad to file a report with hold Protective Services the previous week regarding an incident where Kenton's brother had been left in a car unattended with the engine running, was able to place the car in reverse, and ran across the parking lot into a guard ral before someone from the daycare renter nand to them was able to stop the car and pull the child out This incident happened after Ms. Will had been told previously not to M leave both Keaton or his brother In the front seat of an unattended vehicle with the engine running. Ms. Shahmoradi said she also filed a report regarding Ms. Wilts negligence, (alter she had been bold repeatedly), for not having the children propeliy restrained in the ear on several omens when arts brought Keaton to therapy. Ms. Shatnmonedi also stated that Ms. Witt did not keep Keaton's ACCESS card up to date, did not inform Mountain Valley Services of this oversight, and that his counseling is not being paid for at present Ms. Shahmoradi is not sure flat this is not a means of preventing Kenton from receiving the counseling he needs. Ms. Shahrnoradi reported being concerned about the significant decline in Keal on'a attitude and behavior, as wen as, the decline in his mothers attitude and behavior that has taken place since her teetirriony in court She stated not feeling support as she had at the beginning of counseling from KeaWs mother for the therapy to help Keaton deal with the isst>es affecting him due to his parent's acrimony. My concems are that Ms Wilt has assumed a defensive posture against anyone who challenges her control over her son's interactions and visdations with his fattier. If this is so, Ms. Wilt Is not acting in the best interests of her child. While some latitude in her behavior may have been accepted in the past due to ignorance regarding her son's bet interests. Ms. Wilt has been 0393112006 15:34 7172639579 LENSBOWER PAGE 02102 presented with tads regarding her son's best interests that she seemingly chooses to ignore In favor of her own best interests. Her son, Keaton was doing well in counseling with Ms. Wilt's and Mr. Aveys endorsement urNtl I% Shahmoradi testifled in court. Listening to Ms. Shahmoradi's tesilmony in court it was clear that the oamselarg was not moving toward Keaton riot seeing his kilher, but rather was making progress in having Keeton accept and transition more smoothly between Ms_ Wit's and Keaton's fathers hones so that a shared physical custody might continue. Ms WMt has expressed a desire to have Keaton not see his father, as it was her belief that this would make life better for all- However, in counseling the opposite was found, when Keeton spent more time with his father, and/or equal time between his parents with seeming erdorsament from his parents, his depression and arudety lifted and his behavior improved significantly. Having Keaton neither depressed nor arodous and able to maintain warm dose relationships with both of his parents seems to be in his best interests. However, this does not seem likely to occur as Ms. Wire Is reportedly more overt in her interference in Keaton's relations hip with his father. Ms. Wilt seems to discount anyone who disagrees with her. She does not seem to understand and/or care that meeting Keaton's best interests may at times be inconvenient to her or murder to her wants and desirrs for herself at that time. She does not seam to be able to get past her own feelings regarding Mr. Avey and his family regarding what is best for her son. N is not a shock that Keaton may not worm to always aMond therapy. as there is much competition for a child's Interests and time after school. What is shocking Is that his mother seems to endorse his opinion as a vlable or accountable decision of his beat interests. Ms. Wilt seems to be operating counter to the best interests of her child, Keaton. She appears to be impeding Keaton's scene to his father regardless of the information she has received concerning the long4orm detrimental effects of this practice. Keaton has gone from a who was prospering from counseling and tine perceived support of both his pererrfs to a child who rips their hair out and vomits when custody is exchanged. He is also saying and doing things that will interfere with his relationships with his father, stepmother, and haff4xv# or in the future if they continuo. Ms. Milli reportedly seem to play on Keatode tears regarding her (health and psychological weti )Wng. The fact that she is showing this kick of regard for Keaton's best interests just prior to the court's custody decision is also disturbing. In past cases where I have seen this behavior in this time frame it is a portent of contemptuous behavior if the mutt's order does not support the person's position. With this in mind and after review of related research, the court may serve Mows best interests by moving physical custody to his father with supervised visitation for Ms. Wilt until she has satisfactorily completed therapy for her problems, as well as. tow to most the hest Vdarasls of her son white sharing custody with the other plasm At that time Directed Co-parenting could be utilized to transition Ms. Wit to a more equal physical custody with Keaton's father. Sincerely, Je rtsbower, MS, FCWPP P Certified School Psychologist Ceffled Forensic Counselor, Div. Of Psydnology ID M.- F19312 PA Lamed Psycrologist PS-0Oa274L 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. DERRICK Y Date: April 3, 2006 4 K:. DERRICK G. AVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2001-5645 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document 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: Marylou Matas, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN & A.XcKnight, III, Esq. 60 West Pohnfi'et Street Carlisle, PA1?013 717-249-2353 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Derrick G. Avey Date: April 3, 2006 6 DERRICK G. AVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of April 2006, upon consideration of the Petition for Special Emergency Relief filed by the Plaintiff/Petitioner, the Defendant/Respondent, a hearing is scheduled for April , 2006 at .m. in Courtroom 5, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court, M. L. Ebert, Jr., Judge cc: Marcus A. McKnight, III, Esq. Attorney for Plaintiff/Petitioner Marylou Matas, Esq. Attorney for Defendant/Respondent RECEIVED APR 0 3 20N sl DERRICK G. AVEY, Plaintiff/Petitioner V. ACAMIE LYNN WILT, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of April 2006, upon consideration of the Petition for Special Emergency Relief filed by the Plaintiff/Petitioner, the Defendant/Respondent, a hearing is scheduled for April _, 2006 at _.m. in Courtroom 5, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court, M. L. Ebert, Jr., Judge cc: Marcus A. McKnight, III, Esq. Attorney for Plaintiff/Petitioner Marylou Matas, Esq. Attorney for Defendant/Respondent DERRICK G. AVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY ("? N {_, of Tl PETITION FOR SPECIAL EMERGENCY RELIEF rnm - w `moo ` 4i AND NOW, comes the Plaintiff/Petitioner, Derrick G. Avey, by ar tjhro h li Rc5 c51-11 attorneys, Irwin & McKnight, and files this Petition for Special Emergency Relief aAbllgs: 1. The Petitioner, Derrick G. Avey, is an adult individual with an address of 8916 McClays Mill Road, Newburg, Pennsylvania 17240. 2. The Respondent, Acamie Lynn Wilt, is an adult individual who resides in Franklin County, Pennsylvania. 3. In testimony held on March 9, 2006, before the Honorable M. L. Ebert, Jr., in the Court of Common Pleas of Cumberland County, Pennsylvania, both Jeffrey L. Lensbower, Psychologist, and Angie M. Shahmoradi, Counselor, expressed their concerns regarding the actions by Respondent, Acamie Wilt, in disrupting the counseling of Keaton Wilt with Angie Shahmoradi by missing appointments. 4. Since the March 9, 2006 hearing, the counseling sessions have dramatically changed for the worse. A copy of a letter dated March 31, 2006, from Jeffrey L. Lensbower, Psychologist, is attached hereto and marked as Exhibit "A". 5. The letter outlines the following: a. Angie Shahmoradi reported Respondent, Acamie Wilt, for child neglect for permitting the children to remain in her automobile in the front seat while the engine was running. b. The Respondent's attitude has grown worse toward Angie Shahmoradi and . counseling which is also reflected by Keaton's actions against Angie Shahmoradi. C. The Respondent has failed to maintain her Access insurance card which has been paying for the counseling. d. The Respondent is now openly opposed to counseling for Keaton and Keaton's actions have been impacted by his mother's statements and influence. 6. The best interests of Keaton requires that physical custody be transferred to the Petitioner/Father, Derrick G. Avey, and that counseling continue with Angie Shahmoradi 7. The best interests of Keaton require that as long as the Respondent continue discussing the case with Keaton, that her periods of temporary custody be supervised. 8. The Respondent, Acamie Wilt, needs to pay for all the counseling sessions until she reapplies for the Access coverage. 3 WHEREFORE, Petitioner, Derrick G. Avey, respectfully requests this Honorable Court to grant: a. Primary custody of the child, Keaton G. Wilt, to the Petitioner/Father, Derrick G. Avey. b. That the Respondent, Acarnie L. Wilt, pay for all counseling sessions until she reapplies for the Access coverage. Respectfully submitted, IRWIN & McKNIGHT By: frcus A.1WInight, III, Esq. West Pomfr t Street rlisle, PA 013 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Dated: April 3, 2006 4 EXHIBIT "A" 03/31/2006 15:34 7172639579 LENSBOWER PAGE 01/02 Jeffrey L, Lenebower PSYCHOLOGIST IF 19M ScodwW Avenue Ch wnbaraharg, Pe v yNarne 17201 Tel. (717) 25343370 1 Fax: (717) 2079 March 31, 2006 To Whom it May Omourn: Sine the dates of my testimony in the Avey-W it custody hearing I have maintained contact with Ms. Angie Shamarodie, Keaton's counselor at the Mountain Valley Center. The informeton (fiat Ms. Shamaiodw has provided regarding Keaton wit's counseling is cause for much concern. Ms. Shahmoradi stated that there has been a decline in therapeutic accomplishment because Keaton 19 refMrig to talc to her, Ma Shahmored1 stated that Keaton related being afraid to talc to her because what he says to her will and up in court. The test session that Ms. Shahmoradi saw Keaton she reported #0 he was reluctant to go with her to the therapy room for counseling as he had aMrays before. He was reiuctsi t to speak once they were in the therapy session, and she noted he was mildly aggressive, throwing toys, when issues surrounding the custody were addressed. After the session she talked with Ms. Acamie Witt who informed her that Keaton said that he does not need counseling and does rot want to keep going. When Ms. Shahmoradi said that She did riot think Keaton was old enough to make that decision. Ms. Witt restated that Keaton did not Want to keep coming to counseling and tot would be taken care of soon. Ms. Shahmoradi stated being unsure of what that meant, but believed that Ms. Wit may be Owing on not bringing Keaton back to counseling. Ms. Shahmoradi expressed concern that Ms Wilt's and Keewn's behaviors are related ro Ms. Shahmoradi having had to file a report with Child Pmk five Services the previous week regarding an incident where Keaton's brother had been Left in a car unattended with the engine running, was able to place true car in reverse, and ran across the parking Ic into a guard rain before someone from the daycare center next to them was able to slap the ear and pug the child out This incident happened after Ms. Wit had been told previously not to not leave both Keaton or his brother in the front seat of an unattended vehicle with the engine running. Ms. Shahmoradi said she also filed a report regarding Ms. Whtt's negligence, (after she had been told repeatedly), for not having the children properly restrained in the car on several occasions when she brought Keaton to t>erapy. Ms. Shahmoradt also stated shat ms- Witt did not keep Keston's ACCESS card up to dame, did not uniform Mountain Valley services of this oversight, and that his counseling Is not being paid for at present Ms. Shahmoradi is not sure that this is not a means of preventing Keaton from receiving ft counselhrg he needs- Ms. Stwhmoradi reported being concerned about the sVntft t decline in Keaton's attitude and behavior, as well as, the decline in his mother's allRWe and behavior that has taken place since flier testimony in court. She stated not feeling support as she had at the beginning of counseling from Koston's mother for the therapy to help Keaton deal with the issues affecting him due to his parent's acrimony. My concerns are that Ms Witt has assumed a defensive posture against anyone who challenges her control over her sorts interactions and visitations with his father. If this is so, Ms. Wit is not acting in the best interests of her child. White some latitude in her behavior may have been accepted in the past due to ignorance regarding her son's hest interests, Ms. Wilt has been 03/31/2006 15:34 7172639579 LENSBOWER PAGE 02/02 presented with tads regarding her son's beat interests that she seemingly chooses to ignore in favor of her ore hest interests. Her son, Keaton was doing well in counseling with Ms. Wit's and Mr. Avey's endorsement until Ms. Shahmoradi testified in court Listening to Ms. Shahmoradi's testimony in court; it was dear that the aourtselirg was rot moving toward Keaton not seeing his tatter, but rather was making progress in having Keaton accept and transition more smoothly bt hvw Ms. WICs and KwW's father's hones so that a shared physical custody might continue. Ms. Wilt has expressed a desire to have Keston not sae his father, as it was her belief that this would make We betim for all- However, in counseling the opposite was found, when K®heson spent more time with his father, ad/or equal time between his parents with seeming endorsement from his parents, his depression and amdety fifted and his behavior improved significantly. Having Keaton neither depressed nor arudous and able to maintain warm close relatronships with both of his parents seems to be in his hest interests. However, this does not seem likely to occur as Ms. Wit is reportedly more overt in her interference in Keaton's relialionship w0 his fatter. Ms. Wt seams to discount anyone who disagrees wdh her. She roes not seems to understand and/or care that meeting Ksaton's best interests may at times be inconvenient to her or counter to her wants and desires for herself at that time. She does not seem to be able to get past her own feelings regarding Mr. Avey and his family regarding what is best for her son. ft is not a shock that Keaton may not want to always attend therapy. as there is much competition fir a child's interests and time after school. What Is shocking Is that his mother seems to worse his opinion as a viable or accountable decision of his best interests. Ms. Wilt seems to be operating counter to the best interests of her child, Keaton. She appears to be impeding Keaton's access to his father regardless of the kftmatlon she has received concerning the long-term detrimental effects of this practice. Keaton has gore from a who was prospering from counseling and the perceived support of both his parents to a child who rips their hair out and vomits when custody is exchanged. He is also saying and doing things that will Inn fns, with his telationships wth his fatter, stepmother, and half-brother in the futurs if they continue. Ms. Wilt reportedly seems to play on Keafon's fears regarding her health and psychological well-being, The fad that she is showing this lack of regard for Keaton s best interests just prior to the courts custody deasion is also disturbing. In past cases where 1 have seen this behavior in this time frame it is a portent of contemptuous behavior if the courts order does not support the person's position. With this in mind and after review of related research, the court may save Keaton's best interests by moving physical custody to his father with supervised visitation for Ms. Wit until she has satisfactorily completed therapy for her problems, as well as, how to meet the best interests of her son While sharing custody with the other parent At that ere Directed Co-parenting could be utilized to transition Ms. Wk to a more equal physical custody with Keston's fairer. Sincerely. Jeff* nsbowey MS, F=PP P Ced timi schod Psychologist Certified Forensic Cox, Div. Of Psychology rD 0. F19312 PA Licensed Psychologist PS-0=74L 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. DERRICK Y Date: April 3, 2006 DERRICK G. AVEY, Plaintiff/Petitioner V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached document 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: Marylou Matas, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN & III, Esq. Date: April 3, 2006 60 West Pornf t Street Carlisle, PA-17013 717-249-2353 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Derrick G. Avey 6 tl": K O C Cl) I I0° IW? Q a ii ee NO LL a o w N v J (?N O d a H W H H H H h M E O ?wFa y y ? H N N giro i m m a n 4 ? Q W 0 F Z U N Q LL O o S Y J a O in 5 v U) W 0 w a 0 3 w N w N w a d u Nwl, DERRICK G. AVEY, Plaintiff/Petitioner V. ACAMIE LYNN WILT, Defendant/Respondent CIVIL ACTION - LAW 2001-5648 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of April 2006, upon consideration of the Petition for Special Emergency Relief filed by the Plaintiff/Petitioner, the Defendant/Respondent, a hearing is scheduled for April 2006 at M. in Courtroom 5, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA By the Court, M. L. Ebert, Jr., Judge cc: Marcus A. McKnight, III, Esq. Attorney for Plaintiff/Petitioner Marylou Matas, Esq. Attorney for Defendant/Respondent ? r RECEIVED APR 0 3 2009 DERRICK G. AVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of April 2006, upon consideration of the Petition for Special Emergency Relief filed by the Plainfiff/Petitioner, the Defendant/Respondent, a hearing is scheduled for April _, 2006 at _.m. in Courtroom 5, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court, M. L. Ebert, Jr., Judge cc: Marcus A. McKnight, III, Esq. Attorney for Plaintiff/Petitioner Marylou Matas, Esq. Attorney for Defendant/Respondent DERRICK G. AVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY (? a ca PETITION FOR SPECIAL EMERGENCY RELIEF w -, AND NOW, comes the Plaintiff/Petitioner, Derrick G. Avey, by and -c-Wt ough h 0m attorneys, Irwin & McKnight, and files this Petition for Special Emergency Relief as follows: -` 1. The Petitioner, Derrick G. Avey, is an adult individual with an address of 8916 McClays Mill Road, Newburg, Pennsylvania 17240. 2. The Respondent, Acamie Lynn Wilt, is an adult individual who resides in Franklin County, Pennsylvania. 3. hi testimony held on March 9, 2006, before the Honorable M. L. Ebert, Jr., in the Court of Common Pleas of Cumberland County, Pennsylvania, both Jeffrey L. Lensbower, Psychologist, and Angie M. Shahmoradi, Counselor, expressed their concerns regarding the actions by Respondent, Acamie Wilt, in disrupting the counseling of Keaton Wilt with Angie Shahmoradi by missing appointments. 4. Since the March 9, 2006 hearing, the counseling sessions have dramatically changed for the worse. A copy of a letter dated March 31, 2006, from Jeffrey L. Lensbower, Psychologist, is attached hereto and marked as Exhibit "A". 5. The letter outlines the following: a. Angie Shahmoradi reported Respondent, Acamie Wilt, for child neglect for permitting the children to remain in her automobile in the front seat while the engine was running. b. The Respondent's attitude has grown worse toward Angie Shahmoradi and counseling which is also reflected by Keaton's actions against Angie Shahmoradi. C. The Respondent has failed to maintain her Access insurance card which has been paying for the counseling. d. The Respondent is now openly opposed to counseling for Keaton and Keaton's actions have been impacted by his mother's statements and influence. 6. The best interests of Keaton requires that physical custody be transferred to the Petitioner/Father, Derrick G. Avey, and that counseling continue with Angie Shahmoradi 7. The best interests of Keaton require that as long as the Respondent continue discussing the case with Keaton, that her periods of temporary custody be supervised. 8. The Respondent, Acamie Wilt, needs to pay for all the counseling sessions until she reapplies for the Access coverage. 3 WHEREFORE, Petitioner, Derrick G. Avey, respectfully requests this Honorable Court to grant: a. Primary custody of the child, Keaton G. Wilt, to the Petitioner/Father, Derrick G. Avey. b. That the Respondent, Acamie L. Wilt, pay for all counseling sessions until she reapplies for the Access coverage. Respectfully submitted, IRWIN & McKNIGHT By: Marcus A.1?Inight, III, Esq. 6 West Pomfr t Street Carlisle, PA 013 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Dated: April 3, 2006 4 EXHIBIT "A" 03(3112006 15:34 7172639579 LENSSOWER PAGE 01102 Jeffrey L, Lensbower PSYCHMOGIST IF 1970 SmWbnd Awnus GtiawnbeB1m9. PatmyWrils 17201 Tel." (717) 261.11NO I Fax: (717) 28346n March 31, 2006 To Whom It May Concern: Since the dates of my %alimony in the Avey-W lift custody hearing I have maintained contact with Me, Angle Shamarodie, Keaton's counselor at the Mountain Valley Center. The information that Ms. Shamarodie has provided regarding Keaton WiKs counseling is cause for much concern. Ms. Shahnwradi stated that there has been a decline in therapeutic accomplishment because Keaton a refusing to talk to her, Ms. Shahmoradi shed that Keaton rem being afraid to talk to her bemuse what he says to her will end up in court The last session that Ms. Shahmoradi saw Keaton she reported that he was reluctant to go with her to the therapy room for counseling as he had aMrays before. He was reluctant to speak once they were in the ittempy session, and she noted he was mildly aggressive, throwing toys, when issues surrounding the custody were addressed. After the session she talked with Ms. Acamw Witt who informed her that Keaton said OW he does not need counseling and does not want to keep going. When Ms. Shahmoradi said that she did riot think Keaton was old enough to make that decision. Ms. Wilt rued that Keaton did not wart[ to keep coming to counseling and that would be taken care of soon. Ms. Shahmoradi stated being unsure of what that meant, but believed that Ms. Wilt may be ph-Ming on not bringing Keaton back to counseling. Ms. Shahmoradi e)Wressed concern that Ms Wilts and Keaton's behaviors are related to Ms. Shaft tmotadi taming had to file a report with Child protective Services the previous week regarding an incident where Ksaton's brother had been Left in a car unattended with the engine running, was able to place the car in reverse, and ran across In parking tot into a guard rail before someone from the daycare canter nett to them was able to stop the car and pun the child out. This incident happened after Ms. Witt had been told previously not to not leave bolo-[ Keaton or his brother in the front seat of an unattended vehicle with the engine running. Ms. ShahmoradL said she also filed a report regarding Ms. Wits negligence, (after she had been told repeassdly), for not having the children properly restrained in the car on several amens when she brought Keaton to therapy. Ms. Shahmoradt also staled that Ms. Wilt did not keep Keaton's ACCESS card up to data, did not inform Mountain Valley Services of this oversight, and [that his counseling Is not being paid for at present. Ms. Shahmora di is not sure that this is not a means of preventing Keaton from receiving the counseling he needs. Ms. Shahmoradi reported being concerned about the significant decline in Keaton's altitude and behavior, as well as, the decline in his mother's attitude and behavior that has taken place since her tw9mony in court. She stated not feeling support as she had at the beginning of counseling from Keston's mother for the therapy to help Keaton deal with the issues affecting him due to his parent's acrimony. My concems are that Ms- Win has assumed a defensive posture against anyone who challenges her corad over her son's interactions and visitations with his fattier. If this is so, Ms. Wilt is not acting in the best interests of her child. While some latitude in her behavior may have been accepted In the past due to ignorance regarding her son's best interests. Ms. Witt has been 03/31/2006 15;34 7172639579 LENSBOWER PAGE 02/02 presented with facts regarding her son's best interests that she seemingly chooses to ignore in favor of her own best interests. Her son, Keaton was doing well in counseling with Ms. Wffs and Mr. Avey's endorsement until Ms. Shahmoradi testified in court. Listening to Ms. Shahmoradi's tesW=y in court it was clear that the coursekV was not moving toward Keaton riot seeing his father, but n was making progress in having Kaaton accept and transition more smoothy between Ms_ Wilt's and Keaton's father's homes so that a shared physical custody might continue. Ms. Utflt has expressed a desire to have Keaton not see his father, as lt was her belief NO this world make We better for eil_ However, in counseling the opposite was found, when Keaton spent more time with his father, and/or equal time between his parents with seeming endorsement from his parents, his depression and anxiety fined and his behavior improved signifcanffy. Having Keaton neither depressed nor anxious and able to maintain warm dose reletionships with both of his parents seems to be in his best interests. However, this does not seem likely to ow r as Ms. Wilt Is reportedly more overt in her interference in Kestons relationship with his father. Ms. tHM seems to discount anyone who disagrees with her. She does not seem to understand and/or care that meeting Keaton's best interests may at times be inconvenient to her or counter to her wants and desires for herself at that time. She does not seem to be able to get past her own feelings regarding Mr. Avy and his family regarding what is best fir her son. It is not a shor k that Keaton may not wad to always attend therapy, as there is much competition for a child's interests and time after sdwol. Whet is shoddng Is /hat his mother seems to endorse his opinion as a viable or accountable decision of his beat interests. Ms. Wilt seems to be operating counter to the hest interests of her child, Keaton. She appears to be impeding Keaton's access to his fattier regardless of the inforrtsaton she has received connsming the long-term detrimental effects of this practice. Keaton has gone from a who was prospering from counseling and the perceived support of both his parents to a cold who rips their heir out and vomits when custody is exchanged. He is also saying and doing things that will interfere with his relationships with his father, stepmother, aril haf-brother in the future if they continue. Ms. Wit reportedly seem to play on Kwbws fears regarding her health and psychological well-being. The fact that she is showing this lack of regard for Keaton's best intareato just prior to the court's custody decision is also disturbing. In past cases where f have seas this behavior in this time frame it is a portent of contemptuous behavior if the court's order does not support the person's position. With this in mind and after review of related research, the court may serve Keaton's best interests by moving physical custody to his father with supervised visit - for Ms. Wilt until she has satisfadoriy completed therapy far her problems, as well as. tow to meet the best interests of her son while sharing custody with the other parent At that Urns Directed Co-parenting could be utilized to transition Ms. Wilt to a more equal physical custody with Keaton's father. sincerely, Je" nsbowgr, MS, FCICPP P Certified School PsycologM Certified Forensic Counselor, Dir. Of P%vhology ID tk F19312 PA Licensed Psychologist P84M74L 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. i DERRICK Y Date: April 3, 2006 4 DERRICK G. AVEY, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document 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: Marylou Matas, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: April 3, 2006 IRWIN & Marcus A.)119(cKnight, III, Esq. 60 Vest Pam r t Street Aisle, P 17013 717-249-2353 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Derrick G. Avey 6 n A N r O -i m .? 'o m m a Z 1 z -0 9 y r -T, r ;o N Z = N Y 1 D : r O m c W 2 N N N d V H O P Ls7 W NA H y 14 a o of UNIRob r o M S? ' IVA m ? 3 co N w $' ?9 I y m ? K v ?I (? ? I 0 o w w DERRIK G. AVEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. 01-5648 CIVIL ACAMIE L. WILT CIVIL ACTION - LAW DEFENDANT :CUSTODY ORDER OF COURT AND NOW, this 20th day of July, 2006, pending hearing on Plaintiff's Petition for Special Relief scheduled for Monday, August 14, 2006, IT IS HEREBY ORDERED AND DIRECTED that the minor child Keaton G. Wilt, shall continue counseling with Angie Shahmoradi as previously ordered by this Court on April 4, 2006 and that pending further Order of Court, the Defendant, Acamie L. Wilt, shall be banned from attending any further counseling sessions with Angie Shahmoradi and the child. By the Court, M. L. Ebert, Jr., J. Marcus A. McKnight, III, Esquire Attorney for Plaintiff Marylou Matas, Esquire / /y? u l<d y t° Attorney for Defendant bas DO DERRICK G. AVEY, Plaintiff/Petitioner v. i i fi JJ r Jvl : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE LYNN WILT, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this l I t -day of July 2006, upon consideration of the Petition for Special Relief filed by the Plaintiff/Petitioner, the Defendant/Respondent, a hearing is scheduled CAIAwe for ? _Lq, 2006 at 9.'00 -.m. in Courtroom 5, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. By the Court, M. L. Ebert, Jr., Judge cc: arcus A. McKnight, III, Esq. Attorney for Plaintiff/Petitioner X6;iou Matas, Esq. Attorney for Defendant/Respondent ?e J I T w, " DERRICK G. AVEY, Plaintiff/Petitioner V. ACAMIE LYNN WILT, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff/Petitioner, Derrick G. Avey, by and through his attorneys, Irwin & McKnight, and files this Petition for Special Emergency Relief as follows: 1. The Petitioner, Derrick G. Avey, is an adult individual with an address of 8916 McClays Mill Road, Newburg, Pennsylvania 17240. 2. The Respondent, Acamie Lynn Wilt, is an adult individual who resides at 2962 Cook Road, Fayetteville, Franklin County, Pennsylvania 17222. 3. Since the March 9, 2006, hearing, the Respondent has repeatedly insisted on attending all counseling sessions with Angie Shahmoradi. Ms. Shahmoradi has requested that the Respondent not attend any more counseling sessions with Keaton. 4. Jeffrey L. Lensbower has issued a letter dated June 29, 2006. The letter is attached hereto and marked as Exhibit "A" and outlines the following: a. The Respondent has been verbally negative regarding the Petitioner, Derrick Avey and his wife. b. The Respondent publicly humiliated Keaton at a T-Ball game. 2 1 V 41s C. The Respondent has repeatedly confronted Angie Shahmoradi and her supervisors, and they are now requesting that the Respondent not attend any further counseling sessions. d. The best interests of Keaton require that his times of physical custody with the Respondent be supervised. 7. The best interests of Keaton require that the Respondent's periods of temporary custody of Keaton be supervised. WHEREFORE, Petitioner, Derrick G. Avey, respectfully requests this Honorable Court to grant the following: a. That the Respondent, Acamie L. Wilt, be banned from attending any further counseling sessions with Angie Shahmoradi and Keaton. b. That the Respondent, Acamie L. Wilt, be supervised during periods of temporary custody with Keaton. Respectfully submitted, IRWIN & McKNIGHT By: Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Dated: July 13, 2006 717-249-2353 EXHIBIT "A" .Jeffrey L. Lensbower PSYCHOLOGIST Ir 1970 Scotland Avenue Chambersburg, Pennsylvania 17201 1•et (717) 2636370 1 Fax: (717) 263-9579 Progress Update is: c q I ITIa IRVgN & McKNIGHT June 29, 2005 To Whom It May Concern: I am writing to update the parties concerned about the progress in the case of Keaton Wilt Pursuant to the Order of Court, dated April 10, 2006, Keaton Wilt has been in the primary physical custody of his father, Mr. Derrick Avey. There is a visitation schedule stipulated with Keaton's mother, Ms_ Acamie Wilt as well as directions for arrangement of counseling sessions for Keaton, vacation schedule protocols, and appropriate supportive behavior in the interest of Keaton's welfare and adjustment Initial reports from the Avey's and Keaton's teacher indicated a good transition to the change in custody. Soon after the April 10, 2006 Order of Court reports of inappropriate behaviors displayed by Ms. Acamie Wilt (mother) and Mr. Chad Cods (mother's paramour) were presented by Mr. Derrick Avey (father), Mrs. Kyline Avey (step-mother), Ms. Angie Shahmoradi (Keaton's counselor), and others. This behavior includes comments being made to and around Keaton by his mother and her paramour showing a lack of support for the change in custody as well as many continuous, direct comments and actions to negatively influence Keaton's adjustment to the change in custody. This behavior has been reported as occurring in a variety of settings and almost daily since the change in custody took place. Conflmration of this.negative behavior by his mohair and Mr. Cook has reportedly taken place during Keaton's counseling sessions with Ms. Shahmoradi. Not only are the negative behaviors verified, Ms. Shahmoradi and Keaton spend time in counseling developing acceptable means for Keaton to deal with his mother's comments and behavior. According to Mr. Avey, Keaton will tell his mother, "it is not my issue; when she begins to complain about his Stepmother, father, and/or other issues that Keaton is powerless to control regarding the change in custody. Further Mr. Avey reports, instead of Ms. Wilt listening to what Keaton is telling her, she tends to press him harder to agree with what she is saying about his father and/or his family. The April 10, 2006 Order of Court contains a Nonalienation clause which is directly counter to the behavior reportedly exhibited by Ms. Wilt Inappropriate behavior and comments from Ms. Wilt directed toward the Avey's and/or Keaton have been reported by multiple parties both inside and outside of the family. In one of the most extreme cases, which occurred on June 15, 2006, Ms. Wilt's inappropriate behavior and vulgar comments led to her being banned from attending Keaton's T-ball games by the Suburban League. I have attached letters from various individuals who witnessed Ms. Wilt's behavior during the T-ball games and in particular the incident on June I e. The incident of June 15, 2006, while the most explosive in public, is not a single-case incident In fact it was reports of this very same behavior that in part led to a reduction in the custodial time that Ms. Will has with Keaton. On June 19, 2006, several days after the incident at the ball field, Ms. Acamie Wilt contacted me. Ms. Wilt acknowledged the incident on Thursday June Ie, 2006 and the inappropriateness of her behavior and language in front of the parents and children at the bell field. She stated that she should have kept her mouth shut and that she just messed everything up. Ms. Wilt reported that her loss of control over her emotions and behavior soared her and she had sought medical treatment immediately. She reported her physician had placed her on Paxil and Xanax for depression and anger control that she was experiencing due to her loss of custody of Keaton. She reported that she had been taking these medications for several days and was feeling much better in regard to controlling her emotions, temper, and behavior. She expressed feeling as though she had much more patience in her dealings with others. I encouraged her to continue to actively address these problems for Keaton's benefit. She related believing Mr. Chad Cook had seen her much calmer over the weekend just past (June 16, 2006 to June 18, 2006). Ms. Wilt stated she was upset about the possibility of not being able to attend any more of Keaton's T-ball games. She did not like him playing without her being there for him. Ms. Wilt also voiced concerns that had been agitating her since the change in custody and were still aggravating to her (I requested that Ms. Wilt send me her concerns in writing, lt she were able, as I was composing updated information for the court She said she would have this to me by the 2e of June. To date, I have not received them): A. Ms. Shahmoradi will not tell her what is going on with Keaton's counseling. She is not sure she is content with what Ms. Shahmoradi is doing with Keaton. She has requested a meeting with Ms. Shahmoradi's boss to discuss her concerns. She stated the Mountain Valley Center was trying to setup a meeting with Ms. Shahmoradi, her boss, Mr. Avey, and Ms. Wilt regarding the course of the counseling. Ms. Wilt would like to be present for the counseling and have some say in who is doing the counseling. She then asked me if 1 could do the counseling for Keaton. B. Keaton is not allowed to call her or take her calls. She got him a cell phone and Mr. Avey took it away and will not let Keaton use the phone as he wants or when she calls. Ms. Wilt says she asked Keaton why he does not call her and he told her he is not allowed. She does not believe restricting Keaton's contact with her is in his hest interests. C. Ms. Wilt has not been allowed to participate in Keaton's custody exchanges. Mr. Chad Cook and Mrs. Kyline Avey are the ones who often make the custody exchanges and communication. Ms. Wilt said the custody exchanges should be done by Keaton's parents and not the others. She indicated it may work out better for everyone if the exchanges and primary communications regarding Keaton's care were done between her and Mr. Avey. At present, she believes she has too many dealings with Mrs. Kyline Avey and not Mr. Derrick Avey. Even when she does see Mr. Avey, he does not talk much to her. D. Keaton tells her how much he hates being with Derrick (Mr. Avey). She feels bad that Keaton has to go through this just for Mr. Avey's sake. During the course of the telephone conversation, Ms. Wilt accepted no responsibility for past behaviors that led to the restrictions being put in place. A. Ms. Wilt's lack of input and information regarding Keaton's counseling are a result of her inappropriate interference and behaviors in this forum in the past She apparently does not understand that her support of the counseling is important to her son's well being. Ms. Witt constantly calls Ms. Shahmoradi's performance and decisions to supervisory attention, which at this pant appears to be only an attempt to disrupt Keaton's counseling. Ms. Witt appeared to be content with Ms. Shahmoradi's abilities aril skft until Ms. Shahmoradi was required to appear in court and she was not in total agreement with Ms. Wilt regarding the "detrimental effects of Keaton seeing his father.' Since that time, it has been reported that Ms. Wilt has said she would 'terminate the counseling. Ms. Wrlt's behavior since Ms. Shahmoradi was required to testify in the hearing on Keaton's behalf also suggests that she seems to have increasingly impeded Ms. Shahmoradfs efforts with Keaton. B. When Keaton was in her custody, Ms. Wilt stated that it would be better if there were no contact between Mr. Avey and Keaton; she voiced no concerns about any possible negative impact having Keaton's communications with his father limited to non-existent may have on Keaton. However, after the change in custody, Mr. Avey reported giving Ms. Witt multiple daily contacts with her son. It was not until Ms. Will was reported as calling at all hours of the day and night, and so constantly as to impair functioning that Mr. Avey changed his telephone number. Ms. Wilt gave Keaton a cell phone, which Mc Avey reported he allowed Keaton to carry until he was receiving multiple calls per day, and the calls were reported as upsetting to Keaton. Again, it appears that Ms. Wilt's behavior has led to the restrictions imposed by others, which she now rejects. C. Ms. Wilt complains about not being able to complete the custody exchanges in person. Mr. Chad Cook and Mrs. Kyline Avey started making the custody exchanges to reduce the animosity that Keaton saw between his parents. The stress of these exchanges were causing more and more somatic complaints. Having Mr. Cook and Mrs. Avey, and not Keaton's parents, exchange custody seems to have reduced these problems considerably. It is not in Keaton's best interest at this time to have his parents meet alone for custody exchanges. Ms. Wilt is not acting with Keaton's interest at heart in wanting to resume the direct parental exchange. D. There have been no other reports, except that of Ms. Wilt, that Keaton does not want to live with his father. However, Keaton has reported that his mother repeatedly tells him to tell his teacher, his counselor, and others that he wants to five with his mother. Ms. Witt continues in the tendency to announce the way,things are going to be instead of collaborating, or realizing where her boundaries Its in the custodial care and decision making with her child. In other words, Ms. Wilt appears to only assume parenthood when it suits her instead of being a parent who looks out for the best interests of her child regardless of how hard it is on her to meet those interests. On June 26", 2006, Mr. Derrick Avey came to my office and told me he was very upset by Ms. Wilts comments and behavior over the past week. He stated that Ms. Witt told him that Keaton would not be going to T-ball or counseling if she could not be with him. Over the weekend, when Ms. Witt had custody of Keaton, he missed his T-ball game. Mr. Avey said he did not hear from Ms. Wilt to make arrangements for Keaton's transportation to the game since Ms. Wilt was not supposed to be there. Mr. Avey was also not informed by Ms. Wilt that Keaton would not be at the game. When Mr. Avey talked with Keaton about missing the game, Keaton said that his mother had taken him to an afternoon movie instead of to the game. During his visit on June 26, 2006, Mr. Avey also showed me a request from Ms. Wilt for some of her vacation time with Keaton the following week. The court order is specific as to how vacation time is to be requested and scheduled, which includes requesting the time 30-days in advance. Ms. Wilts request was for the following week, which obviously is not the 30-day advance notice for requested time as so ordered by the court. In summary: Keaton appears to be making progress in adapting to the change in custody. Reports indicate that many of the somatic reactions have lessened and his levels of anxiety have significantly reduced. However, Keaton's anxiety raises considerably when confronted and consistently drilled. in negative comments and attitudes about his father, stepmother, and/or others by his mother. In the same vein, Ms. Wilts behaviors have escalated to a far more intense 3 1 ti , rx and detrimental level. Obviously, this behavior is in direct violation of the expectations stipulated in the April 10, 2006 Order of Court. Should this pattern of behavior continue, the negative effect on Keaton's well being would be considerable and any positive gains made may be eroded. Ms. Wilt's custodial time with Keaton should be considered for supervision and dose monitoring. Perhaps directed parent training should be implemented with therapy to not only help Ms. Wilt learn to recognize what is in her son's best interest, but also learn how to work to achieve what is best for her son, regardless of personal biases or feelings. Therapy should be aimed at helping Ms. Witt resolve some of her anger and fear of loss, as well as help her reach for the independence she should be helping Keaton to achieve. Once supervised contact has been established (by an objective third party), Keaton's progress should be monitored. If Keaton is making good progress, more leniency in visitation could be considered after a six to nine month time period. Sincerely, ns , MS, FCICPP -PA Certified School Psydrologist Certified Forensic Counselor, Div. Of Psychology ID C F1t1312 PA Licensed Psychologist PS-006274-L Cc: Marcus A McKnight, III, Esq. Marylou Mates, Esq. Jun 16 06 08:52a ti F 4 " Christ' Rveu 717-532-9293 p.7 *A lot of the times when Keaton gets off the phone he comes to me and says "Fin suppose to tell you something". When I ask him what he says "mommy said I have to tell you that I want to go back to her house". I always ask him what he wants and not feels and not he is supposed to be telling me. Every time he says the same thing that he likes it here and he wants to stay, but his mommy is very mad that we took him away from her. 6/10/06 -Acamie called and said Keaton had wrecked his bicycle and that he was banged up pretty good. Derrick asked if she wanted to take him to the hospital. She said no that he only had a lot of bump and scratches. She said she was only calling to tell him this so he wouldn't hold it against her in court. During this Keaton was screaming and bawling in the background like had just happened. Instead of taking care of Keaton first she called Derrick. 6111/06 -Keaton had called three times in the afternoon asking if he could stay an extra day. When Derrick called back he said he wanted to stay two more days now Derrick said that we had plans and maybe on Thursday he could stay. (We don't trust her in being reliable enough to take him were he needs to go seeming how she couldn't even take him to take him to his eye appointment two weeks ago when she had him for one extra over night) When he told Acamie this she said well then can I pick him up Wednesday morning and having him till Friday. Derrick said he would think about it. When Derrick picked Keaton up he was crying more than he has been in a while now. Each time Derrick had picked Keaton before it was getting better and better. -Later that evening Derrick and I were talking to Keaton about why he was crying and if he did want to stay an extra two days at his mommy's house. He said mommy gave him the phone and told he had to call and ask. He also said that mommy tells him has to cry because Daddy Chad is recording it so his mommy can get him back bike she wants. We asked him what he wanted. He said he was happy with the way it is now and not how it was. He had also made statements that Acamie and Chad are fighting when he was there and yelling a lot and that he didn't like it. He said that they were saying that they hate the United States. He had marks all over his face, forehead, hands and knees from the accident. We asked him what happened and he said he wrecked his bike. We asked him where he had wrecked his bike and he said on the road. Looking at his head you could tell that he was not wearing a helmet because there is a large mark on his upper forehead. (Pictures were taken of his face) We asked him if he was wearing a helmet and he said no. He also said mommy has people coming over to her house that he has to tell them that he wants to stay at our house for one day and live with her the rest of the time. Again, we asked him if that's what he wants and he said no, I like it this way now. Jun 16 06 08:52a Christ' Rvey 717-532-9293 p.8 .'1 w. 6J12/06 -T-Ball game. On the way to T-Ball Keaton vomited again. This is the second time that he has vomited when he knew he was going to be seeing her. When she found out that he had vomited she was saying that it was our fault and that we were the ones doing this to him. She said that she would put a stop to us doing this to him very soon. For the first inning when we were up to bat, Acamie came back and took the glove that Keaton has from our house and said, "here use yours (she handed him his glove and later his bat from their house) and not there's. Theirs is disgusting." So Keaton used the ones that she gave him. I pitched the first inning. The whole time she was in the dugout with him. Keaton is usually one of out best hitters. He couldn't hit the hall so he had to hit off the "T". When he came around to third base, I was still on the pitchers mound, she starting yelling at him "that wasn't your fault Keaton. It was all Chrisy's fault she can't pitch. So don't you worry about it." The second inning in the dugout me and my mom was in there getting the kids ready to bat and she was in there again. This time she was telling him that we're malting him look like a welfare child. She said his clothes was all dirty and that she would never let him look like this. (He was sliding into bases. Then she was telling him that his uniform was awful and that his Marion uniform from last year was so much better looking and that we were trying to turn him into a horrible looking child. (This was in front of all the other kids that had the exact same uniform on. There was one kid that was sitting on the other side of her just staring at her as she was making these comments. I called that kid to come over to me, because I could tell she was upsetting him and he would look at me then back to her. I finally had to go over, take his hand and move him away from her. The other kids were just standing there looking at her because she was being loud and very rude about everything. He also ended up having a spot of food or something on his face and she was telling him how disgusting that was and that she would never let him like that. (She's the one who gives him food during his games, not us) (I know it was meant more for me and not the kids, but it was still done in front of 8 other kids not counting our three (ages 4-6). Then she starting talking about how we butchered his hair (we took him to a hair salon) and that she hated it and that we were trying to make him look like a nasty child. This went one for about 15 minutes. I would have said something, but I know if I did then she would start a big scene and that's the last thing that needed to happen there. I know that's what she wants, but I'm not giving that to her. When we were leaving she got into my vehicle and started telling him don't cry baby". Keaton looked at her and said, "I'm not mommy". She got mad, got out of the vehicle and slammed the car door. She never said bye or I love you to him. *My mom heard Acamie yelling out to Keaton, during the game, to take his hat off. When he did she started laughing really loud and saying look at his hair. See what they did to it. They butchered it. She then kept laughing at him. 6/14/06 -When I asked Keaton if he wanted to call his mommy he said no. I asked him if he was sure that he didn't want to call his mommy. He said again, "I don't want to call her tonight". I asked him if he knew that he would see her tomorrow night at T-Ball and he said yes. (I knew if he doesn't call she will have something to say to him tomorrow night 01: 53a Christ' pvey 717-532-9293 p.9 that's ignorant when she sees him). He said that he wanted to stay with me (Chrisy) tomorrow when his mommy is around. I asked him if he wanted me to go away so he and his mommy could have some time together alone. He adamantly said no. So I told him we were going to talk to Ms. Angie and let her know and be could talk to her about it. Before he went to bed I asked him why he didn't want to call his mommy. He said because she was being mean to him. 6/15/06 - When we were leaving Acamie starting making comments to Keaton that we wouldn't let Keaton call her. She was very ignorant about it. I told her I will put him in the car from now on until the comments stop. (When she puts Keaton in the car she makes ignorant comments and tries to make him cry for about 10-15 minutes in front my Kyla and Dawson too. I had already decided that if she was making ignorant comments to Keaton I was going to put him in the car.) Then she started yelling for me to shut up. She said that I had nothing to do with it I told her I did because she was doing this in front of my kids too. She was using the F-word several times. Then she asked what f'° *ing comments. I said that she was calling him a welfare child and everything else. (the whole time I was calm and was trying to make her understand that she can't be doing this) She said well that's what he is. She said that there was throw up all over him on Monday and that we left him like that. (When Keaton threw up on Monday he threw up in a box. He did not get anything on his clothes at all and lots of people seen him and knows there was nothing on him. Besides she had already started her comments on Monday before she ever knew that he had threw up. When she found out that he threw up, she started saying it was Derrick's and my fault That we had done this to him) I told her to be an adult and walk away. I was at my vehicle trying to get my Home & Garden items that 1 had ordered from the coach's wife. She finally walked away screaming F** this and F** that. I couldn't make out completely what she was saying, but that word was loud and clear around a bunch of 4, 5 and 6-year-olds. Chad came back to talk to me while I was talking with the coach, his wife and the kid's grandparents. He was pretty decent and kept saying that he tries to tell Acamie not say anything in front the kids, but she won't listen. She came back over and started screaming at everyone, even Chad. Chad told her to go home, pack her s*** and get out of his house. She walked away again. Again, she was screaming the F** word and cursing the whole time loud enough for everyone and all the kids (My kids and the team players and she even had her and Chad's son with her) to hear. **Later the same evening. Frank (the coach) called and said that he called one of the board members. For Saturday's game, there will be at least one board member there to escort her to leave. The coach said she is not welcome back to anymore games and that he is filling out a form to have her kicked out permanently. He also said that if any other the other parents say anything to him about what bappened, he will be asking them to write down what they heard too. .tod:50a. Chris9 Hve9 717-532-9293 P.2 From: Frank and Kerri Aguirre To: chrisyavey@earthlink net Date: 6/15/200611:47:55 PM Subject: Per your request... Dr. Jeffery Lensvower, My name is Frank Aguirre and I am the coach for the Guilford Instructional Baseball team and I am writing you this letter in regards to two separate incidents involving Acamte Wilt On June 12, 2006 allegations were brought to my attention by Chrisy Avey regarding inappropriate and abusive language by Acamie Wilt towards Keaton Wilt during the first inning of our game. Statements Acamie Wit made towards Keaton Wit were for him to take off his ball cap in order to put him down in front of his peers about a haircut he received, as well as, comments about him being a "welfare child". These statements were apparently made within very dose proximity of the other players (4-7 year olds) due to Acamie Witt hanging out by the dugout Following my discussion with Chrisy Avey, I remained in the dugout for the remainder of the game in order to observe the behavior of Acarrie Wit. There were no more issues. The second issue took place this evening, June 15, 2006 after the conclusion of our game against New Franklin. I observed Acamie Wilt attempt to proceed in a personal dispute over Keaton with Chrisy Avey in the parking lot directly adjacent to the ball field. Acamis Wilts behavior consisted of the use of lewd and vulgar language toward Chdsy Avey and her family. W great concern is that this behavior was directly displayed in front of many of my players and their families, completely violating all of our morale and ethical values we preach to our players. In addition, my 6 year old son, 4 year old son, 8 month old daughter and my wife were victims by witness to this unacceptable behavior. I have spoken to my Baseball Coordinator and with the support of the Suburban League officers, we will be issuing a rejection letter to Acamie Wit on Saturday, June 17, 2006 if she attends our next game. This ejection letter will ban Acamie Wit from attending our final three games on June 17, June 24 and June 29, 2006. Acamie Wit has violated our Suburban League rules: IX J. "absolutely no profanity shall be tolerated from anyone on or in the vicinity of the playing field°. 1X K. Wo one, except managers and their staff, are permitted in the player bench area". IX L d.a) No person may make derogatory remarks or any remark in poor taste toward a player, c) use ill mannered language, d) Employ words or actions for the obvious purpose of distracting a player. 1) (2. unruly conduct. Respectfully, Frank Aguirre file://C:Wocuments and Settiogs\HP OwnerEocal Settings\Temp1A7979964-0CA7-468C... 6116/2006 B:Sla Christ' Rvey 717-532-9293 4 . ragcPa va i From: LARRY HAUSE To: chrisy Date: 6/15/2006 10:36:38 PM Subject: problem after t-ball 6-15-06 7:15 PM WE ALL WALKED TO CHRISY'S CAR AFTER T-BALL: CH MSY TOLD AKEMI THAT SHE WAS PUTTING KEATON IN THE CAR, AKEMI RIGHT AWAY TOLD CHRISY DONT START ANYTHING.SHE WAS MAKING FACES AT HER AND KEPT TELLING CHRISY TO SHUT UP AND NOT TO START ANYTHING SEVERAL TIMES GETTING LOUDER EACH TW E.I SAID TO CHRISY JUST GET IN THE CAR AND LEAVE. THATS WHEN AKEMI STARTED TO TELL ME TO SHUT UP AND THAT I HAD NOTHING TO DO WITH THAT. I SAID:YES I DO, MY GRANDDAUGHTER IS IN THE CAR AND SHE CAN HEAR YOU.AFTER TELLING ME TO SHUT UP AGAIN SHE ALSO TOLD CHRISY SHE HAD NOTHING TO SAY ABOUT KEATON,THAT IT WAS ONLY BETWEEN HER AND DERRICK. AFTER THAT SHE TOOK OF CUSSING LOUDLY. I COULD NOT UNDERSTAND EVERYTHING AKEMI SAID, BUT I DID HEAR THE F-WORD SEVERAL TIMES. THIS WAS AFTER THE T-BALL GAME WHICH MEANS THERE WERE A LOT OF 4 - 7 YEAR OLD CHILDREN WITHIN EARSHOT AND SOME YOUNGER ONES. ROSEMARIE K. HAUSE Do You Yahoo!? Tired of Spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com file://C:1Documerns and SettingsUIP Ownetq"Al Sett1np\Temp1EI96B0E5- iDBA4093... 6/15/2006 m ??W a a 4 ?o8:50a Chris five 17-532-9293 p.3 rage i or 1 From: gravie@comcast.net To: chrisyavey@earthlink.net Date: 6/15/2006 8:10:56 PM Subject: Ballgame I was appalled by the behavior of Keaton's mother at the Little League game tonight. The swearing and yelling in front of Keaton and all of the children is uncalled for. Many people stopped to stare at her. It was obvious that they did not approve of her behavior or her language. What was equally sad is that she told Keaton to pull in the lower lip. Obviously the woman was totally clue less that it was her behavior that was causing the protruding lower lip. If she cannot control herself, I feel she should be banned from all future events in which Keaton participates. Dawson even called for Nanny Avey. When I went to him, he wanted to know what "that lady" was saying. Her behavior is a bad influence on all of your children. I hope some action can be taken to prevent this in the future. Love. Karen ??c1 cIcJ 1ti1G1?1`? file://C:\Documents and Settings Owner\Local Settings\Temp105553C3D-DE4D46C.- 6/15/2006 '18 06 09:51p Chri, pvey Thursday, June 15' 2006 717-532-9293 I received a phone call from Clad Cook ad approximately 8:00 PM He called because he was concerned about Keaton. Chad was concerned about Keaton because he knew that Keaton would be upset due Acamie's (Keaton's motber) violent outburst at the T -ball game this evening. Chad eAwd me to gat Chft (Kyline Avey) to call has so he cart find out bow Keaton was doing. Chad explained that it was every, very bad situi ion. Chad went on to say that he tried to get Acemie to stop hollering and cursing and acting like that in front of all the children, but he was unable to stop her. He also stated that he bells her that she should not act and talk ltlw that around the kids. Chad went on to say that Acamie left and he was unable to @o to work that night became he bad no-one m watch their son Damn. My concern is the detrimental effects that this has on Keaton, my other grandeh fteen, and the children around her. You can try to explain this situation io the children, but you can never remove the memory of that violent and vulgar outburst franr their minds. The children are at T-ball to have fim, ]earn social skills and good moral behavior. Aeamie does not teach, show, or practice any of these. Instead she instills fear and mistrust into the children. Sincerely, / ? - p.3 Jeffrey L. Keefer X19 06 09:51P Chri-- Rvey 717-532-9293 2 Page 1 or 1 From: Kyline Keefer To: Chrisy Avey Date: 6/16/2006 10:02:57 PM Subject: My Observation at T-Ball Dear Chrisy, Here is what I saw and heard at last Monday's T-Ball Game. Love Mom. The following are my observations made at the T-Ball game at Greenvillage. Monday June 12, 2006 T-Ball at Greenvillage Acamie, Chad, and Daton came to the game. Acamie came back to the dugout (where the players sit when it is their turn to bat) and said to Keaton, "look at the way you are dressed, you look like someone on welfare. Look at your pants.". ( He was in his uniform, which was clean and had a little dust on from practicing out in the field). Acamie made Keaton use his baseball glove from her house. She went on to tell Keaton, "Look at you boy, you are filthy (He was not filthy. He was clean and he had a clean uniform on) '`You know I hate that." While Keaton was in the field on 3rd base, Acamie was talking very loudly about the "butchered hair out Keaton had". Acamie hollared at Keaton and said, "Keaton, take your hat off." She went on to say loudly, "look at that hair, it is all butchered up." Then she laughed loudly. When Acamie was placing Keaton in the car seat in Chrisy's car, she said in a whiney baby voice, "Don't cry Keaton (Keaton was not crying and was not even upset looking). Keaton said to Acamie, (sounding slightly irritated at her comment) "I'm not Mommy." Acamie got angry, did not say goodbye or I love you, she did not hug or kiss Keaton. Instead, she slammed the door shut. Sincerely, V. Kyline Keefer fileWCADocuments and Scuh*slHP_OvmerU ocal SetdngstTemp\UMAFAD-9C25-4B4.._ 611612006 18 06 09:51p Chri • Rvey Sunday, Jame I8°i 2006 717-532-9293 I have real concerns about Acamie L. Wilt being around my family. Since the incident at the T-Ball game on Thursday, June 15'x. Two of my grandchildren, have expensed being upset and having concerns of safety. Yesterday, Satttaday June 171h, Kyle (My granddaughter who is 7 years old) told me that she was scared that Keaton's mom, Acamie was going to hurt her mommy (t hdsy) on the last day of T-Ball. I questioned her aS to why she was concerned about that She said , "Because Acamic was hollering loud at my mommy at the T-Ball gamy and I am afraid that she is going to hurt my motmny.° I tried to reassure her that Acemie would not hurt her mommy. Ithentold Cbrisy so she could talk to her and help her feel safe. Today, Sunday.Tune le 2006, Keaton (My 6 year old step-grandson, Aranie's son) voiced concerns about the situation at the T -ball game. He went oa to say that be was wrorned about mommy, because his odor mommy hollered at her at the V all game. I explained to him that everything will be alright I informed Chrity that Keaton was also upset about the episode at T-Ball so she could talk to him and reassure him that everyyth&% will be alsigbt Truth be known, I too worry about the safety of Chrisy, Keaton, and the rest of the family. Acamie has proved to me to be an unstable adult with her own agenda which does not seem to include being a mother to her son. I have been ignoring the nasty, ignorant comments that she has to, toward, about and around her son (my graudsoa), Chrisy (my daug)rter), aril the nasty, rude behavior around other children. I have watched her whisper to Keaton mid witnessed his demeanor fall. I have seen her hold her love from Keaton becauuse he did not do what she wanted him to do (Not crying when he was leaving her to go home with Chrisy) and I heard her making fun of Keaton. It is a mother's job to build selfesteem, not destroy it Her love for him seems to be conditional instead of unconditional. Las well as my busband, feel helpless in this situation. We are watching this woman try and destroy her own son and cause very st essfid situations out of things that are suppose to be enjoyable. Sincerely, V. Kyline Keefer p.4 r 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. bgkkiCK Y Date: July 13, 2006 r DERRICK G. AVEY, Plaintiff/Petitioner V. ACAMIE LYNN WILT, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document 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: Marylou Matas, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN & A. MAtnight, III, Esq. Date: July 13, 2006 F est Porn Street lePA 013 4 53 Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Derrick G. Avey 5 (0 DERRIK G. AVEY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2001 - 5648 ACAMIE L. WILT : Civil Action - Law Defendant : In Custody PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance as attorney for Acamie L. Wilt. Date: 15/9 /0(? l- J1? i Mary atas, Esquire Saidis, wer & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 ? "Ci C?+ ?' I.n_ r ._- m ? ?? J ;' ?t? iti ??? ?(° ?' ?f G: ? . f? `> ?- `?, . . [`.3 C .a DERRICK G. AVEY IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY. PENNSYLVANIA No. 2001-5648 ACAMIE LYNN WILT Civil Action -Law Defendant : In Custody PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of: -Pori. 4k£. de_Z_ud.a-? McShane & Hitchings, LLC 4811 Jonestown Road Suite 125 Harrisburg, PA 17109 Supervising Attorney: Joseph L. Hitchings Respectfully submitted, cShane & Hitchings, LLC oseph L. itc s,. uire McShane & Hatchings, LLC 4811 Jonestown Road, Suite 125 Harrisburg, PA 17109 (717) 657-3900 Attorney I.D. #65551 . 4 DERRICK G. AVEY : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5648 ACAMIE LYNN WILT Civil Action -Law Defendant : In Custody Certification of Service I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below which service satisfies the requirements of Pa. R.A.P. 121: Via First Class Mail: Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney ID # 84919 Dated: August J-0 , 2006 J seph L. Hitchings, sq re McShane & Hitchings, 4811 Jonestown Road, Suite 125 Harrisburg, PA 17109 (717) 657-3900 Attorney I.D. #65551 Marcus A. McKnight, III, Esquire Irwin & McKnight W. Pomfret Professional Building 60 West Pompet Street Carlisle, PA 17013 Q o °r- c; rnT + ? .. rte.. \.. `• i? i x cxi ? F:?J DERRICK GLEN AVEY, Plaintiff V. ACAMIE LYN WILT , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 01-5648 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of August, 2006, the Court being advised that the parties have reached a tentative agreement in this matter, IT IS HEREBY ORDERED AND DIRECTED that counsel for the parties shall submit a proposed Order of Court allowing the Mother supervised visitation approximately three times per week. IT IS FURTHER ORDERED AND DIRECTED that Acamie Wilt will not attend or in any way interfere with the counseling sessions of the child, Keaton G. Wilt, being conducted by Angie Shahmoradi. By the Court, Marcus A. McKnight, III, Esquire For the Plaintiff Xoseph L. Hitchings, Esquire For the Defendant ..O fts., . mtf JvvA)or ` O? '?? -L U?A - / M. L. Ebert, Jr., J. SC :11 HV I'll 9AV90oz A'WONOHi0d'd 3HI JO 30ldan_-C_f31U AU. DERRICK G. AVEY, PlaintifVPetitioner V. ACAMIE L. WILT, Defendant/Respondent tti AND NOW, this A S day of September 2006, based on the agreement of the parties, it is ORDER OF COURT hereby Ordered that: 1. Primary physical custody of Keaton G. Wilt, born April 30, 2000, age 6, will continue with the father, Derrick G. Avey. 2. The mother, Acamie L. Wilt, will have periods of supervised custody of Keaton G. Wilt at the Salvation Army located on Lincoln Way in Chambersburg every Wednesday evening from 8:00 p.m. to 9:30 p.m. until further Order of Court. These periods of supervised custody began on September 13, 2006. 3. The parents will have shared legal custody of Keaton G. Wilt. 4. The counseling of Keaton G. Wilt will continue with Angie M. Shahmoradi, LSW of Mountain Valley Center for Human Services. The counselor will provide the parents and their legal counsel with regular progress reports of Keaton's counseling sessions at intervals of at least every six (6) weeks. 5. The mother, Acamie L. Wilt, will not attend or in any way interfere with the counseling sessions of Keaton G. Wilt, being conducted by Angie M. Shahmoradi, LSW. 6. A status conference will be held on the da"dday of November, 2006 atQ, 3b A .m. to review the progress of the supervised visitation. By The Court: cc: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2001-5648 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY S I um? V M. L. Ebert, Jr., Judge Xarcus A. McKnight, 111, Esquire Attorney for Plaintiff/Petitioner aoseph L. Hitchings, Esquire -%? Attorney for Defendant/Respondent cFj N `Inv A, j UYY DERRICK G. V. ACAMIE LS CY, : IN THE COURT OF COMMON PLEAS OF intiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-5648 CIVIL TERM WILT, endant/Respondent IN CUSTODY PETITION FOR SPECIAL EMERGENCY RELIEF AND N W, comes the Plaintiff/Petitioner, Derrick G. Avey, by and through his attorneys, Irwin & McKnight, and files this Petition for Special Emergency Relief as follows: 1. The Peti ioner, Derrick G. Avey, is an adult individual with an address of 8916 McClays Mill Road, Newburg, Pennsylvania 17240. 2. The Road, Faye This appointed A August 31, The n counseling si s ondent, Acamie Lynn Wilt, is an adult individual with an address of 2962 Cook ii le, Franklin County, Pennsylvania 17222. 3. s is currently governed by an Order of Court dated September 15, 2006, which i M. Shahmoradi, LSW of Mountain Valley Center for Human Services. On Angie M. Shahmoradi resigned from Mountain Valley Center. 4. n r child in this case, Keaton G. Wilt, born April 30, 2000, has been without August 31, 2007. 2 5. Follow- g weekend custody with the Defendant/Respondent, Keaton has exhibited signed of distress and depressi 6. The Peti ioner requests that Jeffrey Lensbower, Psychologist, 1970 Scottland Avenue, Chambersburg, Pennsylvania be appointed to provide counseling to said minor child with regular reports t the parents. RE, Petitioner, Derrick G. Avey, respectfully requests this Honorable Court to grant: a. ThJeffrey Lensbower, Psychologist, be appointed as counselor for Keaton G. Wilt. Respectfully submitted, IRWIN & McKNIGHT -<f Marc s A. t, Esq. st Pomfret Street Carlisle, PA 17013 717-249-2353 me I.D. M 25 Attorney for the Plaintiff/Petitioner Dated: October 24. 2007 3 EXHIBIT "A DERRICK 0. AVEY, PlaintifVPetitioner V. ACAMIE L. WILT, Defendant/Respondent 2001-5648 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT 1'1 AND NOW, this )? Xday of September 2006, based on the agreement of the parties, it is hereby Ordere4 that: 1. Prima physical custody of Keaton G. Wilt, born April 30, 2000, age 6, will continue with the fathe Derrick G. Avey. 2. The m ther, Acamie L. Wilt, will have periods of supervised custody of Keaton G. Wilt at the Salvatio Army located on Lincoln Way in Chambersburg every Wednesday evening from 8:00 p.m. to 9 30 p.m. until further Order of Court. These periods of supervised custody began on September 13, 2006. 3. The pa?ents will have shared legal custody of Keaton G. Wilt. 4. The co nseling of Keaton G. Wilt will continue with Angie M. Shahmoradi, LSW of Mountain Vall y Center for Human Services. The counselor will provide the parents and their legal counsel ith regular progress reports of Keaton's counseling sessions at intervals of at least every six (6) eeks. 5. Themother, Acamie L. Wilt, will not attend or in any way interfere with the counseling sessions of Kelton G. Wilt, being conducted by Angie M. Shahmoradi, LSW. 6. A statui conference will be held on the Wday of November, 2006 at 9-30 aL-.m. to review the p?ogress of the supervised visitation. By The Court: cc: Marcus McKnight, III, Esquire ?ttornev for Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA P- - 94-4d A. S M. L. ert, Jr., Judge Joseph L?Hitchings, Esquire ttorney for Defendant/Respondent TRUE C^o%e RECORD in Testimony vrnm r-c`, a he seal t.• t my had l Q o; sa; (-a iis!e Pa. PfDth0wtarv 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 ?alse statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. i i DERRICK G. kVE-Y Date: October 24, 2007 4 DERRICK G. VEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2001-5648 CIVIL TERM ACAMIE L WILT, efendant/Resnondent IN CUSTODY CERTIFICATE OF SERVICE I, Marc s A. McKnight, III, Esquire, hereby certify that a copy of attached document 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: Joseph . Hitchings, Esq. McShan e & Hitchings, LLC 4807 Jo estown Road Harris are. PA 17109 IRWIN &,McKNIGHT Mar . McKni II, Esq. 60 es Pomfret Street Carli PA 17013 717-249- Attorney I.D. #: 25476 Attorney for the Plaintiff/Petitioner Derrick G. Avey Date: October !.5.2007 5 V / Aim fti> f? { t DERRICK G. AVEY, PLAINTIFF ACAMIE L. WILT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 2nd day of November, 2007, upon consideration of the Petition for Special Emergency Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendant will file an answer to this petition on or before November 21, 2007; 3. A copy of said answer will be filed with this Court; 5. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, a hearing will then be scheduled. By the Court, )?, . ?A M. L. Ebert, Jr., J. Marcus McKnight, Esquire Attorney for Plaintiff (2nrl V-S rn ?a t. LL Joseph L. Hitchings, Esquire > o7 Attorney for Defendant bas ?/Y) _ ?ls LNZ r DERRICK G. AVEY, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner CIVIL ACTION - LAW VS. 2001-5648 CIVIL TERM ACAMIE LYNN WILT, IN CUSTODY Defendant/Respondent ANSWER TO PETITION FOR SPECIAL EMERGENCY RELIEF AND NOW, this " I S. day of November, 2007, comes the Defendant/Respondent, Acamie Lynn Wilt, by and through undersigned attorneys, McShane and Hitchings, LLC and Joseph L. Hitchings, Esquire and answers Plaintiff's Petition for Special Emergency Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Defendant/Respondent has no knowledge concerning the averments of Paragraph 4, so proof thereof is demanded. By way of further answer, Plaintiff has not kept the Defendant informed concerning the minor child's counseling, nor was she aware that he has been without counseling for over two (2) months. Defendant believes and therefore avers that it is not in the minor child's best interest for the Plaintiff not to have taken immediate steps to see that counseling was provided to him pursuant to the Court Order. 5. Denied. To the contrary, the minor child has advised the Defendant that he wishes he could reside with her. 6. Denied. Due to the fact that Jeffrey Lensbower testified at the custody trial in this matter essentially on the father's behalf, Defendant believes he is not in a position to serve as an impartial counselor to Keaton, and therefore she requests that a neutral third party be appointed to provide counseling services. Moreover Defendant believes that she will not be able to play a role in her son's counseling if Mr. Lensbower is appointed. WHEREFORE, Defendant/Respondent, Acamie Lynn Wilt, respectfully requests that this Honorable Court enter an Order appointing a neutral counselor for Keaton G. Wilt, or in the alternative direct that the parties through their counsel agree on a neutral counselor. Respectfully submitted, McShane & Hitchings, LLC 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 717-657-3900 Attorney I.D. #65551 Attorney for Defendant/Respondent Rs Yate/Time NOV-20-2007JUE) 19:54 ,_11/2;,./2007 19:06 FAX 7172632710 STAPLES-274 7112632710 VERIFICATION -I, Acamie Lynn Wilt, verify that the statements made in this Answer to Petition for Ewagency Special Relief are true and correct to the best of my knowledge:. I unrerscnd that false statements herein are made subject to the penalties of 18 N.C.S. § 49(4 re:;ating to unworn falsification to authorities. P. 001 Q001 7 Date Acamie L ' t DERRICK G. AVEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner, : vs. CIVIL ACTION - LAW ACAMIE LYNN WILT 2001-5648 CIVIL TERM Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Joseph L. Hitchings of McShane & Hitchings, LLC, Attorney for the Defendant/Respondent, Acamie Lynn Wilt, do hereby certify that I served a true and correct copy of the attached Answer to Petition for Special Emergency Relief, by United States Mail, First Class, postage prepaid upon the individuals listed below: Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Respectfully Submitted, MCSHANE & HITCHINGS, LLC Date: T? !z , /0 -7 By: 4 4, eph L. Hitc i' gs, Es ire /-Attorney for Plaintiffs Supreme Court ID# 65-551 4807 Jonestown Road, Sul 4: Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717) 657-2060 a O -n -TJ c:l - Fri " ,? ('. -OM DERRICK G. AVEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL ACAMIE L. WILT CIVIL ACTION -LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 26`" day of November, 2007, upon consideration of the Plaintiff's Petition for Special Emergency Relief and the Defendant's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that a brief hearing will be held on this matter on Friday, January 18, 2008, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that pending the hearing, psychologist Jeffrey Lensbower will be appointed as counselor for Keaton G. Wilt. Should the parties agree upon a new counselor, they shall advise the Court of their stipulation. The Court will enter the appropriate order without necessity of the scheduled hearing. By the Court, ltkl?? AV, M. L. Ebert, Jr., J. arcus McKnight, Esquire A Attorney for Plaintiff oseph L. Hitchings, Esquire Attorney for Defendant bas ?o I Z --Z 14d 9Z AON LODZ J? 1G ti' i E. D'ii ?o 3 I±41C'7 311 DERRICK G. AVEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 01-5648 CIVIL ACAMIE L. WILT CIVIL ACTION - LAW DEFENDANT CUSTODY ORDER OF COURT AND NOW, this 18th day of January, 2008, upon consideration of the Plaintiff's Petition for Special Emergency Relief, the Defendant's Answer thereto, and after conference with Counsel, IT IS HEREBY ORDERED AND DIRECTED that Steven Rager of Summit Health Services shall be designated as counselor for the child, Keaton Wilt. Counselor Rager shall file quarterly written reports with Counsel regarding progress of the child in counseling. IT IS FURTHER ORDERED AND DIRECTED that given the fact that this counseling will be covered by insurance, it is agreed between the parties that they each shall pay % of any required co-payments. Marcus McKnight, Esquire Attorney for Plaintiff Joseph L. Hitchings, Esquire Attorney for Defendant bas du mzr rLsc. i?az?o8 By the Court, ?-A, ?AA.v M. L. Ebert, Jr., 0 J. ~, ~ ' DF.,RRICK G. AVEY IN THE COURT OF COMMON PLEAS OF PLAINT]FF CUMBERLAND COUNTY, PENNSYLVANIA ~~ 2001-5648 CIVIL ACTION LAW AC.AMIF, LYNN WILT DI~:FENDANT [N CUSTODY ORDER OF COURT .AND NOW, _ _` Wednesday, June 30, 2010 ,upon consideration of the attached Complaint, it is hereby dircctecl that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 27, 2010 at 10:00 AM for aPre-l-leaning Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the isst-es to be heard by the court, and to enter into a temporary order. Failure to ~~ippear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, EsQ'_~aj _ Custody Conciliator ~~~~ --~~ "i~he 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 N0T HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO UR TELEPHONE THE OFFICE SET F~OIZ"i~i-1 BI~L011-' TC) F1ND OUT WHERE YOU CAN GET LEGAL HELP. N nn----__'' ~~`Q~'umberland County Bar Association C o c..l~'• LO ' 3©~ t ~ ~ ` ~,~ 32 South I3edlbrd Street m ~ ~ ~-n 't'om ~ ~ Carlisle, Pennsylvania 17013 ~'-: w `r~ ~,d Telephone (717) 249-3166 ~~=: o .a ~ . 30. ~~ /c.~~'~. ~ to d co M~ l~ ~ • 3O • i+o ~ `~- DERRICK G. AVEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff v. No. 2001- 5648 Clvii, TERM . ~ c o ACANIIE LYNN WILT ~-< <~ =~ t-- ~`' __ ~.._ _ ~ _-, `~ _, t.y-; .I Defendant IN CUSTODY - -b ~:. '~ ~~ _ :: (p ~ PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appeazance on behalf of the Defendant in the above matter, representing her regazding Plaintiff's Petition for Modification of Custody. DATE: July 29, 2010 PA Id # X5787 674 St ver Court Hummelstown, PA 17036 Tel: (717) 982-1532 ESQ a AUG 0 g 2010 DERRICK G. AVEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2001-5648 CIVIL ACTION LAW ACAMIE LYNN WILT Defendant IN CUSTODY ORDER OF COURT AND NOW, this 91h day of ~ V q ~ ~~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother shall contact the Child's counselor, Steven M. Rager, to schedule an appointment to address issues relating to the Child and the need for supervised periods of custody. The Mother shall also obtain from the counselor a referral for parenting classes as recommended by the counselor for the Mother. 2. The Mother shall attend regular parenting classes as recommended in Steven Rager's July 28, 2010 report. 3. The Mother's periods of custody with the Child shall be supervised by an agency or individual acceptable to both parents until such time as Steven Rager recommends that supervision is no longer necessary. The Mother shall be responsible to make the arrangements for supervised custody and the Father shall cooperate by making the Child available at those times. The Mother may make arrangements for the maximum amount of supervised custodial time permitted by the agency selected. The Mother may be accompanied to periods of supervised custody by her son and boyfriend if permitted by the supervisor. 4. The parties shall obtain updated written recommendations from Steven Rager by the end of August addressing the supervision issue. After obtaining the updated recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, {^J L:.:J ., r M. L. Ebert, Jr. _ - .~ cc: / Abraham Prozesky, Esquire -Counsel for Mother _ ' ~ ~~ -' '-'= Marcus A. McKnight III, Esquire -Counsel for Father ~:_~ _ =. ~ ~,;, r , ~~ :rJ w ~', .. DERRICK G. AVEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ACAMIE LYNN WILT Defendant 2001-5648 CIVIL ACTION LAW IN CUSTODY Prior Judge: M. L. Ebert, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Keaton G. Wilt April 30, 2000 Father 2. A custody conciliation conference was held on July 30, 2010, with the following individuals in attendance: the Father, Derrick G. Avey, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother Acamie L. Wilt, with her counsel, Abraham Prozesky, Esquire. 3. The conciliator recommends an Order in the form as attached. ~o~ v Date Dawn S. Sunday, Esquire Custody Conciliator .L- --DERRICK IG. AVEY vs. ACAMIE I 1 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2001-5648 CIVIL ACTION LAW C YNN WILT -vim Defendant IN CUSTODY M N - uA ORDER OF COURT NOW, this ?. day of ?t C?1 20,1, ?n of the attached Custody Conciliation Report, it is ordered and directed as follows: prior Orders of this Court shall continue in effect as modified by this Order. Crn C--)° z c-s q ion 2. addition to her weekly supervised periods of physical custody at the Salvation Army, the Mother sha 1 also have periods of supervised custody during the interim weeks for a minimum of two hours with he Maternal Grandmother, Sharon Wilt, providing the supervision at all times. The parties shall make angements for the Mother to have custody of the Child to celebrate the Child's birthday. 3. After the Mother has expanded periods of supervised physical custody as set forth in the prior provision for a period of at least a month, the Mother's supervised periods with Sharon Wilt may be expanded further by agreement between the parties on the condition that the Child's counselor has not identified any detrimental effects on the Child. 4. ursuant to the Order of this Court dated January 18, 2008, the Child's counselor, Steven Rager of ummit Health Services, shall file quarterly written reports with counsel for the parties regarding t e Child's progress in counseling. 5. 4t, ace D'Alo, Esquire is appointed to serve as Guardian Ad Litem for the minor Child, Keaton G. born April 30, 2000. The parties shall equally share the costs/fees of the GAL. 6. The parties agree that the Mother may consult with a pediatric mental health professional to review the hild's treatment in the current counseling and the Father shall sign any necessary consent forms. T e Mother shall provide copies of any reports issued by the pediatric mental health professions to the Father promptly upon receipt or shall request that the professional provide the reports directly to the Father or his counsel. 7. The parties agree that they will cooperate in scheduling an MRI for the Child as ien d by the Child's physician. 8. The parties shall cooperate in contacting the Facebook authorities and the legal authorities to determin who created the Facebook page for the Child and to have it removed. If the parties are unable to coordinate their efforts, each party shall contact the Facebook authorities and legal authority and shall provide written confirmation thereof through counsel. 9. Neither party shall establish or permit a third party to establish, a Facebook page for the Child with ut the prior written consent of the other parent. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference The parties may modify the provisions of this Order by mutual consent. In the absence of mutual con ent, the terms of this Order shall control. BY THE COURT, ?k-t U3, V M. L. Ebert, Jr. J. cc: A. McKnight III, Esquire - Counsel for Father n Prozesky, Esquire - Counsel for Mother COPOS n _ rwd DERRICK G. AVEY ACAMIE I Prior PROCED 1 follows: VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-5648 CIVIL ACTION LAW WILT Defendant M. L. Ebert, Jr. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 1915.3-8, the undersigned Custody Conciliator submits the following report: pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Keaton G. Wilt April 30, 2000 Father 2. custody conciliation conference was held on April 8, 2011, with the following individuals in attendan e: the Father, Derrick G. Avey, with his counsel, Marcus A. McKnight III, Esquire, and the Mother, Acamie Lynn Wilt, with her counsel, Abraham Prozesky, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date 1 g, )01/ Dawn S. Sunday, Esquire Custody Conciliator