HomeMy WebLinkAbout99-00786 (2)
JUDY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY, PENNSYLVANIA
NO. 99-786
v.
DONALD ALLEN,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this [ 01'''' day of _I'Y]IA(Ch , 1999, upon consideration of the
attached Petition to Modify, it is hereby directed that the parties and their respective counsel
appear before
1"1', ~ huE-[
L If,c.. VI!J<', t~ ' the conciliator, at
on the :);)cx.\ day of .Ap6 \ ,1999, at
~'()J. 5. l81h il (OMf-\!'d\,
~.M., for a Pre-hearing Custody Conference, At such conference, an effort will be made
to, resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the
issues to be heard by the court and to enter in to a temporary order. Either party may bring
the child/children who is/are the subject of the custody action to the conference, but the'
child's/children's attendance is not mandatory. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
, For the Court,
By: ~ ~g~f;fd e~.
Custody Conciliator' , ~
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE,
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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custody of Mother. She feels Father is mainly shopping around for
an additional opinion, in what she feels is a vain hope to nUllify
the expected testimony of the children's counselor, Gail Quatroche,
and the eXisting evaluator, Deb Salem.
11. It is respectfully submitted that the testimony of
the present evaluator, as well as the children's counselor, Gail
Quatroche, would give the Court more than adequate expert testimony
upon which to base any decision which it should make.
12. It is important to note that the sUbject minor
children are doing extremely well in their mother's care. They are
involved in church and Sunday School activities, and they are both
receiving predominantly A's in school, as more fUlly set forth in
the attached report cards, marked Exhibits "n" and "E".
13. It is respectfUlly submitted that Father has gone to
great lengths to attempt to disrupt and otherwise hurt Mother since
the separation, and it is felt that the request for an additional
custody evaluation is merely a manifestation of this continuing
desire.
14. Mother respectfUlly submits that it is in the best
interests of the parties, as well as their subject minor children,
that this case proceed to trial before this Honorable Court, as
qUickly as Possible, without the stress and trauma of an additional
custody evaluation. This is based on Mother's sincere belief that
it is in the best interests of the subject minor children that the
custody case be decided as qUickly as possible, without further
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Don described several reasons why .Judy left him and filed for divorce. He
listed "family stressors, being fired from his work at the funeral home, the loss
of financial security and their ongoing arguments." He added that Judy had
comphiints about his sexual functioning assumed that he was struggling with
his sexual orientation. He denied such and said that he had been having a lot of
physical difficulty that affected sexual performance as well as the emotional strain
and "coldness" on Judy's part.
In conclusion, the two parties agreed that their ten year marriage was
fraught with a lot of tension and distress. This included Don's alcoholism, for which
he was successfully treated, a series of disagreements due to their family
backgrounds, financial problems and sexual difficulties. They further agreed that
the adoption of their two daughters was the most successful element of their
marriage. According to Don, the marriage ended abruptly and was indicative
"escapist" behaviors evident at other times in Judy's life. According to Judy her
reason for ending her marriage was a series of financial difficulties as well as
ongoing arguments between she and Don.
FINDINGS
Findings reported in this section are the result of a volume of raw data,
which is available upon request. Additionally, findings reported in this section have
incorporated the results of psychological tests completed for Dauphin County
Social Services for Children and Youth, via Hempfield Counseling Associates, 405
Main Street, Landisville, P A 17538. The combined team of Nicholas A. Pappas,
PhD, (PA Licensed Psychologist), and Howard S. Rosen, PhD, (PA Licensed
Psychologist) completed the testing. Further, the test results were acquired through
the signatnre and legal release of all parties to this evaluation. Please contact this
office with any questions.
Judv Allen Crowell
Judy is a 51-year old married white female separated and seeking the final
divol'ce from Donald Allen to whom she was married for almost ten years. In the
course of this evaluation she was employed part-time as a clerk/waitress, but has
recently moved to the Lemoyne area where she will be working part-time as a
licensed practical nurSe in'il nursing home and rehabilitation center. She is a high
school graduate and has completed a diploma program in licensed practical nursing,
and is licensed in both Washington, D.C. and Pennsylvania. In addition to her
training as a licensed practical nurse, she took course work in general studies
at Columbia University in New York City between 1970 and 1972.
Judy is the third oldest of seven children born to Helen Elizabeth Crowell
and Jewels Edmond Crowell. Her mother died in 1962. Her father is still living.
He is retired having worked as an accountant/bookkeeper and sales person for a car
dealership. She is the only female of her siblings. She described her father as a
"strong willed and somewhat controlling yet generous and caring individual."
She described her mother as "quiet, loving, creative, giving, thoughtful, hard
worker, and strong." She was closer to her mother growing up "probably ~ecause
she was the only daughter." She further described her mother as "the complete
mom" involved with all of her children and "definitely a giver." She described her
father as having to work hard to earn a living for a growing family. She described
her parent's marriage as a basically "happy" marriage, however they had "their ups
and downs."
With regard to discipline, she described her father as "quite strict," and her
mother as less strict and "somewhat more protective." She remembered her father
losing his temper, particularly when "money was tight." She recalled her mother as
the person who would "somehow smooth things over" and make it better. When
asked if she could recall more specifically about rewards and punishments, Judy
did not" really remember rewards for being good." She did recall that there were
family treats such as outings, going for ice cream, etc., but she wasn't able to
connect those to any specific positive behaviors on her part. She recalled
punishment as privileges taken away. She added "that her father was very hard
when it came to school." She remembered getting hit with his belt when she had
trouble in math.
In summarizing her childhood, Judy reported genuine love from both of her
parents in spite of the upsets and outbursts from her father. Judy further described'
her childhood as "busy, active and fun." She added that it was also "somewhat
unhappy and troubled." She explained "that she didn't know that it was unhappy
or troubled, but there were times when her fathel' would come up against hard times
regarding money." Looking back she understands the demands of providing food,
clothing, dental, medical, and other kinds of care for a family of six children.
However, she remembered "frightening times" with her father losing his temper and
getting very angry. She defended her father because she thought he "just kept a
lot of his upsets and concerns inside" and then would "just blow all at once." Judy
described her mother as a person who stood by her father "as his strength" and the
person who would "pick up the pieces and go on" after father had a blow up.
Between her two parents she would describe her mother as the stronger individual.
Judy described herself as a "basically well behaved child" and a good
student, although she admitted "school work didn't come easy to her." She
remembered that she had two "smart" brothers who went before her, and she was
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compared to them. Although she was not able to acquire the same grades as them
she reported having a "love of learning and enjoyed reading." She recalled having
good teachers who worked with her. She reported no history of behavior problems
growirig up. Finally, Judy reported a major change in her life in her high school
sophomore year when her mother became ill. She remembered taking over her
mother's work at home. As her mother grew more serionsly ill, her grades and
her social life suffered.
Jndy's medical history revealed a hysterectomy in 1982 for which she has
been taking Premarin, vitamins, and calcinm ever since to help prevent osteoporosis.
She denied any other minor or major medical problems with the exception of a
possible allergy to codeine as she was given it after her surgery and had a "bad
reaction" to it. She reported working hard to sta}' in good physical and emotional
health. Her family physician is Dr. David Ellis on Center Street in Millersburg, PA.
Other than approximately three cups of caffeinated tea per day, Jndy denied the
use of use of any chemicals. No family medical history was taken.
Judy reported that she was in therapy for approximately three to four
months in 1982 for depression after her hysterectomy. She said her surgeon told
her that "surgical menopause" can be devastating and she was grateful for the
, opportunity to see a psychologist because it helped her understand what she was
going through and how her body was adjusting to hormone changes and the
problems which resulted from such. She further admitted having retnrned for
psychological testing and some counseling with her children as of August, 1997
as part of the plan developed by DCSSCY following an indicated report of sexual
abuse perpetrated by Judy on her two children, LeDora and Katie.
Throughout various interviews Judy frequently expressed concerns about
the well being of the children and the stress existing for them due to the current
custody issues. She stated that her estranged husband is keeping the stress going.
Although there is stress in her life, she regularly denied any signs or symptoms
of depression, an anxiety disorder, a thought disorder, or any serious personality
disorder. Similarly she denied any, family history of psychiatric problems or family
history of difficulty adjusting to major life changes with the exception of her father's
"anger" issues. She ,described herself as an individual who is "outgoing,loving,
caring, fun, and llnjoys having a sense of humor when life is not stressful.".
Witli regard to interests and leisure, Judy reported that her main and only
interest at this time is spending time with her children and in providing a peaceful
and happy home for them. She indicated that she is not presently dating. She
therefore focnses most of her energy on creating a good environment for the
children. Activities that she loves and does regularly with the children include
sewing, seasonal 'crafts, baking, building things, games, puzzles and reading, as well
as making up stories, painting, and stenciling.
, With regard to her parenting ability, Judy showed an above-average ability
to introspect about and articulate her strengths and weaknesses. She also showed an '
above average understanding of the needs, wants, and unique interests of both
daughters. She saw the differences in their need systems and in their inter~sts/
activities. She described her parenting strengths as sensitivity, an ability to listen,
and creativity which she defined as being able to do a lot of things with very little.
She described her weaknesses as worrying too much about pleasing others,
becoming overwhelmed with activities at times, and not being very well organized.
Judy showed a moderate ability to describe Don's strengths and weaknesses
as a parent. She described his weaknesses as keeping the children too dependent
by being over involved and not fostering independence and seeing the children as
too mucb an extension of him. Sbe described bis parenting strength as bis genuine
excitement at being a father; the pride he takes in his children and his protective
of them.
Of most significance to parenting difficulty experienced, was the
aforementioned indicated report of sexual abuse against Judy Allen, filed through
DauphinCounty Social Services for Children and Youth. Report Nos. 22-09990
and 22-09991 related to the two minor children, LeDora and Kathryn Allen. The
reports showed an indicated incident of sexual assault perpetrated by Judy.
Specifically, the report stated: "perpetrator had child suck her breasts in the bath
tub (indecent assault) while perpetrator and child were taking a bath.. The reports
indicated that this activity occurred with both of the girls. Further, the reports of
both children was considered credible.
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As a result of the indicate4 abuse as well as the strained custody situation,
Judy and the girls were required to SIIbmit to psychological testing. Donald Allen
was included in the required psychological evaluation. The custody strain was
made evident by the fact that the reports of alleged sexual abuse by both Don
aud Judy were filed by each of lhem 011 the olher. Judy's reporl 011 DOli was
unfounded while his on he was indicated. Upon completion of the tests, all parti'es
were recommended for individual/family counseling.
In a letter dated October 17,1997, from Jennifer Matter of DCSSCY, she
stated:
...since the beginning of your illvolvementwith this agency in February of
1997, you have met all ofthe goals identified in your famil)' service plan.
You have also independently gotten information on parenting skills alld
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and self-centeredness. Same af tllese pea pie are exhibitianistic and hal'e
ather narcissistic traits. Exl,ibitianism and self-indlllgence call be
present Such scores may indicate a person who is competitive, flighty,
immature, and opportllnistic, and verbally flllent Difficulty delaying
, gratificatian and impulse control problems are possible. Interpersonally,
scores indicate extroversion and superficiality. Similar WOmen are often
seen as aggressive, assertive, and competitive and dominating. They are
typically gregarious, outgoing, sociable, and have good social technique.
Cognitively such individuals are predisposed to al/oid unpleasant issues,
lack insight, over use denial, and ol/erly positive self-perception, may be
descriptive. Needs include social approval, power, status and,
recognition. Overall, test scores do not reveal significant levels of
elevation indicative of significant pathological levels of personality
features.
Test results are best validated in comparison to interview information and a
review of an individual's life patterns. In two interviews, Judy Allen gave
supporting information for that contained in her MMPI n. There was clearly a
trend toward an "over positive" outlook and to minimize or directly deny any of the
allegations or concerns that had been expressed early on through Children and
Youth or by Donald Allen. As well Judy's social competence is apparent. Her
desire to avoid unpleasant circumstances and to be assertive, aggressive
opportunistic are also apparent in some of the ways that she has managed the
current custody con Diet. For example, when asked to how any of her activities
throughout this custody situation could have influenced the Children, she stated that
she has only ever been "positive and up, drawn on, her resources as a strong woman, ,
' and made wise choices." On the other hand she reported that Don has been only
"negative and critical" in the situation.
Further examples are offered to show a pattern of competition, denial
'of her ability to have made mistakes, and her desire to be seen in a positive light,
which are iIIumiuated iu the results of her MMPI ll. With the allegations by
Children and Youth, Judy continued to adamantly deny any that she was in auy
way abusive to the children or that she had made a mistake. She admitted that the
circumstance of the children sucking her breasts was accurate but that it was a
techniqne "supported by the L,aLeche League." She believed, in fact, that the report
itself was unjust and that it may have had something to do with the way the girls
were questioned. She has reached the point of deciding for herself that "it happened
and she can only depend on God to know the truth." She finally reported that she
had also sent a report to Children and Youth about her estranged husband Don,
and she felts that the report was ignored and made unfounded while hers was
indicated. To that end she believed that there was bias against her through
DCSSCY.
need. She consistenlly expressed genuine concern about the welfare of her children.
At thc prescnt time has been ablc to maintain adequate functioning in social,
vocational and parenting arcns.
DONALD ALLEN:
Donald AI/en is a 52-year old once divorced white male who is currently
separated pending finalization of a legal divorce from his estranged wife, Judy Allen,
to whom he was married for the past tcn years. He is currently employed as a laborer,
which he has been doing for 11 months. Prior to that he had been a funeral director
at Winehart Funeral Borne and had been there for 1-3/4 years b,efore being terminated.
He has a master's degree as well as being a registered nurse, and specific training and
certification as a funeral director.
Don reported he is the only child born to his father, Donald Allen, a railroader, '
who died at the age of 47 in 1961, and his mother, LeDora Allen, who was a house wife
and has been deceased since 1988 at the age of 75. He described his father as "quiet,
loving, kind, soft spoken, very giving, finn, honest, sincere and dedicated to his family."
Conversely he described his inother, ,as "selfish for lots of imposed reasons, honest, easy
going most of the time, and argumentative." He stated that he felt c10sc to both his
mother and father, although much closer to his father growing up and developed a
closeness to his mother in later years. He added that, growing up, he and his fathcr
were "friends." As well he described his father as "a mentor and a teacher" as well as
, "a real pal." They spent much time together with hunting, baseball and raising beagle
dogs.
Donald reported that his mother had "a very stormy youth and was therefore
selrcentered and demanding for attention from both Domdd's father and from him."
Be further said that she was not a wann, loving or caring person externally, but he felt
that she probably was more likely on the inside. He reported that she was handir.apped,
having been deaf and therefore her behaviors, whether selfish or not, were "tolerated"
very much by Donald's father. As was stated previously, Donald said his mother
was able to show her warmth in later years and the strain in their relationship
improved.
Don described his childhood as "average to poor." Be stated that he was often
lonely as there were no other children in the neighborhood and therefore spent much
of his time continuously around ad nits . He credits his grandmother for making his
childhood happier. With regard to childhood trauma, Don reported that he was
sexually molested by the uncle of a neighborhood schoolmate. He reported being
threatened not to tell and he never did. He further reported working through that
issue when he went into an alcohol rehabilitation center in 1988.
With regard to Judy's overall mental status she denied the presence of any
symptoms indicative of an affective disorder, any delusions, illusions, hallucinations,
or abberances of a psychotic nature or any extreme anxiety or characteristics
indicative of a personality disorder. She denied also any present or past suicidal
or homicidal ideation or any extreme abusive situations in her history that would
result in victimization on her part. She did admit to the use of corporal punishment
by her father, which is Covered in a previous section. Of most significance to her
mental status b the recent and mild disruption to her sleep and her appetite, which
she attributes to stress.
Judy was observed for a period of one hour with her two minor children,
LeDora and Katie. She showed a very positive ability to maintain focus on her
children of whom the youngest spent a great deal oftime attempting to seek her
sole attention. Judy did a very good job with managing activities for her children
who compete very strongly for attention. She was good at maintaining her patience
in her attempts to stop her youngest daughter's possessiveness and need for
attention. It was obvious in the observation that LeDora, the older daughter, has
become efficient at self-soothing. This may be because Katie, the youngest, seems
to need a tremendous amount of ongoing stimulation. It was notable that Judy,
LeDora and Katie all showed up for the interview dressed exactly alike with mom
and the two daughters in denim jumpers, T-shirts and black shoes.
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In summary with regard to the child observations, Judy Allen showed a good
ability to maintain tolerance and to pay attention to the distinct needs of two ,
children who compete for attention. She provided them reassurance and positive
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feedback when they behaved well while using silence and extinction to address their
negative demands. She was further good at developing cooperation between her
competitive children and used educational play and a number of games, which she
brought herself, as she knew that they would occupy the girls very well. There were
two occasions when the youngest, Katie, who is easily bored went to the bathroom
two times. It is very apparent that when Katie is not in the room there is much more
close attention given to LeDora who is often "lost in the shuffle..
In Conclusion, Judy Allen is a 51-year old white female presently separated
anll awaiting final divorce decree from her husband, Donald Allen, to whom she was
married for almost ten years. She presented with strong concems about what
terms "Don's ongoing anger, bitteruess and desire to involve the children" in too
much contention with regard to custody and visitation matters. She reported that
the custody situation should remain the same with the exception that perhaps
the children should have less time with'their father during the school year. It is
interesting to note that much of what she reported was done in the name of her
daughter Dori indicating more that it is Dori's need to have less time, and Dori's
ne'ed to have less anger from the father than indicating that it is her personal
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With regard to discipline, Don reported that both of his parents were in
their 30's by the time he was born, and therefore used dialogue as a way to discipline.
He added that he was the kind of child who could be talked to and would understand
the message. He remembered only one time in his life when his father spanked
him and "he never forgot that action or the message it sent." He said further that
his mother was someone who yelled a lot but never spanked him. He added that
her yelling has left a long-standing imprint on him which he strives t" "undo".
He remembered being rewarded with food. He added that although this appeared to
be a reward, he was a very obese child, which was a great source of despair and pain
for him when in school.
Growing up, Don stated that he enjoyed school because he loved learning.
He was academically an excellent student. He suffered socially and reported having a
tremendously difficult time because he was obese, had a very poor self-image
and was not well accepted by peers. He reported no behavior problems because
he felt that he always had to be "the good boy" to 'fend off the volume of criticism he
was receiving at home and at school from other children.
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With regard to his medical history, Donald said that his family physician
in Joseph Torchia, M.D. He said he is "not a healthy person" but healthier now than
he has ever been. " He reported a history of renal disease, three bowel obstructions, a
diagnosis of asthma in 1992, and a 30-day treatment for alcoholism in 1988. He
reported a long history of alcohol abuse and a strong family history of alcohol
abuse by members on both sides of his mother and fllther's families, but not his parents
themselves. ,Both 'his grandfathers and his, maternal grandmother were alcoholics.
He described his treatment at Gaudenzia in 1988 both inpatient and outpatient
as "vitally helpful." He reports receiving help in abstaining from alcohol as well as
overcoming any issues he had about past childhood trauma and his disturbed
sense of self esteem. With regard to any history of psychiatric or psychological
problems, he received psychological testing in 1983 in order to enter a religious
order and again in 1997 relative to the previously mentioned DCSSCY indicated report
of abuse/neglect. Donald reported no family history ,of "diagnosed" emotional
problems on either side of his family.
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Whellasked about current stressors in his life, Don identified the ongoing
custody conflict as extremely stressful. He said the process of attempting to get any
meaningful cooperation or co-parenting with his estranged wife for their two
children was equally stressful. He feels shut out and under-informed about many
things going on in his daughters lives. He equally feels maligned and slandered
by his estranged wife particularly in the community within which they have lived for
a period of time. He reported exhaustion at defending himself. (It sho~ld be noted
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Profiles of tltis nature can be related to alcoltol abuse and drug abuse,
along witlt a possible pre-psycltotic disorder. Furtltermore personality
diagnosis are attributed to tltese profiles including passive/aggressive,
borderline and psycltopatllic di.vorders.
As life circumstances are used to validate the outcome of psychological tests,
it is notable that Donald does report strong feelings of resentment and depression over
the current circumstances with regard to the custody environment. He admitted
to some sexual acting out in the past, and can be argumentative and sullen when
asked about the many difficulties that have been occurring with the custody
relationship. Additionally a pattern of difficulty in interpersonal relationships and
substance abuse is noted in Mr. Allen's history. Also notable is a history of sensitivity
to criticism with peers and with his critical and angry mother.
With regard to his parenting skills, Donald showed an above average ability to
introspect and identify his strengths and weaknesses as a parent. He also showed
a good ability to introspect on the strengths and weaknesses of his estranged wife.
He stated that. being the father to LeDora and Kati has been one of the "happiest
experiences in his life." He described a genuine attachment to his children and a
perceived threat by the possibility that his relationship to them is being undermined
by their mother. He showed an above average ability to accurately identify the
difference in his children's needs as well as their interests/activities.
Donald described his parenting strengths as "being very loving and loving his
daughters very much." He added that he is ,a parent who "will do anything to protect
his children." He further stated that he is "very in touch with their individ,!al needs
and does a good job at nurturing that individuality." He admitted a weakness, in
being abrupt at times trying to use rational discussion and then yelling at the children
out offrustration. He also described his inability to nurture himself, thereby rendering
himself weary at times, as another weakness.
With regard to Judy's strengths, he 'described her as "nurturing, very
wholesome, and a very good person who loves her kids and someone who would never
intentionally cause them any physical hano." With regard to her parenting weaknesses
he said that she "has destroyed his credibility with the children." He further
described an inability for her to "keep the children out of the difficulties that are
occurring and described her having said many negative things about him as
'despicable'." Finally he described the "unintentional" yet indicated sexual abuse
perpetrated by Judy as a part of a whole philosophy of child care that has been
problematic to the children as well as to their family life. He reported that it was Judy's
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idea to have a family bed, a concept where the children sleep with the parents. He
further reported that Judy immediately lost interest in him after the lirst adoption Rnd
attributed the "family bed" to this loss of interest. He further reported that Judy
fostered a dependency in the children, both through Katie taking a bottle until
approximately four months ago and LeDora using a pacilier until she was 5-112 years
old. (It is important to note that both Judy and Don have referred to the family bed
concept as problematic and both have adamantly stated that it was. the other
person who came up with the idea).
In observing Don with his two daughters it was apparent thllt he has a
significant amount of warmth and attachment to them as well as a keen ability to
display affection and excitement when engaging with them. He was aware of the strain
that they are experiencing with regard to the custody situation and showed a very good
ability to allow them to make comments about the situation without reacting or being
punitive with them when their comments were not favorable to him. For example, at
one point his youngest daughter was observed saying to him "I told her I want to live
with mommy." Don was visibly capable of responding in a positive way to Katie's
response without in any way personalizing or reacting to her comment. He was
playful and attentive to his children and they responded positively to his playfulness.
Both Katie and LeDora are very competitive with each other for attention and he
showed a good ability to handle their rivalry as well as to handle Katie, the youngest
child's constant need for attention. There was a period of time during the observation
where Dori, the older child, was more self-soothing, more somber and less interactive
with her father and Katie. It was apparent that Don knew he needed to make extra
effort to include Dori, which he effectively did.
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In summary, Donald is II 52-year old once divorced man, now separated pending
legal divorce from his second marriage of ten years to Judy Crowell Allen. He
admitted to being overwhelmed, embittered, and somewhat depressed over the
current custody situation, which he believes to be unfairly skewed against him
by the actions of his estranged wife. Donald appeared to be highly involved with his
children in appropriate ways and there was no evidence of any extreme emotional
instability at this time. It is however obvious that there is a tremendous amount
of strain between Don and his estranged wife which is at times that consumes him and
his emotional world. In observation it appeared that the children were comfortable with'
and able to relate to their father. In the face of current stress he has been able to
maintain his sobriety, has functioned well physically, vocationally, and parentally.
LeDORA ("DORI") ALLEN. al!e 8
Dori is the 8-year old adopted child of Judy and Don Allen. Dori was
interviewed alone, administered a partial Bricklin (PORT), as well as observed in
relationship to both her adopted mother and father. It should be noted that Dori's
medical history is remarkable for problems with her ears, having had tubes placed in
both of the ears, which are now out. She does however continue to go for check ups to
Dr. Norman Waldorf in Camp Hill, PA. She has had a reoccurrence of sinusitis and
ear infections twice in this past year, and has been prescribed medications for
that disorder by her previous pediatrician, Dr. David Ellis in Millersburg,'PA.
':..
Dori presented as a cautious and reserved 8-year old whose development and
intelligence appear to fall well within the normal range: Her verbal skills were good
and she was able to focus on questions and instructions regarding the evaluation
p,'ocess very well. It was not difficult to evoke responses from Dori regarding her
reactions to the circumstances that currently surround her parents' divorce and her
custody.
Although Dori is only 8-years old, she communicated regarding her parents
separation and the custody situation in a rather "adult-like manner." When asked
questions regarding her preference for a custody arrangement she stated in a rather
monotone fashion "I want to be with my mother, she is very ~ind to me. " She further
stated that "she would like to have the amount of time she spends with her dad during
the week reduced because 'it takes her too long to settle down when she comes home'."
'I
When asked to list positive and negative qualities for each of her parents, Dori
expressed that the positive qualities she would attribute to her mom would be that
.she's neat; she takes us out to the mall; and we do crafts together." With regard to
negative qualities regarding her mother, she stated "she makes me eat carrots, she
doesn't hurt my feelings, and I don't know anything else." With regard to her father's
positive qualities, Don stated "he takes me to nice places like Chucky Cheese; he's neat;
and I like the places where he takes me." With regard to her father's negative qualities,
she stated: "he won't let me get a puppy; he laughed about me getting paint in my hair;
he yells a lot; and he gives us too much Pepsi and I don't like it." In discussing
the strain of the custody situation, Dori stated "I guess I like it just the way itis now.
I would like to visit dad every'otherweekend, on Tuesdays or Thursdays, but not both,
but then I would have an extra week with dad in the summer." Finally she stated "what
I really wish is that mommy and daddy were together and I could have a Bijon
puppy."
With regard to tasks completed by Dori on the PORT (Perceptions of
Relationship Test) in all tasks scores indicate that Dori's preference is to be with her
mother. Additional ps)'chological testing was completed in both July and August of
1997. The July testing was completed by Gail Sicchitano, MEd, M.S. of Reigler,
Scheinvold and Associates. Nicholas A.,Pappas, PhD, and Howard S. Rosen, PhD of
Hempfield Counseling Associates completed the testing in August'of 1997. The July
testing was requested by the guidance counselor at Dori's school because of the
strained nature of the divorce and custody situation. The August evaluation was
completed through DCSSCY relative to the indicated report of sexual abuse and to
answer the question as to whether or not Dori or her sister were "being emotionally
abused by either parent, "or if "there were any emotional difficulties and any suggested
interventions requested."
Results of the psychological tests perfonned by Hempfield Counseling Associates
indicate that on the Sloss on Intelligence Test "LeDora achieved a raw score of 64
and a resulting total standard score of 98. This suggests that she functions within the
average range of intellectual ability." Similarly in that evaluation on the Children's
Apperception Test, the following was reported:
Her responses revealed affective themes suggestive of happiness, but also
frequently surrounding fear and anxiety. She galle reference to monsters
on two occasions and fear of stonns coming. Response content also
indicated that on occasion she may feel left out by others, possibly peers.
Finally, she does appear to be aware of both her father and mother's mood
states and, in particular, when they become anxious themselves.
In addition, on the "Draw A Family" test the following results were reported:
She drew her mother, herself, and her sister. She did not draw her father
and wIlen the examiner inquired, she stated "becallse I don 't know, I didn't
want to. "When inquiredfor what reason, she stated "Well, he's not liI'ing
with us. n She did go on to report that she likes her father because "he
bought us hamsters, n but disliked "when he yells. n What she likes about
herself is "I'm pretty" and dislikes nothing. She likes her sister because
"he is elite and funny, "and dislikes nothing. She also di,~likednotlling
about her mother,yet liked 'that she does fun stuffwith us. n
Similarly on the "Draw A Person" test results were as follows:
She drew her mother. She reported that her mother is "walking to the
house because she came from a long walk. nIt is also noted that she did
darken the neck and upper chest area. Inquiry led her to respond, "I just
draw that for a little scribble. n 11lis darkening mayor may not relate to the
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area of contact during the bathing and the child's communication
of this event.
, In both evaluations Dori's anxiety was indicated as well as a need for individual
play therapy to assist her in the stressors clearly related to her parent's pending divorce
, and especially about the strain' and difficulty between her mother and father. It was
also stated in the ,report from HeDipfield Cciunseling Associates that therapy can also
)}" "address body ilnages related to'indicatel:l abuse and/or the mother's inappropriate
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, attempt to bond 'with the child along with other relevant issues. . '
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It should, be noted that as a result of the reports of indicated abuse and
'i' "unfciluided' abuse rded witlfDCSScY 'aDd' tlieabove referenced evaluation, Dori has
;" :,': attended counseling at Early:ili-ten'oentioi Priigram in Hiu'risburg, P A. Reports by her
;. ': ''therapist 'indicate that Doli 'is i c~r~en"tly ready t6' b~' r~ieased' from therapy and has
i'. 'malle significant gains'in 'areas ofrdievlog 'iiliiilelf fi-\)Jri' reSponsib'i1ity for the strain that' .
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: ..' is' occurring between her parents. In 'additio\f significant gain 'has been made in'
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, assisting Dori in communiCating directly about her fears: There is a reported sense that ,
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' Dori is feeling more in command of her own emotions. '
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Of significance' tlithe ob~eriation of Dori with her mother, was her apparent
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.~.omf~rta.nd ab~l,if?' t~ ,be of~1I ~~~ ,e??~e.~t~~!!~ii~h.h~r. mother as well,a~ with her
sISter. It was also apparent that Don IS much less skilled than her, younger sIster Katie
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:' .. in' commanding attention" from' her' mcitlier' and apparent, that mother therefore
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' "puts in extra effort to include Dori; , In the observation of Dori with her father, itwas
:;' apparent that slie is' some~liai comf~rlabie; with hinryef slightly more guarded in
1 , ' " '.' . ' I . " .. , " '.' "... , . '., I''''.~'' ,_, , .", .. . . " , ."..'
'. comparing her actions when she is "with her mother. 'She was slightly less talkative,
:', ::,~ili~ugh ~~in~ne h~~b~~r?f.tiIe.~W~:~~~r;pbs~i:yatj~n she ~~ able to communicate '
",.p"ore,~'tho~,gh'apPI?aring le~~,~()~f9.rta,~le t.h,l,ln",!t~, her,1"other, it is important to
':':'I,:",~o,t~ ~atDori ap~eared,t.~ ,~ave ~ sig~ifican~ level of ~omfort with her fathe~ and did
I);,,~ot appear ~oshow, any ovm: slgI.ls Clf stress, or annety,r,elated to proximity to her
"ather ' ,
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,In conclusio,~ Dori, isa,well~de~"loped, healthy, developmentally andcognitively
average girl who is, somewhat" int~overted, reserved and quiet. Dori is, capable
. of expressing her feelings, and thoughts and clear about her skewed position with regard
, , ,t~ her relationship with her mother 'and wanting to be 'in her mother's primary
, custodial care. She is less clear ab~ut her reasons for wanting to spend more time with
',C" hllr mother, and is notably unwilling to give n\lgative comments regarding most people
, ",with whom she is connected with the exception of giving clear indications to a variety
',' of evaluators that she experiences her father as "yelling too much.. It is noted that some
" of the issues expressed by Dori are issues that are apparently fueled by the adults in her
,life. There is some indication that she is very enmeshed with her mother' feelings as is
'. i
evident by the nature with which she expressed her concerns in exactly the same
manner as her mother. Nonetheless Dori denied having been prompted by either her
mother or her father about the manner in which she discussed issues with this
evaluator. Finally it is apparent through her guardedne~s and sometimes caution that
, Dori shows tbe strain of over influence and alienation tbat is often a part of tbe
':"cbild's'experience in extreme conflict-ridden separation and custody situations.
KATHRYN (KATIE) ALLEN, date of birth 9/8/92:
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, J' Katie ~s the 5-~~ar old,adop~e~ ~~ild of Donald an~ Judy Allen. Her medical
hi~tory is remarka~le ~or a cardiac murmur with extra fluid around the heart as well '
as a bistory fluid around her beart. Her pediatrician is David Sbaffer of Governor's
': ,Road in ~ersbey, PA., With tbe exception of the previously mentioned condition, she
,,;, is also occasionally ~rea~ed witb,antibiotics ,for a variety, of things and has been
" ,diagnosed with anemia. ,,: ,", , '
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Katie pr,,~ent~d as a verbal, outgoing alldenergetic child :whose development
: imd intelligence appeared, to be within the noi-lJlal range. Her:irerbal skills and level of
,,:comprehension. are average to above-average for a child her age. .sbe was able to
, ,..,,:verbalize a basic understanding 'of the ,nature of the 'evaluation process and was
",able ~o follow the instructions of any testing or assignments given to her relative to tbe
,:" ,evaluation. ',. ,. '
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I' Although Katie pres~nted in all evalu,ation sessions as very energetic and
" : " spontaneous she ,showed a good ability to focus and be attentive to toys and objects that
'I," fascinated ,her. She also sbowed a good capacity to engage all others around her in the
I,:'" process of providing her attention. She is quite adept at getting her needs met and in
'I' fact can be described liS demanding, at' different times in terms of attention. In
I", relationship to her older sibling, she is demanding and competitive. Her competitive
, 1'OIJ nature does not appear to be that of sibling rivalry but tends to happen in and of itself
", based on ber level of energy and her level of outgoingness. '
Katie was given a variety of psychological tests in July 'of 1997 by Dell
, " 'Sicchitano, MEd,M.S. of Reigler Scheinvold and Associates and in August by
Hempfield Counseling Associates as a result of a report that WIlS indicated for sexual
abuse by the mother through Dauphin County Social Services for Children and Youth.
In addition this evaluator administered the PORT (Perception of Relationships Test).
On tile "Draw A Family, "slle drew lIerself, lIer motller, lIer fatller, and lIer
sister. SlIe drew lIerself and darkened tile cllest area (breast area witllller
stating "it's a body suit for me). SlIe was drawn between botll the mother'
and father, with her sister more distant. The coloring of the breast area
does seemingly suggest her awareness of the implications that her mother's
body contact has had on her and with the mother in this body area.
Recommendations given by Dr. Rosen include the following as a result of his
evaluation:
Currently, it appears as tllough father is haIling difficulty in adjusting to
tile pending divorce in lIis emotionality, along witll expressillg his anxieties
and concerns regarding this situation openly with the children is suspected
and appearsto have affected the children to a mild degree at this time.
Individual play therapy is suggested to assist the children in dealing with
adjustment to the pending divorce, the tralllna of the Children and Youth's
investigation, and the trauma of the mother's bathing episode with the
children, in order to clarify for them its meaning.
As has been stated previously in the section for Dori, both Katie and Dori did
secure counseling at Early Intervention Program. Their therapist was Gail Quatroche,
and a letter incorporated into the file from Ms Quatroche's supervisor indicates that
the girls attended aD sessions weekly, progressed very well, and were likely to be ready
for discharge very soon. It should be noted that there has been some contention
between Donald and Judy Allen because Don was not included very much in the
therapy experience.
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Results of the PORT indicated that Katie shows a preference for her mother in
five out of seven of the tasks in the test. It should be noted that Katie, who was
accompanied by her father to the interview to complete the PORT, entered the room
said "I only have two things iB say.......1 want live with my mommy and she very nice
to me." When asked that she expound on that statemen!, she repeated again that "she
only had two things to say" and repeated her phrase. It should also be noted that at the
end of the session she again reinforced her statement. Interestingly in completing the
tasks of the PORT it was as if she was able to predict its meaning and was very careful
to exaggerate any possible way that she could exaggerate her preference for her mother.
It is important to Dote that all her drawings were chaotic and although all body parts
were there, Katie drew so quickly that often her drawing appeared to be a scribble. The
two tasks where Katie showed some preference for her father over her mother is when
she was asked to draw a picture of her family and then to draw a picture of her family
doing an activity. In that drawing she placed her mother, her father, herself, and her
sister and placed herself next to her father with her mother on the other side of the'
father and her sister next to hel'. In the drawing where she is to draw the family doing
something she places herself in-between her mother and father with her sister slightly
off in the distance and indicatcs that they are watching Rug Rats on television. She
then admitted that her mom does not let her watch Rug Rats and her father does. Some
fear of her father and his anger is indicated in her seventh task where she is to describe
a dream and describes in both occasions someone dreaming abut their father jumping
in the window and not wanting that to happen. As stated previously there was no
other infonnation able to be gained from Katie during her interview regarding parental
preference as she quite adamantly states that she only wanted to say two things. Any
other attempts to get her to respond were met with her resistance.
Both in her psychological tests through Hempfield Counseling Associates as well
as during this interview, there was some concern that Katie had'been rehearsed most
likely by her mother. Also it is important to note that Katie has been interviewed by
many people and been asked many questions about her relationship with her parents
and this may also lead her to being resistant to discussing relationships. However, it
must remain possible that she has been coached or told what not to reveal too much
in these interviews.
In conclusion, Katie is a weD-developed, healthy developmentally and cognitively
average young girl who appears expressive, excitable, and able to be engaged in many
activities. In observations with her mother and father, she showed an ability to bond
with both of them and very little difference in terms of her desire to be close or to
receive love and support from them. This is not, however, true in terms of her
verbalizations where she makes clear her preference for her mother over her father.
She received counseling in the past for the level of anger that she displayed following
the separation of her family. It is reported that she is doing significantly better
since her counseling experience and is learning how to express anger in less destructive
ways. Other evaluators have indicated that there are obvious indications that the
strained divorce and custody situation as well as the strain of the Chitdren and Youth
involvement has definitely taken its toll on both of the Allen children.
CLINICAL EXPRESSIONS AND RECOMMENDATIONS
It is first important to note that there were no significant findings that would
allow for the tacit elimination of either parent in the lives of their two children. There
, is evidence of the strong need for therapeutic intervention and mediation with the
adults in this case in order to address the amount of unresolved tension and conflict
that surrounds this custody and divorce situation. There are several factors that
influence the recommendations that are set forth below. These factors are as follows:
i,
2) As there is evidence that the children are being inOuenced by their mother to be
aligned with her and because the children show no serious discomfort with their father,
they should remain in his physical custody two evenings per week after school, but not
over night, and every other weekend as is stipulated in the current agreement.
There has been some concern expressed about the children's time during the
school year being "chaotic" with them seeing their father two nights a week. Upon
agreement by both parents, a switch could be made to the children being with
their father one evening per week but expanding his weekend time, lidding FI'idIlY'
overnights to his schedule. The other alternative is for the mother to take a more
proactive position to enconrage the girls to enjoy their two evenings per week with their
father.
3) Holidays and school vacations including the summer should be shared equally by
the parents to allow the father some expanded time with the children.
4) Therapeutic mediation for co-parenting regarding their unresolved conflict and
education regarding healthy co-parenting is of absolute necessity so that the level of '
hostility inspired in Mr. and Mrs. Allen will dissipate and increase the comfort level of
the,children with both of their parents. Particular focus should be placed on Judy Allen
promoting the children's relationship with their father as opposed to reinforcing their
concerns and Don Allen decreasing his focus on mother's behavior and placing it on
his daughters. It is clearly expected that reducing their tensions will significantly
reduce the level of reactivity that is seen in both of the children. It is important to note
that whoever does the therapeutic mediation may find that a period of individual work
for both Judy and Don Allen will be necessary prior to their ability to be productive
in any co-parenting or mediation work.
5) Both LeDora and Kathryn should be watched carefully for evidence of any
continued strain in the process of their parents' difficult separation and divorce or in
the "abuse" of the past. It appears that both parents have done well to provide a
counseling arena for the girls, and it is believed that they will continue to do so as
needed.
, 6) Following successful completion of all items in this set of recommendations, it will
be possible for Don Allen's time with the children to increase as it will be possible for "
these two adults to return to a more cooperative and solution seeking process.
7) The specifics of this skeleton set of recommendations can be negotiated with
, the two parties and their respective attorneys.
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JUDY ALLEN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
NO. 99-786
DONALD ALLEN,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~day of IMvel, ,
1999 upon consideration of the
Defendant's Answer to the Rule to Show Cause it is hereby Ordered that the Plaintiffs request
for Special Relief be dismissed.
Furthermore, the parties shall make themselves available for a
psychological/custody evaluation to be performed by Dr. Stanley Schneider of Guidance
Associates, Camp Hill, PA as directed in Judge Jeannine Turgeon's Order dated January 28,'
1999.
BY THE COURT,
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b. Strictly denied. Furthermore, Deb Salem did not conduct a
psychological evaluation, but paraphrased a Children & Youth report (copy of Deb Salem's
letter to Dr. Stanley Schneider attached as Exhibit "Cn);
c. Denied. Strict proof is demanded;
d. Denied. Strict proof is demanded;
8. Plaintiffs opinion. No response is required;
9. Plaintiff's opinion. No response is required;
10. Denied. Strict proof is demanded;
11. No answer required;
12. Denied. Strict proof is demanded;
13. Denied. Strict proof is demanded;
14. Denied. Strict proof is demanded;
NEW MATTER
15. Paragraphs 1 through 14 are incorporated herein by reference as though set forth
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JUDY ALLEN, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
I PENNSYLVANIA
vs. )
) NO. 99-786 CIVIL TERM
DONALD ALLEN, )
Defendant ) CIVIL ACTION - LAW
) IN CUSTODY
OlU)ER
AND NOW, this
~~
day of
vvt )-l
it appearing
" 1999,
upon review of the, Conciliator's Report,
that the
parties have appeared before the conciliator, it is hereby ordered
and directed as follows:
1. The parties, in accordance with the Order of January 28,
1999 issued in the Court of Common Pleas of Dauphin
County, have agreed to participate in a custody
evaluation to be performed by Dr. Stanley Schneider of
Guidance Associates. Both parties agree that they will
cooperate in getting the evaluation scheduled and
completed. Both parties agree that they shall attend all
sessions as recommended by the custody evaluator. The
custody evaluator is to provide a report to both parties
and their counsel.
The parties shall reappear for
another custody conciliation upon completion of the
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MAY 4, 199~ / J
,..../
- " '\
JUDY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
CIVIL ACTION - LAW
DONALD ALLEN,
Defendant
NO, 99-786 CIVIL TERM
ORDER OF COURT
AND NOW, this 3D ~y of June, 2000, upon agreement of counsel, the hearing
previously scheduled in this matter for July 3, 2000, is continued generally,
COUNSEL ARE directed to notify the Court if they desire a hearing in this matter,
BY THE COURT,
;/!
Mark T, Silliker, Esq,
5922 Linglestown Road
Harrisburg, PA 17112
Attorney for Plaintiff
~'4.Ju{
'l.r--M
Q-.
Austin F. Grogan, Esq.
24 N. 32nd Street
Camp Hill, P A 17011
Attorney for Defendant
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......-...',c...'i'..._.,;
JUDY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY, PENNSYLVANIA
v,
NO. 99-786
DONALD ALLEN,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2003, upon consideration of the
attached Petition to Modify, it is hereby directed that the parties and their. respective counsel
appear before ' the conciliator, at
on the _ day of ,2003 at M,
. for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve
the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be
heard by the court and to enter in to a temporary order. Either party may bring the
child/children who is/are the subject of the custody action to the conference, but the
child's/children's attendance is not mandatory. Failure to appear at the conference. may
. provide grounds for entry of a temporary or permanent order.
For the Court,
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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MAR 1 0 2003 \J/
,JUDY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
DONALD ALLEN,
Defcndant
NO, 99 - 0786
IN CUSTODY
CIVIL
COURT ORDER
AND NOW, this ---B11 day of March, 2003, upon considcration of thc attached Custody
Conciliation Report, this ,court's prior order of May 6, 1999, which incorporates the prior
Dauphin County Court Order of January 3, 1997, shall remain in effect subject to the
following modifications:
1. The parties shall submit themselves to a custody evaluation to be performed
by a professional agreed upon. by legal counsel for the parties. Costs of the
evaluation shall be paid 2/3 by Father, and 1/3 by Mother. Upon the
conclusion of the evaluation and in the event the parties are unable to reach
an agreement on a custody order at that time, legal counsel for the parties'
may contact the conciliator directly to schedule another custody conciliation
conference or schedule a hearing. In the event counsel for, the parties are
unable to agree upon the custody evaluator in this case, counsel for the parties
may again contact the conciliator directly and the conciliator may submit a
revis~d proposed order to the court with respect to designating an evaluator.
The evaluation to be completed shall be an independent evaluation.
2, The custody arrangement is modified such that Father's weekday visitation
shall be Tuesday and Thursday evenings with LeDora from after school until
the following morniug. The understanding is that Katharine may also be
involved in that exchange of custody subject to an agreement of the parties
and Katharine's desires.
3. In all other respects, the prior custody order providing Father with periods of
temporary custody shall remain in effect. "
J,
cc:
Austin F. Grogan, Esquire
Mark T, SiIliker, Esquire
'~<_w 11%'.......e.ue. 3, I \( - 0 .3>
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AFFIDAVIT
I,Jwly At I-AI,\ . hereby certify that the aforegoing is true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S, 4909 relating to
unsworn falsifications to authorities.
Dated:
sill /D,-1,
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SUITS 1996
Date of Entry
(-
Pelilion
Appeal
Cuslody --)
Trespass }
Assumpsil )
Visilarion )
Di vorce )
Mortgage Foreclosure ( )
Change of Name ( )
Ejeetmenl ( )
Quiet Tille ( )
Appl. of Viewers ( )
Replevin ( )
Declaration of Taking ( )
Forma Pauperis ( 'IA
Mental Heallh (
Protective Order (
District Magistrale (
(.;;
Wril of Execulion Issued:
Appenrance For:
Plainliff:
~,/~
, Defendnnt:
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CUSTODY &nd / or
VISITA'110N ORD12R
Judg~
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be,oH: __~~ , The Con~ili3tG!, (.n !r,~: . ...... __......--:-:'.._ _ Ori)'
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Amount
Any, Appearance
Sherifrs Costs
Adm, Fcc. Divorce
Adm, Fcc. Cuslody
App'l, of' MaSler
Cash Bnnd
Escrow Funds
mObtFIUT/OIJ o!>r <:./.JSTO/J -/"-'1 FP
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Discontinuance
Rule of Reference
5767
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WHEREFORE, the Defendant/Petitioner respectfully request this Court to transfer
jurisdiction to Cumberland County.
Date
\ 1'1A'/:d
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ustin F. Grogan, squ'
24 North 32nd Street
Camp Hill, PA 17011
(717) 737.1956
Attorney for Defendant/Petitioner
1D #59020
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further gave me cause for concern in her stating that she felt that the DCSSC&Y report was
"unjust and may have had something to do with the way the girls were questioned", She further
indicated to me that she believed that there was a bias against her through DCSSC& Y as well
because she had also reported Don and, after investigation, his actions were "unfounded" and hers
were indic~ted". In reality, according to the DCSSC&Y report the abuse by Judy was
"indicated" due to the credibility of her children's report.
In summarizing my contacts with Judy Allen as well as reviewing the materials from
DCSSC&Y and the treatment professionals that worked with Judy and the girls tollowing the
incident/s, I stated inthe evaluation that "there is the compollnded elemellt of the Childrell alld
Youth indicated repol'l abollt 'sexual abuse' pe/petrated by the mother. 77/is was a (me-time
illcide.1/t [this origillal quote may be inaccurate], which has beell relegated [by the psychological
report required by DCSSC&Y/ to an act ofpoorjudgmelll by the mother rather than allY
intelltional act to harm the children NOlletheless the children have heellthrough significant
additional stress hecause of this." Additionally I indicated that it would be important for the
children to be "watched carefully for evidellce of any cOlltillued straill iI/ the process of their
parents difficult separatioll alld divorce or iI/ the' abuse' of the past, "
Second, it is important to note that there is obvious ongoing hostility between Judy Allen
and Donald Allen, It appeared from your comments to me that it is your belief that Donald Allen
is the main perpetrator ofthis hostility, Please be aware that in my contacts. these two parties
were equal in their hostility toward each other. In my report I state "Neither party is without
blame albeit Jlldy AlIell is able to appeal' more cOlltrolled tlulIlDollald. 77zere is a myriad of
documellted il/fomlatioll regardillg Judy Allen's subtle [bllt persistent] allempts to ul/dermille the,
childrel/'s cOl/l/eclionto their father. As well there is a myriad of infor/l/alionto indicate that
Mr. AlIell has spellt a great deal of time aggressh'ely attempting to combat the /l/other's
process." I further added in my, recommendations that "... there is evidence that the children are
being influellced by their mother to be aligl/ed with her..," Please be advised thai thesetwo
children have experienced far more than is healthy for them with regard to beirig in the middle of ,
their parents conflict. '
Finally, it is true that in my final recommendations, the primary physical custody of these
two girls was to remain with their mother, However, I arrived at that conclusion based on the
ac'cumulated reports ofDCSSC&Y, a psychological evaluation on all of the parties completed at
the requirement of DCSSC&Y, other treatment professionals who worked primarily with Judy
Allen and thechildren relative to the indicated abuse for some time after its perpetration, the
children's level of comfort in observation with both of their parents, and the children's lever of
bond and enmeslunent with their mother, I also advised strongly that mediation be carried out to
eliminate the subtle alienation by Judy Allen of Don Allen from the process with his children and
to dissipate hostility between these two adults, and following mediation, that Mr. Allen's time be
expanded to equal time with his daughters, Essentially, I recommended that this family is capable
,of a shared arrangement with their daughters and that the only thing standing in their way was the
hostility between them which spills over to the girls,
V\.I
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Admlrii~tratlve Director ...'_
, C, Thomas Bowman
Chad '0, Stebbins, Mgr
Clinical Director
Deborah 1.. Salem, MHS, CAC
Medical Consultant
Kevin Hepler, MO,
\""Y
7-20-98
Stanley Schneider, EdD
Guidance Associates ofPA
412 Erford Road
Camp Hill, PA 1701 I
RE: Donald Allen
Dear Stan:
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Licensed Associates
Frank J. DiPta, MS
Lawrence It ..~ssler, LSW, PhD
AntheaL, Stebbins, MSW, LSW
Kathleep 0, Parsons, MEd, CAAP
Assotlate~
Charles Salem, MEd
Leah Longan, MBA
Alan McGinty, MEd
Thomas Toone, MEd
It was Mr, Allen's explicit request that costs be defrayed during his evauation at Inner
Works, He wanted us to use the results of the psychologoical tests that then had been recently
completed by DCSSC&Y, As a result of doing so, we have no raw data and the pschologoical
test results, as noted in the full evaluation, were paraphrased from that same DCSSC&Y report,
If you need the names of contact people there, please call me for assistance,
Sincerely,
Deborah L. Salem, MHS, CAC
Clinical Director
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CC: ,Bon Allen
',;,'i, EXHIBIT',':;;:
".;,":L:5i~',Y:K::'<J,
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ALL.sTJ.Te'~~':wmvco, ;:,:"
4415 North Front Street. Harrisburg, PA 17110. (717) 236-6630.
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JUDY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
vs.
NO, 5767 S. 1996
DONALD ALLEN,
Defendant
CHILD CUSTODY
ORDER OF COURT
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AND NOW, to wit this$d day of CI.6~ttt1"'Y ' B97, the
parties and their respective counsel, having appeared for a custody
conference on December 24, 1996, before Judith A. Calkin, Esquire,
and having reached a temporary agreement with regards to the best
interests and welfare of their minor children,
it is hereby
ORDERED AND DECREED as follows:
1. It is the intention of the parties and the parties
agree that they will share joint legal custody of LaDora E. Allen,
born February 3, 1990 and Katharine J. Allen, born September 8,
1992.
The parties agree that major decisions concerning their
children, including, but not necessarily
limited to, the
children'S health, welfare, education, religious training and
upbringing shall be made by them jointly, after discussion and
consultation with each other, with a view toward obtaining' and
following a harmonious policy in the children's best interest,
Each party agrees not to impair the other party's right to shared
legal custody of the children. Each party agrees not to attempt to
alienate the affections of the children from the other party nor to
permit any third person to attempt to so alienate the affections of
the children from the other party.
Each party shall notify the
other of any activity or circumstance concerning their children
that could reasonably be expected to be of concern to the other, '
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Day to day decisions shall be the responsibility of the parent then
having physical custody. with regard to any emergency decisions
which must be made, the parent having physical custody of the
children at the time of the emergency shall be permitted to make
any immediate decisions necessitated thereby, However, that parent
shall inform the other of the emergency and consult with him or her
as soon as possible, Each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or
authority and to have copies of any reports given to either party
as a parent.
2. Father shall have custody of the minor children:
a. Every Wednesday from 4:00 p.m. to 8,00 p,m.
b. Until he has an apartment, every Sunday from
9:00 a,m. to 5,00 p.m, When he has an apartment he shall have the
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children on alternating weekends from Saturday at 9: 00 a. m. to
Sunday at 8:00 p.m.
Mother shall have custody at all other times.
3, Each parent will have the right of first refusal to
care for the children if the other parent is unable to do so.
4. During any period of custody or visitation the
parties to this order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the
,
point of intoxication. The parties shall likewise assure, to the
extent possible, that other household members and/or house guests
comply with this prohibition.
S. Each parent shall be entitled to reasonable telephone
contact with the children when they are in the custody of the other
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, WHEREFORE, the Dcfendant/Petitioner, Donald Allen, respectfully requests that he be
awarded primary physical and legal custody of the ebildren, with liheral visitation for the
Plainti 1'1' IRespondent.
Respectfully submilled,
BY:~~~~
Marianne E, Ru~cbuseh
Attorney No. 63522
845 Sir Thomas Court
Suite 9
Harrisburg, PA 17109
(717) 657-0632
Attorney for Defendant/Petitioner
DATED:
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parent then having physical custody.
With regard to any emergency
decisions which must be made, the parent having physical custody of
the children at the time of the emergency shall be permitted to
make any immediate decisions necessitated thereby. However, that
parent shall inform the other of the emergency and consult with him
or her as soon as possible.
Each party shall be entitled to
complete and full information from any doctor, dentist, teacher,
professional or authority and to have copies of any reports given
to either party as a parent.
2. Father shall have custody of the minor children
7:00 p.m.
a. Every Tuesday ,and Thursday from 3:00 p.m. to
b. Alternating weekends from Friday at 3:00 p.m.
until Sunday at 7:00 p.m.
3. Mother shall have custody at all other times. '
4. Each parent will have the right of first refusal to
~are for the children if the other parent is unable 'to do so.
5. 'During any periOd of custody or visitation the
parties to this order shall not possess or use any controlled
substance, neither shall they consume alcoholic beverages to the
point of intoxication. The parties shall likewise assure, to the
extent possible,that other household members and/or house guests
comply with this prohibition.
,6. Each parent shall be entitled to reasonable telephone
contact with the children when they are in, the custodypf the other
parent.
7. The parents will alternate the following major
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holidays: Easter, Memorial Day, Fourth of July, Labor Day, and
'rhanksgiving, The Thanksgiving at period shall be from wednesday
before Thanksgivingat 3:00 p.m. until the Friday after Thanksgiving
at 7:00 p.m. The other holiday periods shall be from 9:00 a.m. to
8: 00 p. m. the day of the holiday. This alternating holiday
schedule will begin with Father having Thanksgiving in 1997.
8. The Christmas holiday will be divided into two (2)
segments which segments will alternate between the parents year by
year. Segment "A" will be from December 24th at 3:00 p.m. until
December 25th at 10:00 a.m. Segment "B" shall be from December
25th at 10:00 a.m. until December 26th at noon. This Christmas
schedule shall begin with Mother having Segment "A" in 1997,
9. Father is entitled to fourteen (14) additional days
for custody during the summer school vacation. Father will give
Mother thirty (30) days notice of the specific dates.
10. Both parents shall refrain from making derogatory
comments about the other parent in the presence of the children and
,to the extent possible shall prevent third parties from making such
comments in the presence of the children
11. The parties agree to cooperate in a custody
evaluation by Innerworks. The cost of the evaluation will be paid
by Donald Allen.
12. Upon completion of the custody evaluations, if any"
party feels the need for another conference or a full hearing on
this matter, that party shall be responsible for requesting same.
All such requests shall be made with this Honorable Court by filing
the appropriate motion with the Office of the Prothonotary.
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JUDY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
v.
No. 5767 S 1996
DONALD ALLEN,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is
hereby directed that the parties and their respective counsel
appear before :::rl~ d.. -th f!..J1') ~ , the Conciliator, on the
J CJ tiJ day of _A.Ju {J.-vr- il t.A.... , at q If @., in
~ LaWlex31 ~suR~e,
EQ'lFLh Fluor, n~11ph;n
and M,qr1roi- ~+-'t""9QtS,
Harrisburg, Pennsylvania, for a Pre-Hearing
('In"R-e.l Cuurt:nou~:n=, F.I..\Ju~ ~ J,o \
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Custody Conference.
At such Conference an effort will be made to
resolve the issues in dispute; or"if this cannot be accomplished,
to define and narrow the issues to be heard by the Court, and to
enter into a Temporary Order. All children age five (5) or older
shall also be present at the Conference. Failure to appear at the
Conference may provide grounds for the entry of a temporary or
permanent Order.
BY THE COURT:
Date of order:~ By: (\ 'All J ..J.) ~
~dY Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 NORTH FRONT STREET
HARRISBURG, PA 17101
(717) 232-7536
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parent then having physical CustOdy. With regard to any emergency
decisions which must be made, the parent having physical Custody of
the children at the time of the emergency shall be permitted to
make any immediate decisions necessitated thereby. However, that
parent shall inform the other of the emergency and consult with him
or her as soon as Possible.
Each party shall be entitled to
complete and full information from any doctor, dentist, teacher,
professional Or authority and to have copies of any repo=ts given
to either party as a parent.
2. Father shall have Custody of the minor children
7:00 p.m.
a. Every Tuesday and Thursday from 3: 00 p,m, to
b. Alternating weekends from Friday at 3:00 p.m,
until Sunday at 7:00 p.m.
3. Mother shall have Custody at all other times.,
4. Each parent will have the right of first refusal to
care for the children if the other parent is unable to do so.
5.
During any periOd of custody or visitation the
parties to this order shall not possess or Use any Controlled
sUbstance, neither shall they consume alcoholic beverages to the
I')
point of intoxication. The parties shall likewise assure, to the
extent Possible, that other household members and/or house guests
Comply with this prohibition.
. 6. Each parent shall be entitled to re:lsonable celephone
contact wi.th the children when they are in the Custody of the other
pa:-enc;
7, ' The parents '~ill '::llternate the fOllr::',,!.ng ~lajor
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accomplished I believe the girls should live with me full time." "I should have full
legnl rights to hnve control so that the llI'guing cnn stop and then she can visit ns
much as she wnnls," "I just want the kids to feel care-free lIgain,"
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HISTORY OF PRESENT SITUATION
Judy Allen reported that her to-year mnrringe to Donald wns fraught with
difficulties from the beginning. She stated that she nnd Donald knew each other for
five months before they went onn date. They met in 1986 and were married in Mny
of 1987 after knowing cnch other only six months. She reported that he "swept her
ofT her feet" however she admitted that she was concerned about his drinking. She
admitted believing that Donald was her "only chance to get married" and she took
it. Prior to meeting Donald, she lived in a religious community as a nun for 20 years,
In March, 1988, after less than two years of marriage Judy filed for divorce
because of Don's drinking. Her threat of divorce resulted in Don entering treatment
at Holy Spirit Hospitalnnd Gaudenzia in-patient treatment for a period of one
month. After his treatment she withdrew the divorce because she thought they
might be able to repair their marriage. Two years later they adopted LeDora, and
another two years later they adopted their second daughter Katie.
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According to Judy, the marriage gradually became more aud more unstable,
particularly financially, but also with a lot of "agitation and anger" building in
Don. Finally, in November, 1996, she separated from Don taking the girls and
staying with friends. She said that the only reason the divorce is not final is he
refuses most settlements. She further admitted that since 1996 as well as before
"they had counseling till tIle cows came home,"
Donald Allen reported some agreement with Judy's descrilJtion of the
marriage. He reported that Judy was his second marriage having been married
once before for a period of five years. His first marriage, ended because of a series of
stressors including a miscarriage with his first wife. He stated that his 10-year ,
marriage to Judy was fraught with problems because "there were two dysfunctional
people who came together, " He added verification that this was the second time
divorce papers were filed. He further admitted that his problem with alcohol
precipitated Judy's first divorce action an'd that his treatment changed her mind.
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Don described several reasons why Judy left him and filed fOI'divol'ce. lie
listed "family stressors, being fired from his work at the fnneral home, the loss
of financial security and their ongoing arguments." He added that Judy had
comphiints about his sexual functioning assumed that he was struggling with
his sexual orientation. He denied snch and said that he had been having a lot of
physical difficnlty that affected sexual performance as well as the emotional strain
and "coldncss" on Judy's part.
In conclnsion, the two partics agreed that their ten year marriage was
fraught with a lot of tension and distress. This included Don's alcoholism, for which
he was successfully treated, a series of disagreements due to their family
backgrounds, financial problems and sexual difficuItics. They further agreed that
the adoption of their two daughters was the most Successful elcment of their
marriage. According to Don, the marriage ended abl'llptly and was iudicative
"escapist" behaviors evident at other times in Judy's life. According to Judy her
reason for ending her marriage was a series of financial difficulties as well as
ongoing arguments between she and Don.
FINDINGS
,Findings reported in this section are the result of a voIumc ofraw data,
which is available upon request. Additionally, findings reported in this section have
incorporated the results of Psychological tests completed for Dauphin County
Social Services for Children and Youth, via HempfieIdCounseling Associates, 405
Main Street, LandisviIle, PA 17538, The combined team of Nicholas A, Pappas,
PhD, (PA Licenscd Psychologist), and Howard S. Rosen, PhD, (PA Licensed
Psychologist) completed the testing. Further, the test results wCl'e acquired through
the signatnre llnd legal release of all parties to this evaluation, Please contact this
office with any questions.
Judv Allen Crowell
Judy is a 51-year old married white female separated and seeking the final
divorce from Donald Allen to whom she was married for almostlen years. In the
course of this evaluation she was employed pal.t-time as a derWwaitress, but has
recently moved to the Lemoyne area where she will be working part-time as a
licensed practical nurse in a nursing home aud rehabilitation center. She is a high
school graduate and has completed a diploma program in licensed practical nursing,
and is licensed in both Washington, D.C. and Pennsylvania. In addition to her
training as a licensed practical nurse, she took course work in general stndies
at Columbia University in New York City between 1970 and 1972,
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Judy is the third oldest of seven children born to Helen Elizabeth Crowell
and Jewels Edmond Crowell. Her mother died in 1962. Her father is still living.
He is retired having worked as an acconntant/bookkeeper and sales pel'son for a car
dealership. She is the only female of her siblings. She described her father as a
"strong willed and somewhat controlling yet generous and caring individual."
She described her mother as "quiet, loving, creative, giving, thoughtful, hard
worker, and strong." She was c1ose/' to her mothel' growing np "probably because
she was the only daughter." She further described her mother as "the complete
mom" involved with all of her children and "definitely a giver." She described her
father as having to work hard to earn a living for a growing family. She described
her parent's marriage as a basically "happy" marriage, however they had "their ups
and downs."
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With regard to discipline, she described her father as "qnite strict," and her
mother as less strict and "somewhat more protective." She remembered her father
losing his temper, particularly when "money was tight." She recalled her mother as
the person who would "somehow smooth things over" and ml!ke it better. When
asked if she could recall more specifically about rewards and punishments, Judy
did not "really remembel' rewards for being good," She did recall that there were
family treats such as outings, going for ice cream, etc., but she wasn't able to
connect those to any specific positive behaviors on her part. She recalled
punishment as privileges taken away. She added "that her father was very hard
when it came to school." She remembered getting hit with his belt when she had
trouble in math,
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In summarizing her childhood, Judy reported geuuine love from both of her
parents in spite of the upsets and outbursts from her father. Judy further described
her childhood as "busy, active and fun." She added that it was also "somewhat
unhappy and troubled." She explained "that she didn't know that itwas unhappy
or troubled, but there were times when her father would come up against hnrd,times
regarding money," Looking back she understands the demands of providing food,
clothing, dental, medical, and other kinds of care for a family of six children.
However, she remembered "frightening times" with her father losing his temper and
getting very angry. She defended her father because she thought he "just kept a
lot of his upsets and concerns inside" and then would "just blow all at once," Judy
described her mother as a person who stood by her father "as his strength" and the
person who would "pick up the pieces and go on" after father had a blow up.
Between her two parents she would describe her mother as the stronger individual.
Judy described herself as a "basically well behaved child" and a good
stndent, although she admitted "school work didn't come easy to her."'She
remembered that she had two "smart" brothers who went before her, and she was
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comllared to thein. Although she was not able to acquire the same grades as them
she I'eported having a "love of learning and enjoyed reading." She recalled having
good teachers who worked with her. She reported no history of behavior problems
growilig UII. Finally, Judy reported a major change in her life in her high school
sophomore year when her mother became ill. She remembered taking over her
mother's work at home. As her mother grew more seriously ill, her grades and
her social life suffered.
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Judy's medical history revealed a hystcl'cctomy ill 1982 for which shc has
becn taking Premarin, vitamins, llnd calcium ever sincc to help prevent ostcoporosis.
She denied any other minor or major medical problems with the exception of a
possible allergy to codeine as she was given it after her surgery and had a "bad
reaction" to it. She reported working hard to stay in good physical and cmotional
health. Her family physician is Dr. David Ellis on Center Street in Millcrsburg, PA.
Other than approximately three cups of caffeinated tea per day, Judy denied the,
use of use of any chemicals. No family medical history was takeu.
Judy reported that she was in therapy for approximately three to four
months in 1982 for depression after her hysterectomy. She said her surgeon told
her that "surgical menopause" can be devastating and she was grateful for the
opportunity to see a psychologist because ,it helped her understand what she was
going through and how her body was adjusting to hormone changes and the
problems which resulted from such. She further admitted haviug returned for
psychological testing and some eounseliug with her children as of August, 1997
as part of the plan developed by DCSSCY, following an indicated report of sexual
abuse perpetrated by Judy on her two children, LeD ora and Katie.
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Throughout various interviews Judy frequently expressed coucerns about
the well being of the children and the stress existing for them due to the current
custody issues. She stated that her estranged husband is keeping the stress going.
Although there is stress in her life, she regularly denied any signs or symptoms
of depression, an anxiety disorder, a thought disorder, or any serious personality
disorder. Similarly she denied any family history of psychiatric problems or family
history of difficnlty adjusting to major life changes with the exception of her father's
"anger" issues. She described herself as an iudividual who is "outgoing, loving,
caring, fnn, and enjoys having a sense of humor when life is not stressfnl.".
With regard to interests and leisure, Judy reported that her main and only
interest at this time is spending time with her children and in providing a peacefnl
and happy home for them. She indicated that she is not presently dating. She
therefore focuses most of her energy on creating a good environment for the,
children. Activities that she loves and does regularly with the children include
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sewing, seasonal crafts, baking, building things, games, puzzles and reading, as well
as making up stories, painting, and stenciling.
, With regard to her parenting ability, Judy showed an above-average ability
to introspect about and articulate her strengths and weaknesses. She also showed an
above average understanding of the needs, wants, and unique interests of both
daughters. She saw the differences in their need systems and in their interestsl
activities. She described her parenting strengths as sensitivity, an ability to listen,
and creativity which she defined as being able to do a lot of things with very little.
She described her weaknesses as worrying too much about pleasing others,
becoming overwhelmed with activities at times, and not being very well organized.
Judy showed a moderate ability to describe Don's strengths and weaknesses
asa parent. She described his weaknesses as keepiug the children too dependent
by being over involved and not fostering iudependence and seeing the children as
too much an extension of him. She described his parenting strength as his genuine
excitement at being a father; the pride he takes in his children and his protective
ofthem.
Of most significance to parenting difficulty experieuced, was the
aforementioned indicated report of sexual abuse against Judy Allen, filed through
Dauphin County Social Services for Children and Youth. Report Nos. 22-09990
and 22-09991 related to the two minor children, LeDora and Kathryn Allen. The
reports showed an indicated incident ofsexual assault perpetrated by Judy.
Specifically, the report stated "perpetrator had'child suck her breasts in the bath
tub (indecent assault) while perpetrator and child were taking a bath." The reports
indicated that this activity occurred with both of the girls. Further, the reports of
both children was considered credible.
As a result of the indicated abuse as well as the strained custody situation,
Judy and the girls were reqnired to submit to psychological testing. Donald Allen
was included in the required psychological evalnation. The custody strain was
made evident by the fact that the reports of alleged sexual abnse by both Don
and Judy were filed by each of them on the other. Judy's report on Don was
unfounded while his on he was iudicated. Upon completion of the tests, all parties
were recommended for individual/family counseling.
In a leiteI' dated October 17,1997, from Jennifer Matter of DCSSCY, she
stated:
...since the beginning of your involvement with this agency in Febl'uary of
1997, you have met all of the goals identified in yourfamily service plan.
You have also independently gotten information on parenting skills and
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IIIlII self-cellteredness. SOllie of t!lese people lire e.t!lihitim,istic 1111/1 !lIII'e
litTler narciui,vtic traits, Ex/,ihitim,islll all/I self-indulgence can he
pre.vellf. Suc" scores IIIay iflllicate a person wI/() is cOnlpetitive,fligl"y,
immature, allllopport/wi.vtic, aflll verhally fluent. Difficulty delaying
, grlltification and illlpul,ve control prohlelll,v are possihle. Interpersonally,
,mires indicate extroversion and .VIIperficiality. Silllilar wOlllen are often
see" as aggressive, assertive, allll competitive and dominating. TI,ey a,re
typically gregarillll.f, outgoing, sociahle, and I,ave good social tec/lllique.
Cognitively suc" individuals are predisposed to al'oid IlIIpleasant issues,
lack insig!lt, Ol'er use denial, and ol'erly positil'e self-perception, IIIay be
descriptil'e. Nceds include social apprOl'al, pOlver, status allll
recognition. Ol'eral/, test scores do not reveal significant levels of
elevation indicatil'e of significant pat!lologicallel'els of personality
features.
\
Test results are best validated in comparison to interview information and a
review of an individual's life patterns. In two interviews, Judy Allen gave
, supporting informntion for that contained in her MMPI II. There was clearly a
trend toward an ','over positive" outlook ali!I to minimize or directly deny any of the
allegations or concerns that had been expressed early on through Children and
Youth or by Donald Allen. As well Judy's social competence is appareut. Her
desire to avoid unpleasant circumstances and to be assertive, aggressive
opportunistic are also apparent in some of the ways that she has managed the
current custody conflict. For example, when asked to how any of her activities
throughout this custody situation could have influenced the children, she stated that
she has only ever been "positive and up, drawn on hel' resources as a stroug woman,
and ma,de wise choices." On the other hand she reported that Don has been only
, "llegative and critical" ill the situation.
, Further examples are offered to show a pattern of competition, denial
of her ability to have made mistakes, and her desire to be seen in a positive light,
which are illuminated in the results of her MMPI U. With the allegations by
Children and Youth, Judy continued to adamantly deny any that she was in any
way abusive to the children or that she had made a mistake. She admitted that the
'ciJocumstance of the children sucking her breasts'was accnrate but that it'\vas a
technique "supported by the LaLeche Leagne." She believed, in fact, that the report
itself was unjust and that it may have had something to do with the way the girls
were questioned. She has reached the point of deciding for herself that "it happened
and she can only depend on God to know the truth." She finally reported that she
had also sent a report to Children and Youth about her estranged husband Don,
and she fells that the report was ignored lInd made unfounded while hers was
indicated. To that end she believed that there was bias against her through
DCSSCY. '
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With regard, to Judy's overall mental status she denied the presence of any
symptoms indicative of an affective disorder, any delusions, illusions, hallucinations,
or abberauces of a psychotic nature or any extreme anxiety or characteristics
indicative of a personality disorder. She denied also any present or past suicidal
or homicidal ideation or any extreme abusive situations in her history that would
result in victimization on her part. She did admit to the use of corporal puuishment
by her father, which is covered in a previous section. Of most significance to her
mental status is the recent lInd mild disruption to her sleep and her appetite, which
she attributes to stress.
Judy was observed for a period of one hour with her two minor children,
LeDOI'a and Katie. She showed a very positive ability to maintain focus on her
children of whom the youngest spent a great deal of time altempting to seek her
sole attention. Judy did a very good job with managing activities for her children
who compete very strongly for attention. She was good at maintaining her patience
in her attempts to stop her youngest daughter's possessiveness and need for
attention. It was obvious in the observation that LeDora, the older daughter, has
become efficient at self-soothing. This may be because Katie, the youngest, seems
to need a tremendous amount of ongoing stimulation. It was notable that JUdy,
LeDora and Katie all showed up for the interview dressed exactly alike with mom
and the two daughters in denim jumpers, T-shirts and black shoes.
In summary with regard to the child observations, Judy Allen showed a good
ability to maintain tolerance and to pay attention to the distinct needs of two
children who compete for attention. She provided them reassurance and positive
feedback when they behaved well while using silence and extinction to address their
,negative demands. She was further good at developing cooperation between her
competitive children and used educational play and a number of games, which she
'brought herself, as she knew that they would occupy the girls very well. There were
two occasions when the youngest, Katie, who is easily bored went to the bathroom
' two times. It is very apparent that when Katie is not in the room there is much more
close attention given to LeDora who is often "lost in the shuffie."
In Conclusion, Judy Alleuis a 51-year old white female presently separated
and awaiting fiual divorce decree from her husband, Douald Allen, to whom she was
married for almost ten years. She, presented with strong concerns aboutwhat
terms "Don's ongoi,!g anger, bitterness and desire to involve the children" in too
much contention with regard to custody and visitation matters. She reported that
the custody situation should remain the same with the exception that perhaps
the children should have less time with their father during tile school year. It is
interesting to note that mnch of what she reported was done in the name of her
daughter Dori indicating more that it is Dori's need to have less time, and Dori's
need to have less anger from the father than indicating that it is her personal
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need. She consistently expressed genuine concern about the welfare of her children.
At the present time has been able to maintain adeqnate functioning in social,
vocational and parenting areas.
DONALD ALLEN:
Donald Allen is a 52-year old once divorced white male who is currently
separated pending finalization of a legal divorce from his estranged wife, Judy Allen,
to whom he was married for the past ten years. He is currently employed as a laborer,
which he has been doing for 11 months. Prior to that he had been a funeral director
at Winehart Funeral Home and had been there for 1-3/4 years before being terminated.
He has a master's degree as well as being a registered nurse, and specific training and
certification as a funeral director.
Don reported he is the only child bOn! to his father, Donald Allen, a railroader,
who died at the age of 47 in 1961, and his mother, LeDora Allen, who was a house wife
and has been deceased since 1988 at the age of 75. He described his father as "quiet,
loving, kind, soft spoken, very giving, firm, honest, sincere and dedicated to his family."
Conversely he described his mother as "selfish for lots of imposed reasons, honest, easy
going most of the time, and argnmentative." He stated that he felt close to both his
mother and father, although much closer to his, father growing up and developed a
closeness to his mother in later years. He added that, growing up, he and his father
were "friends." As well he described his father as "a mentor and a teacher" as well as
"a real pal." They spent much time together with hunting, baseball and raising beagle
dogs.
Donald reported that his mother had "a very stormy youth and was therefore
self centered and demanding for altention from both Donald's father and from him."
He further said that she was not a warm, loving or caring person externally, but he felt
that she probably was more likely on the inside. He reported that she was handicapped,
having been deaf and therefore her behaviors, whether selfish or not, were "tolerated"
very mnch by Donald's father. As was stated previously, Donald said his mother
was able to show her warmth in later years and the strain in their relationship
improved.
Don described his childhood as "average to pOOl'." He stated that he was often
lonely as there were no other children in the neighborhood and therefore spent much
of his time continuously around adults. He credits his grandmother for making his
childhood happier. With regard to childhood trauma, Don reported that he was
sexually molested by the uncle of a neighborhood schoolmute. lIe reported being
threatened not to tell and he never did. He further reported worlliug through that
issue when he went into an alcohol rehabilitation center in 1988.
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, With regard to discipline, Don reported that both of his parents were in
their 30's by the time he was born, IInd thcrefore uscd dialogue as a way to discipline.
He added that he was the kind of child who could be talked to and would understand
the message. He remembered only one time in his life when his father spanked
him and "he never forgot that action or the message it sent." He said further that
his mother was someone who yelled a lot but never spanked him. He added that
her yelling has left a long-standing imprint on him which he strives t,o "undo".
He remembered being rewarded with food. He added that although this appeared to
be a reward, he was a very obese child, which was a great source of despair and pain
for him when in school.
Growing up, Don stated that he enjoyed school because he loved learning.
He was academically an excellent student. He suffered socially and reported having a
tremendously difficnlt time because he was obese, had a very poor self-image
and was not well accepted by peers. He reported no behavior problems because
he felt that he always had to be "the good boy" to fend off the volume of criticism he
'was receiving at home and at school from othel' childreu.
With regard to his medical history, Donald said that his family physician
in Joseph Torchia, M.D. He said he is "not a healthy person, but healthier now thou
he has ever been." He reported a history of renal disease, three bowel obstructions, a
diagnosis of asthma in 1992, and a 30-day treatment for alcoholism in 1988. He
reported a long history of alcohol abuse and a strong family history of alcohol
abuse by members on both sides of his mother and father's families, but not his parents
themselves. Both 'his grandfathers and his maternal grandmother were alcoholics.
He described his treatment at Gaudenzia in 1988 both inpatient and outpatient
as "vitally helpful." He reports receiving help in abstaining from alcohol as well as
overcoming any issues he had about past childhood trauma and his disturbed
sense of self esteem. With regard to any history of psychiatric or psychological
problems, he received psychological testing in 1983 in order to euter a religious
order and again in 1997 relative to the previously mentioned DCSSCY indicated report
of abuse/neglect. Donald reported 110 family history of "diagnosed" emotional
problems on either side of his family.
, :1
When asked abont current stressors in his life, Don identified the ongoing
custody conOict as extremely stressful. He said the process of altempting to get any
meaningfnl cooperation or co-parenting with his estranged wife for their two
children was equally stressful. He feels shut out and under-informed abont many
things going on in his daughters lives. He eqnally feels maligned and slandered
by his estranged wife particularly in the community within which they have lived for
a period of time. He reported exhaustion at defending himself. (It shonld be noted
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that Don does admit to having suffered from alcoholism as well as having engaged
in homosexual activity in the past. He denied being homosexual by orientation llnd does
1I0t believe that it is a concern at this time. He does think that it was a significant
concern for his estranged wife, however not for him.)
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With regard to psychological test findings, the results of Donllld's MMPI II
completed by Hempfield Counseling Associates 011 September 20, 1997 read as follow:
On the MMPI-Il, Mr. Allen rel'ealed a I'alid profile. Similar patterns of
answers indicate a person who is denyillg conimollllltman frailties amI he
sees I,imself as virtuous, scrupulous, conforllling and self co/ltrolled A
very favorable presentation of self is very likely. Such socially approved
answers can be given by a p.vyclwlogically nieve individual, or a person
who is very el.asive or consciously deceptive. '
Most people with this profile are hostile, resentful, irritable, lII,d depression
and nervousness may also be presellt Periodic allXiety attacks are possible. ,
With regard to personality and behavior, they are frequently characterized
as dependellt and passive dependent. TIley can be notably argl/lllentatil1e,
narcissistic, ohnoxious, and solemn. Hysterical traits are probable,
including egocentricity, illlmaturity, optimislll, and naivete. Adlllitting
failure and standing "I' for prillciples IIIay, he very difficlllt. Personal
values IIIay be sacrificed for attention and appmval. Sexllal acting out is
possible. Exhibitionislll and self-indulgence can be present.
Inte'JIersonal relationships are likely to be a IIIajor problelll. A lIistory of
social IIIaladjllstment can be expectecf. Significant problelllS often exist
with heterosexual and IIIarital relationships. Exces,vil'e demallllv may be
IIIade on others for attention and sYlllpathy. Occasional I'iolent olltbursts
may OCCIlr. A poor work history is likely. These individllals tend to be
manipulative, and can over elllphasize getting along wit" others and being
socially illl'olvetl Yet relationsltips call be unsure, superficial, allll
problellls with authority IIIay exist along with IIIarital discorcl
RejectiOIl is a primary defense IIIechal/islll alollg with denial Paranoid
features suclr as suspicimlslless and extrellle sellsitivities to criticislll are
possible. On tire wllOlejudgelllent tends to be poor. Also, physicalprohlellls
can be developed after periodv of stress. COIII.ersion SYlllptOllls are
possible.
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Profiles of this nature can he related to alcolrol ahuse IInd drug ahuse,
along with a possible pre-psychotic disorder. Furthermore perso/lality
diagnosis are attributed to tlrese profiles i/lclluling pllssil'e/aggre,vsive,
borderlit,e and p.vycllOpatltic disorders.
As life circumstances are used to validate the outcome of psychological tests,
it is notable that Donald does report strong feelings of resentment and depression over
the current circnmstances with regard to the custody environment. He admitted
to sOllie sexual acting out in the past, and can be argumentative and'sullen when
llsked about the many difficulties that have been occurring with the custody
relationship. Additionally a pattern of difficulty in interpersonal relationships and
substance abuse is noted in Mr. Allen's history. Also notable is a history of sensitivity
to criticism with peers and with his critical aud augry mother.
\
With regard to his parenting skills, Donald showed an above average ability to
introspect and identify his strengths and weaknesses as a parent. He also showed
a good ability to introspect on the strengths and weaknesses of his estranged wife.
He stated that being the father to LeDora and Kati has been one of the "happiest
experiences in his life." He described a genuine attachment to his children lInd a
perceived threat by the possibility that his relationship to them is being undermined
by their mother. He showed an above average ability to accurately identify the
difference in his children's needs as well as their, interests/activities.
Donald described his parenting strengths as "being very loving and loving his
daughters very much." He added that he is a parent who "will do anythiug to protect
'his children." He further stated that he is "very in touch with their individual needs
and does a good job at nurtnring that individuality." He admitted a weakness in
being abrupt at times trying to nse rational discussion and then yelling at the children
out offrustration. He also described his inability to nurture himself, thereby rendering
himself weary at times, as another weakness.
With regard to Judy's strengths, he described her as "nurturing, very
wholesome, and a very good person who loves her kids and someone who would never
intentionally cause them any physical harm." With regard to her parenting weaknesses
he said that she "has destroyed his credibility with the children." He further
described an inability for her to "keep the children out of the difficulties that are
occurring and described her having said many negative things about him as
'despicable'." Finally he described the "unintentional" yet indicated sexual abuse
perpetrated by Judy as a part of a whole philosophy of child care that has been
problematic to the children as well as to their family life. He reported that it was Judy's
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idea to have a family bed, a concept where the children sleep with the parents. He
further reported that Judy immediately lost interest in him after the lirst adoption and
attributed the "family bed" to this loss of interest. He further reported that Judy
fostered a dependency in the children, both through Katie taking a bottle until
approximately four months ago and LeDora using a pacifier until she was 5-112 years
old. (It is important to note that both Judy and Don have referred to the family bed
concept as problematic and both have adamantly stated that it was, the other
person who came up with the idea).
In observing Don with his two daughters it was apparent that he has a
significant amount of warmth and altachment to them as well as a keen ability to
display affection and excitement when engaging with them. He was aware of the strain
that they lire experiencing with regard to the custody situation and showed a very good
ability to aUow them to make comments abont the situation without reacting or being
punitive with them when their comments were not favorable to Ilim. For example, at
one point his youngest daughter was observed saying to him "I told her I want to live
with mommy." Don was visibly capable of responding in a positive way to Katie's
response without in any way personalizing or reacting to her comment. He was
playful and attentive to his children and they responded positively to his playfulness.
Both Katie and LeDoraare very competitive with each other for attention and he
showed a good ability to handle their rivah-y as well as to handle Katie, the youngest
,~hild's constant need for attention. There was a period of time during the observation
where Dori, the older child, was more self-soothing, more somber and less interactive
with her father and Katie. It was apparent that Don knew he needed to make extra
effort to include Dori, which he effectively did.
In summary, Donald is a 52-year old once divorced mlln,now separated pending
'legal divorce from his second marriage of ten years to Judy Crowell Allen. He
admitted to being overwhelmed, embittered, and somewhat depressed over the
current custody situation, which he believes to be unfairly skewed against him
by the actions of his estranged wife. Donald appeared to be Ilighly involved with his
children in appropriate ways and there was no evidence of any extreme emotional
instability at this time. It is however obvious that there is II tremendous amount
of strain between Don and his estranged wife whkh is at times that consnmes him and
his emotional world. In observntion it appeared that the children were comfortable with
and able to relate to their father. In the face of current stress he has been able to
maintain his sobriety, has functioned well physically, vocationally, and parentally.
LeDORA ("DORI") ALLEN. al!e 8
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Dori is the 8-year old adopted child of Judy and Don Allen. Dol'i was
interviewed alone, administered a partial Bl'icldin (PORT), as well as observed in
relationship to both her adopted mother and father. It should be noted that Dori's
medical history is remarkable for problems with her ears, having had tubes placed in
both of the ears, which are now oat. She does however continue to go for check ups to
Dr. Norman Waldorf in Camp Hill, PA. She has had a reoccurrence of sinusitis and
ear infections twice in this past year, and has been prescribed medications for
that disorder by her previons pediatrician, Dr. David Ellis in Millersburg,'PA.
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Dori presented as a cautious and reserved 8-year old whose development and
intelligeuce appear to fall well within the normal range. Her verbal skills were good
and she was able to focus on questions and instructions regarding the evaluation
process very well. It was not difficult to evoke responses from Dori regarding her
reactions to the circumstances that cnrrently surround her parents' divorce and her
custody.
Although Dori is only 8-years old, she communicated regardiug her Ilarents
separation and the custody situation in a rather "adult-like manner." When asked
questions regarding her preference for a custody arrangement she stated in a rather
monotone fashion "I want to be with my mother, she is very kind to me." She further
stated that "she would like to have the amount of time she spends with her dad during
the week reduced because 'it takes her too long to seltle down when she comes home'."
"
,
When asked to list positive and negative qualities for each of her parents, Dori
expressed that the positive qualities she would attribute to her mom would be that
"she's neat; she takes us out to the mall; and we do crafts together." With regard to
negative qualities regarding her mother, she stated "she makes me eat carrots, she
doesn't hurt my feelings, and I don't know anything else." With regard to her father's
positive qualities, Dol'istated "he takes me to nice places like Chucky Cheese; he's neat;
and I like the places where he takes me." With regard to hel' father's negative qualities,
she stated: "he won't let me get a puppy; he laughed about me getting paint in my hair;
he yells a lot; and he gives us too much Pepsi and I don't like it." In discussing
the strain of the custody situation, Dori stated "I guess I like it just the way it is now.
I wonld like to visit dad every other weekend, on, Tuesdays or Thursdays, but not both,
bnt then I would have an extra week with dad in the summer." Finally she stated "what
I really wish is that mommy and daddy were together and I could have a Bijon
puppy. "
With regard to tasks' completed by Dori on the PORT (Perceptions of
Relationship Test) in all tasks scores indicate that'Dol'i's preference is to be with her
mother. Additional psychological testing was completed in both July aud August of
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1997. The Julytestiug was completed by Gail Sicchitano, MEd, M.S. of Reigler,
Schein void and Associates. Nicholas A. Pappas, PhD, and Howard S. Rosen, PhD of
HeDlplield Counseling Associates completed the testing in August of 1997. The July
testing was requested by the guidance counselor at Dori's school because of the
strained nature of the divorce and custody situation. The August evaluation was
completed through DCSSCY relative to the indicated report of sexual abuse and to
answer the question as to whether or notDori or her sister were "being emotionally
abused by either parent, "or if "there were any emotional difficulties and any suggested
interventions requested."
Results of the psychological tests performed by Hempfield Counseling Associates
indicate that on the Sloss on Intelligence Test "LeDora achieved a raw score of 64
and a resulting total standard score of 98. This suggests that she functions within the
average range of intellectual ability." Similarly in that evaluation on the Children's
,Apperception Test, the following was reported:
\
Her responses revealed affective tllellles suggestive of IIappiness, but also
frequently surrounding fear and anxiety, SIIe gave reference to IIIonsters
on ,two occasions and fear of storms cOllling. Response content al.w
indicated tllat 011 occasion slle IIIay feel left out by otllers, possihly peers.
Filially, slle does appear to be aware of botltller fatller and IIIotller's IIIood
states and, in particular, wilen they becollle allxious tllelllselves.
In addition, on the "Draw A Family" test the following results were reported:
She drew IIer IIIotller, herself, ami her si.vter. SIte did not draw her father
alld wilen tile e.talllinerinqllired, she stilted "because I dm, 't know, I didn't'
wallt to. "Wllell inquiredfor what reason, sIte stated "Well, lie's not living
with us. " SIIe did go on to report tllat sIte likes IIer fatller because "Ire
bougllt usllamsters, " but disliked "Jvhell lie yells. "Wltat she likes about
herself is "I'm pretty" ami dislikes lIotlling. SI,e likes IIer sister because
"Ire is cute alldfllnny, " ami dislikes lIotlring. She also disliked notlling
about her IIIotller, yet/iked "tllat slle does filii stuff witlt us. "
Similarly on the "Draw A Person" test results were as follows:
SIIe drew her IIIother. She reported tllat her IIIotller is "Jvalking to tile
I;ouse hecause slle callie from a long walk. "It is also Iwted that slle did
darken tile neck alld IIpper cllest area. l1'quiry led Iler to respOlld, '1 jllst
draw tltatfor a little scribble. "17,;s darkelling IIIay or IIIay I/ot relate to tile
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area of contact during tIre bllt/,ing ali(I tl,e child's cOllllllllnicatioll
of this event.
, In both evaluations Dori's anxiety was indicated as well as a need for individual
play therapy to assist her in the stressors clearly related to her parent's pending divorce
...' and especially about 'the'straiiJ' and difficulty between her mother and father. It was
, " also 'stated' ill the report from' Heiliijfield Counseling Associates thRt therapy can also '
u"'"address body ilnfiges related' to'iIidiCiiteli abuse and/or the mother's inappropriate'
, atte'inpt to bon(J'with the citild along'\v'ith 'other relevant iSSlles."' "
.'1. '. " " , .f
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It should be noted that as a result of the reports of indicated abuse and
,.' "unfounded'abuse filed witllDCSSCY'arid the above referenced evaluation; Dori has
; '''<attended counseling at EarlyIDterVentio'n' Program hi Harrisburg, PA. Reports by her
,'II'therapist 'indicatii that Dori'is'ciIrrently 'ready to be rt!leased from therapy and has
i', made significant gains in 'areas of relieving 'lierselffrom responsibility forthe strain that '
, ""is' occurrilig"betWeeii her' pa'r~iits'. In additibii"signific'antgainlias been made in '
!, ",,' '. .' ..' ., " .' .. . " . " . '.' .: I '.' .' .' ~ I' '! , I . , ,," .
' aSSIsting Don m commulllcatlIig directly about her fears. There is a reported sense that
,"; I ",." " ." 1'" ,', ' . ,
' "Dori is feeling more in command of her own emotions.
" I,' . " ". ..""., ;,' ,i .i....' .
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, Of significance' to the ob~erVation of Dori with her mother, ~as her apparent
comfort and "ability to be open and connected with her mother as well as with her
':'0 . f. ,';, I' ;r;... _'..' . !, ,.J ", ,; , " . '.
' sISter. It was also apparent that Dorlls much less skilled than her younger sister Katie
'.... " .' I, ," ',' c" . 1\ 'J' ','. .
,,' in ' coin man ding attention ' from her motlier 'and apparent that mother therefore
"" 'p'utS in exti'a~iroi1 to includ~ Dori. In' the'ob~ervation ofDorlwith her fa,ther, it was
\ . I' . - ',.' .', .. .. .. ~,..,. _ ,.' , .. .
;' " apparent that she is somewhat comfortable with, him~yet slightly more guarded in
.,1 "", ',," J, .' " . ,"," ,', ," I .
'comparing her actions when she is with her mother. She was slightly less talkative,
~',"aithough within one halrhoJr,oftiu; o'd~'iio~r:observation she was able to communicate
". ~ II J l' ',I.' " : , . '. - . ; . , i. j 1', , I .. , , . " .. , ' , . ,. ' . .
;I'"..,"'of~. .A1tho~,gh a,PP~,aring les~comforta.ble than ~ith her ~other, it is important to
"',, ,,:~olt~ ,~hat Dori appeared, to have a significant level of comfort with her father and did
;;;/:,~ot, appeRr to ,show any overy: signs ,?f stress or anxiety related to proximity to her
II' l~a,ther. ",' ' '"" ,,', ;,,,
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,: I ,',In conclusion Don. isa,weIl7dev~loped, hea~thy, de,velopmentally and cognitively
:" ,average girl wlio is ,some~hat" introverted, reserved and, quiet. Dori is, capable
' ',' of expressing her feelirigs, and thoughts, and clear about her skewed position with regard
", i to her relationship with iler,mother 'and ,wanting to be.'in her mother's primary
.1 _.' , , . ", .
., <:us.todial care.,Shejs less clear about her reasons for wanting to spend more time with
',..:"hllr mother, ,and is notably unwillbig to give n~gative comments regarding most people
, : ."with whom she is c,onnected with the exception of giving clear indications to a variety
, '." of evaluators ,that she experiences her father as "yelling too much. " It is noted that some
, , ',of the. issues expressed by Dori are issues that Rre apparently fueled by the adults in her
;, :' I,ife. There is some indication that she is, very enmeshed with her mother' feelings as is
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evident by the nature with which she expressed her concerns in exactly the same
manner as her mother. Nonetheless Dori denied having been prompted by either her
mother or her father about the manner in which she discussed issues with this
evaluator. Finally it is apparent throngh her guardedness and sometimes caution that
Dori shows the strain of over influence and alienation that is often a part of the
,':;'child's'experience in extreme conflict-ridden separation and custody situations.
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KATHRYN (KATIE) ALLEN, date of birth 9/8/92:
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"I' ,Katie, is the 5~y~ar, ol~ ,adopted child of,i)onald and Judy Allen. Her medical
I, : history is remarkable (or a,cardiac,murmur,witheitra fluid around the heart as well
' as 'a history fluid a~ound lieI' hllart. Her pediatri~ian is David Shaffer of Governor's
': ! Road in ~ersh~y, PA., With the exception of the previously mentioned condition, she
" ;. is also occa~ionally treated ,It:ith ,antibiotics, for a variety, of things and has been
\ " " diagnosed with anemia. "~ ' "
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, I ,~' " Katill pr~sente'das a verbal, outgoing a~d,energetic child whose development
:: and inteUigencll,appeared,to be within the nOfl11al range. Her verbal skills and level of
":l;omprehension, are average to ,above-average for a child her age. She was able to
' , ",:verbalize a basic un~ers.tanding 'of the ,nature of the 'evaluation process and was
,,!ablet,o follow the instructions,of any testing or assignments given to her relative to the
,;"",evaluation. , ,,' ',' ;, ',',
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, I" ." Although Katie pres~nted in all. evalu,ation 'sessions as very energetic and
i,::,spontaneousSheSbowed a go~d'ability to focus and,be attentive to toys and objects that
' '!1~ifascinated,her. She also showed a good capacity.to,engage,all others around her in the
\':;11 p'rocess of providing her,attention; She is quite adept at getting her needs met and in
'l~,fad c~n be described' as demanding' at' different times' in terms of attention. In
1'::; relationship to her older sibling, she is demanding and competitive. Her competitive
':: IJ nature does not appear to be that of sibling rivalry 'but tends to happen in and of itself
",:'based on her level of energy and her levehjf outgoingness. ,,' "
",
'"
, Katie was given a variety of psychol!lgical' tests 'in July 'of 1997 by Dell
! ,: 'Sicchitano, MEd, 'M.S. of'Reigler, Schein void and Associates and in August by
Hempfield Counseling Associates as a result of Ii report that was indicated for sexual
. abuse by the mother through Dauphin County Social Services for Children and Youth.
In addition this evalnator administered the PORT (Perception of Relationships Test).
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On tile '1Jra", A Family, "she dre", IIerself, her motller, her father, ami her
sister. SIIe dre", herself and darkened tile chest area (brellst area ",itll her
stating 'it's a hOlly suit for lIIe). She ",as dra",n het",een both the IIIother
and father, ",ith I,er sister IIIore di.vtant. rile coloring of the breast area
d()l!S seelllingly suggest IIer a",areness of tile illlplications tllllt her lIIother's
body contact has IIad on her and ",ith the lIIother in thi.v body area.
Recommendations given by Dr. Rosen include the following as a result of his
evaluation:
\
Currently, it appears as though father is having difficulty in adjusting to
tile pending divorce in his elllotionality, along ",ith expressing IIis anxieties
and concerns regarding thi.v situation openly ",itll the children is suspected
and appears to have affected tile children to a lIIild degree at this tillle.
Individual play therapy is suggested to assist the children in dealing ",ith
adjustlllent to tile pending divorce, tile traullla of the Children and Youtll's
investigation, and tl,e traullla of tile IIIother's batl,ing episode witll tl,e
children, in order to clarify for them it.v meaning.
As has been stated previously inthe section for Dori, both Katie and Dori did
secure counseling at Early Intervention Program. Their therapist was Gail Quatroche,
anda letter incorporated into the file from Ms Quatroche's supervisor indicates that
the girls attended all sessions weekly, progressed very well, and were likely to be ready
for discharge very soon. It should be noted that there has been some contention
between Donald and Judy Allen because Don was not included very much in the
therapy experience.
Results of the PORT indicated that Katie shows a preference for her mother in
five out of seven of the tasks in the test. ltshould be noted that Katie, who was,
accompanied by her ,father to the interview to complete the PORT, entered the room
said "I only hav.e two things tB say.......I want live with my mommy and she very nice
to me." When asked that she expound on that statement, she repeated again that "she
only had two things to say" and repeated her phrase. It should also be noted that at the
end of the session she again reinforced her statement. Interestingly in completing the
tasks of the PORT it was as ifshewas able to predict its meaning and was very careful
to exaggerate any possible way that she could exaggerate her preference for her mother.
It is important to note that all her drawings were chaotic and although all body parts
were there, Katie drew so qnickly that often her drawing appeared to be a scribble. The '
two tasks where Katie showed some preference for her father over her mother is when
she was asked to draw a piCture of her family .and then to draw a picture of her family
doing an activity. In that drawing she placed her mother, her father, herself, and her
sister and placed herself next to her father with her mother on the other side of the
.
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father and her sister next to her. In the drawing where she is to draw the family doing
something she places herself in-between her mother and father with her sistel' slightly
off in the distance lInd indicates that they are watching Rug Rats on television. She
then admitted that her mom does not let her wlltch Rug Rats and her father does. Some
fear of her father and his anger is indicated in her seventh task where she is to describe
a dream and describes in both occasions someone dreaming abnt their father jumlling
in the window and not wanting that to happen. As stated previously there was no
other information able to be gained from Katie dnring her interview regarding parental
preference as she quite adamantly states that she only wanted to say two things. Any
other attempts to get her to respond were met with her resistance.
Both iu her psychological tests through Hempfield Counseling Associates as well
as during this interview, there was some concern that Katie had been rehearsed most
likely by her mother. Also it is important to note that Katie has been interviewed by
many people and been asked many questions about her relationship with her parents
and this may also lead her to being resistant to discussing relationships. However, it
must remain possible that she has been coached or told what not to reveal too mnch
in these interviews.
\
In conclusion, Katie is a well-developed, healthy developmentally and cognitively
average young girl who appears expressive, excitable, and able to be engaged in many
activities. In observations with her mother and father, she showed an ability to bond
with both of them and very little difference in terms of her desire to be close or to
receive love and support from them, This is not, however, true in terms of her
verbalizations where she makes clear her preference for her mother over her father.
She received counseling in the past for the level of anger that she displayed following
thesepnration of her family. It is reported that she is doing significantly better
since her counseling experience and is learning how to express anger in less destructive
ways. Other evaluators have indicated that there are obvious indications that the
strained divorce and custody situation as well as the strain of the Children and Youth
involvement has definitely taken its toll on both of the AileD children.
CLINICAL EXPRESSIONS ANDRECOMMENDA TIONS
It is first important to note that there were no significant findings that would
allow for the tacit elimination of either parent in the lives of their two children. There
is evidence of the strong need for therapeutic intervention and mediation with the
adults in this case in order to address the amount of unresolved tension and conflict
that surrounds this custody and divorce situation. There Hre several factors that
influence the recommendations that are set forth below. These factors are as follows:
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2) As there is evidence that the children are being innnenced by their mother to be
aligned with her and because the children show no serious discomfort with their father,
they should remain in his physical custody two evenings per week after school, but not
over night, and every other weekend as is stipnlated in the current agreement.
There has been some concern expressed about the children's time during the
school year being "chaotic" with them seeing their father two nights a week. Upon \ .
agreement by both parents, a switch could be made to the children being with 1:J-'
their father one evening per week but expanding his weekend time, adding Friday Jv~
overnights to his schedule. The other alternative is for the mother to take a more
proactive position to encourage the girls to enjoy their two evenings per week with their
father.
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3) Holidays and school vacations including the summer should be shared equally by rl
the parents to allow the father some expanded time with the children.
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r:;) Therapeutic mediation for co-parenting regarding their unresolved connict an~ ~ <~.
education regarding healthy co-parenting is of absolute necessity so that the level of . \;V ,d"
hostility inspired in Mr. and Mrs. Allen will dissipate and increase the comfort level of c.,;1!J,(}J \ ~(., rY
the children wit/! both of their parents. Particular focns should be placed on Judy Allen '; Q2J.!"
promoting the children's relationship with their father as opposed to reinforcing their ~\
concerns and Don Allen decreasing his focus on mother's behavior and placing it on
his daughters. It is clearly expected that reducing their tensions will significantly
reduce the level of reactivity that is seen in both of the children. It is important to note
, that whoever does the therapeutic mediation may find that a period of individual work
for both Judy and Don Allen will be necessary prior to their ability to be productive I
~ any' co-parenting or mediation work. ---.J
5) Both LeDora and Kathryn should be watched carefully for evidence of any
continued strain in the process of their parents' difficult separation and divorce or in
the "abuse" of the past. It appears that both parents have done well to provide a
counselingnrena for the girls, and it is believed that they will continue to do so as
needed.
6) Followiug successful completiou of all items in this set of recommendatious, it will
be possible for Don Allen's time with the children to, increase as it will be possible for
these two adults to return to a more cooperative and solution seeking process.
7) The specifics of this skeleton set of recommendations can be negotiated Witl~
the two parties and their respective attorneys. ~
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JUDY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v
DONALD ALLEN,
Defendant
NO. 99 - 786
IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows: '
LeDora E. Allen, born February 3, 1990 and Katharine J. Allen, born September 8,
1992.
i'
2. A Conciliation Conference was held on October 21, 2004, with the following
individuals in attendance:
The mother, Judy Allen, with her counsel, MarkT. SilIiker, and the father, Donald
Allen, with his counsel, Scott A. Stein.
3. The parties were before the Conciliator in March of 2003 at which time the case was
referred for an evaluation. An evaluation has been completed and the mother at this
time wants to proceed with a modification of the custody order in accordance with
the evaluator's reconllnendations. The father is in disagreement with the mother's
request and also disagrees with thefmdings of the evaluator. A hearing is required
because the parties are unable to reach an agreement. '
4. The Conciliator recommends an order in the form as attached.
'Io(~~! (j c(
DATE
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JUDY ALLEN,
Plaintiff
V.
DONALD ALLEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-786 CIVIL TE~hM
ORDER OF COURT
AND NOW, this 6th day of December, 2004, upon consideration of the attached
letter from Mark T. Silliker, Esq., attorney for Plaintiff, the custody hearing in the above
matter previously scheduled for December 1'~; 2004, is continued generally. Counsel
are directed to contact the court if they desire a hearing in this matter.
BY THE COURT,
t/gSiark Silliker, Esq.
T.
5922 Linglestown Road
Harrisburg, PA 17112
Attomey for Plaintiff
ott Stein, Esq.
' 3~8~00 Market Street
Camp Hill, PA 17011
Attorney for Defendant
.'re
J~//esley Ole~,~' Jr., 7
Jo