HomeMy WebLinkAbout99-02723
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Individual Treatment Plan
Client Nnme: BSU Number: S:S-.5- r 't' ~ .? 2. n
Current DSM.IV Diagnosis: , . Dnte oCbirlh: ..L;~.1L (i~p.;
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Dl~charge Criteria:
indlcotors of the presence ofposlt/I'e behm'loral changes that 'I'll/take the place of complaints when the
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Record of Clinical Review:
Client Name:
nsu No.
Date:
"~ Objective:
Disposition:
Outcome:
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Information provided by the client I'tgarding Ilh)'Sic:1l condilion hu been I't,;ell'ed. Additional medlc:J foilcm'-vp and/or
medical records have been ordered or requested as determined neeessal')' for tn:4lment.
.
Statement of Responsibility
,
I have participated with my therapist ill the development of my individual treatment plan. I
understand that tbe treatment plan will be reviewed and modified at specified intervals during my
participation in trentment services in the Outpatient Program.
" ~41 cPJ~^':r,.. J 5;~/q'1
Signatu e ofChentIResponslble Party Dale
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Supervisor Dnte
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ature of Prim:u'Y Clinician
Rev, 3/18197
Page 4 of 4
THE STEVENS CENTER
}] St.lle Averue - Carlisle, PA 1701]
10/19/99
Wayne F, Shade
Attorney at Law
53 W. Pomfret St.
Carlisle, PA 17013
Dear Mr. Shade:
This will acknowledge receipt of your letter of September 23rd, 1999 and a response to your
Inquiry regarding selVlces provided to Spencer Myers,
As stated In my letter of July 21", 1999, following a referral by the child's physidan, a follow up
session was provided July 13'h, 1999. It was recommended I follow through with selVlces Into
the school year.
Following this session my records indicated a missed appointment for Aug 3rd, 1999, The father
attended and was not notified of the appointment being missed, The mother Indicated she had
forgotten the appointment. An appointment was then scheduled for 8-6-99, Spencer attended
along with his mother and father, Reduction of acting out behavior and decreased soillng events
continued at the time of the sessions
, An appointment for 8-30-99 was cancelled, due to Spencer attending the first day of school, The
father showed for the appointment because he was not notified of the cancellation.
An appointment was scheduled for 9-17'99, this appointment was cimcelled for what I recall was
a conflict with school activities, A follow up appointment was not scheduled at the time of the
cancellation. I had not heard from the mother to reschedule. I sent a letter to the mothers
home, requesting they call to reschedule If they wished to oor,tinue selVlces, As of the date of
this letter, I have had no response.
Regarding a further need for counseling, the father's perceptions of his child's behavior certalntly
suggests a need to further assess the behavior. Spencer's mother and/or father may schedule
appointments with The Stevens Center for Spencer at their discretion.
I hope this Is helpful, I apologize for the delay In my reply and hope it has caused no
inconvenience,
Respectfully,
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Kevin Heller
Outpatient ainldan
.if J 3/'21(0"
An Agency of United Way of th.. Gr..ater ulli,le Area. Tli.County United Way. Shippensburg Area United Way
Cumberland Perry Ment.:ll Hearth and Mental Retardation Office . Cumberland.Perry Drug & Alcohol Commission
Calli,le: 717.243-6033 . Harrisburg: 717.76(,.9084. Shippen,burg: 717.532-6049. FAX: 717-243.0776
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Wayne F. Shade, Esquire, to
Kevin Heller, M.S.W.
September 23, 1999
Page 2
It is the father's view that Spencer continues to be very much in need of
counseling, Please indicate whether or not you agree. If you do agree, please indicate
your reasons for the continuing need for counseling. Also, the father would be wiIling to
see that Spencer gets to your office during his custody time so that we can avoid the
problem of the mother's canceling appointments. At the present time, the father's
custody begins on Friday when he picks up Spencer at 4:30 P.M. in Shippensburg, If you
could let us know the latest time that we could schedule an appointment with your office
on Fridays, we would move forward to have custody modified so that the father could
pick up the child early enough to get him to your office.
FinaIly, you may be aware that the father of this child is employed as a campus
security officer at Dickinson CoIlege. His wife is employed at Giant Foods. They have
two children, ages three and two, You may also be aware that the mother has led a very
unstable existence over the past few years. She has exposed Spencer to different men and
repeated changes of residence, In fact, we understand that she may be contemplating yet
~other change in residence at this time.
We would be interested on your view as to whether or not a change in primary
. custody to the father would be helpful to Spencer under these circumstances.
Very truly yours,
Wayne F, Shade
WFS/cjt
cc; Mr, Tracy L. Myers
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TRACY L. MYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v,
KRISTIE N, HARRISON,
Defendant
: NO, 99.2723 CIVIL TERM
: CUSTODY
ORDER OF COURT
AND NOW, this
day of_
, 2000, after hearing, it is
ordered and decreed with respect to the custody of Spencer Aaron Myers, born January
16,1991, as follows:
1. Shared legal custody of the child as contemplated by 23 Pa.C.S. ~5302 will be
in both of the parties hereto as the natural parents, All physicians, teachers, counselors
and other professionals who have any association with the child are hereby authorized to
disclose to both parents and legal counsel for both parents any and all information
pertaining to the child, including any reports generated with respect to the child.
2. Primary physical custody of the child shall be in the mother"during the school
year.
3. During the school year, partial physical custody ofthc child shall be in the
father eveI)' other weekend from Friday at 4:30 P,M. through Sunday at 6:30 P.M.,
commencing with April 7, 2000,
4. From the cnd of school in the spring to the beginning of school in the fall,
primal)' physical custody of the child shall be in the father, The mother shall have partial
custody during the summer school vacation every other weekend from Friday at 4:30
TRACEYL. MYERS,
Plaintiff
IN THE COIJRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION. LAW
KRlSTIE N, HARRISON,
Defendant
NO, 99-2723 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
J 915,3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent infonnation pertaining to the child who is the subject of this litigation is as
follows:
Spencer Aaron Myers, born January 16, 1991.
2. A Conciliation Conference was held on December IS, 1999, with the following individuals
in attendance:
'lhe Father, Tracey L. Myers, with his counsel, Waync F, Shade, Esquire; and the Mother,
Kristie N, Harrison, with her counsel, Patrick 1. Redding, Esquire,
3. At issue was the Christmas holiday. 'DIe Conciliator consulted with tlle Judge and also
presented his own recommendation and tlmt recommendation is incorporated in the attached
proposed Order,
4. The parties are also in disagreement with respect to items of summer vacation and otller
specific custody issues, A hearing is requir..:d.
5, TIle Conciliator recommends the entry of an order in the form as att3ched.
~~q
DATE
il~~";~
Custody Conciliator
TRACY L. MYERS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION. LAW
KRISTIE N, HARRISON,
Defendant
: NO. 99-2723 CIVIL TERM
: CUSTODY
ORDER OF COURT
AND NOW, this __ day of
, 2000, after hearing, it is
ordered and decreed with respect to the custody of Spencer Aaron Myers, born January
16, 1991, as follows:
1. Shared legal custody of the child as contemplated by 23 Pa.C.S, g5302 will be
in both of the parties hereto as the natural parents, All physicians, teachers, counselors
and other professionals who have any association with the child are hereby authorized to
disclose to both parents and legal counsel for both parents any and all infonnation
pertaining to the child, including any reports generated with respect to the child.
2, Primary physical custody of the child shall be in the mother during the school
year,
3. During the school year, partial physical custody of the child shall be in the
father every other weekend from Friday at 4:30 P,M, through Sunday at 6:30 P,M.,
commencing with Ap.riI7..200q, ~, ~/) ~'p _ _/ ~ ~~
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4. From the end of school in the spring to the beginning of school in the fall, 4_
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primary physical custody of tHe child shall be in the father, The mother shall have partial a.;r J
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custody during the summer school vacation ,-"n"')' ?tber~"I'gn~ <item Friday at 4:30
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P.M. through Sunday at 6:30 P.M., commencing with the second full weekend after the
end of school.
s... T\jllmQlhC'~ .IUIlI have fourteen (14) days summpr "~~atilln eU51lla)' t9 be taken
CQngllsutivel)' lIpOIl tl.;lI) pel aays' Retial! in writing ffgAl tAg mether tv tl,,, f"tll\;r; -
prn..j.Jo:d, ne"erth~~, tR:lt the father Ino) I'~"'I VI; <lilY twu wl:ell.~ during chI: ~Ullllller as
hills61e llhd 'lI.du~ivl: val.:atlulI time upon provldmg lOrrY-live l4S) days notice III wilting
Ie Ihe 816tll'I, ;11 "hid. evem SUCh vacatIOn lime WIll take preceoence over any sUlfuner
.... "atelieR ~YE;tgdy not f'rG"igY~I~' ~eq"PC'tp.11 hy thp mnt.1ler.
6, Alternating division ofthc Christmas school vacation with the father to have
the child from 4:30 P.M. on the last day of school prior to Christmas through 3:00 P,M.
on Christmas Day in odd numbered years, and from 3:00 P,M. on Christmas Day through
6:30 P,M, on the last day prior to the resumption of school in even numbered years.
7, Alternating division of the Eastcr school vacation with the father to have the
child from 4:30 r.M, on the last day of school prior to Easter through 3:00 r.M, on Easter
in odd numbered years and from 3:00 r.M. on Easter through 6:30 r.M, on the last day
prior to the resumption of school in even numbcred years,
8, The father shall have thl~ child each year from 5:00 P,M, on TImnksgiving Day
through 6:32, P.M. on thc Sunday followi g l~h:iIlks ivings-:.. ~ ~ ~~
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I , 9, 'n evcn nUI11Derco ycars, t c fat lcr s all havc custody ofthc c1l1ld from 4:30
P.M. on the Friday prior to Memorial Day through 6:30 P,M. on Mcmorial Day.
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10, In odd numbered years, the father ~hall have custody of the child from 4:30
P.M. on the Friday prior to Labor Day through 6:30 P.M. on Labor Day.
II. 1ft odd IHuR1?urVQ ~'g8rB, the falker shaH ha~~' 'tt3taa) lIftll,", ""bad nom 4:~
,..pJt 88 lid)" J tluot2d,h 6.38 I'l.r~1. vu Jttly t If Jwl:r 4 "'erg 18 fall an u Fdday pnor'o the
cu~{ud'y wt:~k"'lId velI.,- p..u'I.t ll~.:uo ,",u~lud) vfll., ,",~ljld 6ft JHI~'1, eMBt8t1~'1"B'T]d
J'HH~j,l tn.ith th, paPeRt h8~.tiRg QH~t8~ Ufl 1M!, ~ tJuvU51. 6:J9 PJ4" QA tAB ~HRtf~
fullv..iHg Jlily..t If' 1111)' A "'f~rp fn (hit 8A a gttftlfAJ, \o",.,~lvcl) "attlllI'-.lIu;u;1I tI.",-parcnt
with etiJtea) vf lII'" ",1.;1& dn Jtdy 1 tlu(Jue;h 6.30 P. .lvJ. on tile lVlUlida)' fvIls",,'ft"lg ,..1)'..4.
12. TIn" ["tiler 511,,11 ""VI,; ,,"sludy lIf II..; diad GUlli IO.()('J l\.lvl. througn O:.:IU J',M,
QR l'atkef'J Da)', "lid till; ,..uti." shall have 911&lIl1ily \;)ftR';' I'Ril1l freFR IIlIIlIl.'\.M, tlllough
- (j:;9 P,!\!, <'l/l MatR1lr'o Day.
13, Such other periods of partial physical custody as the parties may from time to
time agree.
14. Both parties shall keep each other advised concerning their home addresses
and telephone numbers,
15, Both parties shall enjoy reasonable telephone contact with the child during
times that he or she does not have custody of the child.
16, Transfer of custody shall be at the residence of the party surrendering custody
of the child, Either parent may authorize his or her spouse or any other responsible adult
-3-
"
I f you have any questions, I would be more than happy to discuss this situation
with you and opposing counsel, Wayne Shade, Esquire, Thank you for your attention to
this situation.
Sinccrcly,
~J9,
Patrick J, Redding, Esquire
PJRlCAR/tat
cc: Wayne Shade, Esquire (via facsimile)
Kristinc Harrison
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MAR 1 4 2000>
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IN THE COURT OF COMMON PLEAS OF THE
39TH JUDICIAL DISTRICT - CUMBERLA~,'D COUNTY BRANCH
Tracy L. Myers,
Civil Action - Law
Plaintiff
v,
No. 99-2723 Civil Term
Kristie N. Harrison,
Defendant
Custody
MEMORANDUM
AND NOW comes Patrick J, Redding, Esquire, legal counsel for the above-captioned
Defendant and presents to the Court, the following Memorandum pursuant to the Court's directive
dated January 18,2000:
I, FACTUAL BACKGROUND
This case began in 1999 with the filing of a complaint by the Plaintiff, Tracey L. Myers and
resulted ill the entry of a temporary order by the Court on May 20, ! 999. The Defend:mt is
maint.1ining primary custody and Plaintiff is maintaining partial rcsidential custody. The Plaintiff is
the natural father of the minor child, Spl'nccr Aaron Myers, date of birth 1116/91. He is not manied
to the Defcndant, who is the natural mother of the child.
The parties in this case werc previously married but divorccd in 1992. At that timc, the
Defend:mt maintained primary custody of Spencer, then approximately one year old. Sincc that
time, the Defcndant has continued to providc primary carc for SpclKcr and has lakcn care of all
nccds ofthc minor child. The Plaintiff, (mthe othcr hand. whilc givcn a rcgular schcdule of custody,
pursuant to a Sl'par:llion Agrccmcnt, failed to avail himself of this timc. In fact. for a period lasling
from19<Ji through 1998, the PJainliffdid nol sce his son at all. This absence wa~ brought 011
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becuuse the PluintifTwas upset with Spencer und wantcd to "tcueh him a lesson". Both parties arc
remarried and have stuble lives. The PlaintifTworks a third or night shift while his wifc works a
duytime schedule. The Defendant works at home and her husband works a day shift.
The child in this case has been experiencing some medical difficulties as well as some
suggested behavior problems most prevalently appearing in 1999, As a result, the Defendant sought
counseling as well as medical intervention, Spencer has been diagnosed with Encopresis, which is a
bowel disorder. The PlaintifTwilllikely argue that this disorder is brought about by unstable
conditions in the home. To the contrary, the medical records indicate and it is anticipated that
testimony will show that this is a disorder which can allect anyone, child or adult, and there arc
treatmcnts available for it. No connection can be made to any instability in Spencer's home.
Additionally, the counseling and related evaluations revealed that Spencer may have some ADHD
difficulties. Spencer and the Defendant have addressed the medical problems and engaged in
counseling in order to address the behavioral problems. Spencer discontinued counseling upon a
recommendation from his counselor. However, the Defendant continues to monitor the situation
and works closely with related professionals in dealing with any intel111ittent problems. Reports
from the medical professionals in this matter will reveal that all goal set for Spencer have been met
and that the Defendant has been participating and cooperJting in reaching all of these goals.
Both parties have adequate homes and adequate homes to care for the child. However, the
PlaintifTis not really home at times when Spencer is there. It is anticipated that the PlaintifTwill try
to argue that the Defendant has frequently moved and that these moves have impacted negatively on
the child. This is simply not the case. Spencer is very happy in his currcnt homc, and any movcs by
thc Defendant wcre in the context of acquiring an "owncd" home, as opposed to renting. Spencer
had bcen having some difficulty in school, where he is in the third grJde:ll the Nancy Grayson
Elementary School in the Shippensburg Area School District and the Defendant has also worked
with the school officials in addressing these problcms. Spencer is currently scheduled for additional
evaluations at the Cumberland Valley Health Center to detennine if in fact he has ADHD.
At this time, the Defendant has made several proposals to resolve this malter, Assuming that
the Plaintiff is serious in increasing his periods of custody, the Defendant did enter into an
agreement in July, 1999, which did increase Spencers periods of time with the Plaintiff, However,
The Defendant does not believe it i~ in the child's best interest to live primarily with the Plaintiff.
The Defendant has been the parent who has addressed each and every problem, illness, and daily
need that Spencer has had for the past nine years and continues to do so, A change in custody is
simply not in the best interest of this child.
The Plaintiff currently resides in Carlisle with his Wife and two children. The Defendant
resides in Shippensburg with her husband, three children and step-child.
The current procedural status of this case brings us to the custody hearing wherein the
Defendant will request that primary custody remain with her and that partial residential custody be
awarded to the Plaintiff pursuant to the current Order issued on July 9, 1999 and January 18,2000.
The Plaintiff is represented by Wayne F, Shade, Esquire.
II. ISSUES FOR HESOLllTION
I, \\rl1ether the best interests are served by awarding primary custody to the Defendant as
outlined in the proposal for resolution outlined in the body of this Memorandum.
a, when the mother has established a relationship with her son, providing all of the
necessities for more than adequate care and has participatcd primarily in the
upbringing and care of her son since birth.
b. when the mother can provide financially for the child's needs.
c. whcnthe mother can provide for the emotional needs of her son.
d. when the mother is willing and able to be availablc whencvcr possible in ordcr to
cxercisc cllstody of her son, which is in thc best interest and wclfarc of the child
beeallse it provides emotional stability and a continuous relationship with a natural
parent.
e, when the mother has been a primary caretaker of her son sinec birth and continues to
provide consistent support and care for her son to this date.
III. NAMES AND ADDRESSES OF FACTUAL WITNESSES
Kristie N. Hamson
116 North Fayette Street
Shippcnsburg, PA 17257
OlTcr of Proof: The Defendant will testify as to her caretaking responsibilities with respect to
Spencer, She will also testify to the lack of involvemcnt by the Plaintiff for many years, Mrs.
Harrison will also testify to thc steps she has taken to address issues concerning Spencer, including
but not limited to the child.s Encopresis and ADHD.
Tracy L. Myers
(as on cross)
522 North Pitt Street
Carlisle. PA 17013
OlTer of Proof: The intent of questions addressed to the PlaintilT will be to elicit infonnation
eonccming his absence from his son's life prior to 1999. Additionally, infonnation will be eliciled
as to sleps the PlaintilT has taken to address the alleged problems that Spencer has. Lastly, a factual
background is intended to be created for the court's consideration with respect to the PlaintifT's
home life, along with other responsibilities and commitments,
Becki Myers
522 North Pitt Street
Carlisle, P A 17013
OlTer of Proof: The intent of questions addressed to this witness will be to elicit infom13tion
conceming the care of Spencer while at the Plaintiff's home. Specific testimony will be sought
conceming incidents where Spencer was left alone by the Plaintiff. Lastly, testimony will be sought
to confinn the schedules of the Plaintiff and Plaintiff's wife which would negatively impact on
having primal)' eare of Spencer.
Brenda Bigler
115 Booz Road
Shippcnsburg, Pennsylvania 17257
OlTer of Proof: Ms. Bigler is the Defendant's mother. She will testify to the past 9 years during
which the Defendant had custody of Spencer, She will also testify as to the lack of involvcment by
the Plaintiff. She will further testify to her observations of Spencer and his relationship with his
father,
Theresa \V arren
251 Neil Road
Shippensburg, Pcnnsylvania 17257
Offer of Proof: Ms. Warren is a close friend of the Defendant. She has been present over the past 9
years and has observed the caretaking of Spencer by the Defendant. She will also testilY as to the
Plaintiffs absence from Spencer's life.
Eric Harrison
115 Booz Road
Shippensburg, PA 17257
Offer of Proof; Mr, Harrison will testify as to the stability of the Defendant's home. Additionally,
Mr, Harrison will testify as to the caretaking of Spencer by the Defendant, the efforts taken to
address certain mcdical conditions and behavioral problems, Lastly, testimony will show the lack of
involvement of the Plaintiff in Spencer's life and that there appears to be a hidden agenda in the
sudden desire to assume primary custody,
Defendant reserves the right to add factual witnesses which will further identify the benefits
of placing primary custody of the minor child with the mother as outlined in the Proposal for
Resolution. Said witnesses will be provided to the Plaintiff in a timely manner.
IV. NAMES OF ADDRESSES OF EXPEIH WITNESSES
Dr. Meredith Williams
Keystone Health Center
820 5~ Avenue
Chanlbersburg. PA 1720]
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Offer of Proof: Dr. Williams is Spencers current treating physician. She handles behavioral
diagnosis as well as medical diagnosis for Spencer. Dr. Williams willtcstify as to medical records,
the diagnosis of Encopresis and the tn:atment for the same. She will further testify as to the eauses
of Encopresis. She will further be available to answer questions the Court or Plaintiff's counsel may
have on this medical condition. Dr. Williams will also testify to working with the Defendant in
identifYing and treating Spencer for behavioml difficulties, Lastly, she will testify that Spencer
otherwise is in good health.
Kevin Heller
Helen Stevens Center
33 State Avenue
Carlisle, Pennsylvania 170 I 3
Offer of Proof: Mr. Heller will testify as to the evaluation and treatment plan created for Spencer,
He will testify that all goals set for Spencer were compleled and were extremely successful. He will
testify as to the Defendants participation in reaching these goals. He will further testify as to the
reasons for the discharge from counseling.
Chis Bowers
Nancy Grayson Elemcntary School
Shippensburg, Pennsylvania
Offcr of Proof: Ms. Bowers is Spcneer's gradcschoolteaeher. Shc willtes!ify as to the programs
Spcnccr is enrolled in and will testify to the adivc irwolvcmcnt of thc Defcndanl in addressing
Spenccr's school diOieulties.
Lori Petty
Nancy Grayson Elementary School
Shippensburg, Pelmsylania
Offer of Proof: Ms. Petty is Spencer's 1ST worker. She will testify as to the goals and programs set
up for Spencer; She will further testify as to her extensive involvemcnt with the Defendant in
addressing Spencer's difficulties, She will be able to provide the Court with infomlation concerning
future goals for Spencer.
Defendant reserves the right to remove said expert witnesses upon stipulation from
Plaintiff's counsel as to lhe authenticity of the records and a stipulation allowing the Court to place
said reports on the record for consideration. Said witnesses wiil be provided to the Defendant in a
timely manner,
Respectfully submitted,
.../;J j /J /l Q
~_/C) . /~____
'Pattick J, Redding, Esquire
Counsel for the Defendant
Kristic Han'ison
REDDING LAW OFFICE
19 North Main Street
Chambersburg, P A 1720 I
(717) 267-1440
Attomey No. 27765
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12.
Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, PlaintifTrequests a grant of primary physical custody with respect
to the child.
d~&~.
Wayn F, Shade, EsqUIre
Supreme Court No, 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717.243-0220
Attomey for Plaintiff
WA''''1: F. SIIAl)!:
Anome)-'alt.\o\
53 W("Sl Pomfrct Sired
CArln,lt:, PCfln~yl\'.nl.
17013
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MAY I 2 199~~)
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IN THE COURT OF COMMON PLEAS OF THE
39TH JUDICIAL DISTRICT - CUMBERLAND COUNTY BRANCH
Tracy L, Myers,
civil Action - Law
Plaintiff
v.
No, 99-2723 Civil Term
Kristie N. Harrison,
Defendant
Custody
ANSWER TO COMPLAINT FOR CUSTODY
AND NOW comes the above-captioned Defendant, Kristie N.
Harrison, by and through her attorney, Patrick J, Redding,
Esquire, and answers Plaintiff's Complaint For Custody as
follows:
1.
Admitted.
2.
resides
17257,
Denied, The Defendant, Kristie N, Harrison, currently
at 116 North Fayette Street, Shippensburg, Pennsylvania
3 ,
Admitted
4.
Admitted.
5. Denied, The Defendant is without sufficient information
as to form a belief in the truth of the allegations of Paragraph
5 of Plaintiffs Complaint and therefore, further proof is
demanded at hearing.
6. Admitted.
7, Admitted,
8. Admitted.
9. Admitted.
10. Admi tted,
11, Denied, It is denied that the best interest of the
minor child will be served by granting primary custody to him and
addresses each of the Plaintiffs allegations as follows:
Defendant has regularly addressed all of the issues raised
by the Plaintiff in that the minor child suffers from a medical
condition, known as Encopresis, which is a bowel disorder causing
loss of control with regard to bowel movements, Said minor child
has been under the care of a physician for said condition and
treatment has been sought, It is specifically denied that any
abuse of the minor child is occurring while in the Defendant care
or any other person allowed to care for the child with
Defendant's permission.
It is specifically denied that the child is suffering from
mental, emotional or psychological problems as a result of the
Defendant's moving. Rather, the child has been suffering from a
nledical condition which is being treated appropriately by the
Defendant.
It is suggested that the minor child may be manifesting some
of his emotional difficulties as a result of the reintroduction
of his father into his life after significant periods of time
without seeing him and a significant lack of involvement by
father over the child's life. The mother has been the primary
caretaker of Spence'r since birth, and since 1993 when the parties
separated and divorced, with little or no involvement by the
father, It is not in the best interest of this child to be
placed in the care of his father given that he has expressed so
little interest in the past and such a change would have a
detrimental impact en the child.
12. Admitted,
WHEREFORE, Defendant requests this Honorable Court to
maintain the status quo as has existed over the past six months
by maintaining primary custody in the Defendant and maintaining
the custody arrangement as has been exercised between the parties
for the last six months.
Respectfully submitted,
'7~~7 . ~e_L'~ .
'i'atrick ,J", Redding, ~e
Counsel for the Defendant
Kristie N. Harriscn
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Day weekend, the child shall be returned on Saturday at
8:30 p,m,
4. Father shall have primary physical custody of
the child from 4:30 p,m, the Friday after the end of the
school year for five weeks, During said time, mother shall
have partial physical custody of the child on the first and
third Friday from 4:30 p,m, to Sunday at 6:30 p.m,
Provided, however, that in the years where the above
visitation falls on Father's Day weekend, periods of
partial custody with mother shall commence on the second
and fourth Fridays after school ends.
Father shall have an additional period of primary
physical custody with the child during the summer recess
from the second Friday after the child's return from the
first period of primary physical custody at 4:30 p.m. until
one week before school begins at 4:30 p,nl. Upon the return
of the child to Mother's primary physical custody, father's
partial physical custody shall be in accordance with
Paragraph 3 above,
5. The parties shall divide the Christmas school
vacation on an alternating basis with the father to have
the child from 4:30 p,m, on the last day of school prior to
Christmas through noon on Christmas Day in even numbered
years and from noon on Christmas Day through 6:30 p,m, on
January 1st in odd numbered years,
6. The parties shall alternate the Easter school
vacation with the father to have the child from 4:30 p,m,
on the last day of school prior to Easter through 1:00 p.m,
on Easter in odd numbered years and from 1:00 p,m, on
Easter through 6:30 p.m, on the last day prior to the
resumption of school in even numbered years.
7, The parties shall alternate the Thanksgiving
holiday with the father having the child from 5:00 p.m. on
Thanksgiving Day through 6:30 p,m. on the Sunday following
Thanksgi\ring in even numbered years and from 4:30 p,m, on
the last day of school prior to the Thanksgiving recess
until 1:00 p,m, on Thanksgiving Day in odd numbered years.
8. The parties shall alternate the Memorial Day
holiday with father having custody of the child from 4:30
p.m, on Friday prior to Memorial Day through 6:30 p.m, on
Memorial Day in even numbered years.
The parties shall alternate the Labor Day holiday
with father having custody of the child from 4:30 p.m. on
Friday prior to Labor Day until 6:30 p,m, on Labor Day in
odd n'..lmbered years,
9, Each party shall be entitled to such other
periods of partial custody as the parties may from time to
time agree.
]0. Both parties shall keep each other advised
concernirJg home addresses and telephone numbers.
.
11, Both parties shall encourage telephone
contact with the child and the other party.
12, Transfer of custody shall be at the residence
of the party surrendering custody of the child. Either
parent may authorize his or her spouse or any other
responsible adult to obtain the child at the residence of
the parent surrendering custody.
Edward E, Guido, J,
Wayne F. Shade, Esquire
For the Plaintiff
Patrick
For the
l~.,~
J. Redding, Esquire v
Defendant
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