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99-04295 (2)
"!?p HOLLY L. DONSBACH, PLAINTIFF V. KEVIN P. SHARY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL TERM n1-ORDER OF COURT AND NOW, this "l"am ` day of June, 2005, a hearing on the plaintiffs emergency motion to modify custody, shall commence at 2:00 p.m., Thursday, June 16, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, pnnsylvania. By the Court; Edgar B Mark D. Johns, Esquire For Plaintiff Samuel L. Andes, Esquire For Defendant copy ? VPA 01-c Aziko( J. :sal n{ Or 7FILFp_n_ ?0?? r;; _g Pfy 3; l,3 w., <... <uv+ a.+. <u u.lU,4DO1? - rHVG Ul .. Mark D. Johns, Esq. Id. 4 85270 P.O. Box 842 Horsham, PA 19044 (215) 285-4438 Holly L. Dousbach ; COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY V. : FAMILY DIVISION Kevin P. Shary Defendant SQF?IIA-- 9? - ?/ / C)91,5 EMJRGENCY MO'I,ON TO MODIFY CUSTODY I. Plaintiff, Holly L. Donsbach, is an adult individual, and resides at 152 Faith Circle, Carlisle, PA 17013. 2. Defendant, Kevin P. Shary, is an adult individual and resides at 2442 Duke Street, Carlisle PA 17104. 3. Parties are respectively the mother and father of the Minor child, Alana Clair+esse Shary, D/OB/ 05/31/1990- 4. The Plaintiff is the primary custodial parent pursuant to an order of this court A copy of the order is attached hereto, made a part hereof and marked Exhibit "A". 5. The Defendant is scheduled to have custodial rights for summer months pursuant to said order. 6. Plaintiff believes, and therefore avers that it would be detrimental to the minor child for defendant to have custody at this time. The reasons for this belief are: A) Defendant has been verbally abusive of the minor child. B) Minor child is seeing a psychological counselor due to the trauma caused by this verbal abuse. C) Minor child, age 15, does not wish defendant to have custody. D) A copy of the minor child's psychological report stating it is not in the child's best interest for the father to have custody at this time is attached hereto, made a part hereof and marked Exhibit "B" for reference. 7. Plaintiff seeks to modify the order of this court as follows: A) Parties share joint legal custody. B) Mother to have primary physical custody. C) Father to have supervised visitation not less than two (2) hours per week and not more than six (6) hours per week. D) Defendant shall attend counseling with the minor child at least one (1) time per week. E) Defendant is ordered to attend an anger management class. 8. I lainlil7'reyuesls that the Court sign the Temporary Order. WIIF,RFFORF, for ttic foregoing reasons plaintiffl-espectively rcqucsts Ihal III is f lonorable Court grant her motion and sign the proposed order. Respectfully suhmillcd Mark [ins. Esquire Alton y tin Plaintil7' (lolly L. Donsbach VERIFICATION I, Holly L. Donsbach, do hereby state and verify that I am the Plaintiff, and that the statements made in this Emergency Motion for Custody are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date P2 l Holly onsbach MAY 0 2 2003 HOLLY DONSBACH' . Plaintiff VS. KEVIN P. SHARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this 6 day of ?ln.cu.r , 2003, upon consideration of the attached Custody Conciliation Repo Wit is ordered and directed as follows: 1. The prior Orders of this Court dated September 15, 2000 and November 27, 2001 are vacated and replaced with this Order. 2. The Mother, Holly L. Donsbach and the Father, Kevin P. Shary. shall have shared legal custody of Alana Shary, bom May 31, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, educatioh and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall share having partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child from after school on Friday, May 2, 2003 through Sunday, May 4, 2003 at 7:00 pm. B. The Father shall have custody of the Child from after school on Thursday, May 8, 2003 through Sunday, May 11, 2003 at 12:00 noon. C. Thereafter, the Father shall have custody of the Child over alternating weekends from Thursday after school through Monday at the beginning of school. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father. E. All exchanges of custody on school days shall take place at the Child's school and all other exchanges shall take place at the maternal grandmother's residence, unless otherwise agreed between the parties. 4. The parties shall alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In odd numbered years, the Mother shall have custody of the Child from 5:30 pm on the last day of school before the holiday until noon on Christmas Day, and the Father shall have custody from 12:00 noon on Christmas Day until school resumes. In even numbered years the Father shall have custody of the Child from 5:30 pm on the last day of school before the holiday until 12:00 noon on Christmas Day, and the Mother shall have custody from 12:00 noon on Christmas day until school resumes. B. THANKSGIVING / EASTER: In even numbered years, the Father shall have custody of the Child during the entire Thanksgiving and Easter school vacation periods and in odd numbered years, the Mother shall have custody of the Child during the entire Thanksgiving and Easter school vacation period. C. The holiday custody schedule shall supercede and take precedence over the regular custody schedule . 5. During the summer school break each year, the Father shall have custody of the Child for four consecutive weeks beginning on the first day of the summer school break, the Mother shall have custody for the next four weeks, the Father shall have custody for the following two weeks and thereafter the Mother shall have custody through the beginning of the new school year. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at.a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Charles Rector, Esquire - Counsel for Mother Samuel L. Andes, Esquire - Counsel for Father ISJ A e3:" Edgar B. Aayley 0 / J. 1 ms seal of said W.-4 at PC ? ? ? Pru.,w„C'?ry HOLLY DONSBACH, Plaintiff vs. KEVIN P. SHARY Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Shary May 31, 1990 Mother 2. A Conciliation Conference was held on April 29, 2003, with the following individuals in attendance: The Mother, Holly L. Donsbach, with her counsel, Charles Rector, Esquire and the Father, Kevin P. Shary, with his counsel Samuel L. Andes, Esquire 3. The parties agreed to entry of an Order in the form as attached. _ ! C any aco _ Date Dawn S. Sunday, Esqui Custody Conciliator V L ILU Pennsylvania Counseling Services - Carlisle Psychiatric gMVICEB 1 Greystone Road, Carlisle, PA 17013 a (717) 245-9255 a Fax: (717) 2459198 a pacounseling.mm Roy A. Smith Jr., Ph.D., president, CEO a Ruth M. Davis, Pax: Eastlxetetabur& PA 17520 June 7, 2005 (717)460-19oe Faz: (117) 5601911 Re: Alana Sh ary LANCASTER CITY 302 west Orange Streak To Whom It May Concern: L.ter, PA 17603 (717) 3974081 1"(717)3974414 My name is Michele O'Connell and I am a therapist with Pennsylvania LEBANON Av enue J Counseling Services. I have been working with Alana Shary since September Lebanon. ' 7)2 s'-a; of 2004. Miss Shary attended the intake accompanied by her mother and Fax: (717) V24166 stepfather. At that time, Miss Shary presented with depression and anxiety. PONCE Miss Shary verbalized thoughts of suicide during the intake. Both her mother 1465out"th Street Roadln&PA 19602 and her stepfather were extremely concerned by Miss Shary's flattened affect Pax:(610)37247.5442 and lability of mood. READING P IMPemAvernae Ree I" During her course of treatment, Miss Shary has focused heavily on her (610) 6 270 (610)670.7710 825 relationship with her father and the effects that it has on her, Over the course Pax: (610) 678-3 of my work with her, I began to easily be able to identify when it was a week READING CITY 938 Penn street that she was to go to her father's house. Her affect was flatter, her mood was Reading. PA 19602 (610)47&6668 more irritable, and she seemed to find happiness in very little. She would 1.:(610)4781886 offer very little to the conversation and her eye contact became poor. When RE"i"'nuAN`R 701CAeebulstreet Miss Shary did not have to see her father, her atTect was bright and she had no "°"'°°2717041 717 274 2741 disposition. She was relaxed and active) involved in the conversation. Y ( ) - (117) 7145104 Pax: RENAISSANCE CROSSROADS On several occasions, Miss Shary would come into a session visibly angry. 70LaWCro PA 70 3t This anger was always directed at her father, and it often stemmed from a Fax:(717) 2744301 phone call that she had received from him. At this time, Miss Shary was WESTSNORE honest and open in communicating her thoughts and feelings regarding her PA17M M h d tru father. Miss Shary's personality changes when it comes to speaking about her e< arr a rrg, ' o17)W5- father. Her thoughts regarding herself, as well as her worth become poor. N66 Fa,. Her perspective on everything around and within her becomes negative. YORK 26 MountZm Road Yo,k, PA 17402 (717) 8401561 In my professional opinion, Miss Shary functions in a more positive manner F..(717) 7558859 when she does not have contact with her father. Her outlook on life in general YORK PSYCHIATRIC S is much healthier. Miss Shary loves her father, however, she recognizes that it heet 118N. York, PA York, PA not in her best interest to be around him at this time. Professional) Y speaking, (77)8184116 Fex:(717)852-7580 1 believe the same. I professionally recommend that Miss Shary and her PCS1049n father, at the very least, see a therapist together in order to address their Employee AalR .. "A V A "u Pennsylvania Counseling Services - Carlisle Psychiatric .Ounw ing 8MVICE6 1 Greystone Road, Carlisle, PA 17013 • (717) 2459255 • Fax: (717) 2459198 • pacouoseling.com Iaen Sr. V-n r or re-:...... - Roy A. Smith Jr., Ph.D., President, CEO • Ruth M Davis, MBA, Exwttl HARRISBURG 4918 Latun I. N+rdebmg,PA1710 9 M7)671-%10 F.x CA7) 671-660 LANCASTER relationship issues. In the event that Miss Shar 's father is abl t id if Peter g"A 1175`2" y e o ent y how he affects his daughter, and agrees to take the necessary steps in order to Facr/17)560J9941 put an end to making her feel the way that she does, visitations may be I......- __. reinstated. mnw'wi If I may be of further assistance to ou at this time l f l f P'• m''"?i1 I y , p ease ee ree to contact me at 717-701-0407. LEBANON 350N.sixthAvenue Lebanon. PA 17046 PONCE Respe ly, 146 South Sth Street R PA 19602 f0?? (610)326sw Fu;: (610) (610) 326542 v,v READING IM Fenn Avenue ,PA 19609 Michele L. O'Connell, M.S. (610) 6767170 In; (610) 6783825 READING CT' I Chegnut Street I. YORK 26 Mount Zion Road York, PA 17402 (717) 8100984 Fax: (717) 755,8859 128NoretGeorgestreel York, PA 17401 (717)84&6116 Fax:(717) 852-7560 PCSJobCare Employee Asvia4nn F,W. 18007m- 05 C3 ,Q^ Cl) c? ' z CL- -' e rn Q`If u? O CCLLJ CV HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHARY, Defendant 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 NO. 99-4295 CIVIL TERM 1 1 IN CUSTODY DEFENDANT'S PRE-HEARING MEMORANDUM AND NOW comes the above-named Defendant, in accordance with this court's order of 29 February 2000 and files the following Pre-Hearing Memorandum: 1. DEFENDANT' POSITION REGARDING CUSTODY Plaintiff and Defendant are the biological parents of one daughter, Alana C. Shary, age 10, born 31 May 1990. The child lived with the parties while they resided together and, after they separated in 1996, the parties have shared physical custody of the child. Because of the child's residence, she has attended Holy Name School in Harrisburg since she started her education. Plaintiff seeks to change the present order by making a few small adjustments to the custody schedule and by having the court direct the parties to withdraw the child from the school she has attended in Harrisburg so she can attend public school on the West Shore, where the Plaintiff resides. Defendant resists that change because the child has done, and is doing, well at her present school and he believes a disruption in her schooling will not benefit the child. Defendant's position in that regard has been supported by the psychologist that the parties requested do an evaluation of the situation, Pauline Wallin, Ph.D. II. DEFENDANT'S WITNESSES. At the present time Defendant intends to call the following witnesses at the hearing: a) Defendant himself, who will testify about his living arrangements, the child's education, and the child's relationship with him. b) An administrator or other representative of Holy Name School who will testify about the child's performance, attendance, and behavior at the school and who will describe the school and its various programs to the court. c) Pauline Wallin, Ph. D., who will be called as an expert witness to testify in accordance with her evaluation report. Respectfully Submitted, (7? ?? ? ??- n Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 n a p N a n A a m r 6 ? K N a ? ? z W a x ° w p ? i a 4 F p ;, d ` z N O N ? u7 r7 1%, HOLLY L. DONSBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4295 CIVIL TERM KEVIN P. SHARP, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AMID NOW, this a?.r?, day of 4A Y'(, C 2000, upon consideration of the attached custody nciliation Report, it is ordered and directed as follows: 1. A Hearing is schedul in ourt Room # o? , of the Cumberland County Court House, on the day of - 2000, at k! o'clock m. at which time testi ny will be taken. For purposes of this Hearing the Mother, Holly L. Donsbach, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further order of Court or agreement of the parties, the prior Order of this Court dated September 9, 1999 shall continue in effect. BY THE COURT, Edgar B. ayley, cc: Charles Rector, Esquire - Counsel for Mother Kevin P. Shary, Father TF"Y HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHAKY, Defendant PRIOR JUDGE: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY OONCILLWICK SUMMARY REPORT IN ACCORDANCE WITH CERMERLAM COMM ROLE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Clairesse Shary May 31, 1990 Mother/Father 2. A Conciliation Conference was held on February 15, 2000, with the following individuals in attendance: The Mother, Holly L. Donsbach, with her counsel, Charles Rector, Esquire, and the Father, Kevin P. Shary, who was not represented by counsel. 3. This Court previously entered an order in this matter on September 91 1999 reflecting the parties' agreement at a Conciliation Conference to obtain a custody evaluation and to share physical custody of the Child pending the evaluator's recommendations. The evaluation was completed by Pauline Wallin, PhD. Thereafter, the Mother filed this Petition for Modification. The parties were not able to reach an agreement as to ongoing custody arrangements and it will be necessary to schedule a Hearing. 4. The Mother's position on custody is as follows: As the Mother currently lives in Shiremanstown, she believes it would be in the Child's best interest to transfer from her current enrollment at Holy Family school in Harrisburg to either the Shiremanstown Elementary school or St. Joseph's school in Mechanicsburg. The Mother was willing to continue with a shared physical custody arrangement similar to the current schedule which divides the weeks as well as the weekends approximately in half. The Mother also proposed 2 uninterrupted weeks for each party during the summer and alternating holidays. The Mother's main concern was to enroll the Child in either parochial, or preferably, public school in the Mother's school district. 5. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to remain in the school which she has been attending in Harrisburg as recommended by Dr. Wallin in her evaluation report. The Father believes it is very important for the Child to continue to attend parochial school and does not believe there is justification for a change in schools at this time. While the Father was willing to discuss the Mother's detailed custody proposal at the Conference, he indicated that he had not had sufficient time to consider whether it was acceptable and requested an additional week to make a decision. Thereafter, the Father contacted the Conciliator to advise that although other aspects of the proposal were agreeable, he felt At was important that the Child continue to attend school at Holy Family in Harrisburg. 6. While the parties were very close to reaching an agreement on all issues other than school enrollment at the Conference, the school issue is extremely important to both parties. At the Conference, the Mother requested that a Hearing be scheduled in the event the Father rejected her proposal with respect to the school transfer after further consideration. 7. The Conciliator recommends an order in the form as attached scheduling a Hearing in this matter. It is expected that the Hearing will require one-half day. T Z aOtrb Date Dawn S. Sunday, Esquii Custody Conciliator HOLLY L. DONSBACH Plaintiff V. KEVIN P. SHARY, Defendant 2. 4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY The parties to share legal and physical custody of the minor child, Alana C. Shary (DOB 05/31/90). The minor child will attend school from mother's home located at 312 W. Maple Avenue, Shiremanstown, PA. Father shall exercise his periods of shared physical custody as follows: a. From Monday after school through Wednesday before school. b. On the 2"d and 4`h weekend of each month from Friday at 6:00 p.m. through Sunday at 10:00 a.m. C. If Alana has a day off from school on Monday or Tuesday, Father may pick her up at 8:00 a.m. d. On alternating holidays from 8:00 a.m. the day before the holiday until 6:00 p.m. the day following the holiday on Christmas, New Years, Easter, Memorial Day, July 4`h, Labor Day and the child's birthday. Father's holiday schedule shall commence on July 4, 2000. Both parents shall have two (2) one week periods of summer vacation with the child each and every summer. a. Father shall have the second week of July and the second week of August. b. Mother shall have the third week of July and the third week of August. C. Vacation times shall be from 8:00 a.m. Sunday through 8:00 a.m. Sunday. PLAINTIFF'S EXHIBIT ?? ?0 6. The parties shall divide equally the cost of tuition and uniform expenses for the child's attendance at St. Joseph's Elementary School in Mechanicsburg, PA. Transportation shall be provided by the parent receiving custody. Date: 6 J k11 0 RESPECTFULLY SUBMITTED, CGarles Rector, Esglfire1 1104 Femwood Avtnue, w. 203 Camp Hill, PA 17011-6912 (717) 761-8101 U m a L N G = ? ? ^ N LL ? N Q n Du(yu11WaS? W - -W z a 0 LL LL O 0 w? a o lilo Q x JNrc?io n wa a s- U HOLLY LEE DONSBACH, Plaintiff vs. KEVIN PATRICK SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 4k k day of 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Donsbach, and the Father, Kevin P. Shary, shall submit themselves and their minor Child, Alana Clairesse Shary, to a custody evaluation to be performed by Stanley Schneider, PhD. or Pauline Wallin, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will serve the best interests of the Child. The cost of the evaluation shall be shared equally by the parties. 2. The parties shall share having legal custody of the Child. Accordingly, each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. Pending the conclusion of the evaluation and further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following arrangements: A. The Father shall have custody of the Child every week from Sunday at 10:00 a.m. through Wednesday when the Child goes to school. The Mother shall have custody of the Child every week from Wednesday, when the Mother shall pick up the Child at school, through Sunday morning at 10:00 a.m. when the Mother shall transport the Child to the Father's residence. B. The parties shall exchange the Child's clothing, school materials and other belongings as necessary in a civil and cooperative manner during exchanges of custody. C. In 1999, the Mother shall have custody of the Child over the Thanksgiving holiday from after school on the Wednesday before Thanksgiving through the following Sunday morning at 10:00 a.m. in accordance with the regular custody schedule. Also in 1999, the Father shall have custody of the Child over the Christmas holiday during both Christmas Eve and Christmas Day. D. The Child shall continue to attend school at Holy Family in Harrisburg. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. , BY cc: Thomas Gould, Esquire - Counsel for Mother - ??.Q,,,_ c11q/gg. Kevin P. Shary, Father cot `7 " ` 'S-P, HOLLY LEE DONSBACH, Plaintiff Vs. KEVIN PATRICK SHAKY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Clairesse Shary May 31, 1990 Mother/Father 2. A Conciliation Conference was held on September It 1999, with the following individuals in attendance: The Mother, Holly L. Donsbach, who attended the Conference without her attorney, Thomas Gould, Esquire, and the Father, Kevin P. Shary, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator ?l W 4 W y 33j ' a G 2 I l `" w u??H 03 04 u ? W ? O ? N pz s O z O ? E h h A o c? H u 3 A ? ? ? e pz 1 ? C 2 sEP - 7 19PO, HOLLY L. DONSBACH Plaintiff V. KEVIN P. SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, comes the Plaintiff, Holly L. Donsbach, by and through her attorney Charles Rector, Esquire, and in compliance with Your Honorable Court's Order of February 29, 2000, files the following Pre-Trial Memorandum: The parties are the natural parents of one daughter, Alana C. Shary (DOB May 31, 1990). The parties separated in 1998, during which time the minor child attended holy Name School in Harrisburg. Prior to the commencement of the 1999/2000 school year, Plaintiff and Defendant had agreed that the minor child would attend school on the West Shore near Plaintiffs residence at either Shiremanstown Elementary or St. Joseph's School in Mechanicsburg. Despite that agreement, Defendant absconded with the minor child for approximately fourteen (14) days prior to the commencement of school and enrolled the minor child at Holy Name School over Plaintiffs objection. At the parties' Conciliation Conference of February 23, 2000, Plaintiff agreed to enroll the child at St. Joseph's School in Mechanicsburg because of the child's previous parochial school enrollment. Plaintiff has offered to pay one-half of the tuition for her daughter's attendance at St. Joseph's. In addition, she continues to be willing to share physical custody of the minor child in such a way that divides the weeks and weekends in half. She also believes that a one week uninterrupted vacation period at the beginning and end of the summer are appropriate. Her main concern is the enrollment of the child in either a parochial or public school in her school district. The child continues to state to Plaintiff her consistent preference to attend school from Plaintiffs home. At the present time Plaintiff intends to call the following witnesses: a. Holly Donsbach - Plaintiff will testify regarding her current living arrangements, the child's education and the child's continued preference to remain with her for purposes of school attendance. b. Alana Shary - The minor child is anticipated to testify in Chambers of her continued preference since the Summer of 1999 to attend school from her mother's home. C. Pauline Wallin, Ph.D. - as on cross examination regarding her report. d. Ken Housel - Mr.Housel will testify regarding all aspects of Defendant's obstructive conduct prior to the commencement of the 1999/2000 school year. RESPECTFULLY SUBMITTED, LCharles Rector, sq ' e 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 G !G (717) 761-8101 Date: CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 4 day of June, 2000, I caused a true and correct copy of the within Pre-trial Memorandum of Plaintiff to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043 1104 Femwood Ave , Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: / ?! A//O U dg__ Nao rN LL 5 5 a? 0 0 U W i y C W Z LL 0 0F-0W\ Woao Q 6'??W _lUl¢se Wwa? a 4ouC S' U AN 18 2000 0 Q9- yaas a-t7.4A-L, Pauline Wallin, Ph.D. Licenser! PSycluiingLe! 201 South 32nd Street Camp Hill, PA 17011 & Associates (717) 761-IS14 FAX (717) 761-1942 EMAIL: pwallin0paunline.cont ADDENDUM TO CUSTODY REPORT, DONSBACH v. SHARY December 6, 1999 On 12/6/99 Ms. Donsbach submitted to me a list of her correction and objections to facts stated in my report. These are attached herein. Ms. Donsbach felt she was being represented in a poor light. Specifically: • She dropped out of high school, not when she met Mr. Shary, but in her senior year. • Mr. Shary bought his house not after Alana was born, but when Ms. Donsbach was 7 months pregnant. Furthermore, she believes he bought it because the house was close to his office. • She called his probation officer to report him in 1997 not because she was angry, but because she was scared that he would take Alana away and that he sold her furniture. • The letter professing her love was not written on July 1, 1999, even though this date appears on my copy of the letter. Ms. Donsbach claims that the date is not written in her handwriting. She claims that the letter was written in May, 1999, when she and Mr Shary still had a sexual relationship. • She claims that her pantomimed shooting herself in the head during a board game at my office was meant asajoke • In recounting her personal history 1 correctly noted that her parents separated and reconciled, but 1 failed to mention that they separated again after two months Ms. Donsbach also felt that facts concerning Mr. Shary were misrepresented. Specifically: • He never threatened to file for custody; rather he threatened to make it long and painful for her if she filed. • He has used foul language in front of Alana. • His last arrest was for possession of marijuana, not paraphernalia. • He was expelled from high school because he had held a knife to a student's throat. • His mother is a "chronic pill junkie" and his father is an alcoholic. Moreover, his mother lives in Delaware and has no first-hand knowledge of the facts. • In a recent altercation between her and Ms. Thomas, it was Ms. Thomas who started it. With regard to Alana, Ms. Donsbach claimed that: • Alana is not an A student. Her last report card showed B's and C's. • Ms. Donsbach and Mr. Shary never had an agreement, as he claimed, that Alana would continue at Holy Family School permanently, only that she could stay there until the custody evaluation was completed. • Mr. Shary stated that he wants his daughter raised Catholic. Therefore, why does she attend a Baptist Church with Kim Thomas? Ms. Donsbach's responses are hereby noted. Most of her objections are to facts as reported by other people in interviews. She is concerned that 1 did not verify them all with her. Despite her objections, my interpretations and recommendations stand as written in the original report. r ^? Pauline Wallin, Ph.D. Licensed Psychologist F,ncl: 2 pages C'UNSUIJ AI ION • CVALVAI ION • I:YYC 11011llln A 1'Y t iYd O-f Utz rn 1.I felt used not just because of the rides but because up loG?r?e.c until June 4th we were still seeing each other and sleeping 7`,;o togather. I called his p.o. 2 years before not during this time AJ0 O A period. ?rj, W¢l L_.C x IM, iou,?.,Ci? Mc? F,no. ta,,,o cyty-9?: 2.My parents only reconciled for 2 months, not pervmenently.-,7N 4i0q, Z,&Lw 51, 3.1 left school my senior year due to pregnancy, I began to see Kevin my freshman year. This makes me sound illiterate'1 4.It was a joke, this was taken out of context i 5.Kim began the arguement by saying"she was going to get me ?apy and make me" I was threatened first, I have a witness, - Zj i.o A t you never aske7 Ken or reflected that she did anything wrong this is unfair. f «,u aia Wee, 1,'. c? ? ?4Lc%ee? -"e-e- o-c 6G? ???tca?ec? Lcee 6.1 never agreed to the school, he enrolled her there while, he was keeping her from me 0 oc jc-t-e z ouey ro /ie-(, 3fn ? 7.He never threatened to file what,he threatened was to make ??cn it as long and painful as he could if I filed. Id 1172 .4 8.1 called his p.o. he threatened to take Alana and said he sold all of my furniture. 9.1f he wants her raised catholic, why is she attending a 1 baptist church with Kim? YO-4- l? r 1/? ea°O - .OSa « S?It? a?dPi / 10.Mother -Chronic pill junkie Father- alcoholic ? 77a-w Ac-za ll.was kicked out of school due to holding a knife to a students throat to "make him sing" 12. the last arrest was not for paraphenalia, but for possession of mj. 13.1 was 7mo pregnant when we bought the house, it was also 4 blocks from his office at 736 S.25th St. 14.He denied he was seeing anyone until I seen them together t 14b.My exact comment was "call me if you change your mind,I` can keep them or shread them,it does not matter" but you didn't ask me about it. Q?/.^ y?ti? °Q?°G lZe Ime"e- &Z'L_ Sw6cv 6e vu? Sri / l ??? 15. "kicked out" that was not my intent 7-.21 -&?`Ze 4, 16.She never mentioned the letter during the argument, I Au t, have a witness - c,rt Pr 7 ?au ?,rt?ec? L. 17. Grades have dropped to H and C please verify with teacher at 232-2551 18.This date is wrong,or was forged s.u.c 71 . 19.She lives 200 mi.away how does she know what Kevin or I do or don't do. The "breast" thing just did not ever happen cue ?z_r so I won't addre ss it. To me it is slander on her part. I sce don't sleep with Ken in my bed, I have more respect for Alana than that. Slloic ?G ?t? S C? ?, CL? 4 rf wC You were aware of all or most of these facts but they were not included or were not interpreted correctly. It is critical that they be corrected and sent to the judge. I am trying to avoid court if possible 1c. ?? Guo? 5G/?,v_eLu?Q ?a 7/2e 5 cue L? ? ozc.? 10614 a C22P ?,ze ?c?lGeyc ?E d/ao llze-or- eepA c cC gd-e a? '7lZf%J sr/Zlo G?etu?cy ?G'z?e?, ? ???,,? U?"?/ ? L,J /h a7 BOO d'L/ /i1Z Pauline Wallin, Ph.D. Licensed Awcholaei-rr & Associates (717) 761-1814 FAX (717) 761-1942 EMAIL: pw; llin0paonlinesmn CUSTODY EVALUATION Child: Alana Shary, D.O.B. 5131190 Parents: Kevin Shary Holly Donsbach Dates of Evaluation: 9/15/99 - 11/11/99 Date of Report: 11/29/99 Assessment Procedure Interviews with Alana's mother, Holly Donsbach Interviews with Alana's father, Kevin Shary Behavioral observations of Alana alone, with each parent, and with each parent's significant other Interview with Ken Housel, Ms. Donsbach's fianc8 Interview with Kim Thomas, Mr. Shary's girlfriend Psychological testing of Ms. Donsbach, Mr. Shary, Mr. House[ and Ms. Thomas: Minnesota Multiphasic Personality Inventory (MMPI) Psychological testing of Alana: Drawings, Roberts Apperception Test for Children (RATC) Interview with Alana's maternal grandmother, Pat Donsbach Telephone conference with Alana's teacher, Mrs. DeSolis Review of records: School worksheets Letters from Mr. Shary to Ms. Donsbach, and from Ms. Donsbach to Mr. Shary Psychological evaluation of Ms. Donsbach, 1998 Copy of the civil suit filed by Ms. Donsbach against Mr. Shary Various written communications by Ms. Donsbach of incidents that reportedly caused Alana some distress Letter from Attorney Lawrence Frank to the Office of the U.S. Trustee, suggesting investigation of alleged bankruptcy fraud by Mr. Shary Photo of damage done to Ms. Donsbach's car Photo of table allegedly broken by Ms. Donsbach in a fit of anger Mr. Shary's criminal history record Proposed custodial agreements submitted by Ms. Donsbach and Mr. Shary to each other Court Order 9/9/99, with regard to custody and psychological evaluation Mr. Shary's visitation schedule 8-page letter to me outlining Ms. Donsbach's attempts to interfere with his relationship with Alana Copy of Ms. Donsbach's LPN license Copy of Ms. Donsbach's performance review for the period 2/98 to 2/99 201 South 32nd Street Camp Ilill, PA 17011 CONS IIIAA'I ION • RVAIAIAI ION • PSYCHOI IIE8APY Donsbach v. Shary... Page 1 Background Data Alana's parents were never married to one another, but lived together for most of her life. They separated when Alana was three months old, and again in July, 1997, but reconciled a few months later. In September, 1998 they separated for good. Over the past year they could not arrive at a mutually agreeable visitation schedule; thus, the matter was decided by the Court on 9/9/99. The current visitation arrangement is as follows: Alana spends Sunday morning through Wednesday morning with her father, and Wednesday evening to Sunday morning with her mother. For the past several months there has been bitter conflict between Alana's parents. Mr. Shary claims that Ms. Donsbach prevented him from seeing his daughter and that she has tried to alienate Alana from him. Ms. Donsbach claims that Mr. Shary has threatened to take Alana away; that he did indeed kidnap Alana last summer and refused to let her speak with her. But of greater concern to her is that she believes Mr. Shary is verbally abusive to Alana, and that this causes Alana unnecessary stress. The current evaluation was ordered by the Court in order to help determine custody arrangements that will serve the best interests of the child. Holly Donsbach INTERVIEW DATA Ms. Donsbach arrived promptly for her appointments. She was well groomed and casually dressed. She appeared generally anxious, and was quite defensive injustifying her actions and decisions. She presented herself as a victim of Mr. Shary's manipulation and wrath. He had threatened to take Alana away; he had reneged on his previous agreement to allow Alana to attend public school in her mother's school district; he had a terrible temper, which he took out on her and Alana. In March, 1996, in Alana's presence he allegedly threatened to break a glass and to cut her (Ms. Donsbach's) face. She does not feel that Mr. Shary has Alana's best interests in mind. For example, on the evening before a math test, he took her to a baseball game. The next day Alana got 35% on her math test. On another occasion he "dumped her with a known drug user who babysat her." Ms. Donsbach is concerned that Alana spends most of her time at her father's in the office of his store, or else in the company of his girlfriend. She does not play with friends after school when at her father's. Donsbach v. Shary... Page 3 Mr. Shary is reportedly petty and stubborn. For example, he refused to return the clothes that Ms. Donsbach had sent with Alana to Delaware. He also refused to allow Alana to take her turtles to her mother's house. Ms. Donsbach has filed a claim with the District Justice to get these items back. She believes that Alana is better off with her, because her work schedule is more predictable, she is better able to provide for Alana's emotional needs, and she disciplines Alana in a more effective and gentle manner. Contrary to Mr. Shary's claims that Alana is neglected and not well-fed, Ms. Donsbach produced a menu of wholesome meals that Alana had recently eaten. Ms. Donsbach said that her relationship with Alana's father had always been volatile. He had a drinking problem and was in prison for a DUI. He also used to use marijuana, but more recently he was "on the business end of it." Ms. Donsbach felt used by him. When he had his driver's license suspended she drove him wherever he needed to go. One day when he was driving himself with a suspended licence, she called his probation officer. Ms. Donsbach and Mr. Shary were in counseling together for a few sessions. However, according to Ms. Donsbach, Mr. Shary would not cooperate with the therapist's suggestions. Last May Ms. Donsbach started taking Alana to psychotherapy. The girl was exhibiting "bizarre behaviors" such as flinching when her mother came near her. She would also complain to her mother that she didn't want to leave when it was time to go to her father's house. Ms. Donsbach states that Mr. Shary refused to participate in Alana's therapy. Alana's current therapist has sent Mr. Shary a letter inviting him to participate, but he declined. Instead he demanded copies of Alana's records. The critical point came last August when Mr. Shary took Alana to his parents' home in Delaware. When he returned, he did not allow Alana to see her mother for 10 days. She talked to her mother twice on the phone during this time. During one of those calls, Alana cried that she wanted to come home; Mr. Shary then grabbed the phone away from her. After that incident Ms. Donsbach believed that Mr. Shary could possibly kidnap their daughter and disappear with her. After the papers for custody were filed, Mr. Shary's car was vandalized, and he blamed Ms. Donsbach and her brother. A few weeks later her car was spray-painted with the words, "You won't win" on the trunk. She believes that Mr. Shary or an agent of his was responsible for this. Ms. Donsbach is currently living with her mother and brother in Shiremanstown. She is engaged to Ken Housel, whom she admits she started seeing while she had been living with Mr. Shary. Ms. Donsbach described her personal and family background. There is a history of depression in her family. Her maternal grandfather committed suicide, and her cousin has been treated for depression. Ms. Donsbach takes Prozac for depression. In 1997 she was fired from her job after Donsbach v. Shary ... Page J stealing a hospital patient's pain medication. Her current employer is aware of this, and she has since received positive work reviews. Ms. Donsbach talked about the incident that had got her fired. At that time she had been feeling very depressed and had left two suicide notes. The Demerol that had been allocated to a patient was not used, so she took it. After she was fired she received counseling and medication. In August, 1998 she was evaluated by psychologist Dr. Jeffrey Pincus in connection with the drug incident. This was prompted by the Professional Health Monitoring Program of the Board of Professional and Occupational Affairs. Dr. Pincus noted that she was depressed, but aware of the irrationality of her actions. He concluded that her main problem was not that of drug addiction, but in her relationships with others, where she ended up feeling victimized, resentful and depressed. Currently she reports feeling more in control of her life, except for the fact that Alana's father is making things difficult for her. She admits having used drugs in high school and before Alana was born, but denies current use. She has two or three mixed alcoholic drinks every other weekend. Ms. Donsbach was bom in Minnesota. Her parents separated when she was 10 years old. At age 12 she ran off with a 16-year-old boy, which she realizes in retrospect, was a way of getting her parents' attention. Her parents reconciled, but she still did not receive the attention she craved. She started associating with older men. She met Kevin Shary when she was 16 and he was 25. She had an abortion at age 17, and was pregnant again at 18 with Alana. She claims that Mr. Shary wanted her to have a second abortion, but she refused because at that time they were engaged to be married. Ms. Donsbach states that she became pregnant a third time after Alana was born but had an abortion because it was an abnormal fetus. (On later inquiry, Mr. Shary claimed to have no documentation, such as medical reports, of this alleged third pregnancy, but Ms. Donsbach countered that she does have medical records of this.) Ms. Donsbach dropped out of high school when she started seeing Mr. Shary. She later got her GED at age 20. She went to community college and became certified as a nursing assistant. Two years later she entered the LPN program at HACC. This is where she met Ken Housel, her current fiance. She currently works the night shift as a nurse at a drug treatment facility. On the nights when Alana is at her house, Ms. Donsbach's mother is there to supervise. The situation is not ideal. Ms. Donsbach admits that her mother is impatient and yells at people. However, it gives Ms. Donsbach an opportunity to save money. Donsbach v. Shary ... Page 5 BEHAVIORAL OBSERVATIONS WITH ALANA Ms. Donsbach was warm and affectionate with Alana. During play she took on an educational/advisory role. She did not encourage independent thinking. For example, when Alana asked her mother what was what the total number on the dice she had just thrown, her mother gave her the answer, rather than directing Alana to count the dots for herself. She usually tried to focus on Alana and her feelings. For example, during a board game, when Ms. Donsbach drew a card that said, "Tell about a time when your feelings were hurt," she hesitated. Then Alana asked her to tell about the time she got pushed into the wall by Daddy. Ms. Donsbach talked more about how Alana had comforted her at the time, than about how Mr. Shary had hurt her. On one occasion Ms. Donsbach's behavior was inappropriate. During a board game she drew a card which required a response. The question was, "Show what you would do if you were turned into your mother?" Mrs. Donsbach made the motion of "shooting" herself in the temple with her hand as if it was a gun. Alana appeared to ignore this gesture. PSYCHOLOGICAL TEST RESULTS Ms. Donsbach approached the MMPI in a mildly defensive manner, which is typical for people in this situation. The clinical scales were within normal limits, but did indicate general suspiciousness and mistrust, as well as oversensitivity to criticism. When upset she is not likely to express angry feelings directly at the time they occur. Rather, she is apt to express them indirectly via passive-aggressive defense mechanisms, such as stubbornness and uncooperativeness. She has little insight into her own role in interpersonal conflicts and tends to blame others for her problems. The McAndrew Scale of the MMPI indicates that she may be at risk for addictive behavior. This scale does not diagnose addiction, but rather the risk for addiction for any substance or behavior, which includes not only alcohol and drugs, but also food, caffeine, tobacco, etc. She is overweight, and she smokes cigarettes. The MMPI scales did not reflect proneness to angry outbursts, but such behavior was evident in recent situations. For example, when she went to drop off Alana at Mr. Shary's house, she got into a shouting match with his girlfriend. Ms. Donsbach also lost her temper at Alana's school when the staff would not allow her to talk to Alana. There was no evidence from the test or her behavior of any psychotic thought processes. Donsbach v. Shary ... Page 6 Kevin Shary Mr. Shary appeared on time for his appointments. He was well groomed and casually dressed. In a well-modulated voice he expressed concern that Ms. Donsbach was alienating Alana from him. While Ms. Donsbach had aimed the bulk of her wrath on how he was treating Alana, Mr. Shary focused more on what Ms. Donsbach was doing to him. He had reason to believe that Alana's mother was "coaching" her to take sides against him. For example, after he and Ms. Donsbach agreed that Alana would continue in her present school, Alana mentioned that there was a desk at the public school with her name on it. Ms. Donsbach also said derogatory things about Kim Thomas, his girlfriend, calling her a whore in front of Alana. He claimed that last summer she refused to allow him to see Alana, for reasons that were trivial, e.g. when he would not come into the house to talk. When Mr. Shary threatened to file for custody, Ms. Donsbach allegedly retaliated by contacting the IRS and suggesting that they investigate his bankruptcy for fraud. In an earlier fit of anger, she called his probation officer when he was driving with a suspended license. He denies that he has done anything to deliberately antagonize Ms. Donsbach, and denies that he threatened to take Alana away from her mother. Mr. Shary believes that shared physical and legal custody is in Alana's best interest. He provides a stable home for her and she is happy with her present parochial school. He wants to bring her up in the Catholic religion. He does not wish to deprive Alana of contact with her mother. Mr. Shary described his personal history. He was born in Columbia, PA; the family moved several times because of his father's job. When Kevin was 12 years old they settled in Middletown. He described his mother as more outgoing and concerned with everyday events, and his father as more quiet. He and his father shared an interest in motorcycles and coin collecting. His parents never got into "push-to-shove" fights; they are still married to each other. However, young Kevin had conflicts with his mother: "She liked a more hands-on approach than I cared for." It seems that in his recent relationship with Ms. Donsbach he felt affected by issues similar to those he described with his mother. As an adolescent, Mr. Shary described himself as average. He attended Vo-tech school for graphic arts. He was more interested in cars and motorcycles than school at that time. In the middle of his senior year he left high school to "take a vacation by myself in Virginia." He passed a high school equivalency test in 1980. While in Virginia he met a woman, whom he married at age 19. They lived in Florida and Ohio. They divorced after 1 '/x years, which Mr. Shary attributes to their age difference (she was 15 years his senior) and the fact that she had children, which he could not cope with at the time. When he returned to this area, he started a business, making blinds, cornices and upholstery. At one time he had several people working for him, but the business became too stressful for him, and he downsized to work just on his own. Donsbach v, Shan, ... Page 7 In 1998 he opened his coin shop. During that year he also declared bankruptcy because having served time in prison, he had got behind in his bills. Mr. Shary was candid about his history of drug use and legal troubles, but he described these in a very matter-of-fact tone, attributing them to external circumstances rather than to poor judgment on his part. In 1992 he was arrested for possession with intent to deliver marijuana, and subsequently sentenced to 23 months probation. In 1996 he was arrested for DUI and spent 2 days in jail and received 12 months probation. While on probation, he was arrested for driving with a suspended license. This resulted in a search of his home, which revealed possession of drug paraphernalia. For these two convictions he served five months in jail. Mr. Shary claims that for the past two years he has not used any illegal substances. Mr. Shary met Ms. Donsbach through one of his employees in 1987. When she became pregnant he denies that he wanted her to have an abortion, but he did suggest that she give up the baby for adoption. However, after he accepted the pregnancy he bought a house 2 blocks from the Catholic school. The relationship with Ms. Donsbach was rocky, which he attributes to her emotional volatility. They went to couple counseling, but he felt that the therapist was siding with Ms. Donsbach. His hypothesis was confirmed when he asked the therapist where her allegiance lay. She reportedly replied that her first allegiance was to the insurance company, then to Holly, and last to him. I could not confirm this because Mr. Shary refused to sign a release for me to talk with the therapist. After they separated in 1998, Ms. Donsbach allegedly tried several times to reconcile. She became especially aggressive after she discovered that he was dating someone else. She reportedly called him daily and instigated problems. Recently he decided that he was not going to talk to her, because she called just to ask "stupid questions." He is currently dating Kim Thomas. He describes the relationship as "serious, committed." They have been dating only a few months, but they have discussed marriage. BEHAVIORAL OBSERVATIONS WITH ALANA Mr. Shary treated Alana in a kind and gentle manner, but his behavior lacked warmth and enthusiasm. In my observation of their play, Alana initiated all activity. Mr. Shary cooperated but made few comments, positive or negative. During a game of "school" he played the role of a rather passive student, showing little reaction when Alana playfully yelled at him. When she became bored with this game, she asked her father what else they could do, and he deferred back to her. Throughout their play, Mr. Shary said very little. He responded to Alana only when she directly elicited comments from him. Donsbach v. Shary ... Page 8 PSYCHOLOGICAL TEST RESULTS Mr. Shary's MMPI was within normal limits. The validity scales indicated a mildly defensive approach to the test, which is typical under these circumstances. The clinical scales reflect a history of problems with authority, consistent with his self-report. He values autonomy and independence. When he feels controlled by others, particularly those close to him, he is more likely to react in a stubborn, passive-aggressive manner than to confront the issue in a direct, controlled manner. There is no evidence of any psychotic thought processes or proneness to violence. Alana Shary INTERVIEW AND BEHAVIORAL OBSERVATIONS Nine-year-old Alana is an attractive, outgoing youngster. At our first meeting, her mother sat on the couch and Alana chose to sit on a chair, but a few minutes later sat beside her mother, cuddling up to her. She began to talk with fingers in her mouth, as if she felt self-conscious. She slurred her words during this first meeting, reflecting the mild speech difficulty for which she had been previously diagnosed. However, later in the meeting and in subsequent meetings her speech was clear. This suggests that when she slurs her speech, it may reflect situational anxiety. In the first visit with her father, Alana sat next to him, but did not cuddle up to him. However, she did give him a hug and said "I love you, Daddy" as she left him to go upstairs to the playroom. In my interviews with Alana alone, she was evasive. She stated that her father gets more angry than her mother, and that her uncle Chris (her mother's brother) teases her and she doesn't like him very much, but she was very vague on details. If I asked her to describe a specific incident, she would usually say, "I forget." It was clear that Alana did not want to address conflict. Nevertheless, upon my prodding, she described an incident that she had recently witnessed. She said that her mother had come to her father's store and insulted him "because my dad was sleeping with Kim." Her mother then asked if he wanted pictures of his family with Alana; he said, "No." Her mother then said, "I'll call you and you'll hear the pictures go down the shredder." Alana added that her father is "starting to be mean to Mommy. He doesn't let her in the store." Thus, she is well aware of the conflict between her parents. Alana said that when she is with her father, she misses her mother, and vice versa. However, she hoped that she could stay two weeks with her mother and one week with her father, because, "I figured moms are more important." When I asked her how she came to decide this, she said she Donsbach v. Shary ... Page 9 had thought about it on her own. She told her mother, but had not yet mentioned it to her father. She added that she would tell him, but on the phone rather than in person. Alana also said that she gets frightened that someone might break into her father's house while she's there. When I asked her for more detail on this, she could not think of any. She said that her father gets more angry than her mother, but denied that he hit her, and denied that she was afraid he would harm her mother. (I asked her this, because her mother reported that Alana had said this to her.) She plays with friends at her mom's house, but not at her father's house. She said that she spends much of the time with her father at his office. I asked Alana what would she wish for if she had three wishes. She replied, "all the cats in the whole world; all the money in the whole world; and that my family will get married and my mom and dad will stop fighting." PLAY OBSERVATIONS Alana readily engaged in play. One of her favorite games with me was playing school. She delighted in playing the role of a teacher who yells and sends students to the principal's office. Even when I whispered, she yelled. When I asked whether her teacher behaves this way, Alana replied that she didn't. Thus, this game did not likely reflect actual events, but rather gave Alana a feeling of power. She also played "school" with her father, and behaved in a similarly boisterous manner. This indicates that she is not always intimidated by him. As described earlier, her father,. ias somewhat passive with her. While playing with him, she directed more questions to me than to him. At the end of the play session with her father, I invited Alana to take a "magic wand" and bestow a wish on her father. She said, "I want to go home and eat supper and not go to Girl Scouts because I want to spend more time with you. We never get to spend time together." Thus, contrary to what her mother believes, Alana wants to be closer to her father. When Alana played with her mother, I observed more interaction between the two of them. She also expressed affection toward her mother, both physically and verbally. For example, in a board game, when she drew a card from the deck which asked, "What is the most beautiful thing in the world?" Alana replied, "My mummy, because I love her." In her play with Ken Housel, she appeared comfortable. As in previous play sessions, Alana took charge, but was not overly aggressive. Danshach v. Share... Page 10 Alana was quite aggressive in her play with Kim Thomas. At first she acted silly during a board game. Then she began throwing bubble gum and dice at Ms. Thomas. When Ms. Thomas did not take any steps to set limits on Alana, I had to halt the game, because Alana's behavior was escalating out of control. In the last few minutes of the play session they played school, and Alana was calmer. This indicates that she responds well to limit-setting. PROJECTIVE TECHNIQUES Projective techniques in this evaluation consisted of drawings and the Roberts Apperception Test for Children (RATC,) a story-telling exercise. In their drawings and stories, children express perceptions, wishes, fears and other thoughts that they often can't or won't verbalize directly. Such data is less subject to coaching by the parents, and is often a better indicator of what is on the child's mind, than are answers to interview questions. Alana's first drawing, at my request, was of herself. The drawing was colorful and of average size, reflecting no major problems with self-esteem. However, all of her drawings of people were somewhat immature for her age, lacking in detail. Given her reported successful school achievement, this is not likely due to low intelligence. Just as she omits detail from her pictures, she tries to omit detail from her thoughts. She relies on the psychological defense of denial to help minimize problems. I asked her to draw her family. She then asked me, "Should I draw my mom's family or my dad's family?" When I replied, "whichever family you wish," she drew Ken, her mother, Michael (Ken's son) and herself. She then drew her dad and Kim, and asked, "Should I draw me too?" After I encouraged her to make this decision, she drew herself in the picture, and commented, "I'm walking." "Why?" I asked. "Maybe to find an amusement park," she replied. Her responses to this drawing task suggests that she feels that she belongs more to her mother than her father, and that she feels more attached to her mother. The Roberts Apperception Test for Children (RATC) is a series of pictures which are presented to the child one by one. The child is instructed to make up a story for each one. Themes and other facets of the stories reflect how the child views the world, as well as how problems are approached and resolved. Alana's stories on the RATC described themes of conflict: conflict between adults, and conflict between children. The protagonist in the stories often tries to smooth things over, but with poor results. Alana portrayed the mother figures as nurturing, but somewhat weak. She portrayed the father figures as distant or angry. She looks to adults to protect her, and for the most part, she feels secure with them. Resolution seems to come magically at the end of the story, in a fashion of "they lived happily ever after," or "the next day they were happy again." That is, conflict and its settlement is perceived by her as a series of recurring, cyclical events, over which she has little or no control. Dombach v. Shary... page ll Another theme in her stories is that of her parents reconciling. Like many other youngsters in her situation, Alana wishes that her parents would not only stop fighting, but get back together. Like the main characters in her stories, Alana herself anticipates conflict. She has learned to deal with it by trying to ignore it and acting in a cheerful manner. Beneath the surface, however, she is alert to other people's moods and behaviors. She is also aware that she is highly dependent upon the adults who care for her. Thus, she tells them what she thinks they want to hear. For example, when in one parent's care, she tells him or her negative details about the other parent, as if to express loyalty to parent she's currently with. This elicits an overly protective stance from the parent. At the initiative of her mother, Alana is currently in psychotherapy with Charles Middlestead, Ph.D. of Guidance Associates. When I talked with Mr. Shary, he said he knew nothing about this. When I asked him if he'd be willing to participate, he replied that he would. Dr. Middlestead wrote him a letter inviting him to participate in Alana's therapy, but Mr. Shary has declined the offer. Ken Housel Mr. Housel is Ms. Donsbach's fiancd. They met in nursing school, and have been dating since spring, 1997. Prior to his becoming romantically involved with Ms. Donsbach, they were friends who sometimes studied together. He observed Mr. Shary's anger, which was mostly verbal threats and gestures. He overheard Mr. Shary swear and call Ms. Donsbach names on the phone, threaten to make the situation difficult for her, and many times threaten to take Alana away. He also stated that he saw Mr. Shary throw out Alana's toys when she didn't put them away. Mr. Housel acknowledged that Ms. Donsbach is strong-willed, stubborn and vengeful, and that she "reacts quickly and intensely at times." She also "makes things difficult for Kevin, but only after she's been pushed." He described his own personal history. The oldest of three children, he grew up in what he described as a "Leave it to Beaver" type family. His parents never fought. In school he did well in history and social science, and average in other subjects. He married just prior to high school graduation, because his wife-to-be was pregnant. He has been separated since 1993 and divorced since 1995. He has one son, Michael, 11 years old. At the time of his separation there was a dispute over custody, but Mr. Housel finally conceded to Michael's mother getting primary physical custody, because he did not want the situation to turn into a "blood bath." He pays child support and visits regularly with his son. He stated that Alana and Michael already call each other brother and sister. Donsbach v. Shary... Page 12 He currently lives with his grandmother. He acknowledges drinking an occasional beer, but denies alcohol or drug abuse. Mr. Housel's job experience has been mostly in medically-related fields. After high school he became certified as an EMT. He also worked as a pharmacy technician for several years. He is now a nurse, working at the same facility as Ms. Donsbach, but he works the day shift, while she works nights. He said that they arranged their schedule this way, so that one of them would always be available for Alana, and for Michael when he visits. Mr. Housel's MMPI was with the normal range, but indicated a somewhat naive attempt to place himself in a positive light. The profile indicates an energetic, outgoing individual. He is generally personable and accommodating, but becomes impatient easily. However, there is no evidence of proneness to physical aggression or violence, nor of psychotic thought processes. When stressed he tends to be troubled by somatic symptoms, especially headaches. He is somewhat sensitive to criticism, and may anticipate criticism from others. In his interaction with Alana, he was enthusiastic and playful. He responded appropriately to her. In my observation of Alana in his presence, her behavior did not get out of hand; therefore, I have no direct data on how Mr. Housel sets limits or imposes discipline. Kim Thomas Ms. Thomas is Mr. Shary's girlfriend. She has had very little communication with Ms. Donsbach, but she is puzzled and frustrated by her behavior. For example, last summer, Ms. Donsbach reportedly said she wanted Alana to have more contact with her father; however, when he went to pick up Alana, Ms. Donsbach changed her mind. Ms. Donsbach also wrote a letter to the pastor of Ms. Thomas's church, trying to get her "kicked out." On the Sunday morning previous to my interview with Ms. Thomas, Ms. Donsbach had come to the door to drop off Alana, asking for Mr. Shary. When Ms. Thomas questioned her as to why she needed to talk to him, Ms. Donsbach took Alana back to the car. Ms. Thomas then went out to the car and confronted Ms. Donsbach about the letter she had written to the pastor. Ms. Donsbach allegedly screamed at her, and said in front of Alana, "God will punish you. That's why your cat died." Ms. Thomas believes that Alana's mother embroils the girl in the conflicts between the parents. Alana is aware of civil suits that her mother and father have filed against each other. She is privy to details that are unnecessary for her to know. On the other hand, Mr. Shary never says anything derogatory to Alana about her mother. Donsbach v. Shary... Page 13 She believes that "Holly is trying to destroy Kevin in every way, shape and form." She stated that Ms. Donsbach sent her a letter, outlining Mr. Shary's bankruptcy, jail time and alleged domestic violence against her and Alana. Ms. Thomas does not live with Mr. Shary, but spends a lot of time at the house. She has seen Alana and her father together. She reports that Alana spontaneously hugs her father and tells her she loves him. "Alana is very well adjusted, given the circumstances," she commented. As an example, Ms. Thomas related a conversation that she and Mr. Shary had had with Alana. When they asked her what she thought about their getting married, Alana replied, "That's your decision." Ms. Thomas described her own family history. She grew up in the area, the youngest of five children. She described her father as dominant, authoritative and a good provider. Her mother was docile, patient, loving and generous. Both her parents were involved in her school and extra-curricular activities. Kim graduated in the top 20 of her high school class. She got an Associate Degree at HACC in business administration, and worked for a few years in real estate development. She then completed her BA degree at and a few years later her law degree. She currently works as an attorney for the Commonwealth. She had one serious relationship from 1983-87. She met Mr. Shary in May, 1999 at a restaurant, where they were introduced by mutual friends. She denies alcohol use, and states that Mr. Shary has not had any alcohol ever since she has known him. She reports having a close relationship with Alana. In my observation of their behavior, it appeared that they were comfortable together. Ms. Thomas readily engaged in play and was responsive to Alana. However, she seemed reluctant to set limits. When Alana started throwing things at her, Ms. Thomas commented on the behavior in a descriptive manner, but did not tell her to stop. When I asked Ms. Thomas if she was bothered by Alana's behavior, she said "no." Ms. Thomas's MMPI reflected a moderately defensive approach to the test, which is common in these circumstances. The clinical scales were well within the normal range. There was no indication of any serious emotional problems. Ms. Thomas seems to be the type of person whose feelings are easily hurt, but who tries to ignore it. She is alert to other people's moods and tries to accommodate herself to them. However, periodically she lashes out, typically verbally rather than physically. Pat Donsbach Pat. Donsbach is Alana's matemal grandmother, with whom Alana and her mother live. Mrs. Donsbach acknowledged that Holly sometimes loses her patience with Alana, but that Alana Donsbach v. Shary ... Page I I seems generally happy with her mother, and afraid of her father. When Alana and her father spend time together, it's usually to do something that interests him, e.g. watching sports. She described Mr. Shary as petty and curmudgeon-like. For example, when he and Holly were living together, he charged her rent. If she drove his car, he charged her mileage. To Mrs. Donsbach's knowledge, Mr. Shary never bought anything for Alana. He was also inhospitable. For example, on Alana's 7th birthday she was invited for birthday cake. When she asked if she could bring Holly's aunt and uncle along, Mr. Shary reportedly said, "Oh that bastard. I don't want him at my house. I don't want him here and I don't want you here." He later reportedly told Alana that her grandmother didn't come over for cake because she didn't want to come. Mrs. Donsbach is home with Alana when the girl's mother works at night. She said that Alana sleeps well, gets up and gets her own breakfast. In the past couple of months Alana has been whiney and negative about doing chores. On the other hand, she doesn't seem as distressed as she used to about going to her father's house. Mrs. Donsbach believes that this is because she knows she'll be back in a few days. Mrs. Donsbach is not worried that Mr. Shary will hurt Alana physically, but that he is somewhat harsh with her. Telephone Consultation with Alana's Teacher Mrs. DeSolis is Alana's teacher at Holy Name School. She described Alana as generally happy, but she sometimes gets down over her parents' situation. She said that Alana had been troubled earlier that day because the court date was postponed and her mother was upset. This was with regard to the civil suit that Ms. Donsbach had initiated to get Alana's clothes back from Mr. Shary. Alana has also reportedly told Mrs. DeSolis, "1'm not supposed to be nice to my dad." Alana speaks highly of her father and is physically affectionate to him when he visits the school. Mrs. DeSolis has never spoken to Ms. Donsbach. She said that Ms. Donsbach avoids her. (When I later questioned Ms. Donsbach about this, she denied that she avoided the teacher.) Alana is an A student at school. She sometimes comes unprepared with her homework incomplete, both when she has been at her mother's house and when she has been at her father's house. Mrs. DeSolis tries to give her a little extra time in class to finish. Alana had told her mother that she was being teased and called stupid by children at school, but Mrs. DeSolis said that she has never observed this. In fact, Alana has many friends and is included in group activities. Donsbach v. Shary... Page 15 Telephone Contact with Charles Middlestead, Ph.D. Dr. Middlestead is Alana's therapist. He began working with Alana a few weeks ago, and noted that she tends to suppress her feeling rather than voice them directly. She is also somewhat protective of her mother, as evidenced in the fact that she told Dr. Middlestead, that she would rather have Dad mad at her, so that he wouldn't be mad at Mom. Dr. Middlestead believes that Alana is troubled by the conflict between her parents and the currently ambiguous custody situation. Once this is decided, and Alana knows the schedule of where she will be and when, she can begin to work on specific issues. Review of Records The records submitted by Alana's parents reflect what they told me in interviews. While much of Ms. Donsbach's correspondence to Mr. Shary was confrontive in nature, there was a letter dated 7/1/99 in which she called him her soulmate and appealed to him to reconcile with her. This was while she was supposedly romantically involved with Mr. Housel. There was a flurry of hostile correspondence in July, 1999, which apparently culminated in Mr. Shary's denying contact between Alana and her mother after he and Alana returned from vacation in Delaware in August. Mr. Shary's mother wrote me a letter alleging that Ms. Donsbach does not properly care for Alana. For example, she feeds her fast food, often doesn't give her breakfast, and smokes. Alana has also told Mrs. Shary that she saw her mother in bed with Ken and her breasts were exposed. Mrs. Shary described Ms. Donsbach as "extremely depressed and unstable." She is worried that Ms. Donsbach "is trying to poison Alana against Kevin." In contrast to her description of Alana's mother, Mrs. Shary described her son as an active, concerned parent. He checks on her in school and helps her with her homework; he enrolled her Brownies and Girl Scouts. He makes sure she is disciplined properly. After receiving the letter from Mrs. Shary, I consulted with Ms. Donsbach. She said that Mr. Shary "may have put the idea in her head that if I get custody she will not be allowed to see Alana again." She also provided a menu from the past week, reflecting the wholesome, balanced meals that Alana ate. SUMMARY 9-year-old Alana has been caught up in the bitter conflict between her parents. While they both love her and claim that they are concerned for her best interests, their behavior shows otherwise. Donsbach v. Shary ... Page 16 Ms. Donsbach is clearly vindictive in her behavior. Writing letters to discredit Mr. Shary and suing him for Alana's clothes only adds more complication to the situation, and does nothing for Alana. Mr. Shary deliberately resists and defies Ms. Donsbach, knowing that she will become frustrated and lash out. Each parent accuses the other of coopting Alana in their own agendas, but they are both doing their share of this. Six months ago the parents were on speaking terms. Now they communicate only by letter. Neither trusts the other. Any request by one is interpreted as an attempt at manipulation by the other. Alana is acutely aware of her parents' conflict. To some extent, she feels important being caught up in the drama, but on the other hand, she feels unable to acknowledge and express her own fears and anxieties. She also feels disloyal to one parent if she does not vilify the other. As a result, each parent gets the impression from Alana that she is being neglected or mistreated by the other parent. This in turn alarms her parent, who then feels the need to protect her. Thus a vicious cycle is perpetuated. Each parent has a history of problems. Ms. Donsbach's difficulties with relationships date back to her childhood. She is emotionally needy and very sensitive to criticism and rejection. Her emotional over-reactivity is still a problem. Mr. Shary has been in trouble with the law not once, but three times. He claims to have reformed, but his recent stubbornness toward Alana's mother reflect an underlying defiant streak. Both parents have been immature in the past several months. Ms. Donsbach has been clearly vindictive. Mr. Shary's passive-aggressive stubbornness is not in Alana's best interest. His refusal to even talk with Alana's therapist indicates that he is putting his own agenda ahead of his daughter's. The parents' own personal issues often get in the way of providing Alana a secure, stable existence. Nevertheless, each parent has something to offer Alana. Ms. Donsbach attends more to Alana's emotional needs, while Mr. Shary's task-oriented approach encourages achievement motivation. Their current partners are not considered to be detrimental to Alana in any major way. Nevertheless, if Ms. Thomas's lack of limit-setting is typical, she will have to take charge more when Alana is in her care. Alana loves both her parents, but feels more secure with her mother. This may be partly due to her mother's own feelings of intimidation by Mr. Shary, but it also reflects the fact that Mr. Shary does not seem to relate well to Alana on an emotional level. She reaches out to him, but he does not seem to respond with warmth or empathy. Neither parent presents an imminent threat to Alana. Donsbach v. Shary ... Page 17 RECOMMENDATIONS 1. It is recommended that her parents share legal custody. 2. It is recommended that the current custody schedule be modified as follows: Alana should spend 3 days with her father and 4 days with her mother. This is in Alana's best interests at the present time. 3. Transportation between the parents should be shared equally. 4. Holidays and birthdays are to be alternated according to a schedule agreed upon by the parents or set by the Court. 5. Since neither parent's partner poses a threat to Alana, they may be designated by the parent to transport her or babysit her. 6. On days when school is not in session, Alana should spend the day with whichever parent is not working, regardless of who has physical custody at the time. If both parents are working that day, the custodial parent will make babysitting arrangements. 7. Although Mr. Shary does not feel that Alana needs counseling, it is recommended that he attend at least three sessions in order to give his input to the therapist, and to learn some additional parenting techniques. He certainly loves his daughter, but she is not likely aware of the depth of his feelings for her. Some simple behavioral changes could communicate this more effectively to Alana. 8. Alana should remain in her present school, where she is doing well. 9. The parents need to be more aware of the impact on Alana of their conflict between one another. Just because Alana does not express concern, this doesn't mean that she is unaffected. Therefore, they should refrain from asking questions about the other parent and from expressing any negative feelings about the other parent. 10. Parents should respond to her in a neutral manner in order to avoid reinforcing "tattling" on the other parent. Respectfully submitted, Pauline Wallin, Ph.D. Licensed Psychologist r ar . rim r No 01 / I [ y F ? M H Cw N i K W M ,m fi m cr cx 0) k 0) rn U W 0 0- 10 All r ? v go if r r r 0e ee re e r s® r] II r r • s ON re s 0 r, ON p® II/ On w cn 0 _ ow W U Q Cl) J Y = O >=orl m =3 00 C) UJ G r W CD -J ? W U = H Z f o °s Ue U y PYS510 Cumberland County Prothonotary's Office Civil Case Inquiry 1999-04295 DONSBACH HOLLY L (vs) SHARY KEVIN P Page Reference No..: Filed........: 7/15/1999 Case Type.....: COMPLAINT - CUSTODY Time.........: 8:26 Judgment. ... .00 Execution Date 0/00/0000 Judge Assigned: 7,,rxr Trial.... Disposed Desc.: e. 0/00/0000 ------------ Case Comments ------- i A /j?w1?Q-chL General Index ? (< ? `?h DONSBACH HOLLY L Pi i y u Ll . t ?/ 312 WEST MAPLE AVENUE / I SHIREMANSTOWN PA 17104 SHARY KEVIN P DI 2442 DUKE STREET HARRISBURG PA 17104 * Date Entries ***?******************************* **************** 1,/15/1999 COMPLAINT - CUSTODY ---------------------- --------------- 7/28/1999 ORDER OF COURT - DATED iitiiy7 - ?.. CUSTODY - PREHEARING CUSTODY CONFERENCE 9/1/99 11 AM @ 39 W"MAIN ST MECH - BY DAWN S SUNDAY ESQ CUSTODY CONCILIATOR ------------------------------------------------------------------- ?,0/09/1999 ORDER OF COURT - DATED 09-09-99 - RE CUSTODY CONCILIATION REPORT- BY THE COURT - BAYLEY J COPIES MAILED 09-09-99 ------------------------------------------------------------------- 10/05/1999 PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR PLFF BY THOMAS GOULD ESQ ------------------------------------------------------------------- jXO5/1999 PRAECIPE FOR ENTRY OF APPEARANCE FOR PLFF BY CHARLES RECTOR ESQ ------------------------------------------------------------------- (?Yl /2000 PETITION TO MODIFY ORDER OF CUSTODY ----- -- ----- - ----- ------ - -- -- -------- -- ------ ----- -- /10/2000 ORDER OF COURT - DATED 1/4/00---IN-RE-PETITION-TO-MODIFY-ORDER-OF-- CUSTODY - PREHEARING CUSTODY CONFERENCE 2/15/00 11 AM @ 39 W MAIN ST MECHANICSBRUG - BY DAWN S SUNDAY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 1/10/00 ------------------------------------------------------------------- 2/29/2000 ORDER OF COURT - DATED 02-29-00 - IN RE CUSTODY - HEARING SCHEDULED 05-25-00 AT 8:45 AM - BY THE COURT J BAYLEY - COPIES MAILED 03-01-00 ------------------------------------------------------------------- 10/2000 PRAECIPE FOR APPEARANCE FOR DEFT KEVIN P SHARY BY SAMUEL L ANDES ATTY FOR DEFT - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Bev Bal***Pymts/Ad2 End Bal ******************************** ***** ****** ******************************* COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 CUSTODY FEE 4.00 4.00 .00 CUSTODY FEE-CO 1.00 1.00 .00 SUBPOENA 2.00 --------------- 2.00 --------- --- .00 --------- 52.50 52.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** PYS510 Cumberland County Prothonotary's Office Page 1 Civil Case inquiry 1999-04295 DONSBACH HOLLY L (vs) SHARY KEVIN P Reference No..: Case Type.....: COMPLAINT - CUSTODY Filed........: Ti 7/15/1999 . Judgment......: 00 Judge Assigned: me.........: Execution Date 8:26 0/00/0000 Disposed Desc.: --------- Jury Trial.... Disposed Date. 0/00/0000 --- Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 'k1{'*.A.*'A"A''A"A"A'+f'A"A'1,"A'A t4 tF*****A.f..'A**d('A'•*'kA.'?'#"A"A•A'?(tY*******'1f to fF i i.*'k**N*1?(**'A'Ih *.A .A '?'*'#"?!**'k***'?'**'?' General Index Attorney Info DONSBACH HOLLY L PLAINTIFF 312 WEST MAPLE AVENUE RECTOR CHARLES SHIREMANSTOWN PA 17104 SHARY KEVIN P DEFENDANT 2442 DUKE STREET ANDES SAMUEL L HARRISBURG PA 17104 * Date Entries t77 15/1999 COMPLAINT - CUSTODY FIRST ENTRY - - - - - - - - - - - - - - ----------------------------------------------------------------- 7/28/1999 ORDER OF COURT - DATED 7/21/99 - IN RE COMPLAINT FOR CUSTODY - PREHEARING CUSTODY CONFERENCE 9/1/99 11 AM @ 39 W MAIN ST MECH - BY DAWN S SUNDAY ESQ CUSTODY CONCILIATOR ----- ------- ------ -------- ------------- ------------- --------- ?/09/1999 ORDER-OF - COURT - - - DATED - 09-09-99 - RE CUSTODY - CONCILIATION - REPORT- BY THE COURT - BAYLEY J COPIES MAILED 09-09-99 -------- -------------- -------------- ------- ---------- ------ ----- .10 05/1999 PRAECIPE-FOR WITHDRAWAL OF APPEARANCE-FOR-PLFF BY THOMAS GOULD ESQ -------------------------------------- --------------------------- 05/1999 PRAECIPE FOR ENTRY OF APPEARANCE - FOR - PLFF BY CHARLES RECTOR ESQ -------- -- ------ ----- -- ------- (FYI /2000 PETITION TO MODIFY ORDER OF CUSTODY ----- -- ----- - ----- ------ - -- -- -------- -- ------ ----- -- /1012000 ORDER-OF-COURT---DATED-1/4/00---IN-RE-PETITION TO MODIFY ORDER OF CUSTODY - PREHEARING CUSTODY CONFERENCE 2/15/00 11 AM @ 39 W MAIN ST MECHANICSBRUG - BY DAWN S SUNDAY ESQ CUSTODY CONCILIATOR - NOTICE AND COPIES MAILED 1/10/00 ------------------------------------------------------------------- 2/29/2000 ORDER OF COURT - DATED 02-29-00 - IN RE CUSTODY - HEARING SCHEDULED 05-25-00 AT 8:45 AM - BY THE COURT J BAYLEY - COPIES MAILED 03-01-00 ------------------------------------------------------------------- 10/2000 PRAECIPE FOR APPEARANCE FOR DEFT KEVIN P SHAKY BY SAMUEL L ANDES ATTY FOR DEFT - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Bea Bal P mts/Ad' End Bal COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 00 SETTLEMENT 5.00 5.00 . .00 JCP FEE 5.00 . 0 .00 CUSTODY FEE 4.00 0 4 . 00 CUSTODY FEE-CO 1.00 1.00 .00 SUBPOENA 2.00 -------------- 2.00 ---------- --- .00 - 52.50 52.50 -------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** w JUL 1 6 1999 z DON?GAf/t IN THE COURT OF COMMON PLEAS OF ?/uc Plaintiff 3'aw•mn,ole ?h'??mn•?S li ..+u 14 17o c/ CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - L/.2 9)' CIVIL TERM LIEU 'v P• S/?n t% r Defendant CUSTODY J vv3 duk ? s'? i?Aa2.sGvn? ORDER OF COURT J Al ? 7 iv, AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before<yn?S'SsN&1 , the conciliator, at )KS_ ?( Pon the day of C , 9 199,I, at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the Court, -7/al /q9 C 8? ?- Custody Conciliatoz Lc? } 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. COURT Ab NISTRATOR, AthFLOOR CUMBERLAND URTHOUSE CARLISLE, t VANZA 17013 TELEP NUMBER: 717) 240-6200 C ember RV-1 ? Covn ?ar Rssoc . a lLi be.'r?. ? pwtino-e.. C.ar??slz. PaR t-?oi3 a? 311o(c 3 00 o. J ? r i ?/?jr L ??vr/o IN THE COURT OF COMMON PLEAS OF 3,a Fsr /Il?/rr[//vC Plaintiff S!?%'Crh41V511) u,41 170 CUMBERLAND COUNTY, PENNSYLVANIA V. N0. _ W91' CIVIL TERM (r91 R SIM&I Defendant CUSTODY ,1 'f4d ??k? 5't , . !/nzizi?lvvitG Aa / COMPLAINT FOR CUSTODY ,7& / 1. The Plaintiff is d //, L. 1?o vcnn/nrh , residing at 3r a 4t). 121m/P Aae ,Sh:?P?nArrSnnl?u// /?A i?oi/ 2. The Defendant is residing at 2yy,3k ??yke St 3. Plaintiff seeks (custody) (partial custody) (visitation) of the following child(ren) : NAME PRESENT ADDRESS i'l/AAA L?Ai2E55f ??A2? ?ICA 40F s ? '41a/ & Shice?n??sk,.? e 1-2011 AGE Y The child(ren) was/was not born out of wedlock. The child(ren) is presently in the custody ?o/f / who resides at r? [?5? 441e Ale chj,-e1&x/4tm J/1/ e, i7 0 // During the past five years, the child(ren) has resided with the following persons and at the following addresses: LIST ALL PERSONS ADDRESS] /, L The mother of the child(ren) is _ iS DATES `` .Jcr/r 97- Gef 99 2//II?O/c ?f - 9? -? csE.vs ?1 q-1-11lee (J?f9u- Dc 71?' -P s6?r Inn 98 --r 26 currently residing at She is (single) (married) (divorced) The father of the child(ren) is /i currently residing at -Jyy? kc" ,Sf />A22i '? /c 1 He is (single) (married) (divorced) 4. The relationship of Plaintiff to the child(ren) is /rlD6F_, The Plaintiff currently resides with: N E RELATIONSHIP A 171 Ile, Y 5. The relationship of Defendant to the child(ren) is The Defendant currently resides with: NAME RELATIONSHIP 6. Plaintiff (has) (has not) participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child(ren) in this or another court. The court, term and number, and its relationship to this action is: Plaintiff (has) (has no) information of a custody proceeding concerning the child(ren) pending in a court of this 27 Commonwealth. The court, term and number, and its relationship to this action is: Plaintiff (knows) (does not know) of a person not a party to the proceedings who has physical custody of the child(ren) or claims to have custody or visitation rights with respect to the child(ren). The name and address of such person is: '5ha& !? f-9 7. The best interest and permanent welfare of the child(ren) will be served by granting the relief requested because: 3?<7G?lL 1201nE r/n v - /J/v'c; 8. Each parent whose parental rights to the child(ren) have not been terminated and the person who has physical custody of the child(ren) have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child(ren) will be given notice of the pendency of this action and the right to intervene: BASIS OF CLAIM /)/5r /R /i0.1) WHEREFORE, Plaintiff requests this court to grant (custody) (temporary custody) (visitation) of the child(ren) to the Plaintiff. 6/ Date Respectfully submitted, 28 RAMP. ATnnRRSR I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Plaintiff 29 3 p ? ? ah a'r ? b e rr ?? ft ?• co r i u/ f:.. ? ?: IIJ7 _ Ol J v n. r HOLLY LEE DONSBACH, Plaintiff V. KEVIN PATRICK SHARY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY PRAECIFE TO tMTHORAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Holly Lee Donsbach, in the above-captioned matter. Thomas Gould, Esquire Please enter my appearance on behalf of the Plaintiff, Holly Lee Donsbach, in the above-captioned matter. Date: Jo k RESPECTFULLY SUBMITTED, Charles Rector, Esquire 1104 Femwood Avenue, Suite 203 Camp Hill, PA 17011-6912 (717) 761-8101 u-? u CJ c,? U a Uf IX F ^ N LL?N¢n w»F W UwzC .W> L C 0 O?pwIL ^ grc51 ? It wwa? w J IF QcvC S" U HOLLY L. DONSBACH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4295 CIVIL TERM KEVIN P. SHARY, CIVIL ACTION -LAW Defendant : IN CUSTODY AND NOW, this LA day of ? ZO, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before hca?.x1 S, ? I ?q, the conciliator, at 301 W. "mn . yMPC 1C IPA, on the 115- day of Ej2000, at UO o'clock,t7+m. fora pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court: Custody Conciliator ( ) rya t YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 /•/O. ply &;?/- e7 % /D CSC' Ci+ /taa?? 2i !/ HOLLY L. DONSBACH Plaintiff V. KEVIN P. SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, comes the Plaintiff, Holly L. Donsbach, by and through her attorney, Charles Rector, Esquire, and files this Petition to Modify Custody and in support thereof, avers the following: Plaintiff is Holly L. Donsbach, Mother, who currently resides at 312 W. Maple Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. Defendant is Kevin P. Shary,Father, who currently resides at 2442 Duke Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 3. The parties hereto are the parents of the minor child, Alana Clairesse Shary, born May 31, 1990. 4. On September 9, 1999, the Court entered an Order which required, inter afia, that a custody evaluation be completed by Pauline Wallin, Ph.d. and provided custody on an interim basis to both parties. A true and correct copy of this Order is marked Exhibit "A," attached hereto, and made part hereof. 5. The custody evaluation is now completed and Plaintiff desires that the interim custody Order be amended to accomodate various changes suggested by Dr. Wallin and to improve the convenience of Plaintiffs scheduled time with the minor child. WHEREFORE, Plaintiff respectfully requests that this Honorable Court modify its Order consistent with the changes suggested by Dr. Wallin's report. RESPECTFULLY SUBMITTED: c DQ x ,2 Chess Rector, Esquire, 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff Date: I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Holly 0-onsbach Date: id CW 8- 9-2 A HOLLY LEE DONSBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs• NO. 99-4295 CIVIL TERM KEVIN PATRICK SHAKY, : CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this W` Q day of _N4AP, 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Donsbach, and the Father, Kevin P. Shary, shall submit themselves and their minor Child, Alana Clairesse Shary, to a custody evaluation to be performed by Stanley Schneider, PhD. or Pauline Wallin, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will serve the best interests of the Child. The cost of the evaluation shall be shared equally by the parties. 2. The parties shall share having legal custody of the Child. Accordingly, each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion., 3. Pending the conclusion of the evaluation and further order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following arrangements: A. The Father shall have custody of the Child every week from Sunday at 10:00 a.m. through Wednesday when the Child goes to school. The Mother shall have custody of the Child every week from Wednesday, when the Mother shall pick up the Child at school, through Sunday morning at 10:00 a.m. when the Mother shall transport the child to the Father's residence. .B. The parties ;shall exchange the Child's clothing, school materials' and other belongings as necessary in a civil and cooperative manner during exchanges of custody. C. In 1999, the Mother shall have custody of the Child over the Thanksgiving holiday from after school on the Wednesday before Thanksgiving through the following Sunday morning at { i F.. 10:00 a.m. in accordance with the regular custody schedule. Also in 1999, the Father shall have custody of the Child over the Christmas holiday during both Christmas Eve and Christmas Day. D. The Child shall continue to attend school at Holy Family in Harrisburg. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, cc: Thomas Gould, Esquire - Counsel for Mother Kevin P. Shary, Father TRUE COPY FROM RECORD In T,*sfimon•; •: vh?:r of, I hare unto set my hand and the seal of said Court at Carlisle, Pa. This .....9."... day of... '.., 19..gy. ?....? . :........... .. ......._... .... Prothonotary HOLLY LEE DONSBACH, Plaintiff vs. KEVIN PATRICK SHAKY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CCNCTLIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTE CURRENTLY IN CUSTODY OF Alana Clairesse Shary May 31, 1990 Mother/Father 2. A Conciliation Conference was held on September 1, 1999, with the following individuals in attendance: The Mother, Holly L. Donsbach, who attended the Conference without her attorney, Thomas Gould, Esquire, and the Father, Kevin P. Shary, who is not represented by counsel in this matter. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator rl li'1 I U a o ui ? ?nN w n oa 2 ywa9 U W Z}n w Q LLO Z O ?w? ? IL W way F a?uC U JAN 0 4 208ty' HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHARY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 CIVIL TERM IN CUSTODY Please enter my appearance on behalf of the Defendant, Kevin P. Shary in the above matter. DATE: Samuel L. Andes `?Flat DJ Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 } tt? r F ? w5-; F; -:;,, L, .-.. r_ ?. , a . r_ :_ - ._ LL C ? ? c? 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(rvruc P.04 *WW6 '7?1' 1`11' r u1 i00 Pa-5 JUN-26-00 SAT 11:03 AM HARMAN•S-COINS_8_ JEWELRY 7172389505 P.05 /* 44,0- Wyk A4 e ?v61 G./`1?CE S?£?6 JUN-26--00 SAT 11:04 AM HARMAN•S-CO i'N.S_8_JEWELRY 7172399505 ` P. 06 C-4?4S? 6Uh2 "/t'S 4?6Nec;:W W r u (3E m "r 3y Yid t e-rdT A&gkeco -e?y ibro, f ??-??Zs ?a L K `}7/9'?1-c' ws or s6j6v "4 66 0yr W 1 t NUS i ?U2?ss -PA 2 i c?l. (?0 )N,, (Wle 0 5S CUara9ro To '04E SIA-CC iz?b.2- A SKat,7 -pt?'Y 4.o,0 Wj-(1 1 O.JC FP/t-C?'T,Lge O ( t.1CrL. 'p /j I+L C,J'T M L) S - b l d? ?( Cn LS S1 0j. W r ! t PYwV 1 h? J? l?r.?/?' J "Tt2 sp (r w 14o?. (791) Diocese of Harrisburg Permanent Elementary School Record SCHOOL Holy Family CITY Harrisburg Pupil Sly-' Alana C. Sex F ILaall IFmO IMlddlat Address 2442 Duke St., 2 g. , PA 17104 Resident Public School District Harrisburg Change of Address Telephone 558•-0477 Change of Telephone 558-0312 Place of Binh Harrisburg, PA Date of Birth 5/31/90 Citizenship yes $$p 172-72-9931 Registered Perish Holy Family Harrisburg Admitted from Home IS.houh Location Date 8/29/95 Grade K-5 IAddlC01 Parish______ Cily/Town 8 Slate Date Baptism Holy Farm. Harrisburg PA rl , - Penance Holy Family Harris PA 2/26/9A first Eucharist Holy Family ?_ Harrisbtu' PA 5/03/98 Confirmation Name I eeeunallnn I Father Kevin P. Shary _ self-enpl Catholic Sscm- Coolll Mother Holly Sharv Mill no Aad.m Nurse Catholic S :Minn. . A&I Guardian nam. Coll. Sac, Adv. Siblings Relationship of guardian 10 child Home Situation: One parent ( ) Parents Separated or Divorced ( ) Restructured -- Stepfather/mother ( ) Father Remarried ( ) Mother Remarried ( ) Child resides with both parents Parental Rights (in case of separation or divorce) _ IAllach Copy of Cminolarl Language (other than English) spoken at home WITHDRAWAL RECORD RE-ENTRY RECORD Date To Cause- Date From Grade Reason e a 611010 -- 0 iI 3I sl: 'Wdhdrowal GalbU I IIInOO. 2 Collin. 3 Loll CdY, 4 Gledualmn. 5 Fmonaal Gllhcupxn. tl Pumti Wnn., School RoVuoof. 0 Inaulunonnued, 9 Olhar Reasons Name Last First Middle ACADEMIC ACHIEVEMENT s YEAR J9216 GRADE K / Religion 5 19- PA Readmg,Ar 61 da• 3 English ?Q spelling Handwriting Mathematics A GL Oil- _s C_ Sclance7Health' 5 Social Sludies S Art 5 Music Phys. Ed7Heallh' Jr ass ail,C,palion Wax HANS C ?.J 1cl a, 1 a wm Soc,.,oi Pia ress cJ rJ 5 Days Absent yy a% Al /G:u Times Late /O z a PROMOTED Z5 e.5 'Health may be correlated with Science and/or Phys. Ed. 0 -AL-Above Level GL•Grade Level BL-Below Level MARKING CODE GRADES 1-3 GRADES 4.8 A - Excellent FORM '•A•• B? - Very Good Numerical B - Good Cr - Above Average FORM •'B'• C - Average A - 95-100 - Excellent D - Below Average B- -90-94 - Very Good F - Failing B -85-89 - Good C+ .80-84 - Above Average C - 15.79 - Average D .70-74 - Below Average F . 69 8 Under -Failing Shary Alana C. 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N g Y 6 e _ S s u }y i v z - F : e V y u r 6 i .n ° s - y. o a d w - r - - e o ? o z s _ M e v 3 e V ti m E e z C a N 1 5H, _ O W e - g o u s - o x z m a b W ? F - - c F ? E i_ r fi - a S 0 0 : - ? ? F 3 o - r L`. E o 2 2 V o - ? e m _ € M - 8 E V O Ls •i 0 Q t i V m 1Y V O _ Y i E r76 asap ?J i s 1 v r4 : ` r6 r5 r4 -? _I V U ri r?l t l 1 ? 24 ?- 1 V C6 c L a S S r r i e Z -2 E - - L?? p e ? C 5 s S m Y • ? s i 1 3 21 a z w 2 w w 2 o u Q m c? E? =0 U- w O? w~co ? wW U~ Ocl ON EI Ir Q Z Q H N N a cts L V co CD 'C7 «s i V ICT a m L V (D 'C7 cts L 0 CD CD a ca L V ti CD .o ca L co CD a ca L V 2 a f- Z w 2 w w 2 0 U ?Q m ? ?O LL w O? CO LU w w U~ OW ON 8 cr- Q Z Q F- U) N N -v C7 c9 LO a cc cri ca C7 a 0 vw 10 cts C7 ti m v U v .# HOLLY L. DONSBACH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY, DEFENDANT 994295 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 21AV- day of August, 2000, IT IS ORDERED: (1) Alana shall attend school for the 2000-2001 school year at the Holy Name School in Harrisburg. (2) During the summer school vacation periods Alana shall be with each parent on a two-week alternating scheduled. (3) Now that the parties know what school Alana will be attending, each party through counsel, shall forward to chambers not later than August 30, 2000, a proposal for the custody schedule during this school year. (4) Following receipt of the proposals, we will enter a final order incorporating therein paragraphs 1 and 2 of this temporary order. By the Edgar B. Charles Rector, Esquire For Plaintiff Samuel Andes, Esquire For Defendant J. A' 10L) :saa J HOLLY L. DONSBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARP, Defendant : 99-4295 CIVIL TERM ORDER AND NOW this day of , 2000, upon consideration of plaintiffs Petition to Supplement the Record. Said Petition is hereby A brief hearing limited to the recommendations of Pauline Wallin, PhD. regarding custody during this school year is scheduled for the day of 2000, in Courtroom No. 2 of the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley, J. HOLLY L. DONSBACH, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHAKY, Respondent 99-4295 CIVIL TERM PETITION OF HOLLY L. DONSBACH TO SUPPLEMENT THE RECORD 1. Petitioner is Holly L. Donsbach, Plaintiff in the above-captioned matter. 2. Respondent is Kevin P. Shary, Defendant in the above-captioned matter. 3. On August 21, 2000, your Honorable Court issued a Temporary Order of Court which provided that the parties' minor child Alana C. Shary, (date of birth, May 31, 1990), shall attend the Holy Family School in Harrisburg. Your Honorable Court also requested proposals from the parties prior to the entry of a final order regarding scheduled custody during the school year. See Exhibit "A" attached. Petitioner Holly L. Donsbach has complied with your Honorable Court's request to provide a proposed custody schedule by letter of her attorney dated August 29, 2000. 4. By previous Order of your Honorable Court dated September 9, 1999, a custody evaluation was performed by Pauline Wallin, PhD. See Exhibit "B" attached. 5. Although neither litigant called Dr. Wallin as an expert witness in their cases-in- chief, Dr. Wallin provided specific recommendations in her written report regarding a custody schedule during the school year, assuming that the minor child continued her enrollment at the Holy Family School in Harrisburg, Pennsylvania. These recommendations are relevant and material to the entry of the final order and may assist the court in its adjudication of this matter. WHEREFORE, Petitioner Holly L. Donsbach respectfully requests that your Honorable Court schedule a brief hearing to address Dr. Wallin's recommendations in this regard and to supplement the record. RESPECTFULLY C(tarles Rector, F/ ire Attorney I.D. N 39124-1 LAW OFFICES OF CHARLES RECTOR, ESQUIRE, P.C. 1104 Femwood Avenue, Suite 203 Camp Hill, PA 17011 Phone (717) 761-8101 Dated: $I3o/°0 HOLLY L. DONSBACH, PLAINTIFF V. KEVIN P. SHARY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 21SY day of August, 2000, IT IS ORDERED: (1) Alana shall attend school for the 2000-2001 school year at the Holy Name School in Harrisburg. (2) During the summer school vacation periods Alana shall be with each parent on a two-week alternating scheduled. (3) Now that the parties know what school Alana will be attending, each party through counsel, shall forward to chambers not later than August 30, 2000, a proposal for the custody schedule during this school year. (4) Following receipt of the proposals, we will enter a final order incorporating therein paragraphs 1 and 2 of this temporary order. Charles Rector, Esquire For Plaintiff Samuel Andes, Esquire For Defendant :saa TRUE COPY FROM RECORD In Testimony v:h:; I h:re unto sat my hand and t ? sealrrof s 'd Coer? ?j Carlisle, Pa. EXHIBIT ?- Prothonotary HOLLY LEE DONSBACH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-4295 CIVIL TERM KEVIN PATRICK SHAKY, : CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this q day of 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Donsbach, and the Father, Kevin P. Shary, shall submit themselves and their minor Child, Alana Clairesse Shary, to a custody evaluation to be performed by Stanley Schneider, PhD. or Pauline Wallin, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will serve the best interests of the Child. The cost of the evaluation shall be shared equally by the parties. 2. The parties shall share having legal custody of the Child. Accordingly, each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion., 3. Pending the conclusion of the evaluation and further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following arrangements: A. The Father shall have custody of the Child every week from Sunday at 10:00 a.m. through Wednesday when the Child goes to school. The Mother shall have custody of the Child every week from Wednesday, when the Mother shall pick up the Child at school, through Sunday morning at 10:00 a.m. when the Mother shall transport the Child to the Father's residence. B. The parties ;shall exchange the Child's clothing, school materials'-and other belongings as necessary in a civil and cooperative manner during exchanges of custody. In 1999, the Mother shall have custody of the child over the EXHIBIT Thanksgiving holiday from after school on the Wednesday N before Thanksgiving through the following Sunday morning at 10:00 a.m. in accordance with the regular custody schedule. Also in 1999: the Father shall have custody of the child over the Christmas holiday during both Christmas Eve and Christmas Day. D. The Child shall continue to attend school at Holy Family in Harrisburg. 4. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, cc: Thomas Gould, Esquire - Counsel for Mother Kevin P. Sheryl Father TRUE COPY FROM RECORD In Tcstimoriv •::hcreof, I hsre unto set my hand and the seal of said Court at Carlisle, Pa. This .....9.p?? ... day of...~•'••, 19..9y. Z9 ... .?4?» ..:. Ph?no ary HOLLY LEE DONSBACH, Plaintiff VS. KEVIN PATRICK SHARY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH COMBERi M COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF HIM CURRENTLY IN CUSTODY OF Alana Clairesse Shary May 31, 1990 Mother/Father 2. A Conciliation Conference was held on September It 1999, with the following individuals in attendance: The Mother, Holly L. Donsbach, who attended the Conference without her attorney, Thomas Gould, Esquire, and the Father, Kevin P. Shary, who is not represented by counsel in this matter. 3. The parties agreed to entry of an order in the form as attached. dGr ., ?? l g 5 5 6CL';a/b4c.'dr. Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I, HOLLY L. DONSBACH, verify that the statements made in the foregoing Petition of Holly L. Donsbach to Supplement the Record are 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.A. 4904, relating to unswom falsification to authorities. BY: lkll L JX/ HOLI?V L. DONSBACH/s/ DATE: 8//10/a1 CERTIFICATE OF SERVICE I, Charles Rector, of the Law Offices of Charles Rector, Esquire, P.C., hereby certify that I have this zeK day of August, 2000, served the foregoing PETITION OF HOLLY L. DONSBACH TO SUPPLEMENT THE RECORD, by depositing same in the United States First-Class mail, postage prepaid, addressed to the following: Samuel L. Andes, Esquire 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 LAW OFFICES OF CHARLES BY: r rn ?- 1 d m a ulWO0 ?CnN LL 00 N WW??n z LL <Z u 0 OF'Ow` V u joao Wwa? w aouC U AUG 3 0 2000?1n HOLLY L. DONSBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY, Defendant AND NOW this day of 99-4295 CIVIL TERM ORDER 2000, upon consideration of Plaintiffs Petition to Supplement the Record. Said Petition is hereby A brief hearing limited to the recommendations of Pauline Wallin, PhD. regarding custody during this school year is scheduled for the day of 2000, in Courtroom No. 2 of the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley, J. HOLLY L. DONSBACH, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY, Respondent 99-4295 CIVIL TERM r Petitioner is Holly L. Donsbach, Plaintiff in the above-captioned matter. n 2. Respondent is Kevin P. Shary, Defendant in the above-captioned matter. 3. On August 21, 2000, your Honorable Court issued a Temporary Order of Court which provided that the parties' minor child Alana C. Shary, (date of birth, May 31, 1990), shall attend the Holy Family School in Harrisburg. Your Honorable Court also requested proposals from the parties prior to the entry of a final order regarding scheduled custody during the school year. See Exhibit "A" attached. Petitioner Holly L. Donsbach has complied with your Honorable Court's request to provide a proposed custody schedule by letter of her attorney dated August 29, 2000. 4. By previous Order of your Honorable Court dated September 9, 1999, a custody evaluation was performed by Pauline Wallin, PhD. See Exhibit "B" attached. 5. Although neither litigant called Dr. Wallin as an expert witness in their cases-in- chief, Dr. Wallin provided specific recommendations in her written report regarding a custody schedule during the school year, assuming that the minor child continued her enrollment at the Holy Family School in Harrisburg, Pennsylvania. 6. These recommendations are relevant and material to the entry of the final order and may assist the court in its adjudication of this matter. VaMREFORE, Petitioner Holly L. Donsbach respectfully requests that your Honorable Court schedule a brief hearing to address Dr. Wallin's recommendations in this regard and to supplement the record. RESPECTFULLY Charles Rector, Y# re Attorney I.D. Nd. 3 LAW OFFICES OF CHARLES RECTOR, ESQUIRE, P.C. 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 Phone (717) 761-8101 Dated: &/3°/ 0° HOLLY L. DONSBACH, PLAINTIFF V. KEVIN P. SHARY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 2ISr day of August, 2000, IT IS ORDERED: (1) Alana shall attend school for the 2000-2001 school year at the Holy Name School in Harrisburg. (2) During the summer school vacation periods Alana shall be with each parent on a two-week alternating scheduled. (3) Now that the parties know what school Alana will be attending, each party through counsel, shall forward to chambers not later than August 30, 2000, a proposal for the custody schedule during this school year. (4) Following receipt of the proposals, we will enter a final order incorporating therein paragraphs 1 and 2 of this temporary order. By the Edgar B. Charles Rector, Esquire For Plaintiff Samuel Andes, Esquire For Defendant :saa J. TRUE COPY FROM RECORD In Testimcry I n" unto sat my hand and t seal of s 'd CouA Carlisle, Pa. SUE T' Prothonotary HOLLY LEE DONSBACH, Plaintiff VS. KEVIN PATRICK SHAKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this q day of 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Donsbach, and the Father, Kevin P. Shary, shall submit themselves and their minor Child, Alana Clairesse Shary, to a custody evaluation to be performed by Stanley Schneider, PhD. or Pauline Wallin, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will serve the best interests of the Child. The cost of the evaluation shall be shared equally by the parties. 2. The parties shall share having legal custody of the Child. Accordingly, each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion., 3. Pending the conclusion of the evaluation and further order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following arrangements: A. The Father shall have custody of the Child every week from Sunday at 10:00 a.m. through Wednesday when the Child goes to school. The Mother shall have custody of the Child every week from Wednesday, when the Mother shall pick up the Child at school, through Sunday morning at 10:00 a.m. when the Mother shall transport the Child to the Father's residence. B. The parties ;shall exchange the Child's clothing, school materials" and other belongings as necessary in a civil and cooperative manner during exchanges of custody. In 1999, the Mother shall have custody of the Child over the EXHIBIT Thanksgiving holiday from after school on the Wednesday before Thanksgiving through the following Sunday morning at I -a 10:00 a.m. in accordance with the regular custody schedule. Also in 1999, the Father shall have custody of the Child over the Christmas holiday during both Christmas Ewe and Christmas Day. D. The Child shall continue to attend school at Holy Family in Harrisburg. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Thomas Gould, Esquire - Counsel for Mother Kevin P. Shary, Father TRUE COPY FROM RECORD In Rstimon•; .-Acrof, I h,:re unto set my hand and the seal of said Court at Carlisle, Pa. This .....9.A... day of...: t.'..1 19... 7y. Prothonotary HOLLY LEE DONSBACH, Plaintiff VS. KEVIN PATRICK SHAKY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CCiVCILrnmrCN 5@?1AR7[ REPORT 1915.3-8, the undeCO RORDA E st CUIBERI AND COUNTY RULE OF CIVIL p=M)URE Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF Bnm CURRF MY IN CUSTODY OF Alana Clairesse Shary May 31, 1990 Mother/Father 2. A Conciliation Conference was held on September 1, 1999, with the following individuals in attendance: The Mother, Holly L. Donsbach, who attended the Conference without her attorney, Thomas Gould, Esquire, and the Father, Kevin P. Shary, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. e?{Es,,,,. quire Custody Conciliator VERIFICATION I, HOLLY L. DONSBACH, verify that the statements made in the foregoing Petition of Holly L. Donsbach to Supplement the Record are 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.A. 4904, relating to unswom falsification to authorities. BY: Ik `6 `'- ,s/ HOLLY L. DONSBACH/s/ DATE: S/3%u CERTIFICATE OF SERVICE I, Charles Rector, of the Law Offices of Charles Rector, Esquire, P.C., hereby certify that I have this 3e* day of August, 2000, served the foregoing PETITION OF HOLLY L. DONSBACH TO SUPPLEMENT THE RECORD, by depositing same in the United States First-Class mail, postage prepaid, addressed to the following: Samuel L. Andes, Esquire 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 LAW OFFICES OF CHARLES BY: HOLLY L. DONSBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY, Defendant AND NOW this day of 99-4295 CIVIL TERM ORDER 2000, upon consideration of Plaintiff's Petition to Supplement the Record. Said Petition is hereby A brief hearing limited to the recommendations of Pauline Wallin, PhD. regarding custody during this school year is scheduled for the day of 2000, in Courtroom No. 2 of the Court of Common Pleas of Cumberland County, Carlisle, Pennsylvania. BY THE COURT: Edgar B. Bayley, J. HOLLY L. DONSBACH, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHAKY, -, Respondent 99-4295 CIVIL TERM T PETITION OF HOLLY L DONSBACH TO SUPPLEMENT THE RECORD 1. Petitioner is Holly L. Donsbach, Plaintiff in the above-captioned matter. 2. Respondent is Kevin P. Shary, Defendant in the above-captioned matter. 3. On August 21, 2000, your Honorable Court issued a Temporary Order of Court which provided that the parties' minor child Alana C. Shary, (date of birth, May 31, 1990), shall attend the Holy Family School in Harrisburg. Your Honorable Court also requested proposals from the parties prior to the entry of a final order regarding scheduled custody during the school year. See Exhibit "A" attached. Petitioner Holly L. Donsbach has complied with your Honorable Court's request to provide a proposed custody schedule by letter of her attorney dated August 29, 2000. 4. By previous Order of your Honorable Court dated September 9, 1999, a custody evaluation was performed by Pauline Wallin, PhD. See Exhibit "B" attached. 5. Although neither litigant called Dr. Wallin as an expert witness in their cases-in- chief, Dr. Wallin provided specific recommendations in her written report regarding a custody schedule during the school year, assuming that the minor child continued her enrollment at the i I Holy Family School in Harrisburg, Pennsylvania. 6. These recommendations are relevant and material to the entry of the final order and may assist the court in its adjudication of this matter. WHEREFORE, Petitioner Holly L. Donsbach respectfully requests that your Honorable Court schedule a brief hearing to address Dr. Wallin's recommendations in this regard and to supplement the record. RESPECTFULLY Charles Rector, qq ire Attorney I.D. Nd. 3 LAW OFFICES OF CHARLES RECTOR, ESQUIRE, P.C. 1104 Femwood Avenue, Suite 203 Camp Hill, PA 17011 Phone(717)761-8101 Dated: S& /30/ o0 HOLLY L. DONSBACH, PLAINTIFF V. KEVIN P. SHARY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 21SN? day of August, 2000, IT IS ORDERED: (1) Alana shall attend school for the 2000-2001 school year at the Holy Name School in Harrisburg. (2) During the summer school vacation periods Alana shall be with each parent on a two-week alternating scheduled. (3) Now that the parties know what school Alana will be attending, each party through counsel, shall forward to chambers not later than August 30, 2000, a proposal for the custody schedule during this school year. (4) Following receipt of the proposals, we will enter a final order incorporating therein paragraphs 1 and 2 of this temporary order. By the Court Edgar B. Bayle J. Charles Rector, Esquire For Plaintiff Samuel Andes, Esquire For Defendant :saa TRUE COPY MOM RECORD In Testim,ny crhxco`•, I h-re unto set my hand seal of ourt 4U4? Carlisle, Pa. ....... EXI HIBIT A42 Prothonotary HOLLY LEE DONSBACH, Plaintiff VS. KEVIN PATRICK SHAKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this gel,, day of ?.?t 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Donsbach, and the Father, Kevin P. Shary, shall submit themselves and their minor Child, Alana Clairesse Shary, to a custody evaluation to be performed by Stanley Schneider, PhD. or Pauline Wallin, PhD. The purpose of the evaluation shall be to obtain independent professional recommendations concerning custody arrangements which will serve the best interests of the Child. The cost of the evaluation shall be shared equally by the parties. 2. The parties shall share having legal custody of the Child. Accordingly, each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion.. 3. Pending the conclusion of the evaluation and further Order of Court or agreement of the parties, the parties shall share having physical custody of the Child in accordance with the following arrangements: A. The Father shall have custody of the Child every week from Sunday at 10:00 a.m. through Wednesday when the Child goes to school. The Mother shall have custody of the Child every week from Wednesday, when the Mother shall pick up the Child at school, through Sunday morning at 10:00 a.m. when the Mother shall transport the Child to the Father's residence. B. The parties shall exchange the Child's clothing, school materials'and other belongings as necessary in a civil and cooperative:manner during exchanges of custody. In 1999, the Mother shall have custody of the Child over the !XHIBIT Thanksgiving holiday from after school on the Wednesday before Thanksgiving through the following Sunday morning at 3 10:00 a.m. in accordance with the regular custody schedule. Also in 1999, the Father shall have custody of the Child over the Christmas holiday during both Christmas Eve and Christmas Day. D. The Child shall continue to attend school at Holy Family in Harrisburg. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, 13/ Cfie(T,s , . - " J. cc: Thomas Gould, Esquire - Counsel for Mother Kevin P. Shary, Father TRUE COPY FROM RECORD In T:stimon•; .Aicreof, I hare unto set my hand and the seal of said Court at Carlisle, Pa. This .....9. ... day of... ...., 19..99. Prothonotary HOLLY LEE DONSBACH, Plaintiff vs. KEVIN PATRICK SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW CUSTODY COSrODY CCNCMIATION SU[M1ARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY ROLE OF CIVIL PROCEDORE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Clairesse Shary May 31, 1990 Mother/Father 2. A Conciliation Conference was held on September 1, 1999, with the following individuals in attendance: The Mother, Holly L. Donsbach, who attended the Conference without her attorney, Thomas Gould, Esquire, and the Father, Kevin P. Shary, who is not represented by counsel in this matter. 3. The parties agreed to entry of an order in the form as attached. ter. _ 1, l R 5 5 CJCG. n /-?fLr A ca?r? Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I, HOLLY L. DONSBACH, verify that the statements made in the foregoing Petition of Holly L. Donsbach to Supplement the Record are 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.A. 4904, relating to unsworn falsification to authorities. BY: lkl? L '? LI9W? ,r/ HOLLY L. DONSBACH/s/ DATE: Ff?Jo/ou CERTIFICATE OF SERVICE I, Charles Rector, of the Law Offices of Charles Rector, Esquire, P.C., hereby certify that I have this 3e* day of August, 2000, served the foregoing PETITION OF HOLLY L. DONSBACH TO SUPPLEMENT THE RECORD, by depositing same in the United States First-Class mail, postage prepaid, addressed to the following: Samuel L. Andes, Esquire 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 LAW OFFICES OF CHARLES BY: r y]??Rl :..I V a q. ?n yL ` LL imn 0 g # 0 nn # rn r?r # *-oa d a O a? w `i' " W a' V Uaoo- Q 3 Q OE v?ia UX ?$ E "a w U O H w? br .aF x ti a? '^ p E Mca?- n :Y G !? w P cn m? a ¢ n }soaemn Q # m G? ?[ NrM1 G ? d U a 9 o cy W W ?> q m U a FG?N a 9 o gy p p UL C W L e u U ? c W ? n ° w ?wN U.?cnU HOLLY L. DONSBACH, Plaintiff vs. KEVIN P. SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND I COUNTY, PENNSYLVANIA ) CIVIL ACTION - LAW 1 NO. 99-4295 CIVIL TERM AND NOW comes the above-named Defendant, Kevin P. Shary, by his attorney, ey Samuel L. Andes, and makes the following response to the Plaintiff's Petition: 1 through 4. Admitted. 5. It is admitted that neither party called Dr. Wallin to testify at the hearing. However, Dr. Wallin was personally present at the hearing and was available for either party to call to testify. Both parties elected not to have her testify and, by doing so, Plaintiff waived her right to have Dr. Wallin testify in this proceeding at this stage, as well as at the hearing. 6. Denied. The recommendations made by Dr. Wallin does not apply to the present status of the case, are now outdated, and are not helpful to the parties or to the court in resolving the remaining issues in the case, which only involve a schedule for custody. Moreover, this court now has more complete and current information than Dr. Wallin could provide through any testimony. WHEREFORE, Defendant prays this court to deny Plaintiff's Petition to Supplement the Record. Sam L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12'h Street Lemoyne, PA 17043 (717) 761-5361 :II Wk- -C ERTIFICATE_0 ESERV LCE I hereby certify that I served an original of the foregoing Answer of Defendant to Plaintiff's Petition to Supplement the Record upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 Date: I t ?? C?V- 5L el L. An es Attorney for Defendant n Y F O IJj W W W Q > s r 7 .?i `" `?: < ? = .mot .+ y r r? r W ? tJ? d W x .. a w O ? a a ? < ? ,'?? j H O i. .1 HOLLY L. DONSBACH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY, DEFENDANT 99-4295 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2000, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Holly L. Donsbach and Kevin P. Shary shall have shared legal custody of Alana C. Shary, born May 31, 1990. (3) During the school year, the parents shall have shared physical custody of Alana on the following schedule: (a) The father shall have Alana from each Monday after school through each Friday at 5:30 p.m. (b) The parents shall share weekends with the mother having Alana the first three weekends out of a four-week cycle and the father shall have her on the fourth weekend of the cycle. (c) The mother's weekends shall commence from 5:30 p.m. on Friday until the beginning of school on Monday when she shall have Alana taken to school. (d) If the mother's weekend includes a Monday holiday, her weekend shall be extended until the beginning of school on Tuesday. If Monday is 99-4295 CIVIL TERM a holiday on a weekend the father has Alana, he shall have her that Monday. (4) During summer school vacation period, the parents shall share physical custody of Alana on a two-week alternating schedule. The vacation period shall commence at noon on the first Sunday following the end of school and end at noon on the last Sunday before the return of school. The mother shall have Alana during the first two-week period commencing at noon on the first Sunday after the end of school until noon on Sunday two weeks later, and during alternating two-week cycles thereafter. (5) During the Christmas school vacation period, the mother shall have Alana in even numbered years from 5:30 P.M. the day school ends until noon on Christmas day, and the father shall have her from noon on Christmas day until school resumes. In odd numbered years the schedule will reverse with the mother having Alana taken to school on the first day school starts after the vacation. (6) The mother shall have Alana during every Easter school vacation period from 5:30 p.m. the day school ends until she has Alana taken to school the morning school resumes. (7) The father shall have Alana during the entire school Thanksgiving vacation period in even numbered years and the mother shall have her during the entire Thanksgiving school vacation period in odd numbered years. (8) Transportation for these periods of time with Alana shall be provided by the receiving parent. -2- 99-4295 CIVIL TERM Charles Rector, Esquire For Plaintiff Samuel Andes, Esquire For Defendant :saa pro C6e If -3- . ;. Cq "1. ?. , GG SEP 1 S 4;t t,: 10 GUM3?N??pN ? HOLLY L. DONSBACH, PLAINTIFF V. KEVIN P. SHARY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL TERM ORDER OF COURT AND NOW, this Pr day of September, 2000, the petition of Holly L. Donsbach to supplement the record, IS DENIED. Charles Rector, Esquire For Plaintiff Samuel Andes, Esquire For Defendant :sea C? ?-19.00 15 1!L U-OrF1CE 00 SEP 15 PM 4: 09 CUMPENNSYLVANIA? HOLLY L. DONSBACH Plaintiff V. KEVIN P. SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this V day of ___Q , 2001, upon consideration of the within Emergency Petition for Primary and Legal Custody, a?s//aid Petition is GRANTED and Petitioner/Plaintiff, Holly L. Donsbach, is WA42dietely a4varded primary legal and physical custody of the minor child, Alana C. Shary, including the right to enroll the child in St. Patrick's Elementary School, Carlisle, Pennsylvania. Cl t..LR.O 5 ??. _ - <: 41; Ou%r ?: ? . ???,,; ? , ? . .rr HOLLY L. DONSBACH Plaintiff V. KEVIN P. SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR PRIMARYLEGAL 8 PHYSICAL CUSTODY AND NOW, comes the Plaintiff, Holly L. Donsbach, by and through her attorney, Charles Rector, Esquire, and avers the following in support of the within Petition: Plaintiff is Mother who currently resides at 152 Faith Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Father who previously resided at 2442 Duke Street, Harrisburg, Dauphin County, Pennsylvania, 17104, but who is now believed to be incarcerated at the Philadelphia Federal Detention Center, 700 Arch Street, Philadelphia, Pennsylvania, 19105. 3. The parties hereto are the parents of Alana C. Shary (DOB 5/31/90). 4. On August 21, 2000, and September 15, 2000, the Honorable Edgar B. Bayley of the Court of Common Pleas of Cumberland County entered Orders of Custody which provided that the parties share legal and physical custody and that during the school year the minor child attend parochial school in Harrisburg, Dauphin County, Pennsylvania, near Defendant's home. (See Exhibits "A" and "B" attached). 5. In the case of United States of America v. Kevin P Shary, Docket No. 1:00-CR-322-01, Defendant was recently adjudicated guilty of criminal offenses which include: a. Concealment of assets in connection with a Bankruptcy proceeding (18 USC § 152(1)); b. Making a false oath in connection with a Bankruptcy proceeding (18 USC § 152(2)); and c. Making a false declaration under penalty of perjury in connection with a Bankruptcy proceeding (18 USC § 152(3)). (See Exhibit "C" attached) 6. On October 12, 2001, the Honorable Sylvia H. Rambo, United States District Judge, sentenced Defendant to twenty one (21) months incarceration and required Defendant to surrender to the United States Marshal on November 13, 2001, at 1:00 p.m. (See Exhibit "C" attached). Defendant is currently housed at the Federal Detention Center, 700 Arch Street, Philadelphia, Pennsylvania, 19105 (See Exhibit "D" attached). 8. Defendant failed to notify Plaintiff of his incarceration. 9. Defendant's release date is unknown. 10. Plaintiff believes and therefore avers that Defendant has arranged for third party caregivers to care for the child while he is incarcerated. 11. Plaintiff is entitled to an Order of primary physical and legal custody under the circumstances. 12. The Holy Family Elementary School which the minor child currently attends will be a 3545 minute drive each way for Plaintiff and the minor child. 13. To facilitate continued parochial school matriculation of the minor child, Plaintiff will enroll her in St. Patrick's Elementary School In Carlisle, Pennsylvania. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant her primary physical and legal custody of the minor child. RESPECTFULLY SU Ch s Rect squire 1104 Femw d Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-6101 Attorney for Plaintiff Date: J3 °j I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Holly L. Do ch Date: (1-2i-oi _ CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 26' day of November, 2001,1 caused a true and correct copy of the within Petition to be served upon the following counsel of record by depositing same In first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Samuel L. Andes, Esquire 525 N. Twelfth Street P. 0. Box 168 Lemoyne, PA 17043-0168 1104 Fernwood 9(ve?ue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: ?` of HOLLY L. DONSBACH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY, DEFENDANT 99-4295 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this :21A-- day of August, 2000, IT IS ORDERED: (1) Alana shall attend school for the 2000-2001 school year at the Holy Name School in Harrisburg. (2) During the summer school vacation periods Alana shall be with each parent on a two-week alternating scheduled. (3) Now that the parties know what school Alana will be attending, each party through counsel, shall forward to chambers not later than August 30, 2000, a proposal for the custody schedule during this school year. (4) Following receipt of the proposals, we will enter a final order incorporating therein paragraphs 1 and 2 of this temporary order. By the Cou Edgar B. BayleAJ. Charles Rector, Esquire For Plaintiff Samuel Andes, Esquire For Defendant :saa EXHIBIT ZT^CRD v L In T•stlmn, It my hand and r' ? aeal of s• ! ?.. Carlira, Pa. rr Prothonotary HOLLY L. DONSBACH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY, DEFENDANT 99-4295 CIVIL TERM ORDER OF COURT AND NOW, this 15' day of September, 2000, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Holly L. Donsbach and Kevin P. Shary shall have shared legal custody of Alana C. Shay, born May 31, 1990. (3) During the school year, the parents shall have shared physical custody of Alana on the following schedule: (a) The father shall have Alana from each Monday after school through each Friday at 5:30 p.m. (b) The parents shall share weekends with the mother having Alana the first three weekends out of a four-week cycle and the father shall have her on the fourth weekend of the cycle. (c) The mother's weekends shall commence from 5:30 p.m. on Friday until the beginning of school on Monday when she shall have Alana taken to school. (d) If the mother's weekend includes a Monday holiday, her weekend shall be extended until the beginning of school on Tuesday. If Monday is l? EXHIBIT 1 3i 99-4295 CIVIL TERM a holiday on a weekend the father has Alana, he shall have her that Monday. (4) During summer school vacation period, the parents shall share physical custody of Alana on a two-week alternating schedule. The vacation period shall commence at noon on the first Sunday following the end of school and end at noon on the last Sunday before the return of school. The mother shall have Alana during the first two-week period commencing at noon on the first Sunday after the end of school until noon on Sunday two weeks later, and during alternating two-week cycles thereafter. (5) During the Christmas school vacation period, the mother shall have Alana in even numbered years from 5:30 p.m. the day school ends until noon on Christmas day, and the father shall have her from noon on Christmas day until school resumes. In odd numbered years the schedule will reverse with the mother having Alana taken to school on the first day school starts after the vacation. (6) The mother shall have Alana during every Easter school vacation period from 5:30 p.m. the day school ends until she has Alana taken to school the morning school resumes. (7) The father shall have Alana during the entire school Thanksgiving vacation period in even numbered years and the mother shall have her during the entire Thanksgiving school vacation period in odd numbered years. (8) Transportation for these periods of time with Alana shall be provided by the receiving parent. -2- 99-4295 CIVIL TERM Charles Rector, Esquire For Plaintiff Samuel Andes, Esquire For Defendant :sea TRUE COPY FROM RECORD In T,0;mony whereof, I here unto set my hand and seal of sai Court at?pnrliso, Pa. _;hg -3- onetary %AU 245B (Rev. 9100) Judgment in a Criminal Case Sheen UNITED STATES DISTRICT COURT MIDDLE District of PENNSYLVANIA UNITED STATES OF AMERICA V. KEVIN P. SHARY THE DEFENDANT: X pleaded guilty to count(s) I. II and III of the Indictment JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987) Case Number: 1:00-CR-322-01 James J. West. Esquire Defendant's Attorney MED HARRISBURG, PA ? pleaded nolo contendere to count(s) which was accepted by the court. MAhY ' ? was found guilty on count(s) Per after a plea of not guilty. ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following Date Offense Count Title & Section Nature of Offense Concluded Number(s) 18 USC § 152(1) Concealment of assets in connection with a Bankruptcy 11/29/2000 I proceeding. 18 USC § 152(2) Making a false oath in connection with a Bankruptcy 11/29/2000 II proceeding. 18 USC § 152(3) Making a false declaration under penalty of perjury in 11/29/2000 III connection with a bankruptcy proceeding. The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. ? The defendant has been found not guilty on count(s) ? Count(s) ? is ? are dismissed on the motion of the United States. IT IS ORDERED that the defendant shall notify the United States attorney for this district within 30 days of any changge of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States attorney of any material change in the defendant's economic circumstances. Defendant's Soc. Sec. No.: 220-66-8311 Defendant's Date of Birth: 09/26/61 Defendant's USM No.: 10579-067 Defendant's Residence Address: Kevin P. Sharv 2442 Duke Street Harrisburg. PA. 17104 Defendant's Mailing Address: Kevin P. Sharv 2442 Duke Street October 12. 2001 Date of imposition of Judgment S atur fludtctal Officer Svlvia H. Rambo. United States District Judge Name and Title of Judicial Officer //2 AI Date i/ -67/1 t -YF EXHIBIT C An 2458 (Rev. 9/00) Judgment in Criminal Case Sheet 2 - imprisonment DEFENDANT: KEVIN P. SHAKY Judgment -Page 2 of 7 CASE NUMBER: 1:00-CR-322-01 IMPRISONMENT Pursuant to the Sentencing Reform Act of 1984, the defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 21 Months This term consists of terms of 21 months on each of Counts I, II, and III to be served concurrently. ? The court makes the following recommendations to the Bureau of Prisons: ? The defendant is remanded to the custody of the United States Marshal. X The defendant shall surrender to the United States Marshal for this district: X at 1:00 ? a.m. X p.m on November 13. 2001 ? as notified by the United States Marshal. ? The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: ? before 2 p.m. on ? as notified by the United States Marshal. ? as notified by the Probation or Pretrial Services Office. ? The defendant is to contact the United States Marshal's Office no later than three days prior to the above date to be notified of the place of confinement. RETURN I have executed this judgment as follows: Defendant delivered on at to , with a certified copy of this judgment. UNITED STATES MARSHAL By DEPUTY UNTED STATES MARSHAL AO 245B (Rev. 9/00)l6dgment in a Criminal Cue Sheet 3 - SunervkM Relnne. DEFENDANT: KEVIN P. SHAKY CASE NUMBER: 1:00-CR-322.01 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term 2 Years This term consists of terms of two years on each of the three counts, to be served concurrently. The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not illegally possess a controlled substance. For offenses committed on or after September 13, 1994: The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter as directed by the probation officer. ? The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) s luagment Imposes a fine or a restitution obligation, it shall be a condition of supervised release that the defendant pay any or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of set forth in the Criminal Monetary Penalties sheet of this iudement_ The defendant shall compl with the standard conditions that have been adopted by this court (set forth below). The defendant shall also comply with the additional conditions on the attached page. STANDARD CONDITIONS OF SUPERVISION 1) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; 3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; 6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 7) the controlled substance or refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any any paraphernalia related to any controlled substances, except as prescribed by a physician; 8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer; 10) the defendant shall permit a. probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; 11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; 13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant s compliance with such notification requirement. AO 2458 (Rev. 9/00) Judgment in a Criminal Case Sheet I -Continued I - Supervised Release ' DEFENDANT: KEVIN P. SHAKY Judgment-Page 4 of 7 CASE NUMBER: 1:00-CR-322-01 ADDITIONAL STANDARD CONDITIONS OF SUPERVISION 14) the defendant shall refrain from possessing a firearm, destructive device, or other dangerous weapon. 15) the defendant shall participate in a program of testing and treatment for drug abuse, as directed by the Probation Office, until such time as you are released from the program by the Probation Officer. 16) the defendant shall notify the Court and U.S. Attomey's Office of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution, fines or special assessments. 17) the defendant shall not incur new credit charges or open additional lines of credit without the approval of the Probation Officer unless the defendant is in compliance with the installment schedule for payment of restitution, fines or special assessment. 18) the defendant shall provide the Probation Officer with access to any requested financial information. AO 2458 (Rev. 9/00) Judgment in a Cnminal Case Sheet 3 -Continued 2 - Supervised Release AO 245B (Rev. 9I00)ludgment in a Criminal Cue Sheet 7 - Reverse - Supervised Release DEFENDANT: KEVIN P. SHARY CASE NUMBER: 1:00-CR-322-01 ADDITIONAL SUPERVISED RELEASE TERMS 1. The defendant shall pay any balance of the fine imposed by this judgment which remains unpaid at the commencement of the term of supervised release in minimum monthly installments of no less than $150.00. AO 2458 in a Criminal Cue DEFENDANT: KEVIN P. SHARY Judgment -Page 6 _ of 7 CASE NUMBER: 1:00-CR-322-01 CRIMINAL MONETARY PENALTIES The defendant shall pay the following total criminal monetary penalties in accordance with the schedule of payments set forth on Sheet 5, Part B. Assessment TOTALS $ 300.00 - Cis. 1, 2, 3 Fine Restitution $ 31>00.00-0.1 $ N/A ? The determination of restitution is deferred until . An Amended Judgment in a Criminal Care (AO 245C) will be entered after such determination. ? The defendant shall make restitution (including community restitution) to the following payees in the amount listed below. If the defendant makes a partial payment, each payee shall receive an approximately proportioned ppayment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid in full prior to the United States receiving payment. Name of Payee TOTALS Priority Order *Total Amount of or Percentage Amount of Loss Restitution Ordered of Payment ? If applicable, restitution amount ordered pursuant to plea agreement $ ? The defendant shall pay interest on any fine or restitution of more than $2,500, unless the fine or restitution is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 5, Part B may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). ? The court determined that the defendant does not have the ability to pay interest, and it is ordered that: ? the interest requirement is waived for the ? fine and/or ? restitution. ? the interest requirement for the ? fine and/or ? restitution is modified as follows: "Findings for the total amount of losses are required under Chapters 109A,110, 110A, and 113A of Title 18, United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996. m ? ?fL U a o W Np? U. U) z ?C V CWN < Q0 =n W ? J?fF Q?t?C I' U !vvv 2 7 2001 Lo Itunate Locator Federal Bureau of Prisons Page 1 of 1 Inmate Register Number Name Age Race: Sex : Prolected Release Date : Location : Phone Number: Search Results for KEVIN SHAKY' 10579-067 KEVIN SHARY 40 MITE MALE UNKNOIMI PHILADELPHIA FDC 700 ARCH STREET PHILADELPHIA, PA 19105 (215)521-4000 Start a New Search EXHIBIT I ? http://inmateloc.bop.gov/locator/FindlamateHttpServlet7rYPE=IR.N&NUM=&First Nan.. 11/20/2001 C(? ? ?. ` ? r-- '' ? i S? ?`?c7 Q :?. ? Lj ?. HOLLY L. DONSBACH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4295 CIVIL ACTION LAW KEVIN P. SHARY DEFENDANT IN CUSTODY AND NOW, Thursday, March 07, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 04, 2002 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sundav,Esq.,NM Custody Conciliator 0' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL KELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 GUii. 3•??D2 ?- c?ca? ? ay ??a HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHAKY, Defendant IN THE COURT OF COMMON ? PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ) 1 NO. 99-4295 CIVIL TERM 1 IN CUSTODY ORDER OF COURT AND NOW, 2002, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on the day of 2002 , at o'clock .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHAKY, Defendant 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 1 NO. 99-4295 CIVIL TERM 1 IN CUSTODY PETITION TO MODIFY AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the Court to modify its most recent order in this matter, based upon the following: 1. The Petitioner herein is the Defendant, Kevin P. Shary. The Respondent herein is the Plaintiff, Holly L. Donsbach. 2. The parties hereto are the parents of one minor child, Alana C. Shary, born 31 May 1990. Until this Court's most recent order, the child had resided in the Defendant's home. The most recent order changed that custody arrangement because the Defendant was incarcerated in the federal prison system. 3. Defendant is currently incarcerated at the Philadelphia Federal Detention Center at 700 Arch Street in Philadelphia, Pennsylvania, where he expects to remain for at least one more year. That facility permits him to have visitors every evening but Thursday from 5:00 p.m. until 8:00 p.m. and any time during the day for up to one hour. 1 1 4. Defendant's parents, Robert J. Shary and Cecelia R. Shary, are currently staying at Defendant's home at 2442 Duke Street in Harrisburg, Pennsylvania, and maintain a residence at 89 Barkentine Drive in Millsboro, Delaware. 5. Defendant's parents have enjoyed a close and constant relationship with the child in this matter and are prepared to accompany the child on periodic visits with Defendant at the facility in Philadelphia. 6. Defendant desires to see his child so that he may maintain the close relationship they have developed and believes that the best way for him to maintain that relationship is for his parents to have the child every other weekend so they can transport her to visit him in the Philadelphia facility. WHEREFORE, Defendant prays this Court to enter an order granting him temporary custody of his daughter for all visiting hours available every other weekend, to permit his parents to have the child every other weekend for purposes of facilitating those visits, and to require Plaintiff to cooperate in arrangements for him to continue to see his child on a regular basis. Samuel L. A es Attorney for Defendant Supreme Court ID 17225 525 North 12'h Street Lemoyne, PA 17043 (717) 761-5361 2 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: Z-&-Oz, KEVIN P. SHARY 3 S _ -_ c-?-i• °0 p __ . _??1 ' ?. ,I y - ,? ('? 4 C t ,? _- C' i li?l"j 1 ' ?? . . ??.? Y ?_ o U s a ,. o N ? n W ? .<. Q F a " 6 .7 eG 6 ? ? ra y. W p N w 's ¢? i W z x ° w o ? a a ? H o w 4 '? z ti ? ?? 0 n i w .? 1 _r? HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHARY, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT } i l? day of , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly L. Donsbach, shall have primary physical and legal custody of Alana C. Shary, born May 31, 1990. The Mother shall share information and communicate with the Father to the extent possible regarding major decisions affecting the Child. 2. The Child's paternal grandparents, Robert J. Shary and Cecelia R. Shary, shall have periods of partial custody with the Child, during which thcy shall be responsible to arrange contact between the Child and the Father, Kevin P. Shary, during the period of the Father's incarceration. The specific dates and times for periods of partial custody shall be arranged by agreement between the Mother and the paternal grandparents. 3. The paternal grandparents shall have custody of the Child for up to 4 weeks during the summer school break, with no more than 2 weeks to be scheduled consecutively. The Mother shall also be entitled to have the same periods of custody with the Child during the summer uninterrupted by periods of partial custody. 4. Neither the parties nor the paternal grandparents shall do or say anything which may estrange the Child from either parent, injure the opinion of the Child as to either parent, or hamper the free and natural development of the Child's love and respect for either parent. The parties and paternal grandparents shall ensure that third parties having contact with the Child comply with this provision. 5. This Order is entered pursuant to an agreement at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, r/ Edgar B. Bayle?,, "-/ J. cc,-darles Rector, Esquire - Counsel for Mother Samuel L. Andes, Esquire - Counsel for Father L4-lS 4 R?5 r. _. . ? ...I ... l; .. ,i ???^ 1J ,, +iii!ii: 1. `j ,, .. -?i.t, HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHARY, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana C. Shary May 31. 1990 Mother 2. A Conciliation Conference was held on April 4, 2002, with the following individuals in attendance: The Mother, Holly L. Donsbach, with her counsel, Charles Rector, Esquire, and the paternal grandfather, Robert J. Shary, with the Father's counsel, Samuel L. Andes, Esquire. The Father, Kevin P. Shary is currently incarcerated at the Philadelphia Federal Detention Center and was unable to attend the Conference. 3. The parties agreed to entry of an Order in the form as attached. ?? ?OlJa lLl« ?LdC ./?n, Date Dawn S. Sunday, Esquire Custody Conciliator ha s N y 7 r ^? v ?.-1 W 44 J-, y O m o U 43 r0 4 E p p va w a > N ? ? ?? u'?.n 0 o P7 ? O ? a E v 8 01 ( ]' N y E-1 6? 000111 ?-7 N H ? 1 APR 0 9 200[ HOLLY L. DONSBACH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-4295 CIVIL ACTION LAW KEVIN P. SHARY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before -Dawn S. Sunday, Esq. _ the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 ott Thursday, March 27, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: A/ Dawn .S.Sunday. Esq. U Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO -1-0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 3 7 03 47" ma' z 3 •>43 HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHARY, Defendant ORDER OF COURT AND NOW, this day of 2003, upon consideration of the Complaint filed in this matter, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at Pennsylvania, on the day of , 2003, at o'clock _.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 a temporary order. All children aged five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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. COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 240-6200 FOR THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 CIVIL TERM IN CUSTODY BY CUSTODY CONCILIATOR HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHAKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes Kevin P. Shary, father of the child who is the subject of this custody action, and petitions the court to modify the current custody order, based upon the following: 1. The Petitioner herein is the father of the child. The Respondent herein is the mother of the child. 2. This Petition involves the custody of a minor child, Alana Shary, born May 31, 1990 is now age 12 and now age. 3. The most recent order in this case, a copy of which is attached hereto and marked as Exhibit A, awarded primary physical custody of the minor child to mother. That order was entered as a result of the father's incarceration at the federal detention center in Philadelphia, Pennsylvania, as a result of his conviction in federal court of crimes arising out of a bankruptcy petition he filed. 4. Prior to the last order of this court, father had primary physical custody of the minor child and she lived with him during the school year and attended school from his home in Harrisburg, Dauphin County, Pennsylvania. 5. Defendant is due to be released from the federal detention center in Philadelphia in early April of 2003 and, thereafter, to be released entirely from federal custody. Father anticipates that he will return to his home in Harrisburg and resume residing there. 6. Father seeks an award of shared legal custody of the minor child immediately upon his return to the Harrisburg area and believes that such an award would be in the best interest of the child for several reasons, which include: A. The child has been in his primary custody prior to his incarceration; and B. The child has long and close connections to father and to his home in Harrisburg, Pennsylvania and to his family; and C. Father desires to return the child to her neighborhood, community, and school in Harrisburg as soon as he can reestablish his residence there. WHEREFORE, Petitioner prays this court to modify its prior order and award shared legal and physical custody of the minor child to both father and mother. S I L. An e Attorney at Law Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: L 3 -o43 0 KEVI P. SHARY CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition to Modify upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 Date: 14 February 2003 O f uLai, Amy M. Harkins Secretary for Samuel L. Andes f?'} l 4 rv) e' Il_ CJ CJ ?? I n a m F o W w v k < ' 9 L u a :. ° w p s a a ?'? F O kl ,? 6 k x Ul N p ? F W a FEB 2 7 2003 " HOLLY DONSBACH, Plaintiff VS. KEVIN P. SHARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated September 15, 2000 and November 27, 2001 are vacated and replaced with this Order. 2. The Mother, Holly L. Donsbach and the Father, Kevin P. Shary, shall have shared legal custody of Alana Shary, bom May 31, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall share having partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child from after school on Friday, May 2, 2003 through Sunday, May 4, 2003 at 7:00 pm. B. The Father shall have custody of the Child from after school on Thursday, May 8, 2003 through Sunday, May 11, 2003 at 12:00 noon. C. Thereafter, the Father shall have custody of the Child over alternating weekends from Thursday after school through Monday at the beginning of school. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father. E. All exchanges of custody on school days shall take place at the Child's school and all other exchanges shall take place at the maternal grandmother's residence, unless otherwise agreed between the parties. 4. The parties shall alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In odd numbered years, the Mother shall have custody of the Child from 5:30 pm on the last day of school before the holiday until noon on Christmas Day, and the Father shall have custody from 12:00 noon on Christmas Day until school resumes. In even numbered years the Father shall have custody of the Child from 5:30 pm on the last day of school before the holiday until 12:00 noon on Christmas Day, and the Mother shall have custody from 12:00 noon on Christmas day until school resumes. B. THANKSGIVING / EASTER: In even numbered years, the Father shall have custody of the Child during the entire Thanksgiving and Easter school vacation periods and in odd numbered years, the Mother shall have custody of the Child during the entire Thanksgiving and Easter school vacation period. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule . 5. During the summer school break each year, the Father shall have custody of the Child for four consecutive weeks beginning on the first day of the summer school break, the Mother shall have custody for the next four weeks, the Father shall have custody for the following two weeks and thereafter the Mother shall have custody through the beginning of the new school year. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE cc: Charles Rector, Esquire - Counsel for Mother Samuel L. Andes, Esquire - Counsel for Father B. Bayley /h w?.? S. UG 03 J. ,I ... i .1 r - ?: J .? I 1 , r U ?? :L ? r _) U HOLLY DONSBACH, Plaintiff VS. KEVIN P. SHARY Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Shary May 31, 1990 Mother 2. A Conciliation Conference was held on April 29, 2003, with the following individuals in attendance: The Mother, Holly L. Donsbach, with her counsel, Charles Rector, Esquire and the Father, Kevin P. Shary, with his counsel Samuel L. Andes, Esquire 3. The parties agreed to entry of an Order in the form as attached. ram -sue, Date Dawn S. Sunday, Esqui Custody Conciliator o i I 44 ? ' .H 1 El E? P4 iS 1 ., 'o? at 8 u Iy m y$ •? 1- [ t 7 W o m ' z N a9?3; U > U 3 ? N a a U MAY 02 LUU3? HOLLY L. DONSBACH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4295 CIVIL TERM KEVIN P. SHAKY, : CIVIL ACTION - LAW Defendant : IN CUSTODY -2?OF 0 AND NOW, this ?l day of consideration of the attached Custody 2000, upon and directed as follows: Conciliatio Report, it is ordered 1. A Hearing is scheduled in ?Court Room q County Court House, on the ?3 - day of---?-' of the Cumberland y y? c , 2000, at `b; y S O'clock For ?•m• at which time _testa y will be taken. Purposes of this Hearing the Mother, Holly L. Donsbach, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior order of this Court dated September 9, 1999 shall continue in effect. BY THE COU4TI, Edga a ley, s. 7 lz? cc: Charles Rector, Esquire - Counsel for Mother /?-/ .., Kevin P. Shary, Father / 3 t -o-t))/ E HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHAKY, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4295 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPCRT IN ACCORDANCE WITH CLDMERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CaS1ODS OF Alana Clairesse Shary May 31, 1990 Mother/Father 2. A Conciliation Conference was held on February 15, 2000, with the following individuals in attendance: The Mother, Holly L. Donsbach, with her counsel, Charles Rector, Esquire, and the Father, Kevin P. Shary, who was not represented by counsel. 3. This Court previously entered an order in this matter on September 9, 1999 reflecting the parties' agreement at a Conciliation Conference to obtain a custody evaluation and to share physical custody of the Child pending the evaluator's recommendations. The evaluation was completed by Pauline Wallin, PhD. Thereafter, the Mother filed this Petition for Modification. The parties were not able to reach an agreement as to ongoing custody arrangements and it will be necessary to schedule a Hearing. 4. The Mother's position on custody is as follows: As the Mother currently lives in Shiremanstown, she believes it would be in the Child's best interest to transfer from her current enrollment at Holy Family school in Harrisburg to either the Shiremanstown Elementary school or St. Joseph's school in Mechanicsburg. The Mother was willing to continue with a shared physical custody arrangement similar to the current schedule which divides the weeks as well as the weekends approximately in half. The Mother also proposed 2 uninterrupted weeks for each party during the summer and alternating holidays. The Mother's main concern was to enroll the Child in either parochial, or preferably, public school in the Mother's school district. 5. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to remain in the school which she has been attending in Harrisburg as recommended by Dr. Wallin in her evaluation report. The Father believes it is very important for the Child to continue to attend parochial school and does not believe there is justification for a change in schools at this time. While the Father was willing to discuss the Mother's detailed custody proposal at the Conference, he indicated that he had not had sufficient time to consider whether it was acceptable and requested an additional week to make a decision. Thereafter, the Father contacted the Conciliator to advise that although other aspects of the proposal were agreeable, he felt it was important that the Child continue to attend school at Holy Family in Harrisburg. 6. While the parties were very close to reaching an agreement on all issues other than school enrollment at the Conference, the school issue is extremely important to both parties. At the Ccnference, the Mother requested that a Hearing be scheduler] in the event the Father rejected her proposal with respect to the school transfer after further consideration. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter. It is expected that the Hearing will require one-half day. Date Dawn S. Sunday, Esqui Custody Conciliator , (y O M 'y 3 a gg O Z a 01 ' 44 a =IC Wa U ?H ' ?? C 7 I1?Na ??' W U? m wN a > NQ ULG >' Q on ? u?a Le) W Cj o ? u a a FES 2000; HOLLY L. DONSBACH, Plaintiff vs. KEVIN P. SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 CIVIL TERM ORDER OF COURT AND NOW this I; day of 1 J? 2005, the hearing on the Plaintiffs Emergency Motion to Modify Custody, scheduled for Thursday, 16 June 2005 to commence at 2:00 p.m. has been rescheduled to commence on Monday, 27 June 2005 at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse in Carlisle, Pennsylvania. Distribution: VMark D. Johns, Esquire (Attorney for Plaintiff) P.O.Box 842, Horsham, PA 19044 .Zamuel L. Andes, Esquire (Attorney for Defendant) P.O. Box 168, Lemoyne, PA 17043 Xevin P. Shary (Defendant) 2442 Duke Street, Harrisburg, PA 17104 o? THE J', ?005 JU L f1 J03 HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHAKY, Defendant I IN THE COURT OF COMMON PLEAS 1 OF CUMBERLAND COUNTY, 1 PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 1 NO. 99-4295 I IN CUSTODY O DER OF URT AND NOW this ?- day of 2005, upon consideration of the attached Stipulation, we hereby vacate the prior orders in this action and replace them with the following: 1. The parties will continue to share legal custody, as defined by the law of Pennsylvania and with all rights incident to legal custody, of their child, Alana Shary, born May 31, 1990, and shall cooperate to exchange information, consult with each other, and make mutual decisions in the best interests of the child. 2, Holly L. Donsbach shall continue to have primary physical custody of the said child. The schedule of temporary custody for Kevin P. Shary is hereby suspended. He shall have such periods of visitation and temporary custody as he and the child may arrange or as we may order by subsequent order. Either party may petition this Court at any time to set a schedule?ef custody with the child. BY THE DISTRIBI}TION: ark D. Johns, ®ttorney for Plaintiff, P.O. Box 832, Horsham, PA 1904 Xmuel L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, PA 17043 r ;%b J. r m• Cv .s - _ =ice LL? 7 L1, ih _ L? Li HOLLY L. DONSBACH, ) Plaintiff ) ) VS. ) KEVIN P. SHARY, ) Defendant ) STIPULATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 IN CUSTODY AND NOW come the above-named parties, with their attorneys, and stipulate and agree that the attached order may be entered by the Court to resolve the issues raised by the Plaintiff's Emergency Motion to Modify Custody. Mark D. ns Attor or Holly L. Donsbach Kevilh P. Shary Sa ue6 L. Andes Attorney for Kevin P. Shary ....?? ,. .. ?. ,... ,. „. V? Mark D. Johns, Esq. Id. # 85270 P.O. Box 842 Horsham, PA 19044 (215) 285-4438 Holly L. Dousbach : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY V. : FAMILY DIVISION Kevin P. Shary Defendant INRE ig-- q y - yaYJ EMERGENCY MOTION TO MODIFY CUSTODY 1. Plaintiff, Holly L. Donsbacb, is an adult individual, and resides at 152 Faith Circle, Carlisle, PA 17013. 2. Defendant, Kevin P_ Shary, is an adult individual and resides at 2442 Duke Street, Carlisle PA 17104. 3. Parties are respectively the mother and father of the Minor child, Abma Clairesse Shary, D/O/B105/31/1990 . 4. The Plaintiff is the primary custodial parent pursuant to an order of this court. A copy of the order is attached hereto, made a part hereof and marked Exhibit "A". 5. The Defendant is scheduled to have custodial rights for summer months pursuant to said order. 6. Plaintiff believes, and therefore avers that it would be detritnental to the minor child for defendant to have custody at this time. The reasons for this belief are: A) Defendant has been verbally abusive of the minor child. B) Minor child is seeing a psychological counselor due to the trauma caused by this verbal abuse. C) Minor child, age 15, does not wish defendant to have custody. D) A copy of the minor child's psychological report stating it is not in the child's best interest for the father to have custody at this time is attached hereto, made a part hereof and marked Exhibit "B" for reference. 7. Plaintiff seeks to modify the order of this court as follows: A) Parties share joint legal custody. B) Mother to have primary physical custody. C) Father to have supervised visitation not less than two (2) hours per week and not more than six (6) hours per week. D) Defendant shall attend counseling with the minor child at least one (1) time per week. E) Defendant is ordered to attend an anger management class. 8. Plaintiff requests that the Court sign the Temporary Order. WHEREFORE, for the foregoing reasons plaintiff respectively requests that this Honorable Court grant her motion and sign the proposed order. Respectfully submitted: Mark hns, F;squire Attor cy for Plaintiff Holly L. Donsbach VERIFICATION I, Holly L. Donsbach, do hereby state and verify that I am the Plaintiff, and that the statements made in this Emergency Motion for Custody are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Z0-y- 5? Date MAY 0 2 2003 HOLLY DONSBACH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-4295 CIVIL ACTION LAW KEVIN P. SHARY Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of /A_?,.f 2003, upon consideration of the attached Custody Conciliation Reportf, it is ordered and directed as follows: The prior Orders of this Court dated September 15, 2000 and November 27, 2001 are vacated and replaced with this Order. 2. The Mother, Holly L. Donsbach and the Father, Kevin P. Shary, shall have shared legal custody of Alana Shary, born May 31, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, educatioh and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall share having partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child from after school, on Friday, May 2, 2003 through Sunday, May 4, 2003 at 7:00 pm. B. The Father shall have custody of the Child from after school on Thursday, May 8, 2003 through Sunday, May 11, 2003 at 12:00 noon. C. Thereafter, the Father shall have custody of the Child over alternating weekends from Thursday after school through Monday at the beginning of school. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father. A-- E. All exchanges of custody on school days shall take place at the Child's school and all other exchanges shall take place at the maternal grandmother's residence, unless otherwise agreed between the parties. 4. The parties shall alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In odd numbered years, the Mother shall have custody of the Child from 5:30 pm on the last day of school before the holiday until noon on Christmas Day, and the Father shall have custody from 12:00 noon on Christmas Day until school resumes. In even numbered years the Father shall have custody of the Child from 5:30 pm on the last day of school before the holiday until 12:00 noon on Christmas Day, and the Mother shall have custody from 12:00 noon on Christmas day until school resumes. B. THANKSGIVING / EASTER: In even numbered years, the Father shall have custody of the Child during the entire Thanksgiving and Easter school vacation periods and in odd numbered years, the Mother shall have custody of the Child during the entire Thanksgiving and Easter school vacation period. C. The holiday custody schedule shall supercede and take precedence over the regular custody schedule . 5. During the summer school break each year, the Father shall have custody of the Child for four consecutive weeks beginning on the first day of the summer school break, the Mother shall have custody for the next four weeks, the Father shall have custody for the following two weeks and thereafter the Mother shall have custody through the beginning of the new school year. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at. a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Charles Rector, Esquire - Counsel for Mother Samuel L. Andes, Esquire - Counsel for Father S A d Pd ar B. ayley / J. IS7y 4asd ,iSi ti39 WAI of said ? hL pr''jt??iiVnl? HOLLY DONSBACH, Plaintiff vs. KEVIN P. SHARY Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana Shary May 31, 1990 Mother 2. A Conciliation Conference was held on April 29, 2003, with the following individuals in attendance: The Mother, Holly L. Donsbach, with her counsel, Charles Rector, Esquire and the Father, Kevin P. Shary, with his counsel Samuel L. Andes, Esquire 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esqui Custody Conciliator 2-'V11LIo71V( L"u Pennsylvania Counseling Services - Carlisle Psychiatric Counseling 8EDVlCE8 1 Greystone Road, Carlisle, PA 17013 - (717) 245-9255 - Fax: (717) 245-9198 - pacounseling.mm Q Jane Krebs, Psy.D., L.P.C., Clinic Manager Roy A. Smith Jr., Ph.D., President, CEO - Ruth M. Davis, MBA, Executive Vice-President HARRISBURG 4918 Locust Lane Harrisburg, PA 17109 (717) 671-9610 Ea.:(717)671-9680 LANCASTER June 7, 2005 6079 Main Street East Petersburg, PA 17520 (717)5601994411 F Re: Alana Shary ax: LANCASTER CITY 302 West Orange Street To Whom It May Concern: Lancaster, PA 17603 (717) 397-SWI F. (717) 397-8414 My name is Michele O'Connell and I am a therapist with Pennsylvania LEBANON 3 Sixth Avenue Counseling Services. I have been working with Alana SharY since September Lebanon, 2717646 717 272-1653 of 2004. Miss Sh ary attended the intake accompanied by her mother and ( ) Fax: (717) 2724166 stepfather. At that time, Miss Shary presented with depression and anxiety. PONCE Miss Shary verbalized thoughts of suicide during the intake. Both her mother 1Re South PA 5th i9Wz and her stepfather were extremely concerned by Miss Shary's flattened affect (610) 320-5440 Fax: (610) 320-5442 and lability of mood. READING n Re P During her course of treatment Miss Shar has focused heavil on her ading, A 19 6U9 , y y (610) 670-7270 relationshi11 with her father and the effects that it has on her. Over the course Y Fax: (610) 678-3825 of my work with her, I began to easily be able to identify when it was a week READING CITY 935 Penn Street that she was to go to her father's house Her affect was flatter her mood was Reading, PA 19602 (610) 4784088 . , more irritable, and she seemed to find happiness in very little. She would Fax: (610) 478-1854 offer very little to the conversation and her eye contact became poor. When 701 RENAISSANCE Chestnut Street Miss Shary did not have to see her father, her affect was bright and she had no Leban 27eon, m, PA Le17042 (717 274-2741 Y disposition. She was relaxed and actively involved in the conversation ) . Fax: (717) 274-5905 RENAISSANCE CROSSROADS On several occasions Miss Shary would come into a session visibl an r 701 m Le a PA 17U2 , y y. g This anger was always directed at her father, and it often stemmed from a Fax: (717) 274,8304 phone call that she had received from him. At this time, Miss Shary was WESTSHORE honest and open in communicating her thoughts and feelings regarding her Mechen5iati g PAg70F055 father. Miss Shary's personality changes when it comes to speaking about her 717) 795-8363 (717 7941966 P father. Her thoughts regarding herself, as well as her worth become poor. ax: ) Her perspective on everything around and within her becomes negative YORK . 26 Mount Zion Road York, PA 17402 (717) 840-0984 In my professional opinion, Miss Shary functions in a more positive manner Fax` (717) 755,8859 when she does not have contact with her father. Her outlook on life in general YORK PSYCHIATRIC 12BNorthGeorgeStreet is much healthier. Miss Shary loves her father, however she recognizes that it York, PA1740 (717) e45,8u6 , not in her best interest to be around him at this time. Professionally speaking Pax: (717) 852-7380 , I believe the same. I professionally recommend that Miss Shary and her PCSln*r-re father at the very least see a therapist together in order to address their Employee Assistance , , Program 1-80077/-0305 v- Yclulihytvalua Pennsylvania Counseling Services - Carlisle Psychiatric Counseling 8ERVICEIS 1 Greystone Road, Carlisle, PA 17013 • (717) 245-9255 • Fax: (717) 245-9198 a pacolmseling.com Jane Krebs, Psy.D., L.P.C., Clinic Manager Roy A. Smith Jr., Ph.D., President, CEO a Ruth M. Davis, MBA, Executive Vice-President HARRISBURG 4918 Locust Lam Harrisburg, PA 17109 (717) 671.9610 Fax: (717) 671.9680 LANCASTER 6079 Main Sheet East Petemburg. PA 175M (717) 560-1905 Fax:(717)W4941 LANCASTER CITY 302 West Orange Street Lareaster, PA 17603 (717) 397-8081 Fax: (717) 397-0414 350 N. Sixth Avenue Lebanon, PA 17046 (717) 272-1653 Fax: (717) 2724166 10 South Fax: (610) 320-5442 READING 1733 Pam Avenue Reading, PA 19609 (610) 670-7270 Fax: (610) 678-3825 READING CITY 938 Pa. Street Reading. PA 19602 (610)478-80% Fax: (610) 4784884 RENAISSANCE 701 Chestnut Street Lebanon, PA 17042 (717) 274-2741 Fax: (717) 274-5405 RENAISSANCE CROSSROADS 701 Chestnut Street Lebanon, PA 17042 (717) 274-8301 Fax: (717) 274-M WEST SHORE 445 Gettysburg Pike M ardnburg, PA 17055 (717) 795-8363 Fax: (717) 796-1466 YORK 26 Mount Zion Road York, PA 17402 (717) 840-0984 Fax: (717) 755-8859 YORK PSYCHIATRIC 128 North George Street York, PA 17401 (717) 84&6116 Fax:(717)S52-7580 relationship issues. In the event that Miss Shary's father is able to identify how he affects his daughter, and agrees to take the necessary steps in order to put an end to making her feel the way that she does, visitations may be reinstated. If I may be of further assistance to you at this time, please feel free to contact me at 717-701-0407. Respe fully, C-: Michele L. O'Connell, M.S. PCs Jobcare Employee Assistance Program 1-800-7T1-0305 141- Yom' r5o 'off a © O? C%? S1 N^' (??rh Vy . V ' ?? r -u 1 ' `y r s 14 ? - O a HOLLY L. DONSBACH, PLAINTIFF V. KEVIN P. SHARY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 99-4295 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2005, a hearing on the plaintiff's emergency motion to modify custody, shall commence at 2:00 p.m., Thursday, June 16, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, P nnsylvania, By the Courf, _ __ __ tagar tf. rsayiey, j. Mark D. Johns, Esquire For Plaintiff Samuel L. Andes, Esquire For Defendant sal "1'i :C 1-1J 6-- ' `? ISD9Z a 4rti=..-,? f?, HOLLY L. DONSBACH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY, DEFENDANT 99-4295 CIVIL TERM ORDER OF COURT AND NOW, this + day of June, 2005, a hearing on the plaintiffs emergency motion to modify custody, shall commence at 2:00 p.m., Thursday, June 16, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, By the Cauif, B. Bayley, J. Mark D. Johns, Esquire For Plaintiff Copy, ?Ivgf1 om 4,b0( Samuel L. Andes, Esquire For Defendant /16i / I a :sal .Pl h :C R8 6- V If Ilooz ti+7 ; c1d 3Hl 1Q HOLLY L. DONSBACH, Plaintiff vs. KEVIN P. SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 CIVIL TERM ORDER OF COURT AND NOW this. IZ day of 1 V..),, 2005, the hearing on the Plaintiffs Emergency Motion to Modify Custody, scheduled for Thursday, 16 June 2005 to commence at 2:00 p.m. has been rescheduled to commence on Monday, 27 June 2005 at 11:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse in Carlisle, Pennsylvania. Distribution: V ark D. Johns, Esquire (Attorney for Plaintiff) P.O.Box 842, Horsham, PA 19044 ,.Zamuel L. Andes, Esquire (Attorney for Defendant) P.O. Box 168, Lemoyne, PA 17043 Xevin P. Shary (Defendant) 2442 Duke Street, Harrisburg, PA 17104 0?.?5 o (S N 5 ! rail(' SOQZ ]HI ?O 30i1110,-OTII:J HOLLY L. DONSBACH, Plaintiff vs. KEVIN P. SHAKY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 IN CUSTODY Defendant ORDER OF COURT r AND NOW this Zj day of 2005, upon consideration of the NVZZ;Z-?- attached Stipulation, we hereby vacate the prior orders in this action and replace them with the following; 1. The parties will continue to share legal custody, as defined by the law of Pennsylvania and with all rights incident to legal custody, of their child, Alana Shary, born May 31, 1990, and shall cooperate to exchange information, consult with each other, and make mutual decisions in the best interests of the child. 2. Holly L. Donsbach shall continue to have primary physical custody of the said child. The schedule of temporary custody for Kevin P. Shary is hereby suspended. He shall have such periods of visitation and temporary custody as he and the child may arrange or as we may order by subsequent order. Either party may petition this Court at any time to set a schedulSoof custody with the child. DI D. Johns, (Attorney for Plaintiff, P.O. Box 832, Horsham, PA 1904 el L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, PA 17043 BY THE COURT, J. Off, ?; .?,, ..? ," ,??_ ?, ,:3 _,? ?- ,-i ?( ? ? ??. N `' iu??- w i ?[u '` r- ` Lf_ ??-, c> _? c: ? C?J In The Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Civil Trial Division. Tyrone Betrand § Civil Action No. 99-6452 Plaintiff § V. § (Judge Edgar B. Bayley) Superintendent Kenneth Kyler, et al.§ Defendants § EXCEPTION/OBJECTIONS TO DEFENDANTS PRELIMINARY OBJECTIONS AND NOW, come the Plaintiff, Tyrone Betrand who moving pro se make exception and object to the defendants preliminary objections due to genuine issues of fact in dispute and in support thereof states the following: 1. Plaintiff is an inmate currently incarcerated at the State Correctional Institution at Fayette (11SCI Fayette") and was formally confined in the Restricted Housing Unit ("RHU") at the State Correctional Institution at Camp Hill ("SCI Camp Hill"). 2. The Defendants are the Pennsylvania Department of Corrections, SCI Camp Hill, Kenneth Kyler,Superintendent at SCI Camp Hill, Arthur Auxer, former Unit Manager at SCI Camp Hill, Ben Livingood Grievance coordinator at SCI Camp Hill, Robert S. Bitner, Chief Hearing Examiner for the Department of Corrections, and COI O'Connor, a Corrections Officer 1 at SCI Camp Hill.(Defendants Kenneth Kyler, Ben Livingood and Robert Bitner were not withdrawn from this action by plaintiff. These defendants were listed in plaintiff original complaint and all subsequent filings by plaintiff and their failure to appear in plaintiffs first amended complaint was an inadvertent error which plaintiff prays he will be allowed to correct). 3. The plaintiff initiated this action by filing a complaint on October 25, 1999. In that complaint , the plaintiff alleged that his personal and legal property was destroyed by defendant O'Connor in January of 1998 while he was temporarily confined-at SCI Camp Hill. 4. On June 23, 2003, the defendants filed their amended answer to the plaintiff's complaint. 5. On September 24, 2004, plaintiff wrote a letter to the defendants former counsel, John Talaber, seeking agreement: to amend his original complaint so that he may conform the pleadings to the evidence offered or admitted, in which former counsel Talaber agreed. 6. On October 6, 2004, upon consideration of the parties joint motion to withdraw their Motions for Summary Judgment, the plaintiff was granted leave to file an amended complaint on or before October 31, 2004. 7. On December 3, 2004, plaintiff filed his first amended complaint with the court, in which plaintiff reasserted all of the claims raised in his original complaint as well as the issue of the defendants violating his rights to religious freedom. However contrary to the defendants assertion that this religious issue is a new claim, this issue actually relates back and conforms to the evidence offered or admitted. 8. Plaintiff object and opposes the defendants preliminary objections at I. 7 (a) thru (f), STATUTE OF LIMITATIONS, and avers the following in support thereof: 9. the statute of limitations are not applicable as they pertain to plaintiff's claims of violations of his religious freedom where there was a clear agreement between the plaintiff and the defendants former counsel, John Talaber, to allow plaintiff to amend his original complaint to conform the pleadings to the evidence offered or admitted; and the evidence clearly shows that the defendants intentionally, maliciously and negligently destroyed 66 religious books, belonging to plaintiff, with reckless disregard for plaintiff's religious beliefs and customs. (See Confiscated Items Receipt DC-154A No. 927300) attached to plaintiff's first amended complaint and marked as exhibit 7-B. In addition this is a genuine issue of material fact,in dispute which should be decided by a jury. WHEREFORE, the plaintiff request that the defendants preliminary objections be denied and this case be allowed to proceed to trial. 10. Plaintiff object and opposes the defendants.preliminary objections at II. 8 (a) thru (e), LACK OF CONFORMITY WITH AGREEMENT OF COUNSEL, and avers the following in support thereof: 11. When former counsel for the defendants (John Talaber) consented to the filing of the plaintiff's first amended complaint, he did consent to plaintiff conforming the pleadings, of his original complaint, to the evidence offered or admitted. 12. The addition of plaintiff's religious freedom claim is not contrary to the agreement with the defendants former counsel, in fact considering the evidence offered or admitted this,claim is well within the confines of that agreement. The evidence offered or admitted, in the case at bar, clearly establish that the defendants intentionally, maliciously and negligently destroyed 66 religious books, belonging to plaintiff, with reckless disregard for plaintiff's religious beliefs and customs. 13. In his letter to Attorney Talaber, dated September 24, 2004, the plaintiff did indicate that he wanted to amend the original complaint to conform the pleadings to the evidence offered or admitted and counsel agreed. WHEREFORE, the plaintiff request that the defendants preliminary objections be denied and this case be allowed to proceed to trial. 14. Plaintiff object and opposes the defendants; preliminary objections at III. 9 (a) thru (e), DEMURRER, and avers the £dllowing in support thereof: 15. The defendants are not immune from suit for being negligent in the handling of the plaintiff's personal, religious and legal property, under the sovereign immunity statute, 42 Pa.C.S.§ 8522 (a). 16. The commonwealth and it's agencies are immune from suit except where the General Assembly specifically waives immunity, 1 Pa.C.S.§ 2310; 42 Pa. C.S.§ 8521, See: Crockett v. Edinboro University, 811 A.2d 1094, 1095 (Pa. Cmwith. 2002), to this [t)he legislature specifically waived sovereign immunity in nine areas pursuant to Section 8522 (b) of the judicial code, 42, Pa. C.S.§ 8522. 17. Within these nine areas is one that controls the case at bar, 42 Pa. C.S.§ 8522 (b) (3). This sub-section states in part that [t]he General Assembly does hereby waive sovereign immunity as a bar to an action against Commonwealth parties, for damages arising out of a negligent act caused be [t)he care, custody, or control of personal property in the possession or control of Commonwealth parties, including property of persons held by a Commonwealth agency. This statute has also been recognized numerous times by the Federal District Courts as the only state tort post-deprivational remedy for prison officials unlawful deprivation of an inmates property. Payton V. Horn, 49 F. Supp 2d 791, 795 (E.D. Pa. 1999). and cases cited. 18. The General Assembly has waived sovereign immunity for Commonwealth parties in limited cases. 42 Pa.C.S. § 8522. The General Assembly has defined a Commonwealth party as a "Commonwealth agency and any employee thereof, but only with respect to an act within the scope of his office or employment." 42 Pa.C.S. § 8501. 19. Furthermore, the Supreme Court of Pennsylvania has determined that sovereign immunity does not apply to "government entities other than the Commonwealth itself", and that government entities may not avoid suit simply due to their governmental nature. 735 A.2d 1256, 558 Pa. 170, Tork-Hiis v. Com.,(Pa. 1999) citing Specter v. Commonwealth , 462 Pa. 474, 341 A.2d 481, 482 (1975). Implicit in this premise is the distinction between the Commonwealth and its numerous subdivisions. The defendants in the case at bar are parties of the Commonwealth and therefore they are not immune from suit under the circumstances pertaining to the case at bar. Wherefore, the Plaintiff prays that the defendants Preliminary Objections be denied and that this action be allowed to proceed. Respectfully submitted, rone Betrand, AM-4329,pro se S.C.I. Fayette P.O. Box 9999 LaBelle, Pa 15450-1050 July 1, 2005 In The Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Civil Trial Division § Tyrone Betrand § Civil, Action No. 99-6452 Plaintiff § V. § (Judge Edgar B. Bayley) Superintendent Kenneth Kyler, et al,§ Defendants § § CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Exception/Objections to the Defendants Preliminary Objections upon the person(s) and in the manner indicated below: Service by first-class mail addressed as follows: Curtis R. Long, Prothonotary, Cumberland County One Courthouse Square Carlisle, Pa 17013 Y Dated: July 1, 2005 Raymond W. Dorian Assistant Counsel Office of Chief Counsel 55 Utley Drive Camp Hill, Pa 17011 ?L' ZZL?--- ne Betrand, AM-4329 S.C.I. Fayette P.O. Boat 9999 LaBelle, Pa 15450-1050 C- / ?x (??-e?? C? o O u+ ? N r. C ?. C7 rn " - 7 Lr. In The Commonwealth of Pennsylvania Court of Common Pleas Cumberland County Civil Trial Division § Tyrone Betrand § Civil Action No. 99-6452 Plaintiff § V. § (Judge Edgar B. Bayley) Superintendent Kenneth Kyler, et al,§ Defendants § CERTIFICATE.,OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Memorandum of Law in Support of Plaintiff's Exception/objections to the Defendants Preliminary objections upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Curtis R. Long, Prothonotary, Cumberland County One Courthouse Square Carlisle, Pa 17013 NY ?I=x Dated: July 1, 2005 Raymond W. Dorian Assistant Counsel Office of Chief Counsel 55 Utley Drive Camp Hill, Pa 17011 ne Betrand, AM-4329 S.C.I. Fayette P.O. Box 9999 LaBelle, Pa 15450-1050 rn ,? i 'tt J? ` _ 11? ? . _`.T??. r?• LYl ) L c , _ ? T t=. T ?1 a J? `C L. JW HOLLY L. HOUSEL, formerly HOLLY L DONSBACH, Plaintiff vs. KEVIN P. SHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to modify its last order in this matter, based upon the following: 1. The Petitioner herein is the Defendant. He resides at 96 Jack Pine Hill Road in Millerstown, Perry County, Pennsylvania. 2. The Respondent herein is the Plaintiff, Holly L. Housel, who resides at 312 West Maple Street in Shiremanstown, Cumberland County, Pennsylvania. 3. The parties are the parents of one minor daughter, Alana C. Shary, now 16 years of age, born 31 May 1990. The child currently resides in the primary physical custody of the Plaintiff. 4. In previous orders in this action, primary physical custody of the child has been shared by the parties, was awarded to Defendant and then was awarded to Plaintiff. 5. The child attends Trinity High School and so her residence, at least for purposes of school attendance, is not critical. 6. Defendant enjoys a close parent-child relationship with his daughter and wishes to be awarded primary physical custody of the child. He believes such an award will be in the child's best interests for several reasons, which include the following: a. Defendant believes that he is better able to provide for the child's personal, emotional, and related needs; and b. Disputes and difficulties have arisen between the child and the Plaintiff which cause the Defendant to believe that the child shall reside primarily in his custody; and c. The child has expressed a strong preference to reside with Defendant. S, WHEREFORE, Defendant [rays this court to modify its order of 25 July 2005 to award him primary physical custody of the parties' child, Alana C. Shary, born 31 May 1990. ?L-CL?,?s Samuel L. AWdes Attorney for Defendant Supreme Court ID # 17225 525 North 122'' Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Petition are true and correct. 1 understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 27 -d KEVIN P. SHARY HOLLY L. DONSBACH, ) Plaintiff 1 VS. ) KEVIN P. SHAKY, ) Defendant 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 IN CUSTODY ORDER OF COURT AND NOW this -Zr 'day of , 2005, upon consideration of the attached Stipulation, we hereby vacate the prior orders in this action and replace them with the following: 1. The parties will continue to share legal custody, as defined by the law of Pennsylvania and with all rights incident to legal custody, of their child, Alana Shary, born May 31, 1990, and shall cooperate to exchange information, consult with each other, and make mutual decisions in the best interests of the child. 2. Holly L. Donsbach shall continue to have primary physical custody of the said child. The schedule of temporary custody for Kevin P. Shary is hereby suspended. He shall have such periods of visitation and temporary custody as he an.d the child may arrange or as we may order by subsequent order. Either party may petition this Court at any time to set a schedulgAf custody with the child. TRUE Cf PY FROM RECORD in Testim ny wir,rE'of, I hi-r- unto set my hand BY THE C RT, nnW-Ne al of sJ Comet aACq?lisle, Pa. R pt-, m Prothbnot' 01 DISTRIBUTION: Mark D. Johns, Attorney for Plaintiff, P.O. Box 832, Horsham, PA 1904 Samuel L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, PA 17043 J. HOLLY L. DONSBACH, Plaintiff VS. KEVIN P. SHARP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4295 IN CUSTODY STIPULATION AND NOW come the above-named parties, with their attorneys, and stipulate and agree that the attached order may be entered by the Court to resolve the issues raised by the Plaintiff's Emergency Motion to Modify Custody. oliVIL Donsba Mark D. ns Attor for Holly L. Donsbach s f z ?( flf f °ei J N Kevi P. Shary Sa L. Andes Attorney for Kevin P. Shary t?.'?. a. ?.s';y ? ?4 ??1 °"*-? HOLLY L. HOUSEL, FORMERLY HOLLY L. IN THE COURT OF COMMON PLEAS OF DONSBACH PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN P. SHARY DEFENDANT 99-4295 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 10, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at-----39 West Main Street, Mechanicsburg, PA 17055 on Thursday, May 10, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a;e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR 'T'ELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 V(o a- al. Al /0-61 4? ?r1 ?Arn j?+, ftit `tis ? H :Z Pd 0 1 LIC LOOZ HOLLY L. HOUSEL, FORMERLY, HOLLY L. DONSBACH Plaintiff VS. KEVIN P. SHARY Defendant JUN 04 2007 yY' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of 2007, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of this Court dated July 25, 2005 is modified and replaced with this Order. 2. The Mother, Holly L. Housel, and the Father, Kevin P. Shary, shall have shared legal custody of Alana C. Shary, born May 31, 1990. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. 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 Child 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. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by statute. 3. The parties shall share having physical custody of the Child with the specific times and dates for exchanges to be arranged by agreement. 7 4. The parties shall share having custody of the Child on holidays as arranged by agreement. L 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, September 18, 2007 at 9:00 a.m. cc: p A. Davidson, Esquire - Counsel for Mother uel L. Andes, Esquire - Counsel for Father Edward E. Guido J Z .Z1 lADZ ?Y+ HOLLY L. HOUSEL, FORMERLY HOLLY L. DONSBACH Plaintiff VS. KEVIN P. SHARY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-4295 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alana C. Shary May 31, 1990 Mother 2. A custody conciliation conference was held on May 29, 2007 with the following individuals in attendance: the Mother, Holly L. Housel (formerly Donsbach), with her counsel, John A. Davidson, Esquire, and the Father, Kevin P. Shary, with his counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. y)'1 i 3o , ©v 7 ' -l- C---L ' Date Dawn 9. -Sunday, Esquire Custody Conciliator 1014M HOLLY L. HOUSEL, formerly HOLLY L. DONSBAUGH Plaintiff vs. KEVIN P. SHARY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 994295 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 7th day of September, 2007 , the conciliator, being advised by the parties that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for September 18, 2007, is cancelled. FOR THE COURT, ?21 - Dawn S. Sunday, Esquire Custody Conciliator ,VtN,41m UAI LZ ;6 9V B 1 83S ,i 40 x?l