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HomeMy WebLinkAbout99-05826I ?.: !?! ) ; 1;rJC/U THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99-5826 RACHEL S. PALLIS, Defendant IN CUSTODY ORDER OF COURT AND NOW. this 10th day of November, 1999, the Conciliator, being advised by counsel that jurisdiction in this case has been transferred to Massachusetts, hereby relinquishes jurisdiction in this case. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator .. ,, ?. -.:. ? . __ ?-., ? ' ?; , . "- ;: _..: ,. ... , ?, <_ THOMAS E. PALLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-5826 CIVIL RACHEL S. PALLIS, Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, this / 9 ¢ day of October, 1999, after hearing, we make the following findings of fact with regard to jurisdiction in this case. 1. This matter involves custody of two children: Rowan G. Pallis, age 3 years, born February 7, 1996; and Jack T. Pallis, age 5 months, born May 2, 1999. The children are presently in the custody of their father, the petitioner, who resides at 33 Abbey Court, Carlisle, Cumberland County, Pennsylvania. Residing with the children is their paternal grandmother, Pam Saylor. 2. The instant custody complaint was filed on or about September 21, 1999. On September 23, 1999, a divorce complaint was filed in the Hampden County, Massachusetts Probate and Family Court, docket number 99132709, which contained counts related to custody. The Massachusetts divorce action was subsequently dismissed, the court finding that the plaintiff had not met the one-year residency requirement. 3. On September 30, 1999, a custody petition was filed in the same Hampden County Probate Court at docket number 99D2744. The Massachusetts court has made no final ruling with respect to its jurisdiction in the custody case. This court has, in the meantime, entered a temporary partial custody order to give the mother the opportunity to see her children. FiLEO CrFri_ OTARY 99 nri 19 AN 11: 52 CUMb'?'r'u?dtiu CC;;iJTY PEWYLI ANA A 4. The parties hereto were married in August of 1993. The plaintiffs military service took him to Santiago County, California, where Rowan was born in 1996. 5. In April of 1996 the parties went to live in Waukegan, Illinois, where they resided when the plaintiff left the military in May of 1998. 6. Eventually, the plaintiff, though wishing to return to Pennsylvania, accepted a position with his current employer in Massachusetts at the end of January 1999. On February 8, 1999, the parties leased and occupied an apartment in Holyoke, Massachusetts, whereafter the parties resided together as a family until the middle of September 1999. 7. While living in Massachusetts, the children traveled with their parents or other family members to New Jersey and Pennsylvania primarily for the purpose of visiting relatives. 8. On September 14, 1999, the mother was admitted to the psychiatric inpatient unit at the Holyoke Hospital in Holyoke, Massachusetts. The mother had a long history of depression which she links to unhappiness in the marriage. The plaintiff, father, visited the defendant, mother, in the hospital and they discussed a trial separation. At the same time, the plaintiff, without the knowledge of the defendant, had rented a U-haul and packed it with many of the parties' belongings. 9. The plaintiff, again without the defendant's knowledge, then left Massachusetts on or about September 20, 1999. He filed this custody action one day after his arrival in Pennsylvania. 10. The father, by virtue of his military status, maintained Pennsylvania as his permanent residence even though he was, for many years, domiciled elsewhere. The mother considers herself a resident of Massachusetts. She intends to stay there during the pendency of any custody litigation and has indicated that she will abide by the decisions of the Massachusetts courts with regard to custody in the event that she should attempt to relocate. Based on foregoing factual findings, this court is satisfied that Massachusetts is the "home state" of the children as that term is defined in the Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. 5341 et seq., M.G.L.A.c.20913, Sections 1 - 14. We are satisfied, moreover, that the children are absent from Massachusetts because of their removal by a person claiming custody and that a parent continues to live in Massachusetts. The governing section in this Commonwealth is found at 23 Pa.C.S.A. 5344 and we assume that the language of the corresponding Massachusetts statute is identical. It reads: Section 5344. Jurisdiction (a) General Rule.- A court of this Commonwealth which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if: (1) this Commonwealth: (ii) has been the home state of the child within six months before commencement of the proceeding and the child is absent from this Commonwealth because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this Commonwealth;.... It is strongly suggested that Massachusetts is the appropriate forum in which this case ought to be heard. Accordingly, we enter the following order. ()1W AND NOW, this 4 day of October, 1999, after hearing, pursuant to 23 Pa.C.S.A. 5347, Simultaneous proceedings in other states, further proceeding in this matter is stayed pending the acceptance or declining ofjurisdiction over this matter by the Probate and Family Court in and f'or I lumpden County, Massachusetts. BY TI Its COURT. Tara A. Wempe, Esquire For the Plaintiff Carol Lindsay. [,squire For the Defendant Am THOMAS E. PALLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW RACHEL S. PALLIS, 99-5826 CIVIL Defendant CUSTODY ORDER AND NOW, this 16 ~ day of October, 1999, the court having stayed further hearing in this matter pending a decision by the Family Court of Hampden County, Massachusetts, with respect to their assuming jurisdiction of this case and the court being further satisfied that it is in the best interest of both children to have liberal contact with both parents, temporary physical custody of the children is awarded to their mother, effective immediately. The defendant, mother, is ordered and directed to return said children to the plaintiff, father, at the Lehigh Valley Mall on Sunday, October 24, 1999, at 4:00 p.m., the children to thereafter remain in the custody of their father pending further order. BY THE COURT, Tara Wempe, Esquire For the Plaintiff Carol Lindsay, Esquire For the Defendant A4 Kevi . Hess, J. :rlm { 1'h V ? m U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /RNNANDROMINSON THOMAS E. PALLIS, Plaintiff vi. RACHEL S. PALLIS, Defendant AND NOW, this _ day of 1999, the Court does hereby exercise jurisdiction over the minor children, Rowan Geraldine Pallis and Jack Thomas Pallis, until further Order of Court. NO. 99-5826 CIVIL ACTION - LAW CHILD CUSTODY ORDER BY THE COURT: J. P.O. BOX 5185 135 N. GEORGE ST SUITE 303 YORK, PA 17405-5185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. PALLIS, NO. 99-5826 Plaintiff ¦[NNANDNOBINSON ii V. RACHEL S. PALLIS, CIVIL ACTION - LAW Defendant CHILD CUSTODY e oh To AssurIif, ,)L&Yi sd ic-+; or. The Petition of Thomas E. Pallis respectfully represents: 1. That a Petition for Emergency Relief was previously filed on behalf of the Plaintiff with Your Honorable Court. 2. That a Motion for Temporary Order was filed on behalf of the Defendant with the Hampden Division of the Probate and Family Court of Springfield, Massachusetts, seeking physical and legal custody of the minor children, Rowan Geraldine Pallis, date of birth February 7, 1996, and Jack Thomas Pallis, date of birth May 2, 1999, alimony and support. 3. That a hearing was scheduled for September 28, 1999, before Justice Marie Lyons. 4. That on September 28, 1999, at approximately 11:00 a.m., Justice Marie Lyons entered an order in which she denied and/or declined jurisdiction over the minor children. 5. That Mark I. Berson, Esquire, appeared at the September 28, 1999 hearing on behalf of the Plaintiff, and prepared an Affidavit setting forth the above facts, a P.O. BOX 5185 135 N. GEORGE ST SUITE 303 YORK, PA 17405-5185 copy of which is attached hereto and made a part hereof, and marked as "Exhibit A.° 6. That, as a result of Justice Lyons' order, no Court has elected to exercise RRNNANORORIN{OM II jurisdiction over the minor children. WHEREFORE, Plaintiff requests that the Court of Common Pleas of Cumberland County exercise jurisdiction over the minor children. Respectfully submitted, BENN AND ROB1NS01 "ra A. Wempe, Esquire Attorney I.D. # 82280 P.O. Box 5185 135 N. George St., Suite 303 York, Pennsylvania 17405-5185 (717) 852-7020 P.O. BOX 5185 135 N. GEORGE ST. SUITE 303 YORK, PA 17405-5185 09/28/1999 12:07 4137745187 LEVY WINER PAGE 03 THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION • LAW :NO. 99.5826 :CUSTODY ATTORNEY'S AFFIDAVIT My name is Mark I. Berson. 2. I am a member of the Bar of the Commonwealth of Massachusetts. 3. I was admitted to the Bar in November, 1968. 4. My Bar number is 041660. 5. On September 28, 1999, I appeared specially before the Hampden Division of the Probate and Family Court, which is located dt Springfield, Massachusetts in behalf of the Plaintiff herein. 6. The Defendant herein had filed a Complaint for divorce entitled Rachel Susan Pallis v. Thomas Fvanaelo P lia Docket No. 99D-2709. 7. Rachel S. Pallis was represented by Attorney Robert Sacco of Holyoke, Massachusetts. 8. Attorney Sacco submitted a Motion for Temporary Orders seeking the physical and legal custody of the minor children, alimony and child support. 9. I raised the jurisdictional issue because the parties had not resided in Massachusetts for a year or more. W. The parties moved to Massachusetts in February, 1999. 11. At approximately 11:00 A.M., Justice Marie Lyons denied and/or declined jurisdiction. "Exhibit A" 09/28/1999 12:07 4137745187 LEVY WINER PAGE 04 i2. Justice Lyons can be contacted at 50 State Street, P.O. Box 559, Springfield, MA 01102.0559, or telephoned at the Judges Lobby (413) 748-7772. This statement is provided under the pains and penalties of petjury this 28th day of September, 1999. Mark 1. Bersofy E4quire BBO# 041660 Levy.Winer, P.C. P.O. Box 1538 One Federal Street Cireenfield, MA 01302-1538 Tel: (413) 774-3741 2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant NO. 99-5826 CIVIL ACTION - LAW CHILD CUSTODY CERTIFICATE OF SERVICE I, Tara A. Wempe, Esquire, hereby certify that I have on this 2e day of September, 1999, served a true and correct copy of the foregoing Petition by hand delivery, on the following person, addressed as follows: Carol J. Lindsay, Esquire 11 E. High Street Carlisle, Pennsylvania 17013-3016 Respectfully submitted, BENN AND R BI O Tara A. Wempe, Esq Attorney ID #82280 P.O. Box 5185 135 N. George Street, Suite 303 York, PA 174055185 (717) 852-7020 P.O. BOX 5185 135 N. GEORGE ST SUITE 303 YORK, PA 17405-5185 R Z d3S F 4 N d ?o az M D 4 t'-' _ m Z O 0 ? °? d z u H a H ° a O ? ? ° m z o 2: z a >4 D 04?i Uaz W °i z 0 ° F to z as Q 44 w 0a u o Ln z 2 >4 o N a 4 U i Z auz x a ° W U m uOW E a U U z C-) ,^ it C ut n fl .I ." p a J' C : . THOMAS E. PALLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION-LAW RACHEL S. PALLIS, 99-5826 CIVIL Defendant CUSTODY IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER AND NOW, this day of October, 1999, a hearing on the above captioned petition is set for Monday, October 18, 1999, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Niles Bern, Esquire For the Plaintiff Carol Lindsay, Esquire For the Defendant :rlm BY THE COURT, j1` ? =? ,.,,?s:?,?.a ?u?r. i, is9y LYON, FERRITER & FITZPATRICK , LLP ATTORNEYS AND COUNSELORS AT LAW CLAREER. LYON WIIMFY N ACF. TEIxPRUn (413) 536 4000 MAORICE J. PP.RRITER . 0.MMM D. MWATRICE 14 BOBALA ROAn FA(19IRILE (413) 5.16J773 JANET F. 1)ONNELLY 1101.YOFE, MAISSAC11l1.YETTS 1111140 PETER C. CAMOR roar ft JOHN J. YERMER WILLIAM E. BEGLEY PRIRCMU PIRELLI (MERCY ROBP.Rr C. RA(Y:() RORYN ANDREA PORTER' BY FACSIMILE (717) 240-6573 September 24, 1999 Prothomotary Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: Thomas E. Pallis Rachel S. Pallis Civil Action - Law No. 99-5826 Our File No. 7339 Dear Sir/Madam: Please forward this letter to the Honorable Judge handling the above-referred to matter. Please be advised that I am Massachusetts counsel to Rachel S. Pallis in reference to her domestic relations matters in Massachusetts. Ms. Pallis was served on September 22, 1999 With a copy of the Petition for Special Relief. We are currently in the process of obtaining Pennsylvania counsel to object to both the Petition and the jurisdiction of the Pennsylvania court. The Plaintiff and the two minor children have lived in Massachusetts since January/February 1999. Pursuant to 28 U.S.C.A. § 1738A and the Pennsylvania Divorce Code 23"5341 et. seq. Jurisdiction of this matter lies with the Massachusetts courts. It would be appreciated if any hearing on this matter could be scheduled with notice to Attorney Carol Lindsay, 11 East High Street, Carlisle, PA, Ms. Pallis' Pennsylvania counsel. Otherwise, it would be appreciate if the Court would give notice to this office. Prothomotary Office Cumberland County Courthouse Page 2 September 24, 1999 If you have any questions, please feel free to contact me. Very truly yours, Robert C. Sacco cc-Ms. Rachel S. Pallis Andrea C. Jacobsen, Esc. (By Fay. 717-249-8427 Carol Lindsay, Esq. LYON, FERRITER & FITZPATRICK, LLP ATTORNEYS AND COUNSELORS AT LAW MIMEY PUCE 14 EOEALA EOAO HOLYOKE.N MCIIVSE 01040 Prothomotar y Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 1TG13-3294 G2 In111111.III.nnillnllu?11n.11J11 n.1n 111nu11111 u111 1. i i. t, i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IINNANONOIIN/ON THOMAS E. PALLIS, Plaintiff vi. NO. 99-5826 RACHEL S. PALLIS, Defendant CIVIL ACTION - LAW CHILD CUSTODY BOX 5185 N. GEORGE ST. 'E 303 K. PA 17405-5185 ORDER AND NOW, this _ day of 1999, the Court does hereby exercise jurisdiction over the minor children, Rowan Geraldine Pallis and Jack Thomas Pallis, until further Order of Court. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. PALLIS, NO. 99-5826 Plaintiff NINNANDRONINSON II V. RACHEL S. PALLIS, CIVIL ACTION - LAW Defendant CHILD CUSTODY The Petition of Thomas E. Pallis respectfully represents: 1. That a Petition for Emergency Relief was previously filed on behalf of the Plaintiff with Your Honorable Court. 2. That a Motion for Temporary Omer was filed on behalf of the Defendant with the Hampden Division of the Probate and Family Court of Springfield, Massachusetts, seeking physical and legal custody of the minor children, Rowan Geraldine Pallis, date of birth February 7, 1996, and Jack Thomas Pallis, date of birth May 2, 1999, alimony and support. 3. That a hearing was scheduled for September 28, 1999, before Justice Marie Lyons. 4. That on September 28, 1999, at approximately 11:00 a.m., Justice Marie Lyons entered an order in which she denied and/or declined jurisdiction over the minor children. 5. That Mark I. Berson, Esquire, appeared at the September 28, 1999 hearing on behalf of the Plaintiff, and prepared an Affidavit setting forth the above fads, a '.0. BOX 5185 35 N. GEORGE ST. UITE 303 PA 17405-5185 copy of which is attached hereto and made a part hereof, and marked as "Exhibit A! 6. That, as a result of Justice Lyons' order, no Court has elected to exercise 11 jurisdiction over the minor children. DlNNANONO/IN/ON WHEREFORE, Plaintiff requests that the Court of Common Pleas of Cumberland County exercise jurisdiction over the minor children. Respectfully submitted, BENN AND ROBINS01 bra A. Wempe, Esquire Attorney I.D. # 82280 P.O. Box 5185 135 N. George St., Suite 303 York, Pennsylvania 17405-5185 (717) 652-7020 BOX 5185 35 N. GEORGE ST. JITE 303 ARK. PA 17405-5185 09/28/1999 12:07 4137745187 LEVY WINER RAGE 03 THOMAS E. PALLIS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :NO. 99-5826 RACHEL S. PALLIS, Defendant :CUSTODY &ITORNEMa AFFIDAVIT 1. My name is Mark I. Berson. 2. IT am a member of the Bar of the Commonwealth of Massachusetts. 3. 1 was admitted to the Bar in November, 1968. ^. My Bar number is 041660, 5. On September 28, 1999, I appeazcd specially before the Hampden Division of the Probate and Family Court, which is located at Springfield, Massachusetts in behalf of the Plaintiff herein. 6. The Defendant herein had filed a Complaint for divorce entitled En ti I Sum Pallis_ Th4mM Evanaeln !gh Docket No. 99D-2709. 7. Rachel S. Pallis was represented by Attomey Robert Sacco of Holyoke, Massachusetts. 8. Attorney Sacco submitted a Motion for Temporary Orders seeking the physical and legal custody of the minor children, alimony and child support. 9. I raised the jurisdictional issue because the parties had not resided in Massachusetts for a year or more. 10. The parties moved to Massachusetts in February, 1999. 11. At approximately 11:00 A.M., Justice Marie Lyons denied and/or declined jurisdiction. "Exhibit A" 09/28/1993 12:07 4137745187 LEVY WINER • PAGE 04 U. Justice Lyons can be contacted at 50 State Street, P.O. Box 559, Springfield, MA 01102-0559, or telephoned at the Judges Lobby (413) 748-7772. This statement is provided under the pains and penalties of perjury this 28th day of September, 1999. 1 A Mark I. Bersofi Efquire BBO# 041660 Levy.Winer, P.c. P.O. Box 1538 One Federal Street Greenfield, MA 01302-1538 Tel: (413) 774-3741 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. PALLIS, NO. 99-6826 Plaintiff 611NNAN011ONINNON I V. RACHEL S. PALLIS, CIVIL ACTION - LAW Defendant CHILD CUSTODY CERTIFICATE OF SERVICE 1, Tara A. Wempe, Esquire, hereby certify that I have on this 29th day of September, 1999, served a true and correct copy of the foregoing Petition by hand delivery, on the following person, addressed as follows: Carol J. Lindsay, Esquire 11 E. High Street Carlisle, Pennsylvania 17013-3016 submitted, Tara A. Wempe, EsgEb6 U Attorney ID #82280 P.O. Box 5185 135 N. George Street, Suite 303 York, PA 17405-5185 (717) 852-7020 10. BOX 5185 35 N. GEORGE ST. UITE 303 )RK. PA 17405-5185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENNANDR08INSON THOMAS E. PALLIS, Plaintiff vi. RACHEL S. PALLIS, Defendant AND NOW, this _ day of 1999, the Court does hereby exercise jurisdiction over the minor children, Rowan Geraldine Pallis and Jack Thomas Pallis, until further Order of Court. NO. 99-5826 CIVIL ACTION - LAW CHILD CUSTODY ORDER BY THE COURT: J. BOX 5185 N. GEORGE ST E 303 K. PA 17405-5185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. PALLIS, Plaintiff V. Box 5185 N.GEORGEST. 'E 303 K, PA 174055185 RACHEL S. PALLIS, Defendant NO. 99-5826 CIVIL ACTION - LAW CHILD CUSTODY o r\ -to XsS ("'rvk' 2. 3. 4. 5. The Petition of Thomas E. Pallis respectfully 1'Lr k sd; c-. oY\ That a Petition for Emergency Relief was previously filed on behalf of the Plaintiff with Your Honorable Court. That a Motion for Temporary Order was filed on behalf of the Defendant with the Hampden Division of the Probate and Family Court of Springfield, Massachusetts, seeking physical and legal custody of the minor children, Rowan Geraldine Pallis, date of birth February 7, 1996, and Jack Thomas Pallis, date of birth May 2, 1999, alimony and support. That a hearing was scheduled for September 28, 1999, before Justice Marie Lyons. That on September 28, 1999, at approximately 11:00 a.m., Justice Marie Lyons entered an order in which she denied and/or declined jurisdiction over the minor children. That Mark 1. Berson, Esquire, appeared at the September 28, 1999 hearing on behalf of the Plaintiff, and prepared an Affidavit setting forth the above facts, a COPY of which is attached hereto and made a part hereof, and marked as "Exhibit A.° 6. That, as a result of Justice Lyons' order, no Court has elected to exercise 61NNANOIIOBINSON ?1 jurisdiction over the minor children. WHEREFORE, Plaintiff requests that the Court of Common Pleas of Cumberland County exercise jurisdiction over the minor children. 0. BOX 5185 35 N. GEORGE ST. UITE 303 Attorney I.D. # 82280 P.O. Box 5185 St., Suite 303 ania 17405-5185 PA 17405-5185 Respectfully submitted, 09/28/1999 12:07 4137745187 THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant LEVY WINEP PAGE 03 :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 99-5826 :CUSTODY ATTORNEY'S AFFIAAVIT 1. My name is Mark I. Berson. 2. I am a member of the Bar of the Commonwealth of Massachusetts. 3. 1 was admitted to the Bar in November, 1968. 4. My Bar number is 041660. 5. On September 28, 1999, I appeared specially before the Hampden Division of the Probate and Family Court, which is located at Springfield, Massachusetts in behalf of the Plaintiff herein. 6. The Defendant herein had filed a Complaint for divorce entitled Rachel Susan Pallis v. Thomas Evanaelo P Iis. Docket No. 99D-2709. 7. Rachel S. Pallis was represented by Attorney Robert Sacco of Holyoke, Massachusetts. 9. Attorney Sacco submitted a Motion for Temporary Orders seeking the physical and legal custody of the minor children, alimony and child support. 9. I raised the jurisdictional issue because the parties had not resided in Massachusetts for a year or more. W. The parties moved to Massachusetts in February, 1999. 11. At approximately 11:00 A.M., Justice Marie Lyons denied and/or declined jurisdiction. "Exhibit A" 09/28/1999 12:07 4137745187 LEVY WINEP PAGE Oa i2. Justice Lyons can be contacted at 50 State Street, P.O. Box 559, Springfield, MA 0 1 1 02-05 59, or telephoned at the Judges Lobby (413) 748-7772. This statement is provided under the pains and penalties of perjury this 28th day of September, 1999. Mark I. Bersoli b4quire BBO# 041660 Levy. Winer, P.C. P.O. Box 1538 One Federal Street Greenfield, MA 01302-1538 Tel: (413) 774-3741 .2. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NNNNRNONONINNON THOMAS E. PALLIS, Plaintiff NO. 99-6826 V. RACHEL S. PALLIS, Defendant CIVIL ACTION - LAW CHILD CUSTODY CERTIFICATE OF SERVICE I, Tara A. Wempe, Esquire, hereby certify that I have on this 29M day of September, 1999, served a true and correct copy of the foregoing Petition by hand delivery, on the following person, addressed as follows: Carol J. Lindsay, Esquire 11 E. High Street Carlisle, Pennsylvania 17013-3016 Respectfully submitted, BENN AND RORints01 Tara A. Wempe, Esgt'66 ?J Attorney ID #82280 P.O. Box 5185 135 N. George Street, Suite 303 York, PA 17405-5185 (717) 852-7020 ?O. BOX 5185 35 N. GEORGE ST. ,UITE 303 ORK, PA 17405-5185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS E. PALLIS, NO. 99-5826 Plaintiff ¦INNANONOOINSON vi. RACHEL S. PALLIS, CIVIL ACTION - LAW Defendant CHILD CUSTODY RDE AND NOW, this _ day of 1999, the Court does hereby exercise jurisdiction over the minor children, Rowan Geraldine Pallis and Jack Thomas Pallis, until further Order of Court. BY THE COURT: J. 0. BOX 5185 35 N. GEORGE ST UITE 303 ARK, PA 17405-5185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA URNMANDNOMINION BOX 5185 35 N. GEORGE ST. UITE 303 THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant The Petition of 1 • That a Petition for Emergency Relief was previously filed on behalf of the Plaintiff with Your Honorable Court. 2. That a Motion for Temporary Order was filed on behalf of the Defendant with the Hampden Division of the Probate and Family Court of Springfield, Massachusetts, seeking physical and legal custody of the minor children, Rowan Geraldine PaCis, date of birth February 7, 1996, and Jack Thomas Pallis, date of birth May 2, 1999, alimony and support. 3. That a hearing was scheduled for September 28, 1999, before Justice Marie Lyons. 4. That on September 28, 1999, at approximately 11:00 a.m., Justice Marie Lyons entered an order in which she denied and/or declined jurisdiction over the minor children. 5. That Mark I. Berson, Esquire, appeared at the September 28, 1999 hearing on behalf of the Plaintiff, and prepared an Affidavit setting forth the above facts, a NO. 99-5826 CIVIL ACTION - LAW CHILD CUSTODY AI -hon le 45Surne JI.AYiSdt C 'ORK, PA 17405-5185 copy of which is attached hereto and made a part hereof, and marked as 'Exhibit A.° 6. That, as a result of Justice Lyons' order, no Court has elected to exercise NINMANDROMINSOM 11 jurisdiction over the minor children. WHEREFORE, Plaintiff requests that the Court of Common Pleas of Cumberland County exercise jurisdiction over the minor children. Respectfully submitted, BENN AND ROBI SON 7 ra A. WW empe, Esquire Attorney I.D. # 82280 C- P.O. Box 5185 135 N. George St., Suite 303 York, Pennsylvania 17405-5185 (717) 852-7020 BOX 5185 N. GEORGE ST 'E 303 K. PA 17405-5185 09/28/1999 12:07 4137745187 LEVY WIDER PAGE 03 THOMAS E. PALLIS, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :NO. 99-5826 RACHEL S. PALLIS, Defendant :CUSTODY ATTORNEY'S AFFIDAVIT My name is Mark I. Berson. 2. I am a member of the Bar of the Commonwealth of Massachusetts. 3. 1 was admitted to the Bar in November, 1968. 4. My Bar number is 041660. 5. On September 28, 1999, I appeared specially before the Hampden Division of the Probate and Family Court, which is located at Springfield, Massachusetts in behalf of the Plaintiff herein. 6. The Defendant herein had filed a Complaint for divorce entitled Rachel Susan Pallis v. Thomas Fvangelo Polito Docket No. 99D-2709. 7. Rachel S. Pallis was represented by Attorney Robert Sacco of Holyoke, Massachusetts. 8. Attorney Sacco submitted a Motion for Temporary Orders seeking the physical and legal custody of the minor children, alimony and child support. 9. 1 raised the jurisdictional issue because the parties had not resided in Massachusetts for a year or more. i0. The parties moved to Massachusetts in February, 1999. 11. At approximately 11:00 A.M., Justice Marie Lyons denied and/or declined jurisdiction. "Exhibit A" 09/28/1999 12:07 4137745187 LEVY WIDER PAGE 04 i2. Justice Lyons can be contacted at 50 State Street, P.O. Box 559, Springfield, MA 01102.0559, or telephoned at the Judges Lobby (413) 748-7772. This statement is provided under the pains and penalties of perjury this 28th day of September, 1999. Mark 1. BersK Ffquire BBO# 041660 Levy. Winer, P.C. P.O. Box 1538 One Federal Street Greenfield, MA 01302-1538 Tel: (413) 774-3741 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNKMANDMOMIM30M THOMAS E. PALLIS, Plaintiff NO. 99-6826 V. RACHEL S. PALLIS, Defendant CIVIL ACTION - LAW CHILD CUSTODY CERTIFICATE OF SERVICE I, Tare A. Wempe, Esquire, hereby certify that I have on this 29th day of September, 1999, served a true and correct copy of the foregoing Petition by hand delivery, on the following person, addressed as follows: Carol J. Lindsay, Esquire 11 E. High Street Carlisle, Pennsylvania 17013-3016 submitted, Tara A. Wempe, Esq jam- U Attorney ID #82280 P.O. Box 5185 135 N. George Street, Suite 303 York, PA 17405-5185 (717) 852-7020 ' O. BOX 5185 '.35 N. GEORGE ST. SUITE 303 'ORK. PA 17405-5185 pallis .... praecipe to enter October 5. 1999 THOMAS E. PALLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 99 - 5826 CIVIL TERM RACHEL S. PALLIS, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Please enter my appearance specially for the purpose of objecting to jurisdiction on behalf of the Defendant, Rachel S. Pallis. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Defendant Carlisle, PA 17013 (717) 243-5513 THOMAS E. PALLIS, Plaintiff Vs. RACHEL S. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACITON - LAW NO. 99-5826 IN CUSTODY CERTIFICATE OF SERVICE AND now, this day of 199, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, FLOWER 8, LINDSAY, P.C., Attorneys, hereby certify that I served the within Praecipe this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Niles Benn, Esquire BENN AND ROBINSON P.O. Box 5185 Suite 303 135 N. George Street York, PA 17405-5185 FLOWER, FLOWER & LINDSAY Attorneys for Defendant By rol J. Lindsay, Es ire I 4693 .49 11 East High Street Carlisle, PA 17013 (717) 243-5513 L U, C. cl- THOMAS E. PALLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RACHEL S. PALLIS, 99-5826 CIVIL Defendant CUSTODY ORDER AND NOW, this e day of October, 1999, following conference call with counsel for the parties, and after conferring with the Probate Family Court in and for Springfield, Massachusetts, reserving and without waiving defendant's right to later object as to jurisdiction in Pennsylvania as opposed to Massachusetts, it is ordered and directed that: 1. Defendant, Rachel Susan Pallis, shall have the children from Friday, October 1, 1999, at 7:00 p.m. to Monday, October 4, 1999, at 11:00 a.m.; 2. The parties shall meet at the Lehigh Valley Mall in Pennsylvania on Friday, October 1, 1999, at 7:00 p.m. for Rachel S. Pallis to pick up the children and the parties shall meet at the Lehigh Valley Mall in Pennsylvania on Monday, October 4, 1999, at 11:00 a.m., at which time Rachel S. Pallis shall drop off the children to Thomas E. Pallis. BY THE COURT, Niles Benn, Esquire For the Plaintiff Carol Lindsay, Esquire For the Defendant r... !?' r.-,? `/ i ?? ?• ? ?, .?. A 7 ? -. THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. RACHEL S. PALLIS, q9- sRd4 Defendant :CUSTODY RULE O SH W ('AUSE IN RE.- PLAINTIFF'S PFTITTON Fng S2EPTAT RF,,T TFF Amn AND NOW, this --__day of 1999, upon presentation and consideration of plaintiffs Petition for Special Relief, the following is hereby Ordered and Decreed: A Rule is issued upon defendant to show cause why the relief sought should not be granted. A hearing is set on the said Rule To Show Cause for the - day of , 1999, at - o'clock _.m. in Court Room No. - of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending hearing and further Order of Court, granting the parties shared legal custody of their children, Rowan G. Pallis, age 3, and Jack T. Pallis, age 4 months, and confirming the status quo and awarding primary physical custody of the children to father pending a full determination of the best interest of the children. BY THE COURT: J. THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. RACHEL S. PALLIS, Defendant N-- Spa(D :CUSTODY PETITION FOR SPECIAL 9P.T,IRP 1. Plaintiff (Father) is Thomas E. Pallis, who currently resides at 33 Abbey Court, Carlisle, County of Cumberland, Pennsylvania, 17013. 2. Defendant ( Mother) is Rachel S. Pallis, who is currently an inpatient at Holyoke Hospital, 575 Beech Street, Holyoke, Hampden County, Massachusetts, 01040. Her legal residence is 33 Abbey Court, Carlisle, County of Cumberland, Pennsylvania, 17013, with last known address at Holyoke, Hampden County, MA 01040. 3. Father has filed a petition this date seeking shared legal custody and primary physical custody of his two children, ROWAN G. PALLIS, born February 7, 1996, and JACK T. PALLIS, born May 2, 1999. 4. As set forth in father's Complaint, the children are presently with father in Cumberland County. Mother has been hospitalized since on or about September 14, 1999, when she admitted herself for psychiatric inpatient care to Holyoke Hospital, Holyoke, Massachusetts,on account of her depression and suicidal tendencies. 5. Prior to September 1999, the children had been traveling with their parents or other family members primarily back and forth from Holyoke, Massachusetts to New Jersey, Pennsylvania and Delaware and have not been in any one state a majority of the time for the last several months, since the younger child's birth in May, 1999. 6. Mother has a history of depression and attempts and threats of serious self-harm. She has threatened and attempted to obtain father's gun from his locked firearm case with the stated intention of suicide. She has received mental health treatment from psychiatrists, psychologists, and counselors, over the last few years in San Diego, California, and Great Lakes, Illinois, when father was stationed in those areas during his naval service. . 7. Mother has been taking psychotropic medication for her depression since the birth of her son in May, 1999, but prior to her current hospitalization has been refusing to seek therapy or other treatment. 8. Over the last several months, mother has exhibited signs of her depression and mental health problems which have interfered with her ability to care for herself and her children. She has had a lack of energy, has had difficulties with self-care, care of the home, and has been neglectful of the children's needs. She has engaged in self-destructive behavior including unlawful taking and unauthorized running up of debt on credit cards of third parties, and difficulties in employment situations. 9. Mother has reported to father frequent ruminations of suicide by running her vehicle off the road or into oncoming traffic. 10. Father fears that mother is presently in no condition to exercise physical custody of the children, and fears for the well-being of the children if they were to be in her care. 11. Mother has advised father that she intends to leave Massachusetts upon her discharge from the hospital and to exercise her right to physical custody of the children. WHEREFORE, plaintiff requests the Court to issue an Order: a) granting the parties shared legal custody of their children, Rowan G. Pallis, age 3, and Jack T. Pallis, age 4 months, and confirming the status quo and awarding primary physical custody of the children to father pending a full determination of the best interest of the children; and b) granting such further relief as this Court may deem proper and just. Respectfully submitted, By. An rea acobsen, Esq. JACOBS & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 Attorney No. 20952 I hereby verify that the statements made in the foregoing 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. Date: -- THOMAS E. PALLIS ? FL s .. ? C L ill fi a V THOMAS E. PALLIS, Vs. RACHEL S. PALLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5826 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT r AND now this d day of October, 1999, upon consideration of the within Answer and Counterclaim, a hearing is set on the issue of jurisdiction in the captioned case. Said hearing is joined with that previously scheduled for October 18, 1999, at 11:00 a.m. in Courtroom No.4 of the Courthouse at Carlisle, Pennsylvania. By the Court: J. cc. Niles Benn, Esquire -3/59 . Carol J. Lindsay, Esquire _, . -f'. C? ': 1 pallls .... ANSWER AND COUNTERCLAIM October 4, 1999 THOMAS E. PALLIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. RACHEL S. PALLIS, Defendant CIVIL ACTION - LAW NO. 99 - 5826 CIVIL TERM IN CUSTODY ANSWER AND COUNTER-CLAIM TO A PETITION FOR SPECIAL RELIEF NOW COMES Rachel S. Pallis, appearing specially to object to jurisdiction by and through her counsel, Flower, Flower & Lindsay, P.C., and files this Answer to an unstyled Petition filed on behalf of the Plaintiff by Benn and Robinson, Attorneys-at-Law, and a Counter-Claim as follows: 1. Admitted. By way of further answer, that Petition for Emergency Relief was filed by former counsel for Mr. Pallis, Andrea C. Jacobsen, Esquire. 2. Admitted. 3. Admitted. 4. After reasonable investigation, denied as stated. Upon information and belief, at the hearing scheduled for September 28, 1999, Justice Lyons was presented with an objection to jurisdiction based on the fact that the parties in the Massachusetts action had not been residence of Massachusetts for a period of one year, the jurisdictional requirement for the entry of a Decree in Divorce. The custody action was filed derivative of the divorce action, although Massachusetts is a signatory to the Act which establishes jurisdiction for custody at six months residence in the Commonwealth of Massachusetts. Because there was an objection on the basis of jurisdiction, Justice Lyons declined to act until the jurisdictional issue was settled. Defendant in the instant pallis .... ANSWER AND COUNTERCLAIM October 4. 1999 case is represented by counsel in Massachusetts who is filing with the Court a separate custody action. Upon information and belief, the Court will exercise jurisdiction of the custody action when it is separately filed. 5. Admitted that Exhibit "A" appears to be an Affidavit of Mark I. Berson, Esquire. 6. Denied. Justice Lyons' order defers the exercise of jurisdiction in light of the objection of Plaintiff herein. COUNTERCLAIM 7. The parties to the instant action are husband and wife, having been joined in marriage in 1993 in New Jersey. At the time of their marriage, Plaintiff herein was a member of the armed services, and subsequent to the parties' marriage, the parties were stationed in various places. 8. The parties have two children, Rowland Pallis, born February 7, 1996, and Jack T. Pallis, born May 2, 1999. 9. Since birth, the two children have resided with their parents for periods in San Diego, California, and Waukegan, Illinois. In January, 1999, Plaintiff herein left the military for a civilian job in Massachusetts. A month later, in February, 1999, Defendant herein joined him in Massachusetts. 10. The parties have lived in Massachusetts since February, 1999. The children have resided with them until Plaintiff removed the children in the latter part of September, 1999, and brought them to Pennsylvania where his mother resides. 11. Upon information and belief, the only basis claimed for jurisdiction in the Commonwealth of Pennsylvania is that that State was the military home of record of the Plaintiff. pallis .... ANSWER AND COUNTERCLAIM October 4, 1999 Nevertheless, Pennsylvania has never been the marital residence of the parties, nor have the children ever resided there. Further, Plaintiff left the military in January, 1999, and his home of record, irrelevant for the purposes of establishing residence in any case, is irrelevant for even establishing domicile in the last six months. 12. In any case, although the issue of jurisdiction is litigated in Massachusetts, there is no basis for jurisdiction in Pennsylvania. WHEREFORE, Petitioner prays this Honorable Court to dismiss the Petition for Special Relief, to dismiss the instant Petition, and to find that jurisdiction lies not in Pennsylvania but with the Court in Holyoke, Massachusetts. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Defendant By 11 East High Street Carlisle, PA 17013 (717) 243-5513 pallis .... ANSWER AND COUNTERCLAIM October 4, 1999 VERIFICATION The undersigned, Carol J. Lindsay, Esquire, avers that the facts set forth in the foregoing instrument, based upon information and belief, were developed from conversations with Defendant herein and information gained in the investigation of this file, and this Verification is made for the reason that Defendant is outside of the jurisdiction of the Court, and that her Verification could not be obtained within the time allowed for the filing of this pleading, and this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: 64?1??J f5;?7 Caro J. Linds , Esquire 444693 11 East High Street Carlisle, PA 17013 (717) 243-5513 pallis .... order and cart of se October 4, 1999 THOMAS E. PALLIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. RACHEL S. PALLIS, Defendant : CIVIL ACTION - LAW NO. 99 - 5826 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE AND now, this day of ?" t"X'? , 1999, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Answer and Counter-Claim to a Petition for Special Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Tara A. Wempe, Esquire BENN AND ROBINSON P. 0. Box 5185 135 North George Street, Suite 303 York, PA 17405-5185 FLOWER, FLOWER & LINDSAY Attorneys for By: /f Parol J. Lindsay, Esquire 'ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 r• o. i,: ? i .i ?. `- :, ._ (? THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW I RACHEL S. PALLIS, NO (? $?'? eI ?' i1 Defendant :CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above referenced matter. Dated: )0 8 l Respectfully submitted, C4 - / /<' ? BY: Andrea en, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 .`- i ? _ _ I. ' _? -- ' ?. ?'J __ I . . ? J THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. RACHEL S. PALLIS, q9 5 $a? Defendant :CUSTODY ORDER AND NOW, this day of ?C, 1999 upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before lnhQS , the Conciliator, at 39 43. Aar\ 5A.1 \ C on the Qday of ?l \I , 1999, at ,1 o'clock QL.m., for a Pre. Hearing Cus ody 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. FOR THE COURT, By: S C/ . . Custody Conciliator ( TD). PL YOUR SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 GF n4 ?n r , CUia?c;? it - PEN 1 1a9 99 h lea fd 7? d THOMAS E. PALLIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. RACHEL S. PALLIS, Defendant :CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff (Father) is Thomas E. Pallis, residing at 33 Abbey Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant (Mother) is Rachel S. Pallis, with legal residence at 33 Abbey Court, Carlisle, Cumberland County, Pennsylvania, 17013, with current mailing address at Holyoke Hospital, 575 Beech Street, Holyoke, Hampden County, MA 01040. 3. This action is brought with regard to the two children born to the marriage of the parties: Names Present Address Date of Birth/Aae Rowan G. Pallis 33 Abbey Court, Carlisle 2/7/96 - 3 yrs Jack T. Pallis 33 Abbey Court, Carlisle 5/2/99 - 4 mos The parties are husband and wife. The children are presently in the custody of their father, the Petitioner, who resides at 33 Abbey Court, Carlisle, Cumberland County, Pennsylvania, with the children, his mother, Pam Saylor and my mother's friend, Carol Talley. During their lives, the children have resided with the parties, their natural parents, who have maintained their legal residence in Pennsylvania while living temporarily in other states including California, Illinois, and Massachusetts. One or both of the children have also spent time temporarily in other states with their parents and grandparents, who live in Pennsylvania and New Jersey. During the last six months, the marital domicile of the parties has been primarily in Massachusetts where Father was working. Both the parties intended that their stay in Massachusetts would be temporary, and both have stated their intention to leave Massachusetts with the children. Mother has advised Father that she intends to temporarily reside with her mother in New Jersey and then return with the children to Pennsylvania. During their lives, the children lived with each other and their parents at the following addresses: Date Address 2/7/96 - 4/96 La Mesa, San Diego County, California 4/96- 1/99 Waukeegan, Lake County, Illinois 2/99 - 8/99 Holyoke, Hampden County, Massachusetts 9/99 - current Carlisle, Cumberland County, PA During much of the last six months, and since Jack's birth in May, 1999, the children have been traveling with their parents or other family members primarily back and forth from Holyoke, Massachusetts to New Jersey, Pennsylvania and Delaware and have not been in any one state a majority of the time. In early September, 1999, the older child, Rowan, age 3, went to visit her maternal grandmother in New Jersey, and then on a vacation with her paternal grandmother who resides in Pennsylvania. Mother has a history of mental illness, including depression, self-destructive behavior and suicide attempts. On September 14, 1999, mother admitted herself for psychiatric inpatient care to Holyoke Hospital, Holyoke, Massachusetts. This was done without prior notice to father. The younger child, Jack, age 4 months, was in the care of father, and has remained in his care. The older child was returned to father's physical custody after a trip with her grandmother. Father has returned with his children to his Pennsylvania residence. He has family here, and intends to remain here. He has arranged for a transfer of his employment to Pennsylvania. Mother has repeatedly advised father that she intends to leave Massachusetts upon her discharge from the hospital and to move back to Pennsylvania. She has also advised father that she wishes to live separate and apart from him after her discharge from the hospital. 4. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 5. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 6. Father does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. Father asks this Court to exercise jurisdiction in this despite the fact that the children have not physically been present in the Commonwealth for the majority of the last six months. Pennsylvania is the most appropriate forum for this custody dispute because it has been the home state of the parties despite their periods of temporary absence over most the last few years, primarily while father was in the military. The children are physically present here and both parties have indicated their intention to return to Pennsylvania. 8. At this time, mother is unable to care for her children and father fears for their well-being if they were to be delivered to mother's custody. Father seeks a temporary order granting him primary ph; sical and shared legal custody of the children until mother is discharged from the hospital and a full hearing can be held on the custodial arrangement that will serve the best interest and permanent welfare of the children. The best interest of the children will be served by granting the relief requested because father is a loving parent well able to care for his children. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Petitioner requests this Court to grant him shared legal and primary physical custody of the children. Respectfully submitted, 0 BY: Andrea '. Jacobsen, Esq. JACOBS MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - fax Attorney No. 20952 I hereby verify that the statements made in the foregoing 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. Dated 2. 1 5E P`l'? ? C THOMAS E. AT LIS we n: :' 7 ?4i: Q .. ul;u V 7 C7 Q U O V/ V 0 U C0 LO 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2XNMANO0105INSON THOMAS E. PALLIS, Plaintiff V. RACHEL S. PALLIS, Defendant TO: Curt Long, Prothonotary CIVIL ACTION - LAW CHILD CUSTODY P0. BOX 5185 135 N. GEORGE ST. SUITE 303 YORK, PA 174055185 NO. 99-5826 PRAECIPE Please enter our appearance as counsel of record for the above named Plaintiff, Thomas E. Pallis, in the above captioned matter. Respectfully submitted: BENN AND ROBINSON Niles S. Benn, Esquire Attorney I.D. # 16284 "Attomey I.B. # 82280 N P.O. Box 5185 135 N. George St., Suite 303 York, Pennsylvania 17405-5185 (717) 852-7020 W 4J Z 3: co 44 44 r r O Q N N N N W E •.1 N z i cr n O LL 04 C1Z. .,-roi . v m X C7 ° a 'L U H a O O m Z w Y o n ° a a A cc a ~ 0 V E za uaz w w ° E N W j E fA OD O m a V1 Z 4 C w U Z M E A ° ° m H a 41 m u O W F a v u z° CJ r., c N ii! n j , h l? „ { -G 1 1 • . L 21 NAIC PENNSYLVANIA FINANCIAL RESPONSIBILITY IDENTIFICATION CARD ^ NUMBER 2 51 7 8 State Farm Mutual Automobile Insurance Compan REGARDING YOUR FINANCIAL RESPONSIBILITY y INSURANCE IDENTFFICATICN CARD AGENT DAVE MILLER JR 2841.982 Sate Farm u required by PennysNanu law to send you an 10 card . PHONE NO. (717)2494251 O The card shows that an nsurance policy has been Issued for me vehicle(s) described saaelying the fnancul mpsonsibility, re usemente POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE q of the low. 723 9681.08.881) MAY 181999 NOV 181999 If you lose the card, contact Slate Farm or your agent for a replacement. PALUS, THOMAS E A RACHEL The I D. card I may usetl for vehicle registration and 16 MAPLECREST CIR HOLYONE MA 01040-7014 t is replacing license plates If YOUR liability Insurance policy y is not in n effect, the I D the D. cam le no longer valid You are required to mountain financial responsibility on your vehicle. It is against Pennsylvania law to use the 1 D. card Iroudulently such as using the card as Proof of financial responsibility after the Insurance policy is terminated. IXlim Ieemn9lw.mE Applicable wAh respect to the following Motor Vehicle PENNSYLVANIA OFFICE Year Make KEEP YOUR CURRENT ID CARD UNTIL One Stale Form dive Ce'NatMlle, PA 19 379 1991 HONDA ACCORD THE EFFECTIVE DATE OF THIS CARD L q 91 &7 d Cle Number CAR NO. , u IH GCB7551M551MAD7 4159 002 (011031Ie) thar¢ed Reereeealalrve SEE IMPORTANT MESSAGE ON REVERSE SIDE r ,F?lC pl m. COMMONWEALTH OF PENNSYLVANIA REGISTRATION CREDENTIAL r+EXPIRY: JUL 31, 2000 VALID: 10/07/99 r-l jrPLATE: BTC1190 D-TITLE: 52451539001 PA SVIN: 1HOC67551MA074159 LnYR/MAKE: 1991 HONDA -OTYPE: SON CWID: 99260 1525 000110-001 039036 THOMAS E PALLIS 2165 NENA DR. YORK PA 17404 ?_ GN?TURE I hetehy achnowl"e this day that l nave tecewed notca of the Provisions of Seclion 3709 of the Vehcle Code J 1k1 I {111 1 000 y. . I, t t? Commerce VBank T-iC+'Ao. uALLIS 7e. tW Ti)N AV'. Nllr. WAUKI - 'N IL o- it : Commerce BanklHarrisburg N.A. 100 Sonale Avenue P.O. BOX 8599 Camp Hill, PA 17011 (717) 9755830 y ) STATEMENT DATE 11/15/99 3 ACCOUNT NO. 13^35253 *** CHI CKI-iC *** - ';ULA'1 CH' CK lnlc, ACCDU r,T 141JNI'r11 F-I J 352' 1 7 AX ID N UM,ir .2 14F-76-6382 P:iE VI ' OU'S STA T; v* mr AL ANC A' OF 1 '/ ? 59 57 r L : US 4 7:. 17917 ANA 11T1-}u 4 C'7r 11 ? r5 .. . 2.2 (`2 11 L. CURPL •? CHt CK', AN^ i7 rTr It I) II T£ NT - TA T1-v-. T f' ' . . ., . 2.11 C.Ci . , , AI 4NC-- AC F I I/1 , „ . ? - 157 59 NUH±E _____ P C,F A VS IN THIS STA T C M:_NI P24I Dn ____________________ :Sl . *** C __-_-_____-_____ HECK TRANSACTIONS *** ___----____ _----__- S --QIAL DATL. A4CUNTI, Sr RIAL ' DATE AMOUNT "i I 1,./l 1) S, `.: \n.2 .. ' I•../3;. 35.50 ? 11/JE 1 `.,: V ? i-4 11/' 175.00 _-___ ro 11/I:i ,?. X5.5 __--_____________________ 11/12 6C 5.CC I t* C ___________ Hr. CK ING ACCOUNT TRANSAC T I CN; *P* _____--___- _-____-_ AT - DF, SCR IF'T I Ord D`_r3I TS CRFDI T5 AC-STAT' FAr'M RC 13-INSURANCE 51r 1^5 719.9) D'POSIT .,. 41.21? 2o CKCD DI- 'SIT 1, /2t/ 31 i l . I TAB?"'r.T '. 065 GURNEE [L 1213 AC-C,-Wv UTER DATA SV-DIR DF.P 719.93V . l.. /2.9 WT HDI•L OnA .• ,'.n 10/27/99 2•":23 2r.. 232'1 C-d ANC AVE WAUKEGAN IL 1!.,/29 WTHD R.L Di`A .',611 10/29/98 12: C5 4_.. GRr AT LAKE-S C U GREAT LAKES IL il_/?9 CKCD ('i_ 11T 1:./22/ =42.: . TCI °RInAYS #176 GURNEE IL T1./2) CKCD CiC TIT 1:•/24/ BARNES E 43.52 NO IL :.- ?5955 VERNON HILLS 2 WTHO=.L n0A 1934 11/.2/99 -9:29 4, ! U4cA7 LAK=5 CU GREAT LAKES IL j tl l/.n aTHr._L r.r16 2c,`-,4 11/?4/9d c 4 6?P AT LA,:-:.S CU NORTH CHICAGU I t 11/ 4 CRCO U: .'IT 1 CI T'.-,J 7 ':Lc VFN 276WAUKcGAN IL J tll/ 5 CKCD n--.:IT 11/:'3/ " 1).. A,,V )CJ STATION I189WAUKEGAN IL ill ' AC-C1I%'?UT°4 [)A TA 5V-^t'4 n=? 719.94 -- t l I/l CK C1) I I T 11/'')/ ? C U`='9 I'1I-,'I ' Gi ;144 AT LA K,.? IL tlI/1' CK ZD "r°'IT I1/'7/ 41 T.;I )IOAVS #176 GUty"- IL .. 1-I 1/12 CKC^_ D, 'IT 11/I-/ 71/ .'U T`_S I A S WAJ le -;;AN I L YII/I' CKCL f)-.1IT fI/II/ CVl1:'''N,.T 1,,. ):.? __-___ VNT1t -1.19 t:._l,3 1^ CA ___________ _ •'`* 11A _ _______________________ LA .C- r.V DArr **a ______--___ ---_--_ I'./I n. 77 r.-,l 1 174.51 I'/ 'I 1 .-)7 1 79.55 77.'.4, 1'/.'v -,)7 1 /1•. 621.47 11/..1 .+,7 11/''. "l .47 ll/..S 357.47 11/ 'r 1`1•'.47 11/1 ...il II/i _' 217.54 11/I I l 1 ,';r NU I t: SEE REVERSE SIDE FOR IMPORTANT INFORMATION t J 1 1 1 i i. . ?J 9800112022 148-76-6382 PA 137-70-9932 EX 0 B 1 PALLIS THOMAS E A 0 RS R APT I RACHEL S FY 0 FS J 16 MAPLE CREST CIRCLE SC 21050 HOLYOKE MA 01040 FIN 413 493-1715 1A 2 33698.00 18 0.00 1C 33698.00 5 0.00 3 0.00 4 191.00 8 0.00 6 0.00 7 0.00 11 0.00 33889 00 9 33889.00 10 0.00 . 12 949.00 1 PLEAS A A L Local Information. Enterwhere you lived 330(12/31196. Extension Enclosed, Mark this space. School District: BIG SPRING AMENDED return, Mark Nisspace. County: CUMBERLAND Fiscal Year Filer, Mark this space. School District CUMBERLAND X Option for a 1999 Booklet. School Code: 21050 If you do not want a 1999 Tax Booklet next year, Markthisspace. Residency Status. Type Filer. FII- in only one choice, lEXHIBIT Fill- in only one choice. R X Resident I S Single PR Nonresident M Married, Filing Separately Part Year Resident 0 Deceased From: Date of Death: To: F Final Identi0cati0n Label Change. J X Married, Filing Jointly Mark this space, if the label you received with this boo Melia no(cc 'Oletely correct Or if you did not file a 1997 PA tax return. 00 not place label on this to rm. 1a Gross PA Taxable Ccmparise tion,[tom W. 2 forms and alherwage statements 33,698.00 lb Unreim0ursed Employee Business Expenses, from PA Schedule UE ............................ .00 1C filet 04 7:= ,. 1z Co .per__. u? act line l b from it '- .._ . .:_,i. .,.. Su... _. ................... 33, 698100 - 2 PA Taxable Interest Income. Complete and enclose PA Schedule A. if over$2,SCO .................. .00 3 PA Taxable Oividenda Income. Complete and enclose PA Schedule B. if over S2.-CO ............... .00 4 Net Income or Low from Operation of Business. Profession, or Farm ........................... 191.00 5 Net Gain or Lcss from the Sale, Exchange or Disposition of Property .......... ...... .00 6 Net Income or loss from Rents, Royalties, Patents, or Copynghts .............................. .00 7 Estateand Trust Income: Complete and enclose PA Schedule J ............................... .00 8 Gambling and Lottery VImmngs ................................. .00 9 Total Gross PA Taxable Income. Add the income amounts from Lines 1c,2.3.4.5. 5, 7 and a. 00 NOT SUBTRACT any lossesreported on Lines 4, $, or 6 ....................... . . ....... 33,889.00 10 CONTRIBUTIONSTO YOUR MEDICAL SAVINGS ACCOUNT............ .00 Seethe Instructions booklet 11 NET PA TAXABLE INCOME. Subimctlinel0fromline9 .................. 33,889.00 B 12 PATax Liability. Mulliplyline 11by2.3% (0.026). Alsoenteron Line 13,page2 ................... 949.00 1 9800112022 9800112022 1 9800212020 PALLIS THOMAS E 148-76-6382 13 949.00 14 0.00 15 0.00 16 0.00 17 0.00 18 0.00 19 0.00 20 0 21 0.00 22 0.00 23 919.00 24 0.00 25 28 0.00 26 0.00 27 0.00 919.00 29 30.00 30 0.00 31 0.00 32 0.00 33 0.00 34 0.00 35 0.00 36 0.00 37 0.00 13 Total PA Tax Liability. Enteryour tax liability from line 12 on the first page 14 . .................................... Total PA Tax Wthheld,from enclosed W-2forms .......... 13 949.00 15 ........................... ........ Credit from your 1997 PA Income Tax Return .......... 14 .00 16 ...................................... 1998 Estimated Installment Payments .......... 15 .00 17 ........................................... 1998 Extension Payment ........... . .......... 18 .00 18 . ... ..................................... Nonresident TaxWthheldfrom your PASchedule(s)NRK•t.Nonresidentsonly ............ . 17 ........ . .......... 18 . 00 00 19 Total Estimated Payments and Credits. Add Lines 15 16 and 18 17 , Tax , , . ................... forgiveness Credit. Complete lines 20 21 and 22 Read instruction .......... 19 .00 20 , , . s. Dependents. Part E, Line 2 PA Schedule SP 21 ,,,,,,,,,,,,,„...,...,,,,.,.....,,,_.. Total Eligibility Income, Part C. Line 11, PA Schedule SP ,....... 20 0 22 .............................. Tax Forgiveness Credit from Part D, Une 16 PA Schedule SP .......... 21 00 23 , .......................... Total Credit for Taxes Paid to Other States orCountnes. Enclose your PA Schedule G or RK-1 .. .......... 22 ........ T y .00 919.00 24 PA Employment Incentive Payments Credit. .. Enclose PA Schedule W. RK. 1 or NRK• 1 25 ...................... . PA Jobs Creation Tax Credit. from enclosed certificale orPA Schedule RK. I or NRK. I ........ 24 ........ i5 .00 .00 26 PA Waste Tire Recycling Investment Tax Credit, tram enclosed certificate or PA Schedule RK-1 or NRK-1 27 ................................................... PA Research and Development Tax Credit. form enclosed certificate ......... 26 .00 orPA Schedule RK-1 orNRK-1 .............. ......... .. ....... ................. _ 27 ... .. .. .00 28 TOTAL PAYMENTS and CREDITS Add lines 14. 19and22through27 ................... ......... 28 919.00 29 TAXOUE. Line 13 is more than Line 28, enterme difference here ........................ ......... 29 30.00 30 OVERPAYMENT. Una 28 is more than Una 13. enter the difference here ................. ....... 30 00 31 Refund- Amount of Line 30 you want asa check mailed to you .......................... .. ..Refund 31 .00 32 Credit-Amount of Line 30 you want as a credit to your 1999 estimated account .............. ......... 32 .00 33 Donation-Amount of Line 30 you want to donate to the Wid Resource Conservation Fund ..... ......... 33 .00 34 Denation- Amouhtcf Lira CC you-,.;,;;;o GOneCa to the United States Oiympic Committee. PA Division.... 34 .00 35 Donation- Amount of Line 30 you want to donate to the Organ OanorAwareness Trust Fund .... . ......... 35 .00 36 Donation- Amount of Line 30 you want to donate to the Knrea/Vietnam Memorial, Inc,,,,,,,,, ,,,,,, 36 00 37 Donation. Amount of Line 30 you want to donate to 8reastand Cervical Cancer Research ..... ... ... 37 .00 The total of Lines 31 through 37 must equal Line 30. Signature(s). Undo PenenOs of Perlu,,.I*,tiecbnihnl(wet nave sum,ned th,s teturn,n<lumnq ell ecevmvenY.nq ahedulY and ua[Imeme 1 9800212020 9800212020 1 Pgvuo vt CPmoeny Name IP4ue Pnntl Oate Ttleeh one *N U meet H AND R BLOCK EASTERN TAX SERV 03/19/1999 (413) 536-4766 Siynnutevl Me PreOarer(OOtienan n / /1 / Cut&gno CoRed Line 1998 PA-V PA PAYMENT VOUCHER 333 143-76-6382 PA 137-70-9932 9800911 PALLIS PAYMENT AMOUNT THOMAS E s 30,00 RACHEL S APT I MAKE CHECK OR MONEY ORDER 16 MAPLE CREST CIRCLE PAYABLE TO THE PA DEPT. OF REV: HOLYOKE MA 01040 1 30018114876638200071199812310000000000000007 1 __j PA. aa. C pg. 98) Attach to form PA-40, PA. 65 or PA.41 Name of Proprietor as shown on PA tax return RACHEL S PALLIS Amain businessac;tvitY 0, RETAIL 8 Business Name ? THOMAS E PAL: D Business address (number and street) 24 City, State and Zo Code ? wnrTUraa, 9703112020 COMMONWEALTH OF PENNSYLVANIA Profit or Loss From Business or Profession (SOLE PROPRIETORSHIP) or service ? Number C rfte?-- _- (1)LCost (2) O Lowerofcost ormarket (3) Other(ifother, attach explanation) F Accounting method, check the appropriate box: (1) W Cash (2) Q Accrual (3)0 Other(specily) ? G Was there any change in determining quantities, costs orvaluations between opening and closing inventory? It"Yes,"attach explanation. 19 9e SCHEDULE C PA O EPARTMENT OF REVENUE 137-70-9932 ODUCT Taxpayer Identification Number C Yes we X I across receipts or sales o 191100 .................. t ........ to Returns and allowances ..................................... lb 0 Balance(subtractline lb fmmline la) ......................................... 2 Cost ofgoods sold andforoperations(Schedule C. I, line 8) 3 Gross profit (subtract line 2 from line le ....................." 4 Other income (attach schedule) Include interest from accountsreceivable, businesschecking accounts,....... and other business accounts. Also inC.udesalesafoperationalassets. See Instructions Booklets. 5 Totalincometaed nea ay..w+l s?.! rAK,L; If,IlAOUCtiOns; :: ... ... ?i 5 I 19100 I 7 Amortization 1 8 Bad debts from salescr services I 9 Bank charges 1 31 Wages I 10 Car and truck ex pen se3 1 1 1 1 Commissions ... 1 1 32 Otherexpenses(specity): .................... 12 Depletion a I 13 Depreciation (explain in Schedule C-2J I 1 to 14 Duesand publications c 15 Em91PYaa e,nflit oragraml olh,r than Pn Ln,.2 1 16 Freight(notincWded on Schedule C. 1) e I 1 17 Insurance f 1 18 Interest an busmessindebledne'ss 1 9 1 1 19 Laundry and cleanmq h - 20 Legal and professional services I 21 Office supplies 22 Pan no protit•snannq plan. far,moioYaaa I k -• - 23 Postage I ? 24 Rent on business propert y I 25 Repairs n 26 Supplies (not inclutletl pn Schedule C•1) I a 21 Taxes P .................... 28 T 1 q elephone .. ................. 29 Travel and entertainment 1 r 70 UIIIIII05 R.auc,,.oan,e, er rnuaw ePnn,.. cr.a. 33 ita eramao BPr,umpla.CmPiPym,nr ?- I mcanrM, Poym,n6 Cuent on Your P+.+a. 3a -oral tletlucnons(atltl amounlsin columns or Unes6lhraugn ]20 and deduct Line 33 ? 74 35 Net profit or loss(subtract Line 341fom Line 5). Entertotal here and on the appropriate line of PA exreturn 000 . Ifa net lossis shown, check the box and enter on the appropriate line ofthe PA tax return 1 9703112020 9703112020 1 PA SCHEDULE G 9801612020 1998 CREDITFOR TAXES PAID BY PARESIDENTS TO OTHER STATES OR COUNTRIES PA OEPARTMENTOFREVENUE Name as shown on your PA. 40: Social Security Number THOMAS E ?ALLIS 148-76-fi3B2 Attach a separate PA Schedule G and a copy of each "signed" return that you riled in the other state or country. You may make additional copies of this schedule as needed. 1. Name ofolherstate orcountry ILLINOIS 2. Income subject to tax in Pennsylvania and the otherslats orcounlry ..................................... 2. 13 , 9 9 60 0 3. Tax due and paid to the other state or country ...................................................... 3. 38100 4. Multiply Una 2by 2.8%(0.028) ........................ ........... ..................... .....? ... 4. 39 00 S PA Resident Credit. Enterthe LOWER of Line 3 ar4here and on Line 23 ofvour PA. 40 5. 381.00 Pennsylvania aeowsa Resident Credit ONLYan income you earned or received in the other state orcountry, Youmav NOTa!aim Resident Credit on theimount ofincome the other state uses to determineds tax rate. 1 9801612020 9801612020 1 PA SCHEDULE G 9801612020 1998 CREDIT FOR TAXES PAID BYPA RESIDENTS TO OTHER STATES OR COUNTRIE PA Gss, is) Name as shown on your PA. 40; S PA DEPARTME Social Security Ni RACHEL S PALLIS _70-9 Attach a separate PA Schedule G and a copy of each "signed" return that you filed In the other state or country. You may meke additional cooles ofthIs schedule as needed 1. Name ofotherstate orcountry ILLINOIS 2. Income subject to tax In Pennsylvania and the other state or country 3. Tax due and paid to the other stato orcountry ....... 4. Multiply Una 2 by 2.8%(0.028) ................................................................. 4. Pennsylvania allows a Resident Credit ONLYon income you earned cr received in the other state or country. VO MSy 5 9801612020 9801612020 \ DEPARTMENT OF TRANSPORTATION CERTIFICATE OF TITLE FOR A VEHICLE 8.318 0 Z) J n .7 n v) 982300051004279-001 HL-GCS fS .:M7f _ 9 :: ' 91 NON& I 52451589001 PA ; I VFIIICI[N)[MI[ILAIpN NLIMnER l"An MA.E Cl VflnClf IIILI NL1.1VII SUN __ ? _-0 ( I NJ I ?1/15/g8I 1?906?I - h _ BODY T If p1V I 9EAIIAE `IIIMI.... E 9 N1[ OIIOM nRT.n DA" ..M MAFS M)!N' ^.r ArVt 9/13/98 I 9/15/98 I nA1f N11IIEn WE 6,m,s,[ nrrtAOPN Vrt IOIn nvwn n[wR nnl ImAMR ODOMETER SI AN9 2 REGISTEMDOlllERrS1 THOMAS E PALLIS 24 9URTON AVE WAUKEGAN IL 60085 RN9i llEll [AVCR OF (IRSr OfN PEl U5E0 EXHIBIT Duc flY AVIIgNlED REPPESf NIAIIVE WXIIM'. AIN•nl': 039036 THOMAS E PALLIS 24 BURTON AVE WAUKEGAN IL 60085 MCClIDUEN[AV 7 0. A41U4I YPFADE • E.1 EYCEFOf I." r.nCIrAKAL [. NJt AL LIRE ]. NDT 1M [{NAL, ADF LO(MIIFn IM YEMA,AlIrl [ VFM(rtD • F11W (NIGWr ?En D19C1(•?unf Vr' TILE BPAII Iq . AMgVF V[TIICL[ C • C499q VFMgF 'n . ca¢cr1nE vnrrr r t • WrDCCWMM G•p1gMAlyv WM 'M rNMf114 DIlrM19yrICN M.bICVLNMLVFr'(,lE,. ? L . LOODWD vEMCl[ I.19 SAV EVI •rlpf P 9 . 9TAIS REEE I AR.gRD . r • IECOVf"v PEDTMf[r VEMCLF v . vEMfiE CdrA1Nt IRleraltnvu f.. X . Mrletlw r HIED 1r?1 AAWs d 9y M1fl Er'r IN 4fl / M M' mW I..d Mf IM. V1 tl1e BYre.u d Maw V«v[Ir t rMn Al, .llpgnur. Idm.Mle. S colm)'EN RELFISEn _ ArINxlnllf l111f1Tf!1[NIAFIVf I ten, A. a IN ]«. a wo m. alms l.t..rn a m. IIm.«r.nl. D.v. ImAa BRAOLtY ' L MALLORY a TIAm? 1.IV1I«'ta NI M pArMd« a tC.^G.,^/ luv^.] Nlnrr„A 11q In.la Owr?r a Xr ApI YIMC9r. SStl W, of Trfln.Rnl mtlnn $UBSCPIBEDAEA SwOPN . -.?.-?._ __ ..._. __.__. _.._.._., r?. ...?_...._ __... INypWar Prq BNCE M tr.efwl. me n.INnuxE.f'iwMf •f IO BFip1E ME A?.INX rIYm mmn urnM.Yr n OIm NAlnam. nn^'? YM 9r.r MO _ Yf All ry Mlne funAVq w. I P D I.N A, n of fr rn n.nrn M rcv r•rvr ml.rml M M. r•nl m.nrv grAf M rv .1 N• it nr rU.nrl SgNATU EC(V[PS(MIALYn11151(n,.DAr11 iT L111 WE ? lr rp ll[R W Cµ vl LrrrmmOon l n15111VrIMlr1111/rr(n 1n1AWI ? am I JPAir -? rnpLlm ' r1CCµ ? IN uM.rf9rM N•eN mAref .1yYKelw. for fenll.Al. M TAb In rr.. rnn.rn NvrAnn '-"' ANr.fuM[l nor emurro.ma Amdn.. Yya [lu..rf vl loon r.rr -_.-_.__ puullrrnNx nrn 1 unrr _ 4_rrrrAlrln[IXAn1.lgAlll On Arllr. +lill11 .rr/n rr __ __. ..- ' •- .. _ 'A F 1r r 1r n pr.rrAr 111r OI Cn AfnLY.unnmCUr..Inem.. . n..re r. nnrvrrAr nuunnrcw rmLlnnr mol 22 695 428 Issued BINh Date Expires .t 07106196 09/1N1 09fJ0100 o Sea Height Eyes m 6'02' SRO Class Endorsements C ..... CornMed. Restrictions F=1 m .r Z4 BURTON AVE. WAUKEGAN IL 6006S THOMAS E PALUS 111111111 III Illilll III pl, COmmonw6611h of Pennsylvania DRIVER'S LICENSE UPDATE SEX MIM9E6 HEIGHT EVES SOCIALSECUII9Y * DMVE6 0?BRO 6ATHDATE DUPS* 695 428 09 13 71 00 22 EXNAATION DATE CLASSES Et10005EMENtS Ot? 3() ()0,,E IAWEOIWL PEStaIGTIDNS ISSUE DATE 1.00799 *i* 1'I-1pHAI, E: NALLIS 3:4 AoI, oEY COURT PA 17013 CARL.6L.E \:-?? •, 39 U 01'1 () X? ) `:PRODUCED AT GOVERNMENT c EXnNSE ay STATE OF LEGAL RESIDENCE CERTIFICATE DATA REQUIRED-. ---PRIVACY ACT OF 1974 AUTHORITY: Tax Reform AM of 1976, Public Law 94-166. PURPOSE: Information is required for determining the correct State of legal residence for withholding State Income taxes from military pay, purposes of ROUTINE USES: Information herein will be furnished grate authorities and to Members of Coopers. MANDATORY OR Disclosure Is voluntary. If not provided, State Income tax" will be withheld bawd on the tax VOLUNTARY Iowa of the State previously testified "I your legal residence, or In the absence of a prior DISCLOSURE: certification, the tax laws of the aODlicable State bawd on your home of record. I /Lr1. nn1 wIfA4 r.rw" n? r r NUMBER (as Pi1iLIS THO.^FlS E, r4$ -76 &SSS? xta1D¦NCVDDMICIL!lfxfr e 4 Uf fe1 SPRINGS PA. INSTRUCTIONS FOR CER MinrA"nu d tarmleI., the State for which Income texts aretttot be wwithheldfrom youour r "w lfwr,• aaadefined bye for the purpose of the Internal Revenue Code of 1964. PLEASE READ INSTRUCTIONS CAREFULLY BEFORE SIt7NINp 3101(a) of Tha lerma "legal residence" and "domicile" us essentially interchangeable. In brief, they are used to denote that place where you here your permanent home and to which, whenever you are absent, you have the Intention of returning. The Soldiera' and Sellon• Civil Relief Act protects your military pay from the income taxes of the State In which you radde by reason of military orders unless that is also your legal residence/domicile. The Act further provides that no change in you State of legal residence/domicile will occur solely as a result of your being ordered to a new duty station. You should not confuse the State which Is your "home of record" with your State of legal reasidence/domicile. Your "home of record" Is used for fixing travel end transportation allowances. A "home of record" must be changed It It was erroneously or fraudulently recorded Initially. Enlisted members may chance their "home of record" at the time they sign a new enlistment contract Officers may not lunge their "home of record" except to correct an error, or after a break in service. The State which Is your "home of record" may be your State of legal residence/domlefle only if It masts certain criteria. The formula for changing your State of local residence/domicile is simply stated as follows: physical presence in the new State with the simultaneous Intent of making It your permanent home and abandonment of the old State of Igal r"Idence/ dorniciie. Ia moat cues, you must actually reside in the new State ¦t the time you form the intent to make It your perma- nent home. Such intent must be clearly indicated, Your intent to nuke the new State your permanent home may be Indicated by certain actions such u: (1) registering to vote; (2) purchasing residential property or an unimproved residential lot; (3) titling and registering your automobile(s); (4) notifying the State of your previous legal residence/ domicile of the change in your State of legal residence/domicile; and (6) preparing a new last will and teatament which indicates your new State of legal residence/domicile. Finally, you must comply with the applicable tax laws of the State which is your new legal residence/domicile. Generally, unless three steps have been taken, It is doubtful that your State of legal residence/domicile has changed. Failure to resolve any doubts u to your Stale of legal residence/domicile nary adversely impact on certain local privileges which depend upon legal residence/domicile including among others, eligibility for resident tuition rat" at State univer- sities. eligibility to vote or be a candidate for public office, and eligibility for various welfare benefits. If you hen any doubt with regard to your State of legal residence/domicile, you are advised to see your Legal Assistance Officer (JAG Representative) for advice prior to completing this form. I certify that, to the best of my knowledge and belief, I have met all the requirements for State claimed above and that the Information provided is correct. I understand that the tax authorities of my former State of legal resfdence/domicile v NTC SIN 0102•LF-002-05110 cc V residence/domicile In the this certificate. N.S. Gro rNIl .I00/peale hLJ?rt)F. r e, '/2 k: r ?r.'F5 i TUPP?rult?l.t CUP ?!L DP:..is`t MO?ri Uc r ?f=k- StL? c •-pct-:Et eN? 'S- rtecsi '..? . u. . J . JC; g, A?O kR ?L??•5r. ?. POTS Uktii r PC, is V, a'P?In 0(i Ctwn.? v-tir- /Cl1' V C E•Cl 1? C. r.l C:eoc lc ?ar .DC^° ?Py.;1T£ n 7 •cl.OWi-y? ? L£^-D.?<. J' ?e?J ??AN C :. 4 S+v "t iPL•r U•r?o?"`= _ rl Qll4 . .?._. ?.•^A 1. '. Ti t:c_ 3T=c'C.:.yF? .r) Cc-K Zfh?^ . i 1? L( T EXHIBIT C . . ?Y. pub.: (-Lc•; ?,-:?c.i<.c', ? c??;- ? ? :vr.; ?..?.r;_?ua,?_ n ._______..__ t .__ .r. __ _.. _ _. Cr? C*N C*N rmmmq c? N w w w CO) LL r d SO i a CO) 'd ? N N T_ r- h ^, r a ?o N J z c z ? i 41 W 1. I o Q n `t `ry '„ fl ?• N ^, a ? N Q o l 2 ` r ? V Y L? ',wY V/ U. 3 C C? G C 7 L ' Z r + ) i. ,? ti _7 O f. N N T- r? ' 7 P- s h ? LL Q b N R r ? N ?I Q b evl N O ^t 1 ¢ ?Q i - r) q S J Q l S d t Q r ti i 1 ? ? ? - 1 N rwm? rmmmm? Ic 3 d c O 2 C N LL H 1 2 _ J of n 1 - 6 1 = c Z s d • a z ti 00 N N ( i } 1 Y _ Q K a a L 00 L N N 1_ 1 n b Y J ? i 2 L 4 o S Z t a I a v a C[ 2 cf ? 1 a N I 1n Z I 3 ? N i i r ,n T ? ? ? N a LL t Cs? Cld C O C z „ op ti 'Z G N Q k N N O ? F ? n _i ? Z t U .1 N N .S S. l1i 1 h \ 'r Q 'r b N n lV S r R ? • +, N r `1 a n a a Vin] 1 a N LL L F G C? G v) 1 ?? Q b d ^ 00 r ? ry i) v 1 l ? _ J ?^ C N q t" ? R CC " - N M G r r v 1 i F- :I 1 ..' W v' ? L i ? b CC ? ry 0 N W J? W C O C 3 i r 1 2 , J 1 N 1? q ? L N 2 L? r.?j S l` +. a0 h N N b SS' n, ` 7 a Q R J LY J 1 b i 4 ON L - J lYq ^ i ?i I 2 .J - Q. ? N Q b h ? N ? h T ? N ?? C/ N rmm? bA i+ N LL 7 L H 2d m c O 2 C :G r q O 7 N I.. .'L 1 lL L n L } N N ? L V" s; y N ? ?1 ? fv N i u 4 Y n a '. N ,fr 32 rvt ? \ N M 1, ,1 1 Q a) N Q b ry I: p 1 K L n i U y ? z ? t N IL r w, W i C0 C C N r z 7 n t ' G ? ,? s Z F ? . •f i„ t QQ x .G ?i a .r ?I Y 2 y 3 O ? 1? r. Q pJ q 1.1 N a u f! ? N 1 "fit u., r A 2 :;i i F c' F C3 Y :c s n F J ? tt t v ? r y 1 ? y u i 1 ( 'Y LL ? rv ? ? f( N ? N •z. Q Z 1 7 s t? nj 2 ? a 3 h ? a ? rv 0 0 N 7 t h r C C0 C C N y O r z k ? Y y ? i 2 n 2 . - tt ? r ¢ ?.r Z • J d ?i cu v ~ Cl rv rv n N N 1 ,W ? 0 s 1 oP,, 9 ,3 U V h r Q N -' F ? ao 0 h Y ti LJ N eve ? ^., N ^~'1 BO&RO CERTIFIED IN PSYCHIATRY AND GERIATRIC PSYCHIATRY September 23, 1999 Attorney Robert Sacco Lyon, Femur & Fitzpatrick Whitney Place 14 Bobala Rd. Holyoke, MA 01040 FAX # 536-3773 Dear Attorney Sacco: HHUNE NO. : 413 534 2724 Sep. 23 1999 12:15RM P3 KENNETH JAFFE. M.D. 675 BEECH ST. IIOLYOKE. MA 01040 TEI E>NoNE !4131 534-2697 FAx 14131 534.2724 Re: Rachael Pallis Rachael Pall is has been a patient under my care at the Holyoke Hospital since 9/14/99. She was referred for hospitalization by the psychiatric Crisis Service who evaluated her at Baystate Medical Center emergency room where she came for help voluntarily because of increased depression including suicidal feelings. She does have a history of previous treatment for depression, including counseling and antidepressant medication. It should be stressed that she has never made a suicide attempt. I am also aware of no evidence of her ever abusing or neglecting either of her two young children. Since her admission to the hospital 9/14/99, she has been cooperative and forthcoming about the problems and stresses in her life, including longstanding marital problems. She was totally shocked when she learned that her husband had taken the children, as well as all of their joint possessions to Pennsylvania. He hadjust visited with her in the hospital and she felt they had a good talk and good visit. He made no mention of his intentions to leave the Commonwealth with the children. Since learning this news, she has marshaled her strength and is working hard to try to get her children back. Her mother and stepfather have visited with her and have been supportive. She is currently taking two antidepressant medications, paxi130mg daily and wellbutrin 150mg daily. She is tolerating these medications well with no side effect problems. She is alert, well organized in her thinking and no longer having suicidal feelings. She is focused on getting her children back. She appears motivated to follow up with intensive outpatient treatment for her depression following discharge from the hospital which is scheduled for 9/24/99. We will make arrangements for this prior to discharge. =NV n Ut eHUNE NU. : 413 534 2724 Sep. 23 1999 12:16RM P2 In summary, while I cannot guarantee any persons future behavior, I do not feel that Rachael Pallis poses any current danger to her children. I feel she is capable of providing care to her children if they are in her custody. As long as she continues to get treatment for her depression on an outpatient basis, I see no reason why she cannot continue to maintain physical custody of her children. I hold these opinions to a reasonable degree of medical certainty. Signed under the pains and penalties of perjury, 6D UA Kenneth Jaffe, M.D. September 23, 1999 KJ/mw FROM : HH ADULT OUTPATIENT SERVICE PHONE NO. : 413 534 2724 Sep. 22 1999 09:31PM P3 KENNETH JAFFE, M.D. TEL: (413) 534-2697 FAX: (413) 534-2724 HOLYOKE HOSPITAL, INC. 575 BEECH STREET HOLYOKE, MA 01040 BIRTHDATE: MAY 2,1951 SSN: 196-38-7817 EDUCATION University of Wisconsin, Psychiatric Residency 1974 - 77 Jefferson Medical College, M.D. 1970 - 74 Pennsylvania State University, BS Magna Cum Laude 1969 - 71 PRECEPT2RS_HIPS Menninger Foundation, Topeka, Kansas - - Adolescent Inpatient Unit September 1973 - November 1973 Community Mental Health Center, Philadelphia, PA Outpatient Intake Worker October 1972 - December 1972 University College Hospital, London, England Adult Outpatient Service July 1972 - August 1972 . Maudsley Hospital, London, England 1 Psychotherapy Unit (part-time) July 1972 - August 1972 TEACHING EXPERIENCE Department of Psychiatry, Baystate Medical Center Supervision and lecturing to Junior Tufts medical students in g Psychopharmacology and related issues 1981 -1995 CURRICULUM VITAE FROM HH ADULT OUTPATIENT SERUICE PHONE N0. : 413 534 2724 -2- TEACHING E E IFN E (continued) Sep. 22 1999 09:31PM P4 Department of Psychiatry, The University of Texas Considerable teaching of both medical students and psychiatric residents in numerous areas. 1977- 1981 Veterans Administration Hospital, Madison, WI Instructor in Interview Course, second year medical students 1975 Department of Psychiatry, University of Wisconsin Instructor in Developmental psychology, first year medical students 1975 - 1976 FORENSIC EXPERIENCE Impartial Medical Examiner for the Department of IndustrialAccideats. Commonwealth of Massachusetts 1992 - Qualified and Testified as an Expert Witness in several courts in Massachusetts. POSH- ONS Private Practice Holyoke Hospital 08/07/95- Center for Psychiatry - Inpatient Unit Attending Psychiatrist 8/7/95 - Director of Education and Training, Department of Psychiatry Holyoke Hospital, Holyoke, MA 8/7/95 - Director, Outpatient Service, Dept. of Psychiatry Baystate Medical Center, Springfield, MA 1988- 1995 Associate Director, Outpatient Service Department of Psychiatry Baystate Medical Center, Springfield, MA 1981- 1983 FROM W ADULT OUTPATIENT SERVICE PHONE NO. : 413 534 2724 Sep. 22 1999 09:31PM P4 -2- TEACHING EXPERIENCE (continued) Department of Psychiatry, The University of Texas Considerable teaching of both medical students and psychiatric residents in numerous areas. 1977-1981 Veterans Administration Hospital, Madison, WI Instructor in Interview Course, second year medical students 1975 Department of Psychiatry, University of Wisconsin Instructor in Developmerrtal psychology, first year medical students 1975 - 1976 FORENSIC EXPERIENCE Impartial Medical Examiner for the Department of IndustrialAccidents. Commonwealth of Massachusetts 1992 - Qualified and Testified as an Expert Witness in several courts in Massachusetts. Private Practice Holyoke Hospital 08/07/95- Center for Psychiatry - Inpatient Unit Attending Psychiatrist 8/7/95- Director of Education and Training, Department of Psychiatry Holyoke Hospital, Holyoke, MA 8/7/95- Director, Outpatient Service, Dept. of Psychiatry Baystate Medical Center, Springfield, MA 1988- 1995 Associate Director, Outpatient Service Department of Psychiatry Baystate Medical Center, Springfield, MA 1981-198S FROM : HH ADULT OUTPATIENT SERUICE PHONE NO. : 413 534 2724 Sep. 22 1999 09:32PM PS -3- POSITIONS continued Director, Affective Disorders Program Baystate Medical Center, Springfield, MA 1981 - 1995 Full time private practice Psychiatric Associates of Houston Houston, Texas 1979-1981 Psychiatric Consultant to residential treatment program for drug-abusers. Alternative House Houston, Texas 1979 - 1980 Consultant to staff for development and supervision of group psychotherapy program, Harris County Psychiatric Hospital Houston, Texas 1979- 1980 Director of Student Mental Health The University of Texas Health Science Center at Houston 1977 - 1979 ACADEMIC AFFILIATIONS- Assistant Clinical Professor of Psychiatry Tufts University Medical School, Boston, MA July 1981 - present Clinical Assistant Professor, Department of Psychiatry The University of Texas Medical School at Houston 1979-1981 Assistant Professor, Department of Psychiatry The University of Texas Medical School at Houston Houston, Texas 1977 - 1979 Zisook, S and Jaffe, K: Patient Requests, Initial Sessions and Attrition. Presented at the American Psychiatrc Association Annual Meeting, Atlanta, GA, May 12, 1978. FROM : HH ADULT OUTPATIENT SERUICE PHONE NO. : 413 534 2724 Sep. 22 1999 09:32PM P6 -4- PARS PRESENTED continued Jaffe, K: Lithium. An Overview of Its Use in Psychiatry Today. Presented to the Texas Society for Medical Technology, Houston, TX, April 21, 1978 Jaffe K., Zisook, S, Click, M: Rapid Responders to Tricyclic Antidepressants. Presented at the American Psychiatric Association. Annual Meeting, Chicago, Illinois, May IS, 1979. Zisook, S, Jaffe, K, Overall, J, Click, J: Research Criteria for the Diagnosis of Depression. Presented at the American Psychiatric Association Annual Meeting, Chicago, Illinois, May 17, 1979. E Psychiatry Grand Rounds; St. Vincent's Hospital, Worcester, MA - "Improving Patient Compliance with Psychotropic Medication" December 10, 1986. Second Annual Western Massachusetts Conference on Human Services, Springfield, MA - "Psychopharmacology for the non-MD" November 5, 1987 Medical Grand Rounds, Providence Hospital, Holyoke, MA - "Antidepressant Use in the Elderly" March 14, 1989 Mental Health Association of Greater Springfield, Springfield, MA - "Depression: Help is Available" February 23, 1989 Baystate Medical Center Senior Class, Springfield, T MA - "The Good News About Depression" July 27, 1989 Johnson Memorial Hospital, Stafford Springs, CT - "Psychophannacology Update on the Treatment of Depression" November 16, 1989 The Jewish Nursing Home, Springfield, MA - "Determining Competency in the Elderly" April 24, 1990 Medical Grand Rounds, Wing Memorial Hospital, Palmer, MA - "Update on the Diagnosis and treatment of Depression" October 10, 1990 Medical Grand Rounds, VA Medical Center, Leed, vIA - "Current Concepts in the Recognition and Treatment of Depression" May 6, 1992 Medical Grand Rounds, Providence Hospital, Holyoke, M.A. - "Current Concepts in the Recognition and Treatment of Depression" December 8, 1992 FROM HH ADULT OUTPATIENT SERVICE PHONE NO. : 413 534 2724 Sep. 22 1999 09:32PM P7 Numerous radio and television interviews dealing with depression and its treatment. C Jaffe, K and Zisook. S: Galactorrhea in a Patient Treated with Amoxapine..T Clin Psychiatry 39:11, 821-823, 1978. Zisook, S, DeVaul, R, Jaffe, K, Click, M: Laxapine Succinate in the Outpatient Treatment of Acutely Ill Schizophrenic Patients. Current Therapeutic Research 24:4,415-426, 1978. Zisook, S, Jaffe, K, Hamond, L, and Rodgers, P: Outpatients Requests, Initial Sessions and Attrition. International Journal of Psychiatry 9:339-350, 1979. Zisook, S, DeVaul, R, Jaffe, Click, M: Patient Requests in an Outpatient Psychiatric Clinic. J Clin Psvchiatrv 40:21-24,1979. Zisook, S, Hammond, L, Jaffe, K. and Lloyd, C: Patient Satisfaction and Attrition. J Psvchiatric Treatment and Evaluation 2:207-211, 1980. Zlsook, S. Click, M, Jaffc, R. uud O?'4dl, J. Rasealeh Criteria far the Diagnosis of Doprosaion. Psychiatry Research 2(1), 13-23, 1980. Lloyd, C, Zissok, S, Click, M, and Jaffe, K: Life Events and Response to Antidepressants. Journal o Human Stress 7:1, 2-15, 1981. Jaffe, K, Bamshaw, HD, Kennedy, M: The Dexamethasone Suppression Test in Depressed Outpatients With and Without Melancholia. A_ mericanfoumal of Psvchiatrv 140:4, 492-493, 1983. Jaffe, K, Bamshaw, HD, Weingourt, P. and Kennedy, M: Comparison of Aiprazolam with Imipramine and Placebo. Journal of the American Medical Association 251:2, 215, 1984. Jaffe, K Clinical Depression. Medical Tribune 6, October 17, 1984. Jaffe, K, Bamshaw, HD, Weingourt, R, and Kennedy, M: Libido in Women Receiving Trazadone. AM J of Psychiatry 144:1,123,1987. Camelley, K, Pietromonaco, P, Jaffe, K: Depression, Working Models of Others and Relationship Functioning. Journal ofPersonality and Social Psychology 66:1, 127-140,1994. REVIEWER Practice Guidelines for Major Depressive Disorder in Adults. American Journal of Psychiatry (supplement) 150:4, 1-26,1993. rhun : HH RUULT OUTPATIENT SERUICE PHONE NO. 413 534 2724 Sep. 22 1999 09:33PM P8 -6- Zisook, S, DeVaul, R, Jaffe, K, and Click, M: "Patient Requests in an Outpatient Psychiatric Clinic" Psychiatry Dijaest June, 1979. Jaffe, K, Zisook, S, Lloyd, C, and Click, M: "Rapid Responders to Tricyclic Antidepressants" Scientified Proceedings of the li2nd Annual Meeting of the American Psychiatric Association, May 12-18, 1979. Zisook, S, Jaffe, K, Click, K and Overall, J: "Research Criteria for the Diagnosis of Depression" Scientific Proceedings of the 132nd Annual Meeting of the American Psychiatric Association, May 12-18, 1979. Jaffe, K, Zisook, S, Lloyd, C, and Click, M: "Rapid Responders to Tricyclic Antidepressants" Piychiatric News. 1979. Jaffe, K, Zisook, S, Lloyd C, and Click, M: "Rapid Responders to Tricyclic Antidepressants" Behavioral Medicine, 1979. Jaffe, K, Zisook, S, Lloyd, C, and Click, M: "Rapid Responders to Tricyclic Antidepressants" Mind and Medicine, 1979. LI .N4 IRE AND C'ERTNI ATI Licensed to practice medicine in Massachusetts, Texas, and Wisconsin Diplomate, National Board of Medical Examiners Board Certified in Psychiatry, 1979 (American Board of Psychiatry and Neurology). Board Certified in Geriatric Psychiatry, January 1997 (American Board of Psychiatry and Neurology) AMERICAN PSYCHTA TAT!' ASSOCIATION ACTMIMS Counselor, Western Massachusetts Chapter of Massachusetts Psychiatric Society, 1982-85. President-Elect, Western Massachusetts Chapter, 1986 President, Western Massachusetts Chapter, 1987. Fellow, American Psychiatric Association, 1988. ORGANMAnON MR R HIP Massachusetts Psychiatric Society American Psychiatric Association Society for Psychotherapy Research American Group Psychotherapy Association Physicians for Social Responsibility 04. ) IN THE COURT OF THE COMMON THOMAS E. PALLIS, ) PLEAS OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA V ) CIVIL ACTION - LAW NO. 99-5826 CIVIL TERM RACHEL S. PALLIS, ) Defendant ) IN CUSTODY AFFIDAVIT I, Robert C. Sacco, attorney for the Plaintiff in the above matter, hereby depose and state as follows: 1. On September 23, 1999, I filed on behalf of Ms. Pallis a Complaint for Divorce with the Hampden County Probate and Family Court, Docket No. 99132709. In addition to the Complaint for Divorce, I also filed an Ex Parte Motion for Short Order of Notice and a Motion for Temporary Orders and other related documents. On that day, the Court allowed the Ex Parte Motion for Short Order of Notice and set a hearing for September 28, 1999. 2. On September 28, 1999,1 appeared before the Honorable Justice Marie Lyons for the hearing on the Motion for Temporary Orders in the divorce complaint. Present for the Defendant was Attorney Mark I. Berson. At that hearing, Attorney Berson objected to the jurisdiction on the divorce stating that the parties had not lived in Massachusetts for a period of one year or greater. Pursuant to M.G.L. c. 208, § 5, the Massachusetts courts have jurisdiction over a complaint for divorce "if the Plaintiff has lived in the Commonwealth for one year last preceding the commencement of the action if the cause occurred without the Commonwealth, or if the Plaintiff is domiciled within the Commonwealth at the time of the commencement of the action and the cause occurred within the Commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the Plaintiff has removed into this Commonwealth for the purpose of obtaining a divorce." 3. Judge Lyons opined that there was no jurisdiction in this case due to the parties not being present for one year and would not hear the temporary orders under a divorce complaint. There is, however, no order in the file declining jurisdiction. 4. To this date, no formal objection has been filed by Mr. Pallis on the divorce complaint. 5. On September 30, 1999, I filed a Petition for Custody of Children, Motion for Temporary Orders, Ex Parte Motion for Short Order of Notice and an agreed Temporary Order on Petition for Custody along with other related documents in the Hampden County Probate Court, Docket No. 99132744. 6. On September 30, 1999, 1 had received a call from Attorney Mark Berson stating that after consultation with Pennsylvania counsel, they were in agreement that Massachusetts had jurisdiction on a petition for custody of the minor children which are the subject of this action. It was agreed that we would request the Massachusetts court to enter into a temporary order as to that weekend's visitation. 7. On October I, 1999, I appeared before Judge Lyons on behalf of Ms. Pallis. At that hearing, Attorney David Sharp represented Mr. Pallis. At that hearing, the only issues before the judge were the agreed temporary orders on petition for custody and the ex parte motion for short order of notice. The ex parte motion was again to allow for short notice on a full hearing on a motion for temporary orders. 8. At that hearing, after a very brief dissertation of the background of the case and upon being informed that there was a Pennsylvania action pending, Judge Lyons declared her desire not to make any decision without contacting the Pennsylvania court. She asked that I contact her lobby with the name and number of thejustice handling the Pennsylvania action. At that time, she indicated that she would not rule on either the ex parte motion or the agreed temporary order until conversing with the Pennsylvania judge. The parties never argued the issue of jurisdiction. 9. Later that afternoon, I received a phone message from Judge Lyons' clerk stating that the agreed temporary order was going to be issued by Judge Kevin Hess of the Pennsylvania court and that the judge was not going to rule on the ex parte motion for short order of notice. 10. On October 8, 1999, 1 again appeared in the Hampden County Probate and Family Court before the Honorable David Sacks. This hearing was brought forward to hear the Motion for Temporary Orders filed under the petition for custody of children. After a short introduction, Judge Sacks indicated that he would not hear the case in light of the fact that Judge Lyons had communicated with the Pennsylvania judge. He forwarded a note to Judge Lyons requesting that the parties be allowed to be heard in her court. On that day, Judge Lyons had a full calendar which included both her originally scheduled hearings as well as the hearings scheduled to be before the Honorable David Fuller. Through court personnel, Judge Lyons indicated her refusal to allow us to be heard on that day. She wrote a note on a yellow post-it that "Judge Hess has taken jurisdiction of this case" or words to that effect. 3 11. Massachusetts hasjurisdiction of the child custody case under M.G.L. c. 20913, § 2 and 28 U.S.C.A. § 1738A. At both the October 1'I and 8" hearings, Mr. Pallis' counsel acknowledged that Massachusetts does have jurisdiction. 12. I have this day caused to be reviewed both the divorce complaint and the petition for custody of children complaint and found there are no orders or docket entries which state that the Massachusetts Hampden County Probate Court has declined jurisdiction on this case. There is no order from Judge Lyons on either case declining jurisdiction. SUBSCRIBED AND SWORN TO UNDER THE PAINS AND PENALTIES OF PERJURY THIS fJ DAY OF QC{ t 1999. Robert C. Sacco, BBO# 552250 for LYON, FERRITER & FITZPATRICK, LLP Whitney Place 14 Bobala Road Holyoke, MA 01040 413-536-4000 Fax 413-536-3773 DM7WALLIS-AMDAVrRC5 THOMAS E. PALLIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-5826 CIVIL TERM RACHEL S. PALLIS, IN CUSTODY De f endant IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, October 18, 1999, in Courtroom Number 4. APPEARANCES: TARA A. WEMPE, Esquire For the Plaintiff CAROL LINDSAY, Esquire For the Defendant FOR THE PLAINTIFF Thomas E. Pallis Marguerite P. Saylor FOR THE DEFENDANT Rachel S. Pallis FOR THE PLAINTIFF INDEX TO WITNESSES DIRECT CROSS 4 22 45 47 49 65 INDEX TO EXHIBITS Ex. No. 1 - Pa. Financial Responsibility ID Card Ex. No. 2 - car registration Ex. No. 3 - bank statement Ex. No. 4 - income tax form Ex. No. 5 - certificate of title for a vehicle Ex. No. 6 - driver's license Ex. No. 7 - State of Legal Residence Certificate Ex. No. 8 - handwritten sheet FOR THE DEFENDANT Ex. No. 1 - calendar Ex. No. 2 - letter dated September 23, 1999 Ex. No. 3 - Affidavit REDIRECT 43 48 68 2 1 THE COURT: I guess we are here actually 2 procedurally on the plaintiff's petition for special 3 relief? 4 MS. LINDSAY: Well, Your Honor, there are 5 two petitions before the court. Initially Attorney 6 Jacobsen filed a petition for emergency or special relief. 7 Subsequently, however, Ms. Wempe and Mr. Benn have filed a 8 petition for determination of jurisdiction, to which we 9 have filed an answer and counterclaim. That has been 10 joined today. So we have an issue of jurisdiction. 11 THE COURT: Which is really a threshold 12 question. 13 MS. LINDSAY: Really it is the threshold. 14 THE COURT: Have you given any thoughts as 15 to how you are going to proceed? 16 MS. LINDSAY: Your Honor, I assume since 17 both petitions were initially filed by the dad in this case 18 that his side would proceed. 19 THE COURT: Do you agree? 20 MS. WEMPE: Yes. 21 THE COURT: Okay. 22 MS. WEMPE: Would you prefer that I begin 23 with argument or just call my first witness? 24 THE COURT: Why don't you just call your 25 first witness. 3 1-11 1 MS. WEMPE: I would like to call Tom Pallis 2 to the stand . 3 Whereupon, THOMAS E. PALLIS, having been 4 duly sworn, testified as follows: 5 DIRECT EXAMINATION 6 BY MS. WEMPE: 7 Q Tom, could you please state your full name 8 for the record? 9 A Thomas E. Pallis. 10 Q What is your marital status at this time? it A Married but separated. 12 Q And when were you married? 13 A August 26th, 1993. 14 Q What's the name of your wife? 15 A Rachel Susan Pallis. 16 Q Is she present in the courtroom at this 17 time? 18 A Yes, ma'am. 19 Q Do you have any children from this marriage? 20 A Yes. 21 Q What are their ages and their names? 22 A Rowan Pallis. And she is three and a half. 23 And we have a son Jack, who is five and a half months old. 24 Q what is your present occupation? 25 A I am a computer contractor. 4 1 Q And for whom do you work? 2 A ACS Government Solutions Group. 3 Q And what is the status of your position. 4 A I am on unpaid leave. 5 Q Okay. And you currently work, although you 6 are on leave, where do you currently work? 7 A For ACS Government Solutions Group. 8 Q I understand it is a national corporation? 9 A Oh, yes, yes. It is a national corporation. 10 Q And which office are you located? 11 A My office is located in Georgia that I come 12 out of. And they are trying to find me a position here in 13 Pennsylvania. 14 Q Prior to your taking temporary leave, where 15 did you go to work on a day-to-day basis? 16 A In Massachusetts. 17 Q Where do you intend to work once you are no 18 longer on leave? 19 A In Pennsylvania. 20 Q What was your previous occupation? 21 A I was in the United States Navy. 22 Q And when did your military service end? 23 A May 23rd, 1998. 24 Q Why did you retire from the military 25 service? 5 1 A To get stability from my wife and family and 2 have, you know, a more structured homelife without the 3 uncertainty of me leaving to go to whatever the needs of 4 the military would be. 5 Q Okay. What was your state of residence 6 while you were in the service? 7 A Pennsylvania. 8 Q And why was that? 9 A Because it was always my intention, along 10 with my spouse's, to move back to Pennsylvania or closer 11 between families. 12 Q And when you retired from the military, why 13 did you accept a position in Massachusetts? 14 A Well, I accepted a position with my company, 15 with them trying to transfer me to Pennsylvania. And 16 Massachusetts was the closest I could get to Pennsylvania 17 at the time. And Massachusetts would be a three and five 18 hour drive to our families as opposed to a twelve and 19 fifteen hour drive from Illinois. 20 Q Would you have preferred to have taken a 21 position in Pennsylvania? 22 A Yes, ma'am. 23 Q Are you from Pennsylvania? 24 A Yes, ma'am. 25 Q And you were raised in Pennsylvania? 6 ? f? 1 A For the most part of my life, yes, ma'am. 2 Q How soon after you moved to Massachusetts 3 did your family follow you from Illinois? 4 A About three weeks. 5 Q When was Jack born? 6 A May 2nd, 1999. 7 Q After moving to Massachusetts, how soon did 8 you begin exploring job possibilities in Pennsylvania? 9 A Immediately. 10 Q So is it fair to say that the entire time 11 you lived in Massachusetts your intention was to move to 12 Pennsylvania? 13 A Yes, ma'am. 14 Q When you found a job. Did you and Rachel 15 ever discuss that intention? 16 A Yes, ma'am. 17 Q So as far as you believed, you both intended 18 to leave Massachusetts for Pennsylvania as soon as you 19 found a job here? 20 A Yes, ma'am. 21 Q While you lived in Massachusetts did you 22 and/or your family ever take any trips or vacations? 23 A Yes, ma'am. 24 Q Where did you go? 25 A New Jersey and Pennsylvania, visiting 7 I family. 2 Q Did Rachel ever take any vacations or trips 3 alone while y ou stayed in Massachusetts? 4 A Yes, ma'am. 5 Q Where did she go? 6 A Either New Jersey or Pennsylvania. 7 Q So she would visit Pennsylvania with the 8 children? 9 A Yes, ma'am. 10 Q And with whom did she stay when she came to 11 Pennsylvania? 12 A My mother. 13 Q When did you leave Massachusetts? 14 A September 20th of this year. 15 Q From the time you moved to Massachusetts, in 16 the beginning of February I believe, to the time you left, 17 do you have any idea of how many days your family with or 18 without you al ong, meaning Rachel and the children, how 19 many days do you estimate was spent outside of the State of 20 Massachusetts? 21 A I figured it out to be about eighty-three 22 days, plus or minus a few days. 23 Q So for the approximate seven months you 24 lived in Massa chusetts -- 25 A The majority of the time I spent out of that 8 I state. 2 Q well, approximately three months of those? 3 A Right. 4 Q Just briefly, very briefly, describe the 5 circumstances that led to your moving from Massachusetts to 6 Pennsylvania? 7 A well, for our entire marriage, my wife had 8 always been saying that she was going to leave. And with 9 those fears in mind, on September 14th, she left for an 10 appointment, didn't tell me where she was going. And four 11 hours later I got a phone call saying that she was going to 12 be admitted to the inpatient ward at Holyoke Hospital. The 13 following day I brought the things that she wanted. we 14 talked a little bit. And she told me that she tried to get 15 into my firearm case and shoot herself. And that's why she 16 went to the hospital on the 14th. 17 Q okay. 18 A So, you know, with that in mind, I went and 19 saw her everyday, brought her all the things that she 20 wanted. And in her conversations, you know, I was kept 21 from any part of her care. I had no idea what was going 22 on. Her mother and stepfather knew more of what was going 23 on than I did. And, you know, I just had the feeling that 24 she was making plans to do something. And then she told me 25 that she was going to continue her care in New Jersey. And 9 1 then at that point, you know, I knew that it was pretty 2 much over. A nd I had to take care of myself. 3 Q So you took her indication to you that she 4 wanted to res ume her treatment in New Jersey, you took that 5 as an indicat ion that she wanted to separate as far as your 6 marriage was concerned? 7 A Yes, ma'am. 8 Q Now, when you left -- after that time, is 9 that when you came to Pennsylvania? 10 A Yes, ma'am. 11 Q When you left, did you take the children 12 with you? 13 A I took my son Jack with me. 14 Q Where was Rowan at that time? 15 A My daughter was with my mom down at the 16 Delaware shore. 17 Q And was that on a pre-planned vacation that 18 was intended? 19 A Yes, ma'am. 20 Q Why did you take the children, or I am 21 sorry, why did you take Jack with you? 22 A To get family support and be around family, 23 to, you know, have help during the stressful times of, you 24 know, dealing with my wife being in the hospital and the 25 uncertainty of our marriage and our children. 10 I Q So would there have been anyone available in 2 Massachusetts had you decided to stay with Jack, and then 3 once Rowan came back from her vacation, would there have 4 been anyone to help you take care of the children? 5 A No, ma'am. 6 Q And that's why you decided to go to 7 Pennsylvania? 8 A Yes, ma'am. 9 Q Did you have any indication as to when 10 Rachel would be released from the hospital? 11 A She speculated. But there was really no 12 definitive day. She said she would be there at least a 13 week, possibly longer. 14 Q Now, going back just a little bit. During 15 the time that you lived in Massachusetts, from what state 16 was your driver's license issued? 17 A Pennsylvania. 18 MS. LINDSAY: Objection, Your Honor. This 19 is not an index of residence. It may be an index of -- an 20 indicie of domicile -- 21 THE COURT: You are making a legal argument 22 that comes at the end. I don't know whether what you are 23 about to say is correct or not. But in the meantime, it is 24 evidence. 25 MS. WEMPE: Our intention is to show the 11 n e^ 1 intention of these parties to move to Pennsylvania and our 2 argument as t o why Massachusetts is not the proper forum. 3 THE COURT: Okay. Go ahead. 4 BY MS. WEMPE: 5 Q where are your cars insured? 6 A Pennsylvania. 7 Q And they were registered and titled? 8 A Pennsylvania. 9 Q Did you have a bank account? 10 A Yes, ma'am. 11 Q And where was that bank account located? 12 A Pennsylvania. 13 Q In what state did you file tax returns? 14 A Pennsylvania. 15 Q Where did you register to vote? 16 A Pennsylvania. 17 Q And did you vote in the last election? 18 A The last presidential election, yes, ma'am 19 by absentee ballot. 20 MS. WEMPE: Permission to approach the 21 witness? 22 THE COURT: Go ahead. 23 BY MS. WEMPE: 24 Q I am going to show you what has been 25 pre-marked as Plaintiff's Exhibits for identification 1 12 1 through 7. Could you just look through those briefly? 2 Do you recognize those documents? 3 A Yes, ma'am. 4 Q Could you briefly tell the court what each 5 one of those is? 6 A This is my Pennsylvania financial 7 responsibility identification card. This is the title of 8 Pennsylvania residential for my title on the car. This is 9 the bank statement from my bank here in Pennsylvania for 10 Commerce Bank. This is the income tax return that my wife 11 and I both filed jointly to the State of Pennsylvania. We 12 owed money. This is my Pennsylvania title, a copy of it. 13 This is my Pennsylvania driver's license. And this is a 14 document from when I first entered into the military 15 stating what I claimed my legal residence to be. And that 16 was Pennsylvania also. 17 Q Now, some of these documents have addresses 18 listed on them that are not Pennsylvania. For instance, 19 your driver's license, although it is a Pennsylvania 20 driver's license, it is a Waukegan, Illinois, address. 21 A Yes. 22 Q Just explain to the court why there are 23 different addresses? 24 A They are different address because, you 25 know, in our travels and our moves, whether it be with the 13 1 military or the company I worked for, our intentions were 2 always to move back to Pennsylvania. So I maintained 3 everything for Pennsylvania. So when we came to 4 Pennsylvania i t would be just a matter of changing 5 addresses. 6 Q So it was for convenience, because you 7 intended to return to the state? 8 A Yes, ma'am. 9 Q Tom, do you have any family in 10 Massachusetts? 11 A No, ma'am. 12 Q Do you have any -- other than co-workers, do 13 you have anyone you consider a friend? 14 A No. 15 Q Was Rowan in day-care or Jack in day-care at 16 the time they lived in Massachusetts? 17 A No, ma'am. 18 Q To your knowledge, does Rachel have any 19 family in Massachusetts? 20 A Not that I know of. 21 Q Is Rowan presently in preschool? 22 A Yes, ma'am. 23 Q Or day-care. Is Jack? 24 A No, ma'am. 25 Q And how is Jack being cared for? 14 I A By myself. 2 Q And you are taking care of him full-time? 3 A Yes, ma'am. 4 Q If Jack and Rowan remain in Pennsylvania, do 5 you have plans for their care during your work hours? 6 A Yes, ma'am. 7 Q And what would those plans be? 8 A My daughter will continue to go to preschool 9 full-time. And I would negotiate hours to work half days 10 or do the majority of my time in flex time so I could have 11 my son in day-care only in half days, so I could spend the 12 majority of the time with him. 13 Q And the preschool that you would have Rowan 14 in, would that continue to be the same preschool that she 15 is in and attending at this time? 16 A Yes, ma'am. 17 Q If this court were to decide that it does 18 have jurisdiction to hear the custody dispute between you 19 and Rachel, would the court have available to it 20 information about Rowan and Jack regarding their day-care, 21 preschool, housing, their activities, and their 22 relationships with family and friends? 23 A Yes, ma'am. 24 Q Going back again just a little bit. When 25 Rachel was in the hospital, did you have any conversations 15 1 regarding the future of your marriage? 2 A Yes, ma'am. 3 Q And when you had these discussions, did 4 Rachel seem aware of what you were talking about, what was 5 going on? 6 A She was very clear. 7 Q So it didn't appear that if she was under 8 any medication it was affecting her thinking -- in your 9 opinion? 10 A Right. In my opinion, I think she fully 11 understood what we were discussing. 12 Q And based on those discussions, where did 13 you intend to file for divorce? 14 A Pennsylvania. 15 Q And did you memorialize any of those 16 intentions in a writing? 17 A Yes, ma'am. 18 Q Again, in your opinion, when you 19 memorialized this writing, did you have the impression that 20 Rachel was un der any duress? 21 A No, ma'am. 22 Q Or that she didn't understand? 23 A No, ma'am. 24 MS. WEMPE: Permission to approach the 25 witness? 16 I THE COURT: Yes. 2 BY MS. WEMPE: 3 Q I am going to show you what has been 4 premarked as Plaintiff's Exhibit for identification No. 8. 5 Do you recogn ize that document? 6 A Yes, ma'am. 7 Q And what is it? 8 A My wife titled it the start of our property 9 separation. 10 Q Okay. Is that written in your handwriting 11 or your wife's handwriting? 12 A In my handwriting. 13 Q Does your signature appear on that document? 14 A Yes, ma'am. 15 Q And does Rachel's? 16 A Yes, ma'am. 17 Q Is the document dated? 18 A Yes, ma'am. 19 Q And what is the date? 20 A September 19th, 1999. 21 Q Is that for both your signature and 22 Rachel's? 23 A Yes. 24 Q Could you read for the court what is written 25 on the second page of the document? 17 1 A Think about visitation. Think about kids' 2 stuff. File for divorce in Pennsylvania. Think about 3 filing together. 4 Q Okay. So you discussed with Rachel the 5 plan? 6 A She discussed with me. 7 Q Okay. So the plan, as far as you knew, was 8 to file for divorce in Pennsylvania? 9 A Yes, ma'am. 10 Q And that would be after you fulfilled the 11 residency requirement of six months? 12 A Yes, ma'am. 13 Q And, now, as indicated in that paper, did 14 you and Rachel discuss plans as far as anything that's not 15 in here as far as visitation and the children's belongings? 16 A No, ma'am. 17 Q Okay. So that was going to be discussed 18 later? 19 A At a later date. 20 Q Okay. Did you communicate to Rachel your 21 intention to leave Massachusetts and stay in Pennsylvania 22 with your family? 23 A The following day, yes. 24 Q Did you and Rachel ever discuss what her 25 plans were upon leaving the hospital? 18 1 A I am sorry. Say that again. 2 Q Did you and Rachel ever discuss what her 3 plans were when she was released from the hospital? 4 A Yes, ma'am. She told me that Sunday evening 5 that she was going to continue her treatment, once again, 6 in the state of New Jersey. That she was going to go to 7 school full-time in New Jersey. She was going to work 8 full-time in New Jersey. She told me that her father was 9 going to give her a security deposit and five months rent 10 so she could live at the outer edge of New Jersey or 11 possibly in Dingsman Ferry or Milford, Pennsylvania. 12 She also said that her mother was going to allow her to 13 live with her for a couple of weeks until she got things 14 situated. 15 Q This isn't the first hearing you have 16 attended regarding your children, is it? 17 A No, ma'am. 18 Q Did you attend a hearing in Massachusetts on 19 October 8? 20 A Yes, ma'am. 21 Q Did Rachel also attend that hearing? 22 A Yes, ma'am. 23 Q Did she have witnesses present whom you 24 believe were there to testify on her behalf? 25 A Yes, ma'am. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you know who those witness were? A I believe it was her psychiatrist. Q Was anything said by one of those witnesses that led you to believe that Rachel still intends to relocate to New Jersey? A Yes, ma'am. MS. LINDSAY: Objection, Your Honor. That would be hearsay. THE COURT: Sustained. BY MS. WEMPE: Q Based on what transpired at that hearing, was it your belief that Rachel intended to relocate to New Jersey and was not going to remain in Massachusetts? A Yes, ma'am. Q Do you know where Rachel has been staying since leaving the hospital in Massachusetts? A She has been staying the majority of the time I believe in New Jersey and in Massachusetts. Q Okay. And how would you know where she has been staying? A By the caller ID on the phone. And when Rowan has wanted to talk to her mom, we would call Massachusetts, and we would get her house sitter saying that she wasn't home. And then we would turn around and call New Jersey, and she would talk to her daughter there 20 1 -- or her mother there. 2 Q When she had visitation with the children, I 3 believe a week or so ago, do you know where she stayed with 4 the children? 5 A In New Jersey. 6 Q And how do you know that? 7 A Because we had a prearranged meeting at 8 Lehigh Valley Mall in Pennsylvania. And all the calls, 9 when I went to talk to my daughter that evening, I called 10 New Jersey. And I was able to talk to her. 11 Q To the best of your knowledge, is there 12 anything or any person in Massachusetts that would 13 influence your decision to stay in the area? I guess what 14 I am trying to get at, is there anything in Massachusetts 15 that would keep you there? 16 A No, ma'am. 17 Q Why do you think this case should be 18 litigated in Pennsylvania as opposed to Massachusetts? 19 A Because this is where I spent the majority 20 of my time. And this is where I have family support. 21 Q So to the best of your knowledge, anything 22 involving Rowan and Jack, and what you believe would be 23 important in determining this custody issue, would be in 24 Pennsylvania and not in Massachusetts? 25 A Yes, ma'am. 21 1 MS. LINDSAY: Objection, Your Honor. 2 Leading question. 3 THE COURT: He has already answered it. 4 MS. WEMPE: I have nothing further. 5 CROSS-EXAMINATION 6 BY MS. LINDSAY: 7 Q Sir, what year were you born in? 8 A September 13th, 1971. 9 Q And were you born and raised in 10 Pennsylvania? 11 A No. I was born in New Jersey but raised in 12 Pennsylvania. 13 Q From what age to what age? 14 A I lived in New Jersey from the time I was is born until about I think thirteen. 16 Q The age of thirteen? 17 A I think that's about right. And then from 18 then I lived in Pennsylvania. 19 Q Okay. 20 A Up until my service. 21 Q Did you graduate from high school here? 22 A No. I graduated from high school in New 23 Jersey. I moved back for a period of one year to live with 24 my father, a year and a half. 25 Q Okay. So you lived in New Jersey until you 22 1 were thirteen, moved to Pennsylvania, did your senior year 2 in New Jersey, is that correct, and graduated there? 3 A Yes, ma'am. 4 Q And then did you move back to Pennsylvania 5 after that? 6 A I stayed... 7 Q Or did you enlist directly from the 8 military -- 9 A No. I stayed with my father, but I was 10 kicked out the majority of the time. And I really had no 11 place to really stay. I stayed with friends. I stayed 12 with family. I would go to Pennsylvania. 13 Q At what office of the United States Navy did 14 you sign up? 15 A Which office? 16 Q Yes. 17 A It was out of Newark, New Jersey. 18 Q Out of Newark, New Jersey. So you signed up 19 for the military without moving really back to 20 Pennsylvania, am I correct? 21 A Prior to my enlistment, prior to me leaving, 22 I lived in Pennsylvania for three months before I finally 23 left for that day that I had to go to boot camp. 24 Q And so your military home of record you 25 declared to be Pennsylvania? 23 /1 1 A Pennsylvania. 2 Q And the military let you declare whichever 3 state you wished? 4 A Yes, ma'am. Because I had changed my 5 address back to Pennsylvania. 6 Q So for those three months you were back 7 here, and you declared Pennsylvania your military home of 8 record, is that right? 9 A Yes, ma'am. 10 Q And that permitted you to maintain a 11 driver's license in Pennsylvania? 12 A Yes, ma'am. 13 Q Is that right? And to vote in Pennsylvania? 14 A Yes, ma'am. 15 Q And this is an accommodation the military 16 gives to its members, am I correct? 17 A That's an accommodation to any person living 18 in the United States. Whatever state they want to live in 19 they can claim, yes, ma'am. 20 Q As long as they are in the military? 21 A No, ma'am. As long as they are in -- from 22 talking with people, it is wherever you claim home to be, 23 that's where home is. 24 Q So you think that you could claim Texas to 25 be your home if you wanted to and get a license there? 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 --. A If that's where I wanted to live, yes, ma' am. Q Well, do you think it is related to where you want to live, or do you just say I think I will be a Texas resident now? A I don't understand what you are trying to say. Q Well, you suggested that it is your understanding that not just people in the military, but anybody can claim a state as their home, is that correct? A If their intentions are to live there at some point in their life, yes. You file non-resident income tax returns for that state and file tax returns to the state that you are claiming residency of. Q But it is fair to say that you never lived for four weeks in a row in Pennsylvania until you came here with your children in September? After you left, yom never lived four weeks in a row in Pennsylvania? A No, ma'am. Q Isn't that correct? A Yes, ma'am. Q All right. So during your service time, Pennsylvania was your home of record? A Yes, ma'am. Q But during your service time you never spent 25 n I more than, maybe a couple, three weekends, per year in 2 Pennsylvania, is that correct? 3 A That's correct. 4 Q You all were married in 1993 I think you 5 said? 6 A Yes, ma'am. 7 Q And where were you married? 8 A In New Jersey. 9 Q And after you were married, did you stay in 10 New Jersey, or did the military assign you somewhere? 11 A We went to California. 12 Q Okay. Immediately after your -- 13 A I left for California I think maybe a week 14 after we were married. 15 Q All right. 16 THE COURT: Can I get a time frame again on 17 this? The marriage was when? 18 THE WITNESS: August 26, 1993. 19 BY MS. LINDSAY: 20 Q And a week later you went to San Diego, you 21 and Rachel together, is that correct? 22 A No. Rachel followed me, I think it was 23 about a month and a half, two months after. 24 Q Was your child Rowan born in San Diego or 25 someplace else? 26 1 A She was born in San Diego. 2 Q And you and Rachel and Rowan stayed in San 3 Diego. Did you have an apartment there? 4 A Yes, ma'am. 5 Q And did you pay rent for that apartment? 6 A Yes, ma'am. 7 Q Then where did you move after that? 8 A To Waukegan, Illinois. 9 Q when did you move to Waukegan, Illinois? 10 A April of 196. 11 Q And were you still in the military at that 12 time? 13 A Yes, ma'am. 14 Q Did you have military quarters there, or did 15 you and Rachel live in an apartment -- 16 A Oh, no. We rented an apartment because we 17 didn't l ike military housing. 18 Q Okay. And you lived there from 1996 until 19 you left the military, am I correct? 20 A I left the military in May of 198, but we 21 remained there until January of '99. 22 Q You didn't really retire from the military, 23 did you? 24 A No. I had an Honorable discharge. I have 25 to serve twenty years to retire. 27 I Q okay. Now, do you have any idea where 2 Rachel's driver's license was? 3 A Pennsylvania also. 4 Q She had a Pennsylvania license? 5 A Yes, ma'am. 6 Q And when you filed your tax returns in 7 Pennsylvania, did she file tax returns in Pennsylvania or 8 someplace else? 9 A For which period? 10 Q While you were living in Waukegan? 11 A I believe she filed a Waukegan tax return -- 12 or an Illinois return. 13 Q So she filed an Illinois tax return, but the 14 military cause s you to file a Pennsylvania one, because 15 Pennsylvania i s your home of record, right? 16 A Yes. 17 Q And did she have a job in Waukegan? 18 A Yes, ma'am. 19 Q And was your daughter in day-care? 20 A Yes, ma'am. 21 Q She was? 22 A Yes. 23 Q So you got an Honorable discharge in May of 24 '98, and you got this job with ACS, is that right? 25 A Yes, ma'am. 28 I Q And are you an employee, or are you a 2 contractor f or ACS? 3 A I am an employee for ACS. ACS is a 4 contract ing company. 5 Q And they are a contracting company that 6 works on mil itary installations, is that correct? 7 A For the most part. 8 Q And they reassigned you to Massachusetts, am 9 I right? 10 A Yes. 11 Q So you moved to Massachusetts in January of 12 1999, is that correct? 13 A The very end of January 199. 14 Q And Rachel followed you with your child on 15 or about February 8th, 1999? 16 A Yes, ma'am. 17 Q And you leased an apartment, did you not, in 18 Holyoke, Massachusetts? 19 A Yes, ma'am. 20 Q And what's the name of your lessor? From 21 whom did you lease the apartment? 22 A The apartment name was Cherry Hill Estates, 23 but they went by Renaissance Realty I believe. 24 Q Now, you weren't in the military any longer, 25 am I corr ect? 29 11_, 1 A That's correct. 2 Q But you didn't get a Massachusetts driver's 3 license? 4 A No. I maintained my Pennsylvania residency. 5 My wife and I both filed an Illinois non-resident tax 6 return, getting all of our money back and paid 7 Pennsylvania. 8 Q So do you know how long you have in order to 9 get a Massachusetts license once you are residing in the 10 state? 11 A I have no idea, because I have no intentions 12 of getting a Massachusetts license. 13 Q So whatever Massachusetts law says about 14 that, you were -- 15 A I never claimed residency of Massachusetts. 16 Q How do you do that? 17 A I was told by maintaining residency in a 18 state that you want to live, that that's where you -- and 19 you file the income tax returns. So I was doing what I had 20 been led to believe by an accountant. 21 Q The last tax return you filed, however, was 22 the 198 return, is that correct? 23 A Yes, ma'am. 24 Q And that return was filed for tax year 25 ending on December 31st, 1998? 30 1 A Right. Which had to be filed by April 1st 2 of '99. 3 Q And that tax return was filed for a year in 4 which you liv ed in Michigan, am I right? 5 A Illinois. 6 Q Illinois, excuse me. Illinois. All right. 7 You haven't filed any returns for 199 yet, have you? 8 A No, ma'am. Because that will be the 9 following year. 10 Q Now, where was your actual physical work 11 located while you were living in Massachusetts? 12 A Massachusetts. 13 Q Where though? 14 A At Westover Air Force Base in Massachusetts. 15 Q Did you go to work there most days? 16 A Monday through Friday. 17 Q Monday through Friday is your job. Okay. 18 And you worked there until -- what date did you stop 19 working at that job? 20 A September 14th. 21 Q Of this year? 22 A I still work for the company. I just -- I 23 took emergency leave September 14th. 24 Q Okay. You took emergency leave September 25 14th, and then are you still on emergency leave? 31 1 A No, ma'am. 2 Q What are you on now? 3 A Unpaid leave. 4 Q So you are unemployed at the moment or you 5 are employed or -- 6 A I am employed by that company. 7 Q Okay. And you are on unpaid leave. Have 8 you been reas signed to Pennsylvania? 9 A They are currently reassigning me to 10 Pennsylvania. 11 Q Have you yet been reassigned to 12 Pennsylvania? 13 A No, ma'am. 14 Q When did you make the request to be 15 reassigned to Pennsylvania? 16 A September 14th. Or when I left and got here 17 I told them wh at the problems were going on. 18 Q You made the request after you had 19 physically left the state with the children, am I correct? 20 A Yes, ma'am. 21 Q And that was on or about September 20th, 22 1999, am I rig ht? 23 A Yes, ma'am. 24 Q At the time your wife was hospitalized? 25 A Yes, ma'am. 32 I Q And you left without giving her advance 2 notice, am I right? 3 A I left -- that's what I was told to do. 4 Q You filed a complaint for custody on or 5 about -- in Pennsylvania, on or about September 21st, 1999, 6 is that right? 7 A Yes, ma'am. 8 Q That's the day after you left Massachusetts? 9 A Yes, ma'am. 10 Q How soon prior to your leaving Massachusetts 11 were you in touch with Pennsylvania counsel? 12 A The Friday evening after my wife expressed 13 her continuing treatment in New Jersey. 14 Q Give me a date? 15 A September 17th. 16 Q You contacted Pennsylvania counsel on 17 September 16th? 18 A It was the Friday -- whatever day it was. 19 It was either the 16th or the 17th. If you will give me a 20 calendar, I will give you the exact date. 21 Q Did you rent a U-Haul or some other kind of 22 vehicle for taking your things? 23 A Yes, I did. 24 Q And what day did you pick up that U-Haul? 25 A I picked it up on Saturday evening. 33 tol? F `, 1 Q What day would that have been, the 17th? 2 A If that was the Saturday, yes, ma'am. 3 Q And you were visiting your wife in the 4 hospital every evening? 5 A Yes, ma'am. 6 Q Up until you left? 7 A Yes, ma'am. 8 Q You didn't tell her you had a U-Haul at your 9 home? 10 A No, ma'am. I was doing what I was told to 11 do. 12 Q You didn't tell her you were packing up the 13 U-Haul? 14 A No, ma'am. 15 Q But you were packing up the U-Haul? 16 A Yes, ma'am. 17 Q And preparing to take your children and 18 furnishings out of the house and move to Pennsylvania? 19 A Yes. I only took the children's things. 20 Q And you had it arranged that you would file 21 a complaint for custody as soon as you got here, is that 22 right? 23 A Yes, ma'am. 24 Q And then you would notify your employer and 25 ask him to transfer you to Pennsylvania? 34 1 A I had already been talking with my employer. 2 He knew everything that was going on also. I talked to him 3 through the weekend. 4 Q I believe it was your testimony that you 5 didn't put in the request for a transfer -- 6 A There was no formal -- 7 Q Excuse me. Let me ask you the question. I 8 believe it was your testimony that you didn't put in your 9 request for a transfer until after you were in 10 Pennsylvania, is that correct? 11 A The formal request by my boss, that is 12 correct. 13 Q And it is true you didn't tell your wife you 14 were leaving? You actually tried to notify her social 15 worker at the hospital, is that right? 16 A Yes, ma'am. And then I was going to call 17 her after. 18 Q You were? 19 A But I was doing what I was told to do. 20 Q Sir, your second child Sack was born in 21 Massachusetts, am I correct? 22 A That's correct. 23 Q What hospital was he born at? 24 A Bay State Medical Center. 25 Q okay. And your wife had prenatal care in 35 n 1 Massachusetts? 2 A Some prenatal care in Massachusetts, yes. 3 Q And the child's pediatrician was in 4 Massachusetts, am I correct? 5 A Yes, ma'am. 6 Q And actually Rowan's pediatrician is in 7 Massachusetts, am I right? 8 A Yes. 9 Q And the reason there is no day-care in 10 Massachusetts is that your wife didn't work while you lived 11 in Massachusetts, am I correct? 12 A That is correct. 13 Q Your wife was hospitalized in Massachusetts, 14 am I right? 15 A Yes, ma'am. 16 Q And you have alleged in your petition for 17 special relief that she is unstable and unfit to take care 18 of your childr en, am I right? 19 A Their emotional needs, yes, ma'am. 20 Q And her psychiatrist is in Massachusetts, am 21 I correct? 22 A I believe so. 23 Q And, in fact, that's the psychiatrist you 24 testified has appeared at three different hearings set in 25 Massachusetts, looking for an opportunity to testify, am I 36 10 1 eo*N 1 right? 2 A I have only seen him present at one. 3 Q Now, I want you to take a look at your 4 Exhibit No. 8, which is set up there. Do you have that, 5 sir? 6 A It is right there, ma'am. 7 Q Now, sir, the date on that proposed property 8 distribution is September 19th, 1999, is that right? 9 A Yes, ma'am. 10 Q A couple days after you had already packed 11 up the U- Haul? 12 A It was the day that I actually packed up the 13 U-Haul. 14 Q This was made after the fact, however, am I 15 right? 16 A This was done on a Sunday. I picked up the 17 U-Haul on September 18th. I remember this date clearly. 18 So it was September 18th that I picked up the U-Haul. 19 September 17th that we discussed when she was going to New 20 Jersey. 21 Q Now, Exhibit 8 has two pages? 22 A Yes, ma'am. 23 Q And the top of Exhibit 8 is signed by both 24 you and your wife, is that correct? 25 A Yes, ma'am. 37 ? r 1 Q Well, the second page is not? 2 A It was because she refused to sign the back 3 page. And it was also written in the same pen. The 4 psychologist photocopied that for us and looked at both 5 pages. 6 Q So she refused to sign the second page? 7 A I have no idea. She just didn't sign it. 8 Q That's the one that said file for divorce in 9 Pa.? 10 A Yes, ma'am. 11 Q That was your idea, was it not? 12 A No, it wasn't. She told me that she talked 13 to a legal aid at the inpatient ward who told her all the 14 things -- 15 MS. LINDSAY: Objection. 16 THE COURT: It goes to state of mind 17 impression. I am not going to admit it for the truth of 18 anything asserted in the statement. Go ahead. 19 THE WITNESS: She had seen a legal aid while 20 she was in inpatient at the Holyoke Hospital concerning 21 other matters that she has pending against her. And while 22 she was talking about those matters, she asked about where 23 she had to file for divorce. And she told me the legal aid 24 told her Pennsylvania. 25 BY MS. LINDSAY: 38 ,•? 1 Q But the first two lines on this second page 2 of Exhibit 8 say think about visitation. Think, I guess, 3 about kids' stuff, is that right? 4 A Yes, ma'am. 5 Q But it is your testimony that it is your 6 handwriting and that --- 7 A Yes, ma'am. On the same sheet of paper. It 8 was just turned over, because we ran out of room, yes, 9 ma'am. 10 Q Although you had already packed up all the 11 children's t hings to take with you? 12 A I was doing what I was told, yes, ma'am. 13 Q Somebody told you to leave Massachusetts, 14 take your ch ildren and their things, while your wife is in 15 the hospital , and move to Pennsylvania, is that right? 16 A Yes, ma'am. 17 Q Now, your daughter Rowan was not in day-care 18 before Septe mber 20th, 1999, in the State of Pennsylvania, 19 am I correct ? 20 A That's correct. 21 Q After you filed your petition, you put her 22 in day-care, is that right? 23 A Yes, ma'am. 24 Q Why did you do that if you are available 25 full-time to take care of her? 39 1 A To give her some structure and stability and 2 be around kids of her age for social interaction. She did 3 very well in Chicago when she was in day-care. She loved 4 it very much. And I wanted to provide that for her. My 5 wife and I intended to do it. 6 Q Even though you were available to take care 7 of her? 8 A Yes, ma'am. 9 Q And you have her in full-time day-care all 10 day long five days a week? 11 A Yes, ma'am. 12 Q And she needs all that for social 13 instruction, is that right? 14 A She goes at 9:30, and I pick her up at 4:00. 15 Q You have a mother and a sister -- a mother 16 and a brother who reside in this state? 17 A Yes, ma'am. 18 Q The bank account, I noticed that -- at 19 Commerce Bank is in your name alone? 20 A Yes, ma'am. 21 Q Rachel didn't have access to this account? 22 A No. She did not. 23 Q Do you have a joint account anywhere? 24 A I believe we had one in Massachusetts. 25 Q You did have a joint account? 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 n A It was at Bank Boston. She got on it afterwards. But we never used that account as a primary checking account. Q But you did have a checking account in the state? A I believe so. Q How much was your rent? A Where? Q In Massachusetts. A $680.00. Q Have you been paying the rent? A I paid September's rent. And I was told by my attorneys that if she wants to remain there that she can continue the rent. My name is off the lease. Q How did you do that? A I wrote a letter -- I contacted the office and spoke with them. And they told me to write a letter and mail them the keys. And I did just that. Q Did you take your name off the lease after September 20th, 1999? A Yes, ma'am. Q Before that you were an obligor on that lease? A That's right. And that's why I paid September's rent. 41 1 Q During the period between February 8th, 2 1999, when your wife and child joined you in Massachusetts, 3 and September 20th, 1999, when you left, were you assigned 4 someplace for training for a period of about five weeks? 5 A Yes, ma'am. 6 Q Where was that? 7 A Mississippi. 8 Q And the times that your wife and children 9 spent in New Jersey and Pennsylvania over the past seven or 10 eight months were largely during that period of time while 11 you were gone, is that correct? 12 A No, ma'am. That was prior to, during and 13 after the period of me being in Mississippi. 14 Q Isn't it true that from February 9th, 1999, 15 or February 8th, 1999, until the beginning of May you made 16 no trips to Pennsylvania? 17 A No. We made one trip to Pennsylvania I 1s believe in that time. 19 Q When was that? 20 A I don't recall the exact month. 21 Q So you are not exactly sure when -- 22 A No. Not exactly sure. But we spent a 23 majority of the time in New Jersey at my mother-in-law's 24 house. 25 Q And, in fact, New Jersey was the place where 42 -? r, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you had your furnishings sent after you left the military? A Yes, ma'am. Q And so you and your wife were making frequent trips -- A Wait a second. After I left the military we remained in Illinois. And then I worked for ACS. And then when I got transferred from ACS we moved our belongings to New Jersey temporarily. Q And they were just for storage? A Yes, ma'am. Q And you and your wife made trips to New Jersey to pick up the furnishings and bring them back, is that correct? A What do you mean? We made trips in the very beginning, yes, ma'am. But then after that we made trips to visit with her family. Q So you had all of your furnishings with you in Massachusetts? A After a period of a couple weeks. MS. LINDSAY: No other questions. REDIRECT EXAMINATION BY MS. WEMPE: Q After you moved to Massachusetts, upon retiring from the military six months prior I believe, you never got a driver's license in Massachusetts, correct? 43 1 A No, ma'am. 2 Q And you never had your cars reinsured in 3 Massachusetts or titled in Massachusetts? 4 A No, ma'am. 5 Q And that was because you intended to 6 relocate to Pennsylvania as soon as you could get a job 7 transfer? 8 A Yes, ma'am. 9 Q When you left Massachusetts to come down to 10 Pennsylvania in mid September, I can't remember the exact 11 date, the 19th or the 20th, everything you did with respect 12 to renting a truck, removing the children's belongings, 13 contacting an attorney, and eventually filing a custody 14 complaint in Pennsylvania, would you have done that had you 15 not had a conversation with your wife while she was in the 16 hospital, in which she indicated that you should separate 17 and eventually file for divorce? 18 A That's correct. 19 Q So had that conversation not taken place, 20 you wouldn't have taken the children here? 21 A No, ma'am. 22 MS. WEMPE: I have nothing further. 23 MS. LINDSAY: Nothing further. 24 THE COURT: Thank you. You can step down. 25 MS. WEMPE: Your Honor, at this time I would 44 e^ 1 like to call Pam Saylor to the stand. 2 Whereupon, MARQUERITE PAMELA SAYLOR, 3 having been duly sworn, testified as 4 follows: 5 DIRECT EXAMINATION 6 BY MS. WEMPE: 7 Q Could you please state your full name for 8 the record? 9 A Marguerite Pamela Saylor. 10 Q And Pam is the name that you -- 11 A Pam is the name that I go by, yes. 12 Q What is your occupation? 13 A I am a newspaper editor. 14 Q And what is your relationship to Tom? 15 A I am his mother. 16 Q And your relationship to Rowan and Jack? 17 A I am one of their two grandmothers. 18 Q Where do you reside? 19 A In Carlisle. Well, actually South Middleton 20 Township, 33 Apple Court. 21 Q And how long have you lived at that 22 residence? 23 A Twenty-one months. And prior to that I 24 lived about a mile, a mile and a half away, in the same 25 township since May of 1988. 45 1 Q How long have you lived in Pennsylvania? 2 A Since 1984 or 185. 3 Q And you have another son? 4 A Yes. 5 Q I believe it was mentioned you have another 6 son? 7 A Yes. An elder son. 8 Q Do you have any other family in 9 Pennsylvania? 10 A Yes. I have quite an extensive extended 11 family in South Middleton Township and in Hershey. My best 12 friend for the last thirty years and I consider ourselves 13 like sisters. Though we know that we are friends. But our 14 kids grew up together. And her kids baby-sat with my kids. 15 And her three children -- two of her three children live in 16 South Middleton Township. And they have children that -- 17 there is five children that are all around Rowan's age and 18 Jack, Jack and Megan. And then there is another daughter 19 who lives in Hershey. And she has a stepson, a son who is 20 six months younger than Rowan, and another baby on the way. 21 Q So essentially you have a very extended 22 family within a fairly short mile radius from your home? 23 A Right. Yes, we do. We are a very 24 networking family. 25 Q During Rachel and Tom's marriage, did they 46 r I ever come to visit you with the children in Pennsylvania? 2 A Yes, ma'am. 3 Q Did Rachel ever come alone with the children 4 without Tom? 5 A Yes, ma'am. 6 Q During those times did -- now, understanding 7 that Jack is not yet six months old, did the children have 8 contact with these other children you just mentioned whom 9 you say they have friendships or family relationships? 10 A Yes. They have a lot of contact. 11 MS. WEMPE: I have nothing further. 12 CROSS-EXAMINATION 13 BY MS. LINDSAY: 14 Q Your testimony was so brief. I assure you 15 the cross is brief. I just want to be clear. All those 16 people who li ve in Hershey and every place, those aren't 17 any relatives of yours, they are relatives of your 18 friend's? 19 A They are not my biological relatives. They 20 are my extended family and have been for thirty years. And 21 there is only one family that lives in Hershey. Everybody 22 else lives in the same township I live in. 23 Q And these are all the relatives of your 24 friend -- 25 A Right. Whom I consider my sister, but she 47 /-1 r`* ]. is not. 2 MS. LINDSAY: I understand. No other 3 questions. 4 MS. WEMPE: I just have something very 5 short. 6 THE WITNESS: I am much better on the other 7 side of the courtroom making notes for a newspaper. Okay. 8 REDIRECT EXAMINATION 9 BY MS. WEMPE: 10 Q Just very briefly. These friends that you 11 have in South Middleton that you have known for several 12 years, do you consider that relationship as close as you 13 would a family relationship of the same type? Do you 14 consider her your sister as you would if you had a sister.? 15 A Frankly I consider her closer. I consider 16 this family much closer, because we have been through for 17 the past thirty years we have been through a lot together 18 with our children, our own relationships, our jobs, our 19 home lives, the whole thing. So quite honestly, from some 20 families I think I consider this extended family closer 21 than a lot of other families would be. 22 MS. WEMPE: Okay. I have nothing further. 23 MS. LINDSAY: Nothing, Your Honor. 24 THE COURT: Thank you. 25 MS. WEMPE: That's the end of my testimony. 48 I At this time I would like to offer Exhibits 1 through 8. 2 MS. LINDSAY: I would just note, Your Honor, 3 I would offer this objection, and those would be relevance 4 objections. Home of record issues are not relevant to the 5 issue of residence. And with that exception, that's the 6 exception I would note. 7 THE COURT: Well, we will admit it subject 8 to your exceptions and without prejudice to you to continue 9 to argue those points. Go ahead. 10 MS. LINDSAY: Your Honor, I will call Rachel 11 Pallis. 12 Whereupon, RACHEL S. PALLIS, having been 13 duly sworn, testified as follows: 14 DIRECT EXAMINATION 15 BY MS. LINDSAY: 16 Q Ms. Pallis, would you give your full name 17 and your address for the record? 18 A Rachel Susan Pallis, 16 Maple Crest Circle, 19 Apartment I, Holyoke, Massachusetts, 01040. 20 Q When were you born? 21 A December 8th, 1972. 22 Q And where were you born? 23 A New Jersey. 24 Q You are married to Thomas Pallis? 25 A Yes, I am. 49 1 Q And he has correctly identified the date of 2 your marriage? 3 A Correct. 4 Q And has he also correctly identified where 5 you lived in t he course of your marriage? 6 A Yes. 7 Q Now, your first child, Rowan, was born in 8 San Diego, am I right? 9 A Correct. 10 Q Your second child, Jack, was born on what 11 day and where? 12 A May 2nd, 1999, at Bay State Medical Center 13 in Springfield , Massachusetts. 14 Q You moved to Massachusetts -- you, yourself, 15 and your daugh ter Rowan moved to Massachusetts on February 16 8th, 1999, is that right? 17 A Correct. 18 Q After you left Illinois and moved to 19 Massachusetts were you employed outside of your home? 20 A No. I was not. 21 Q You were providing full-time care for your 22 children? 23 A Correct. 24 Q Now, your son Jack was born in 25 Massachusetts, am I correct? 50 n 1 A Yes. 2 Q And what was the -- who provided you 3 prenatal care? 4 A Midwife Care Associates in Holyoke, 5 Massachusetts. 6 Q And was there a midwife in particular who 7 was involved i n your care? 6 A Jane Fray. 9 Q And did Jane Fray have an opportunity to 10 meet with you and observe you with your son -- 11 A Several opportunities. 12 Q You have got to let me finish the question. 13 She can't take two testimonies at the same time. 14 Q So she was a person who -- and if you were 15 having a custody hearing in Massachusetts, would you be 16 calling Jane Fray as a witness? 17 A Without question. 18 Q About your ability to parent children? 19 A Yes. 20 Q Now, your child did not go to day-care in 21 Massachusetts, is that right? 22 A No. 23 Q Why didn't Rowan go to day-care in 24 Massachusetts? 25 A I was home with her full-time during the 51 1 day. Tom and I had discussed putting her in part-time 2 day-care two to three mornings a week half day. 3 Q But you never did that? 4 A We never did that. 5 Q During the period of time between May of 6 1998 and -- excuse me, February of '99 and May of 199, did 7 you have opportunities to go to New Jersey? 8 A Yes. 9 Q And were those for extended periods of time 10 or weeken ds? 11 A Weekends. 12 Q And who did you visit in New Jersey? 13 A Either my mother or my father. 14 Q And they both live in New Jersey? 15 A Correct. 16 Q Did you also pick up some furnishings that 17 you had in -- 18 A Personal belongings that were left in New 19 Jersey. 20 Q Okay. And where did you bring those 21 personal belo ngings? 22 A To Holyoke, Massachusetts. 23 Q Is that where they remained except those 24 taken by your husband? 25 A Yes. 52 n 1 Q During the period between February of '99 2 and May of 199 did you come to Pennsylvania on any 3 occasions? 4 A Towards the very end of May. 5 Q But not the beginning? 6 A Not the beginning. 7 Q Were visits made to you in Massachusetts by 8 your husband's family? 9 A Yes. 10 Q Now, what happened -- your husband was 11 employed close to your home? 12 A Fairly close. 13 Q And he went to work in the normal course, is 14 that correct? 15 A Yes. 16 Q You were living in an apartment? 17 A Right. 18 Q And you had a lease? 19 A Correct. From February of this year through 20 March of next year. 21 Q And your husband has advised that he has now 22 removed himself from the lease, so it is your sole 23 responsibility? 24 A As I am told. 25 Q Did he make the lease payments however in 53 1 the course of your marriage? 2 A Yes, he did, through September of this year. 3 I have been no tified that the September rent check has been 4 returned twice by his bank. 5 MS. WEMPE: Objection to the answer. It is 6 irrelevant. 7 MS. LINDSAY: I believe -- 8 THE COURT: I will permit it. Go ahead. 9 THE WITNESS: October's rent has not been 10 paid to date. 11 BY MS. LINDSAY : 12 Q But you are still living in the apartment? 13 A Yes, I am. 14 Q Now, did there come a time in the summer of 15 1999 when your husband had a training session mandated by 16 his employer? 17 A Yes. He was sent to Mississippi for a five 18 week period. 19 Q And your son Jack had been born in May? 20 A Yes. 21 Q Do you remember approximately what five 22 weeks that was? 23 A June 6th or 9th through July 13th. 24 Q And did you take the opportunity of that 25 five week period to visit? 54 ^, e- 1 A Yes, I did. I spent two separate weeks in 2 Pennsylvania with Tom's family. Three of those weeks I 3 spent in New Jersey with different members of my family. I 4 did go back to Massachusetts on several occasions for 5 doctor appointmencs or things of that nature. 6 Q And why did you visit with family during 7 that five week period? Can you explain to the court? 8 A Yes. We have no family or support in 9 Massachusetts. I want my children to know all of the 10 members of their family. So I took the opportunity while 11 Tom was away. And I had no obligations to him or an empty 12 household to stay there. I went for support with a brand 13 new baby. And my daughter Rowan, who is very active, and 14 spent time with my family. I also went because just prior 15 to Tom's leaving Massachusetts, I was diagnosed with 16 mastitis, a breast infection that occurs during breast 17 feeding. I had been ordered bed rest. And I was unable to 18 do that at home in Massachusetts alone with the two 19 children. So I did go to New Jersey and Pennsylvania for 20 support. 21 Q All right. And then were there other 22 occasional weekends when you were in Massachusetts -- or 23 when you were in Pennsylvania or New Jersey -- 24 A Several. 25 Q In the summer of 1999? 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Several. Q were your children ever treated by a physician in Pennsylvania? A No. Q Were they ever enrolled before September 20th, 1999, in any day-care or any other other activity in this state? A No. Q Now, I would like to draw your attention to your hospitalization on September 14, 1999. Would you briefly describe to the court the history of your psychiatric condition and what happened on September 14th? A In the summer of 1994 I was diagnosed with depression. The therapist I was seeing somewhat related it to the dissatisfaction with my marital situation. That situation has continually decreased over time. It has become less and less happy for lack of a better word. I have continued with therapy in each of the areas we have lived, San Diego, Waukegan, and now in Holyoke. Tom and I have spoken on several occasions about separating or getting divorced or whatever the case may be up until I was hospitalized. At that time I kind of just reached the end of my rope. I was very dissatisfied with our marriage. I was lonely in Massachusetts. Although I did intend to stay there, because that's where our home 56 I was, and I ended up being admitted to the hospital. 2 When I went to the hospital on the 14th, it was not with 3 the intentio n of being admitted, but I was. 4 Q Did you go on your own to the hospital? 5 A Yes, I did. 6 Q Because you thought you needed the help? 7 A Yes. 8 Q And you were admitted? 9 A Yes, I was. 10 Q Did they adjust your medication? 11 A They did. They added a new medication. 12 Q And were you in Y group therapy? 13 A Yes, I was. 14 Q And Dr. Jaffe is your psychiatrist, is that 15 correct? 16 A Yes. 17 Q He is the doctor who has appeared in the 18 Massachusetts courts? 19 A On three separate occasions. 20 Q And those three separate occasions are set 21 out in an affi davit provided by your counsel and provided 22 to this court, am I correct? 23 A Yes. 24 Q During the period of your hospitalization, 25 did your husba nd come to the hospital? 57 ''1 ? 1 A Every night, from the second night through 2 the 19th. So from the 15th through the 19th every evening. 3 Q Now, he has testified that he picked up a 4 U-Haul or some like vehicle on the 17th of September. When 5 was the first time you and he discussed separating 6 subsequent to your removal from the hospital? 7 A On the 19th. 8 Q So two days prior he had the U-Haul? 9 A I believe he said it was Sunday evening -- 10 or I am sorry, Saturday evening. But it was prior to that 11 discussion. 12 Q Throughout his testimony your husband has 13 maintained that it was both of your intentions to move to 14 Pennsylvania ultimately? 15 A We had discussed on several occasions moving 16 to Pennsylvania halfway between his family and mine, for 17 the reason that our children could visit both as frequently 18 as possible. 19 Q At the time of your admission to the 20 hospital, was there any specific plan to make that move? 21 A No. 22 Q Had he applied for a transfer? 23 A Not as far as I am aware. 24 Q Had he told you that any transfer had been 25 granted? 58 1 A No. 2 Q Now, he has testified that after your 3 removal from the hospital you wanted the support of your 4 family in New Jersey, is that correct? 5 A Correct. 6 Q Are you committed to maintaining your 7 residence in Massachusetts until the court determines what 8 will happen to your children? 9 A Yes, I am. 10 Q And are you willing to submit to the 11 Massachusetts court any relocation decision which you may 12 wish to make into the future if there is any such -- 13 A Will I submit a request to the court, is 14 that what -- 15 Q Are you willing to abide by any court 16 decision regarding that? 17 A Yes. 18 Q Now, your husband has entered an exhibit, 19 which he has called Exhibit 8, which contains -- I think it 20 may be up there. 21 A I have it. 22 Q Do you recognize this exhibit? 23 A Yes, ma'am. 24 Q Would you distinguish the first page from 25 the second page? 59 1 A Yes. The evening of the 19th, when Tom came 2 to see me in the hospital, we discussed my wanting a 3 temporary separation due to the fact that our marriage was 4 in such an unstable position. I told him that I would like 5 us to separate for a six month period, continue with my own 6 therapy. I asked him to go to his own private therapy. At 7 the end of that period we would re-evaluate our marital 8 situation. He was okay with that. In the meantime, having 9 to set up two separate households, we talked about who 10 would have what of our personal belongings. 11 At the end of the separation of our 12 belongings he did write on the back of the same page that 13 what he was going to think about that evening, Sunday 14 evening, when he went home, was what visitation he would 15 like. I was going to think about what visitation I thought 16 was reasonable during the six months separation period and 17 how we would separate the kids' stuff, since we had two 18 separate households to maintain. Tom told me he wanted to 19 file for divorce in Pennsylvania. I said we will have to 20 see about where we are allowed to do that. 21 Q He has testified that a legal aid person in 22 the hospital told you you should file in Pennsylvania - 23 A That's not true. I did speak with my social 24 worker about what I was thinking in regards to our 25 marriage. But no one informed me that I would have to file 60 r sih" 1 for divorce in Pennsylvania. 2 Q Did you tell Tom that you should file for 3 divorce in Pennsylvania? 4 A Not as far as I remember, no. 5 Q You signed the first page of this document, 6 is that correct? 7 A Yes. 8 Q And when you signed the first page, what did 9 you think you were agreeing to if anything? 10 A Our property separation. As far as I was 11 aware, the second page were things we were considering 12 overnight, because he told me he was coming the following 13 evening to continue this discussion, which would have been 14 Monday night, the day he left. 15 Q Was anything else planned for Monday, the 16 day he left? 17 A I spoke with him early Monday morning, to 18 ask him to bring a few more personal items to the hospital 19 with me. I told him that there would be a family meeting 20 that day between myself, him and the social worker. I 21 would call him to let him know what time that was. I had 22 started calling around 11:00 a.m., continually tried. when 23 I first spoke with him earlier that morning, he told me 24 that Rowan was at the park with his mother. They would be 25 back. And he would come to the family meeting. And I 61 1 called and called and called. 2 And finally around 4:00 something my social 3 worker came to get me and said your husband has called and 4 requested that I speak with him on the phone. Will you 5 please sign an authorization so I can do so. I responded, 6 yeah, I will sign the authorization. But why can't he just 7 come down the street. we only live a mile to two miles 8 from the hospital. My social worker said, well, where is 9 the 717 area code. And that was the first I had learned he 10 had left. 11 Q I am going to show you an exhibit... 12 (Whereupon, 13 Defendant's Exhibit No. 1 14 was marked for identification.) 15 Q Which I will mark as Defendant's Exhibit No. 16 1. Is that a calendar you prepared? 17 A Yes, it is. 18 Q Does it indicate on it all of the uime, from 19 February 8th, 1999, up until September 20th, 1999, that you 20 visited outside the Commonwealth of Massachusetts? 21 A Yes, it does. 22 Q And can you summarize for the court in that 23 period of time how many weekends you spent in Pennsylvania? 24 A I believe seven. I did work it out on a 25 separate sheet of paper. May I refer to that? 62 , "%? t?) 1 Q Yes. Do you have that paper handy? 2 A No. 3 Q Let me see if these notes of yours help to 4 reflect your recollection? 5 A Thank you. The total weekends in 6 Pennsylvania were four. Some of those were as a complete 7 family, myself, Tom and the children. Some of those were 8 just myself and the children. 9 Q And were some of them three day weekends? 10 A Several of them. Long holiday weekends. 11 Q And how many weeks in that period of time 12 did you spend, you and your children, let's talk about your 13 children, spend in Pennsylvania? 14 A Three separate weeks. 15 Q From February -- 16 A From February through September 20th, three 17 weeks, not in a row. on three separate occasions we went 18 for a week. 19 Q You have a joint checking account in 20 Massachusetts? 21 A We had a joint account in Massachusetts for 22 the sole purpose of being able to cash any incoming checks. 23 There was never any money in the -- as a matter of fact, 24 the checking account was an inactive account. It had to be 25 opened in order to open a savings account. 63 1 Q Was there any money in any accounts with 2 your name on them? 3 A No. 4 Q Have you ever filed a Pennsylvania income 5 tax return? 6 A Never. 7 (Whereupon, 8 Defendants' Exhibit No. 2 9 was marked for identification.) 10 Q I am going to show you what I have marked as 11 Defendant's Exhibit No. 2. Could you identify that letter, 12 please? 13 A This is a letter to my Massachusetts counsel 14 from my Massa chusetts psychiatrist. 15 Q Is that Dr. Jaffe? 16 A Yes. 17 Q And Dr. Jaffe is available to testify for 18 you in Massac husetts? 19 A At anytime he is needed. 20 Q Your husband has testified that you have 21 been staying in New Jersey more frequently than in 22 Massachusetts since he left on September 20th, 1999, is 23 that correct? 24 A No. It is not. I have been staying in 25 Massachusetts from late Friday afternoons through either 64 '1 rl?l 1 Sunday or Monday morning, because I have been in alternate 2 days group therapy during the week up there in 3 Massachusetts. 4 Q Did you misspeak? You have been spending 5 Friday through Sunday in New Jersey? 6 A In New Jersey. Yes. I am sorry. 7 Q Rather than Massachusetts. And is that 8 because that's where your family is? 9 A Correct. 10 Q Have you ever been served with a complaint 11 for custody in this jurisdiction? 12 A No. I have not. I have only been served 13 with a petition for special relief. 14 MS. LINDSAY: Cross-examination. 15 CROSS-EXAMINATION 16 BY MS. WEMPE: 17 Q When you saw -- I am sorry, I didn't catch 18 the name of your midwife? 19 A Jane Fray. 20 Q Did Tom attend any of those prenatal 21 sessions? 22 A Several. 23 Q Was he present when Jack was born? 24 A Yes, he was. 25 Q How involved was he when Jack was born? 65 n 1 MS. LINDSAY: Your Honor, I am going to 2 object -- 3 THE COURT: I can give this five more 4 minutes this morning. And we don't have time to get into 5 the merits of a custody case. I have to decide which court 6 this is supposed to be in. 7 BY MS. WEMPE: 8 Q Since you have testified that you have no 9 family or friendship support network in Massachusetts, do 10 you intend to stay there? 11 A May I correct? I did say I have no family. 12 I did not say I have no friends in Massachusetts. I am 13 developing a stronger support network, including friends in 14 Massachusetts. And, yes, I do intend to stay there. 15 Q You testified that you didn't know Tom had 16 left for Pennsylvania until after the fact, after he had 17 actually left? 18 A Correct. 19 Q Had the two of you discussed, based on 20 looking at that letter of the 19th, were you aware that he 21 was planning or at least thinking about going to 22 Pennsylvania? 23 A Not at all. During this discussion when we 24 talked about how we would separate, and I would like to 25 stay with my mom, during that period of time while we were 66 1 I separated, hopefully going to different counsel, he would 2 stay in Massachusetts and continue with his job at Westover 3 Air Force Base. That was my -- I guess assumption. 4 Q But you testified that the second half of 5 that page, that was while those were just thoughts -- in 6 your opinion those were just thoughts that you two had 7 tossed around or that Tom had thought about. That was 8 written before you signed that sheet of paper, correct? 9 A Yes. Yes. 10 Q So at least you knew that he had thought 11 about filing for divorce in Pennsylvania? 12 A I knew that he was thinking, if after the 13 six months separation period, we did decide to get 14 divorced, he would like to get divorced in Pennsylvania. 15 My understanding was that it wasn't our choice where we 16 could get divorced. It would rest with wherever the 17 jurisdiction was. 18 Q So, therefore, if he was thinking about 19 filing in Pennsylvania, is it logical to then think that he 20 was planning on going to Pennsylvania? 21 A Not at that time. We had talked about, on 22 several occasions, separating. And he never indicated that 23 he would go back to Pennsylvania immediately. And he 24 certainly had never had a truck loaded prior to the 25 conversation. 67 1 Q Okay. Now, you stated you never filed a tax 2 return in Pennsylvania? 3 A Right. 4 MS. WEMPE: May I approach the witness? 5 This will be very brief. 6 THE COURT: Yes. 7 BY MS. WEMPE : 8 Q This a tax return that was filed in 9 Pennsylvania. Does your name appear on that tax return? 10 A Yes, it does. And I apologize. I did 11 forget about this particular tax return. I was involved in 12 an independent business. Tom was the business-holder. I 13 was the one that was doing it. It was for a very short 14 period of time. And the accountant at H & R Block said 15 that we should file in Pennsylvania. I apologize. I 16 forgot about that. 17 Q So contrary to your prior testimony, you did 18 in fact file a tax return in Pennsylvania? 19 A Yes. That one individual return. 20 MS. WEMPE: That's all I have. I have 21 nothing further. Thank you. 22 MS. LINDSAY: Your Honor, I will just have 23 one question. 24 REDIRECT EXAMINATION 25 BY MS. LINDSAY: 68 1 4 How many days have you seen your children 2 between September 20th, 1999, and now? 3 A Two. 4 MS. WEMPE: Objection. We had stipulated 5 previously that part of the reason why she didn't have any 6 visitation was because she was acting under the advice of 7 counsel. I don't think it is really fair to present to the 8 court -- 9 THE COURT: I know how many times she was 10 seen the children because I signed the order. 11 MS. LINDSAY: That's the only question I 12 have. I acknowledge that, Your Honor. Counsel feels it is 13 important to get on the record, and I don't mind putting it 14 there, that this past weekend her client was willing to 15 permit my client to have a weekend of visits with the 16 children, that my client, of course, wanted to do that. 17 But upon the advise of her counsel, namely, Mr. Sacco in 18 Massachusetts and me, we decided that it was -- we advised 19 her that it would be better to deal with this 20 jurisdictional matter rather than potentially muddying the 21 waters with another Pennsylvania temporary order. And that 22 is on the record. Aside from that there have been two 23 visits. 24 THE COURT: Let me say this. Counsel have 25 been very careful to tweak the factual details in this 69 ? r 1 case, and that's your job. That's what you are supposed to 2 do, and I respect that. But when it is all said and done, 3 there is very little factual dispute about the 4 jurisdictional facts in this case. Where they leave them 5 is another matter. But both these parties have been very 6 careful in their testimony not to accuse the other of being 7 a liar. And I have listened to their language very 8 carefully. They use words like mistaken and I don't 9 remember, and I apologize, and this and that. But neithar 10 of these two folks have said the other one got on the stand 11 and lied about anything. 12 He was in the military. They got married. 13 They moved around a lot. He is from Pennsylvania, or at 14 least a good bit of his life he lived here. And in any 15 event, wanted to come back to Pennsylvania. And this is 16 where his roots are. They settled in Massachusetts for the 17 requisite time period. 18 Massachusetts is clearly the home state for 19 these children. I don't think there is any question about 20 that. Moreover, there is a strong public, if not 21 statutory, policy that militates against the manner in 22 which these children were removed from Massachusetts. And 23 I think our case law says we can't reward conduct like 24 this, filling U-Hauls and spiriting kids away in the middle 25 of the night. 70 `1 n 1 On the other hand, if Massachusetts 2 continues to refuse jurisdiction in this case, then 3 somebody has got to do it. And I suppose it will be me, 4 which is again justified, because there are connections to 5 the Commonwealth. Given the father's plans concerning his 6 future, given the fact that his mom lives here and so forth 7 and so on. So that's where I am. And the question then 8 becomes what do we do procedurally. And I would suggest in 9 the next few days to get this thing moving. 10 I can share those thoughts in writing to the 11 Massachusetts court, make factual findings in the case, and 12 cite the Uniform Act, and see where that leaves us. Or do 13 counsel have some other suggestion? 14 MS. LINDSAY: No. Your Honor, I think 15 procedurally you need to consult with the court. I think 16 the problem was created by the filing in this state of a 17 prior in time custody action. And the Massachusetts court 18 -- no court breaking their necks to take a custody case, 19 says well prior in time. 20 I think if you call Massachusetts and say 21 jurisdiction clearly lies within Massachusetts so far as I 22 can determine, if that court says no, well, then I guess 23 here we are. 24 THE COURT: Here we are. 25 MS. LINDSAY: But I think that it would be 71 10"1 1 incumbent to try -- we have now had a full factual hearing 2 on this case. This isn't a matter of allegations and 3 people saying counsel have admitted and all of that. We 4 have done that. And I think you can advise the court 5 there. What I would ask the court to do is pending 6 Massachusetts picking it up after your consultation, I 7 would ask that this mother have a temporary order entered 8 now, which I feel better asking you to enter now that we 9 have had this jurisdictional hearing. 10 A temporary order pending a determination -- 11 further order in Massachusetts or here, permitting mother 12 to have a week of custody with her children. I think that 13 justice would be done if you could do that. And I don't 14 think the threat to jurisdiction to Massachusetts would be 15 so great at this point. 16 MS. WEMPE: To an extent I agree. I don't 17 think it is really fair since neither of us were at any of 18 these hearings involving either Judge Sacks or Judge Lyons, 19 for either of us to represent why we believe Massachusetts 20 decided to not act upon what had been filed in those 21 courts. However, unfortunately, Massachusetts has not 22 chosen to act. And these parties have spent an obscene 23 amount of money. Nothing has been resolved. Rachel is in 24 limbo. Tom is in limo. They can't decide where they are 25 going to go with their lives. And that's why we believe 72 '') 1 that it is in the best interests of these children that 2 somebody take jurisdiction. 3 THE COURT: Well, that's clear. Let me for 4 the record state my factual background with regard to what 5 happened in Massachusetts, because I have personal 6 knowledge of it and can therefore take judicial notice of 7 it. I can't state for the record the exact time frames 8 that are involved. But sometime after the filing of this 9 petition I believe there was a divorce action filed in 10 Massachusetts that raised certain questions concerning 11 custody. And because they had not lived in Massachusetts 12 for the requisite time period to obtain a divorce, the 13 judge, Judge Lyons, refused to hear the entire matter, 14 including the custody matter. 15 There was then I believe a subsequently 16 filed custody action in Massachusetts. I had not had the 17 benefit of any factual background in the case. I called 18 Judge Lyons, and who simply stated to me that based on her 19 knowledge of the case and the fact that the children were 20 here that she did not see that there was jurisdiction in 21 Massachusetts. And that's where we left it. And Mom 22 wanted some temporary custody. So I took it and set 23 today's hearing as expeditiously as I could. And now what 24 has truly changed is that I do have now the benefit of the 25 factual background. 73 '"1 /- I So let me try to cut all those Gordian knots 2 that I can and try to save all the time and money that is 3 possible for me to do for these folks. And I think the way 4 I can do that is for me to take the onus of sharing these 5 factual findings with the Massachusetts court, saying these 6 are the facts as I find them to be. This is my suggestion. 7 Now tell me what you are going to do about it before we 8 have anymore hearings anywhere. 9 MS. LINDSAY: That would be fine, Your 10 Honor. I will have counsel from Massachusetts contact the 11 court and let you know what judge is involved. I 12 understand there is a family emergency for Judge Lyons, and 13 she may not be available to contact. There is another 14 judge -- 15 MS. WEMPE: Judge Sacks was the last judge I 16 think who actually heard -- 17 THE COURT: And by the way, am I to receive 18 this affidavit? 19 MS. LINDSAY: You are, with one proviso that 20 counsel wishes to make. But I would mark it as Exhibit 3 21 and offer it to the court. 22 MS. WEMPE: The only objection we have is 23 that there is a statement in there. There is a 24 representation made by Pennsylvania counsel, from Mark 25 Berson, who was counsel in Massachusetts for Tom, I can't 74 1 remember -- 2 MS. LINDSAY: It is paragraph six. 3 MS. WEMPE: I don't know to which 4 Pennsylvania counsel Mr. Berson was referring. I don't 5 know if that would have been Attorney Benn, if that would 6 have been Attorney Jacobsen. So I am not in a position to 7 state whether that is accurate or not, because I don't have 8 knowledge of what was conveyed with respect to jurisdiction 9 to Mr. Berson on that date. 10 THE COURT: And I assume you also except to 11 paragraph eleven, which I think is a legal conclusion, 12 isn't it? 13 MS. WEMPE: Well, yes. 14 MS. LINDSAY: I think we can agree that 15 Massachusetts is a signatory to the Uniform Act. 16 THE COURT: We can indeed. 17 MS. WEMPE: We can agree that it is the home 18 state. 19 THE COURT: We can indeed. It is the home 20 state. There is no doubt about it. Okay. That's the way 21 we will proceed then. 22 MS. LINDSAY: Would the court entertain a 23 temporary order pending Massachusetts picking up 24 jurisdiction so Rachel Pallis can have custody of her 25 children for -- 75 1 THE COURT: Well, they have been doing it on 2 weekends? 3 MS. LINDSAY: Well, what we would like to do 4 is let her have them -- she has seen them two days in a 5 month, Your Honor. 6 THE COURT: Why don't you chat. Mrs. Graham 7 has been taking notes all day. And I have got to give her 8 a break. We have support matters at 1:30. 9 MS. LINDSAY: I beg your pardon, Your Honor. 10 What I would like is a week. And I don't know if counsel it is agreeable to that. 12 THE COURT: Well, I mean, it strikes me that 13 under the circumstances that that would be a fair thing to 14 do. 15 MS. WEMPE: I think we can work out the 16 details. 17 THE COURT: If you get into a disagreement, 18 I suppose I will resolve it. But to answer your question, 19 yes, I would entertain any temporary order. 20 MS. WEMPE: The concern that Tom has is 21 simply because Rowan has begun preschool, and he doesn't 22 want to disrupt any schedule that she has gotten as far as 23 that's concerned this past month. Which for a three year 24 old a month can be a long time. And he has absolutely no 25 objection to weekend visitation. But he doesn't want a 76 !'ti n 1 full week because he doesn't want her schedule disrupted 2 that much. 3 THE COURT: Can we do weekend visitation? 4 She said she was in her treatment program Monday to Friday 5 anyhow. 6 MRS. PALLIS: Not any longer. Now I have 7 Tuesday evenings. 8 THE COURT: All right. We will chat about 9 it. If you can't reach some understanding, then you will 10 have to arrange to see me this afternoon. I will hear you 11 both out, and then do what I hope is the right thing. 12 MS. LINDSAY: Thank you, Your Honor. 13 MS. WEMPE: Thank you, Your Honor. 14 (End of proceedings.) 15 16 17 18 19 20 21 22 23 24 25 0 77 r CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. X-ILS?'?.J. ? [t nz-rv. Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Ocfo l+ z? /199 Date v'n A. Hess, J. /1111inth Judicial District 78 ?,.. ?;? ?^ . -;,,r ,. n'r„r / ' -.=?r ?„ !: is c,r? ???, ?- .. ? ? , e (. -J JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3065 ti ..`" .3 3 RACHEL S. PALLIS C/O HOLYOKE HOSPITAL 575 BEECH STREET HOLYOKE, MA 01040 1 1 JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3085 C ) -.33 RACHEL S. PALLIS 33 ABBEY COURT CARLISLE, PA 17013 r 1:f r • ,, !..14.:11 3 . y JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3085 i 1- I: ?u..iri/ 1??.. ANDREA C. JACOBSEN, ESQ. JACOBSEN & MILKES 52 EAST HIGH STREET CARLISLE, PA 17013 . THOMAS E. PALLIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW II RACHEL S. PALLIS, : 99-5826 CIVIL SENNANOROIINSON + Defendant : CUSTODY To the Prothonotary: PRAECIPE Upon representation that the parties in the above-captioned matter reconciled in Carlisle, Pennsylvania on December 29, 1999, and simultaneous proceedings in Massachusetts have been dismissed, it is respectfully requested that the Complaint for Custody in the above-captioned matter be withdrawn. Respectfully submitted, BENNANDROBINSON P.O. BOX 5185 135 N. GEORGE ST p.c.: G. David Sharp, Esquire Robert Sacco, Esquire Carol Lindsay, Esquire Tara A. Wempe, Esqui?2 Attorney for Plaintiff Attorney I. D. # 82280 135 North George St., Suite 303 York, Pennsylvania 17401 (717) 852-7020 SUITE 303 YORK. 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