HomeMy WebLinkAbout99-06394
1
?fH
NON
?.F
}?S
X?
Y.
1
i`
is
r s.
x.
Ew
7
:'Fa
x,
s
s
n rN
- x.d
,p
4
}
,x
rr
.
r ta?
?
JOL On 200. 0:18Rn
Student's Narr i
Prasent Street Address
- n0". steto, zip) ?r
Frail Address, nm
Phone No. -? Student's Social Security No.
' Pnssa
Girthdeto, Lj` eitthplece di
Vultled by
Q. 10I/roiar Usa? p`
School last attended a L'?etriCt A13-2-,!5 Ca 1) PA
r ?-- Q Address
I G ???p
Last Grade de ` Previous attendance at Donejal? Yes Yesrr
No
SPectal Services • yes _,- (Soacify)
ETHNIC COOFt (SuPPort: Learning/Gifted/Sp h/Other(
-._ Am.Indien `eiaek,Asian ZCeucaats __
Hispanic ?,?R/e/sident Cade (see Opel side)
LIVES WITH: G th parents/moth ar/atemathstsai l*a r 0? ` y 4o be mined
P pf her/gue d en - other (please specify)
MARITAL STAT:IS OF PARENTS: `Mottled Dlyorccd `Separated ?_Widnwcd Single
/ J?wlstopfathr.r/Guardien`e name
yy?? 1 sna. sac. a J_Fa- 3?L - 956 -11 Employer I2 11Y7rl I,"r 1 Ll.,..._ 1_ I ., I 1
trnVne NO•l
Mother ."?/Guardlsn's name: Soc, Sec. p ?
Employers - ,? El
?o~?he1-- 2 (lompary 7 4) (Address) 1 "?ft? I
Q I MfYL (Phone No.)
6rotho 8 end SlPart 0 s?tudant ros ,n Ilnagliteca pet
ce: ar un cif GO?rtio
t
I 1 0ll
-
........... ........ :.'?........ _...................
....»........._.».?_.?..._.»
Sri,dent ID t OFFICE USE ONLY
5CFnM/Grade/Se(tlon - 0 Regular Admission
Entry Code Date - 0 1302 - Affidavit & documentation needed
0 1305 - Foatertmentor pog,em - agency beper newea
0 Tuition student
CUP!es 10: Const t Office, Nursa's Office, Tronsportetlon/Attendance Office. Psycholoulst's
MM$nd 1/00 Of IV)
HP I.ASERJET 3200
DONEGAL SCHOOL DISTRICT
?N (NFORMAYIntu???
I.?y-G? Pa
P.2
Mate __ Female
, ..
In the Court of Connnon Pleas of CUMBERLAND County, Pennsylvania
ooHSe 90 ftw.arrorrw emcraow
REBECCA N. DOODLING
Plaintiff
VS.
RODNEY T. GOODLING
Defendant
Docket Number 1329 s iG
PACSES Case Number eoooooC 11
Other Sure ID Number
PETITION FOR MODIFICATION
OF AN EXISTING SUPPORT ORDER
1. The petition of RODNEY T. GOODLING respccrully
represents that on FEBRUARY 21, 2001 , an Order of Court was entered f0' the
support or
JUSTINA LYN GOODLING
r..e
• 1•J
A true and correct copy of the order Is attached to this petition.
i
r
Service Type m
Form O.Nt SDI
Worker II 21105
OOODLINi V- OOODLINO PACSES Case Number 900000011
2. PeLtioner is entitled to O increase O &crease O termination 0 reinstatement
other of this Order because of the following material and substantial change(s) in
cir,::umstance:
X- G u r -rn /.. r
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
x r,?, z
D?titlrn?r Atlutlwy IIIItlMt1?
I •ierify that the statements made in this complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
un.sworn falsification to authorities.
Dat
Service T)Ie M
Petitioner
Pige 2 of 2
Form OM-501
Worker ID 21105
KO'd OBt9 6£6 Lil 'ONI SW3ISAS AlIdOtMd WH 9b:10 NOW to-LO-inr
..... .......... .................................................................................
CONTRACT FOR SERVICES
Between L Sn G' 1, and Elizabeth G. Nissley, MSNRNCS
For services provided to "'L'eAna. 1?
1. 4 initial sessions of length of one hour, either weekly or every other week for
purpose of assessment, planning and interventions.
2. Development of a plan of action to be presented to the family after the second
session.
3. Payment of $35.00 for each of the 4 sessions.
4. Consultation between therapist and adults with presentation of recommendations
for further action following the fourth session with no additional payment for that
consultation.
cop
bate:
RODNEY T. GOODLING, : IN TI IE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : 99-6394 CIVIL
CIVIL ACTION - LAW
REBECCA W. GOODLING,
Defendant
ORDER
AND NOW, this 70 day of June, 2001, continued hearing in the above
captioned matter is set for Wednesday, August 1, 2001, at 1:30 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Hess, J. I
Susan Candiello, Esquire 1 1%
For the Plaintiff 0\
Diane Rupich, Esquire Cj L
For the Defendant
:rim
iD-n RCE
l owy
01 JUN-7 A!111:45
CU4lai_fl';"' J ccwN
rrv?rsnu?n!n
LAW OFFICE OF
SUSAN KAY CANDIELLO, B.S.N., M.S.N., J.D. Q?
- 5021 Wr TRININr Ro,?v. SUITE 400, MEaIANxzwRo, PA 17050APR 17 2001 W
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99-6394
: CIVIL ACTION - LAW
: CUSTODY
AND NOW, this day of 2001, upon consideration of
Plaintiff's Petition for Contempt, Enforcement and Special Relief, it is hereby directed and
ordered as follows:
1. Defendant Willfully Violated the Custody Order of January 5, 2001.
2. Future Willful Violation of Custody Order or January $, 2001. Should Defendant
knowingly and willfully violate any requirement for Plaintiffs custody and visitation of the parties'
minor child, JUSTINA LYN GOODLING, as contained in the custody order dated January 5, 2001,
Defendant shall immediately forfeit Primary Physical Custody of the parties' minor child, JUSTINA
LYN GOODLING, and Plaintiff shall be awarded Primary Physical Custody of the minor child.
3. Attorney's Fees. Because of her willful violation of the custody order of January 5, 2001,
Defendant shall be directed to pay Plaintiffs reasonable counsel fees, costs and expenses which were
required for the preparation and presentation of this petition and attendance at the conference and any
hearings that may be required.
4. Any other additional relief, which this Court deems equitable.
BY THE COURT:
l;
J.
RODNEY T. GOODLING,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
VS.
REBECCA W. GOODLING,
DEFENDANT
NO. 99-6394
CIVIL. ACTION - LAW
CUSTODY
Legal Proceedings have been brought against you alleging you have willfully disobeyed an order
of court for custody.
If you wish to defend against the claims set forth in the following pages, you may, but arc not
required, to file in writing with the court your defenses or objections.
Whether or not you file in writing with the court your defenses or objections, it is hereby directed
that the parties and their respective counsel appear before , the conciliator,
at , on the _ day of
2001, at _, m., for a Pre-Heating Custody Conference. At such conference, an effort will
be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues
to be heard by the court, and to enter into a temporary order. All children age five or older may also be
present at the conference. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
By:
Custody Conciliator
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR
ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may
be found in contempt of court and committed to jail, fined or both.
The Court of Common Pleas of Cumberland County is required by law to comply with the American with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249.3166
1-800.990-9108
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY.
: PENNSYLVANIA
: NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
Legal proceedings have been brought against you alleging you have willfully disobeyed an order
of court for custody.
If you wish to defend against the claims set forth in the following pages, you may, but are not
required, to file in writing with the court your defenses or objections.
Whether or not you file in writing with the court your defenses or objections, it is hereby directed
that the parties and their respective counsel appear before , at
, on the _ day of
2001, at _. m., for a Having on the issues of Contempt. Al such conference, an effort
will be made to resolve the issues in dispute Failure to appear at the conference: may provide grounds for
entry of a temporary or permanent order.
FOR THE COURT.
1.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR
ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may
be found in contempt of court and committed to jail, fined or both.
The Court of Common Pleas of Cumberland County is required by law to comply with the American with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Oar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99-6394
: CIVIL ACTION - LAW
: CUSTODY
1. Plaintiff is RODNEY T. GOODLING (hereinafter referred to as "Father"), who
currently resides at 152 North Market Street, Mount Joy, Lancaster County, Pennsylvania,
17552.
2. Defendant is REBECCA W. GOODLING, (hereinafter referred to as "Mother"), who
currently resides at #208,2101 Cedar Run, Camp Hill, Cumberland County, Pennsylvania,
17011.
3. The parties are the parents of one (1) child: JUSTINA LYN GOODLING, born on
June 6, 1991, and presently nine (9) years of age.
4. Both Mother and Father arc divorced. Mother has had a paramour since prior to the
party's separation, but has not remarried. Father is engaged and will be married on or before
April 30, 2001.
5. The parties' initial custody agreement was contained within their marital settlement
agreement. This agreement was very vague not providing Father with any specific times for
custody and visitation with his daughter.
6. Mother was continuously uncooperative, refusing to allow Father any periods of
custody and visitation with his daughter under the Marital Settlement Agreement.
7. Asa result of Mother's continual refusal to allow Father periods of custody and
visitation with his daughter, Father filed, on or about September, 1999, a Petition to Modify
Custody seeking a more defined custody order.
8. A custody conciliation was held and anew custody order was issued, dated, January
26, 2000, with the assistance of Michael Bangs, Esquire, custody conciliator for Cumberland
County, (Please see copy of this Order attached hereto and made a part hereof at Exhibit "A")
9. Despite this Order, Mother continued willfully to disobey and violate this custody
order, resulting in substantial interference with Father's visitation and ability to enjoy a
relationship with the child.
10. Asa result of Mother's continuing and unrelenting violations of the Order dated
January 26, 2000, Father filed a Petition to Modify Custody on or about July 14, 2000. (Please
see copy of this Petition attached hereto and made a part hereof at Exhibit "B")
11. This Petition resulted in a conciliation conference with conciliator, Melissa Greevy,
which produced an Order dated September 5, 2000. (Please see copy of this Order attached
hereto and made a part hereof at Exhibit "C".)
12. As a result of Mother's continuing and unrelenting violations of the current custody
order and her questionable and unsafe actions toward and with the minor child, Father filed an
Emergency Petition for Emergency Relief and Contempt, on or about (November 15, 2000,
(Please see copy of this order attached hereto and made a part hereof of Exhibit "D").
13. This Petition resulted in a Custody Order, dated January 5, 2001, arising out of
conciliation with Melissa Greevy, Esquire. (Please see attached copy of Order at Exhibit "E".)
This Order was designated an interim order to be in effect while the parties attended counseling
sessions to assist with their communication, and completed a custody evaluation with Dr. Pauline
Wallin.
14. Mother has continued relentlessly in her campaign to keep the Child from having
any relationship with her Father, through her continuous interference with Father's rights and
abilities to enjoy custody and visitation with his daughter.
15. Mother has continued to violate incomplete defiance and utter disregard, the terms
of the custody order, despite whatever agreements and orders have been reached between the
parties.
16. Mother has continued to place her own individual selfish interests primary to the
minor child, involving the minor child in activities which are and were unsafe and inappropriate
physically and psychologically for the minor child.
17. Father initially believed it was in his daughter's best interest to be with her Mother,
Father has now been in fear for his daughter's physical and psychological safety since 1999 and
feels strongly it is not in his daughter's best interests to be in the Primary Physical Custody of
Mother.
18. Since2000, when the minor child, Justina Lyn Goodling, began confiding her
experiences, interactions and relationship with Mother and Mother's paramour and her growing
fears of her Mother, Father no longer believes it is in his daughter's best interests to be in the
Primary Physical Custody of Mother.
19. Pursuant to each of the parties' custody orders including the last custody order and
Custody Conciliation Summary Report, dated January 5, 2001, (a copy of which is attached
hereto and made a part hereof at Exhibit "E") the parties have always agreed to share Legal
Custody of their child. Father has always agreed Mother could have Primary Physical Custody,
with Father having Partial Physical Custody.
20. Pursuant to the Interim Order of the Court, entered on January 5, 2001, the parties
are to share legal custody of their child, in accordance with the following language.
"Each parent shall have an equal right, to be exercised jointly with the other parent, to
make all major non-emergency decisions affecting the Child's general well-being including, but
not limited to, all decisions affecting her health, education and religion. Pursuant to the terms of
Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the
Child including, but not limited to, medical, dental, religious or school records, the residence
address of the Child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of reasonable
use to the other parent."
21. Since the January 5, 2001 Interim Order of Court, Defendant has withheld
information and documents concerning the Child's school performance, homework, activities,
conferences and problems. The Defendant does this through the following actions:
a. Defendant withholds entire documents, simply refusing to
acknowledge them and give them to the Plaintiff;
b. Defendant tears pages from the Child's agenda book, which is the part
of her school notebook where the teachers write comments, work to be done,
problems, requests, to the parents, and similar items;
c. Defendant has made numerous derogatory statements to the Child's
school about the Child's Father and several requests of the school, resulting in the
school personnel either refusing to cooperate or only providing to the Plaintiff
limited information;
d. Defendant refuses to talk to the Plaintiff on the telephone, refusing to
share any additional information, or respond to Plaintiffs questions in any form,
concerning where various documents are, what activities are occurring, and other
pertinent information about the Child;
e. Defendant refuses to speak with the Plaintiff when he returns his
daughter following his periods of visitation, continuing to keep information and
documents concerning the Child from the Plaintiff;
f. Essentially, Plaintiff has no avenue of communication available to him
with the Defendant as a direct result of Defendant's actions and Defendant has,
through her actions and statements, limited the Plaintiff's ability to communicate
with the Child's school.
22. Pursuant to the January 5, 2001 Interim Order, paragraph 4.D:
"In the event that there is a Monday holiday, the parent having custody of the
Child for the weekend immediately prior to the Monday shall have the option of retaining
custody for that Monday, if that parent is not at work...:
23. Pursuant to the January 5, 2001 Interim Order, paragraph 6:
"Should the Child become ill, or for whatever reason not be able to attend school,
school is dismissed early, school is canceled,and/or there is a vacation day from school, and
Mother is unable to remain at home with the Child, Father shall be notified by Mother, at the
earliest possible date or time, to enable him to provide care for the Child in lieu of the Child
being placed in daycare or going to the Mother's office. It shall be acceptable for the Child's
Maternal Grandfather to be notified at these times and then for him to notify Father, who can
exercise this option to take custody of the Child. At such times, Father shall return the Child to
Mother when it is reasonable to do so."
24. Pursuant to the January 5, 2001, Interim Order, paragraph 7.
" The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child, during any of the
holidays and/or vacations from school, the Mother agrees to notify Father, in a timely fashion, of
her inability to care for the Child and Father may then obtain the Child thus thwarting the
necessity of the Child being at daycare or being at Mother's office. Paternal Grandfather and
Paternal Grandmother may be used as a resource for the Child during periods when neither
Mother nor Father can provide the necessary care for the Child."
25. Since the January 5, 2001, Interim Order, Defendant has succeeded in keeping the
Child from the Plaintiff on every "extra" Monday the Plaintiff might have had custody by using
one of her vacation days for each of these days.
26. The Faster holiday weekend was Mother's custodial weekend, but Father was to
have the Easter holiday with his daughter. Daughter also had Thursday. April 12, 2001 and
Monday, April 16, 2001 as vacation days from school.
27. Father requested to share the two (2) vacation days from school. Mother refused,
stating she was taking off work to be with the Child on both of those days and she would not
agree to allow Father to have either vacation day from school.
28. Mother refused to allow Father to have either vacation day. Mother did not takeoff
work. Mother took the Child to the home of the Maternal Grandparents.
29. When Father tried to locate his daughter on those vacation days from school, the
Maternal Grandparents would not answer any telephone calls from Father.
30. Mother answered Father's telephone calls to her at work, stating she was at work
and the Child was with the Maternal Grandparents, Mother laughed at Father, stating she did not
have to follow the court order, they would not do anything to her.
31. Pursuant to the January 5, 2101, Interim Order, paragraph 8.H:
"When the Child is in the custody of the parent, the Child shall be provided with
the opportunity to make a minimum of 2-3 completed telephone calls to the non-custodial parent
each week. All messages from the non-custodial parent shall be give to the Child, with the
opportunity to make a return telephone call at that time. Mother shall keep an answering
machine in use."
32. Father is the non-custodial parent. The week of April 9 through 13, 2001, the
Child told her Father she requested to telephone him, but Mother refused to allow the Child to
have any contact with the Father.
33. Although Father made numerous telephone calls through out Saturday, April 14,
Sunday, April 15 and Monday, April 16, Father was not able to complete any telephone calls to
his daughter.
34. Pursuant to the January 5, 2001 Interim Order, paragraph 8:
" The parties shall alternate, annually, the following holidays: Father shall have the even-
numbered holidays in the even-numbered years and Mother shall have the odd- numbered
holidays in the even-numbered years. Father shall have the odd-numbered holidays in the odd-
numbered years and Mother shall have the even-numbered holidays in the odd-numbered years.
These holidays shall supercede the regular schedule for visitation. Unless otherwise agreed, the
holiday visitation shall begin at 8:00 a.m. and end at 8:00 p.m. The arrangements for
transportation and exchange of the Child shall be the same as for the weekend visitation.
Holidays:
1. Easter 4. Labor Day
2. Memorial Day 5. Thanksgiving Day
3. Independence Day 6. New Year's Eve and New Year's Day"
35. Father last had his daughter on Good Friday, when Mother came to Father's home to
retrieve the Child, she would not speak to Father and tried to run Father down as he stood in the
driveway and tried to communicate with her about the upcoming holiday.
36. Mothcr stated to Father she would not allow him to have his daughter on the Easter
holiday. Father went to church Easter Sunday morning to request to have his daughter for the
Easter holiday. Mother told Father to leave her church. Mother and her relatives positioned their
bodies so that Father could not even see his daughter's face. Father left the church without
creating any difficulties.
37. This Easter holiday was particularly important since Father has never has his
daughter for Easter for any of her nine (9) year.
38. Mother has continuously made degrading and derogatory statements and lies about
Father to the Child as she attempts to convince the Child her Father is bad and she should not
want to be with her Father.
39. Mother has continuously made statements to the Child to create guilt and fear in the
Child if the Child were to be with her Father.
40. Because of Mother's inconsistent and defiant actions and statements, Father is very
concerned for the mental stability of Mother and her limited support from family and friends.
41. Mother states she is very religious and places her church above most other things in
her life. As a result, Father contacted Mother's minister to share these problems with soliciting
the assistance and support of Mother's minister for her.
42. Plaintiff fears greatly for his daughter's physical and psychological safety and
well-being while in the custody of the Defendant and fervently believes it is in his daughter's
best interest for her to be placed in Father's Primary Physical Custody.
43. Dr. Wallin's custody evaluation became available April 17, 2001. The evaluation
recommends primary physical be changed to Father. (A copy of Dr. Wallin's Custody
Evaluation Report is attached hereto and made a part hereof at Exhibit "F'.)
WHEREFORE, Plaintiff, RODNEY T. GOODLING, respectfully requests this
Honorable Court find the Defendant, REBECCA W. GOODLING, has been and continues to
be in contempt of the custody order and order the following:
1. Defendant Willfully Violated the Custody Order of January 5, 2001.
2. Future Willful Violation of Custody Order of January 5, 2001. Should Defendant
knowingly and willfully violate any requirement for Plaintiff's custody and visitation of the
parties' minor child 1USTINA LYN GOODLINGS, as contained in the custody order dated
January 5, 2001, Plaintiff shall immediately forfeit Primary Physical Custody of the parties'
minor child, JUSTINA LYN GOODLING, and Defendant shall be awarded Primary Physical
Custody of the minor child.
3. Attorney's Fees. Because of her willful violation of the custody order of January 5.
2001, Defendant shall be directed to pay Plaintiff's reasonable counsel fees, costs and expenses
which were required for the preparation and presentation of this petition and attendance at the
conference and any hearings that may be required.
4. Any other additional relief, which this Court deems equitable.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: Apri I JI, 2001
Susan Kay Candie ire
Counsel for Plain Iff
PA I.D. N 64998
5021 East Trindle Road, Suite 100
Mechanicsburg PA 17050
(717) 796-1930
?I
EXHIBIT "A"
RODNEY T. GOODLING, )
Plaintiff )
VS. )
REBECCA W. GOODLING, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6394 CIVIL TERM
CIVIL ACTION - LAW
ORDER
AND NOW, this +h day of 2000, upon receipt of the
Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them and their counsel, it is hereby
ordered and directed as follows:
1. The parties shall share legal custody of their minor child, Justina Lynn,
d.o.b. June 6, 1991.
2. During the school year, Mother shall have primary physical custody of
the minor child subject to periods of partial custody and visitation with Father as
follows:
A. On a schedule that includes the first, third, and fifth Saturdays, if
there is a fifth Saturday of every month. This period of time shall include
the preceding Friday and shall commence on Friday at 7:00 p.m. and end
on Sunday at 7:00 p.m. The parties shall share the transportation such that
Mother shall drop the child off at the paternal grandmother's residence no
later than 7:00 p.m. on Friday to begin this period of partial custody and
Father shall drop the child oft at Mother's residence no later than 7:00
p.m. on Sunday.
3. During the summer months, Father shall have primary physical custody
of the minor child subject to periods of partial custody and visitation with Mother
as follows:
A. Mother shall have two full weeks in July and one full week in
August. Additionally, she shall have alternating weekends from Friday at
7:00 p.m. until Sunday at 7:00 p.m. During the summer months the
parties shall share the transportation such that Mother shall pick up the
child at the paternal grandmother's residence no later than 7:00 p.m. on
Friday and Father shall pick up the child at Mother's residence no later
than 7:00 p.m. on Sunday. This summer schedule shall commence with
the first full week of the summer after the child is released from school
and shall end the last full week of the summer before the child is to return
to school. Mother shall notify Father no later than April 1" of each year as
to the weeks in which she intends to exercise her periods of exclusive
custody.
4. The parties shall share the following holidays which are divided into
two groups:
A. Group A: New Year's Eve and Day; Memorial Day; and Labor
Day.
B. Group B: Easter; Independence Day; and Thanksgiving.
Mother shall have Group A in the year 2000 and all even years thereafter and
Group B in 2001 and all odd years thereafter. Father shall have Group A in 2001
and all odd years thereafter and Group B in 2000 and all even years thereafter.
5. The Christmas holiday shall be broken into two segments. Segment A
shall be from December 24 h at 1:00 p.m. until Christmas Day at 1:00 p.m.;
Segment B shall be from Christmas Day at 1:00 p.m. until December 26`h at 1:00
p.m. Mother shall have Segment Ain 2000 and all even years thereafter and
Segment B in 2001 and all odd years thereafter. Father shall have Segment A in
2001 and all odd years thereafter and Segment B in 2000 and all even years
thereafter.
6. Mother shall have the child for Mother's Day and Father shall have the
child for Father's Day. These periods of partial custody and visitation shall be
from 8:00 a.m. until 8:00 p.m.
7. Transportation for the holiday periods, the Christmas period, and the
Mother's and Father's Day periods shall be shared such that the party who is
entitled to custody on those particular days shall pick up the child and the other
party shall be responsible to pick up the child to end those periods of partial
custody. ,':
8. The parties agree that should the child have extended days off from
school for school holidays, the parties shall share those times as agreed upon, and
the transpoCation shall be agreed upon.
9. Such other times as the parties may agree.
BY THE COURT,
J.
Allen D. Smith, Esquire
Susan K. Candiello, Esquire TRIM CM 7: -??H P.M""RD
In Tcstintcn;: ?.huccf. I hcrc veto : t my hard
mlb and the seal of said Court • Carlisle, Pa.'
This ?y...!7 y f.
rothonotary
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6394 CIVIL TERM
CIVIL ACTION - LAW
JUDGE PREVIOUSLY ASSIGNED: None
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(are) the subject of this
litigation is as follows:
NAME BIRTHDATE CURRENTLY rN
CUSTODY OF
Justina Lynn Goodling June 6, 1991
2. A Conciliation Conference was held on January 13, 2000, and the following
individuals were present: the Plaintiff and his attorney, Susan K. Candiello, Esquire; the
Defendant and her attomey, Allen Smith, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: Sce attached Order.
'r
5. The Plaintiffs position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child(ren): Neither party requested.
,r
EXHIBIT "B"
?A
f
air ?r
fitly
,
?
L
RODNEY T. GOODLING
PLAINTIFF
V.
REBECCA W. GOODLING
DEFENDANT
AND NOW, this 20th
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
• 99-6394 CIVIL. ACTION LAW
M CUSTODY
day of July 2000, upon consideration of the attached Complain!,
it is hereby directed that the parties and their respective counsel appear beforeMdhss P. Greevy, Ksq,, the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 141h day of August , 2000, at I1100 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also oe present at the conference. Faiiula to appear at the fpnference M-? y
provide grounds for entry of a temporary or permanent order. ,` + !
FOR THE COURT, = ; . {
M
By: !d Mdhja_ rfrCVy yj
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the coup, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO Olt TELEIII IONS THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County liar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249.3166
RODNEY T. GOODLING,
PLAINTIFF
VS.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6394
REBECCA W. GOODEFENDANT :ACTION FOR CUSTODY COPY
ORDER
AND NOW, this day of 2000, upon consideration of the
attached motion, it is hereby directed that the parties and their respective counsel appear before
the conciliator, at
, on the day of
2000, at o'clock _.m., for the Pre-Hearing Custody Conference. At such conference, an
effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define
and narrow the issues to be heard by the court, and to enter into a temporary order. All children
age five or older shall also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
BY:
Custody Conciliator
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact the
Court Administrator at (717) 240-6200. All arrangements must be thade at least 72 hours prior to
any hearing or business before the court. You must attend the scheduled conference or hearing.
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING, '
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6394
: ACTION FOR CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle PA 17013
(717) 240-6200
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394
ACTION FOR CUSTODY
U (1
COMPLAINT FOR CUSTODY MODIFICATION
.
-.
?...
1. The Plaintiff is RODNEY T. GOODLING, who currently resides a
115 Harrisburg Avenue, P. 0. Box 52, Rheems, Lancaster County, Pennsylvania 1-7?70.
2. The Defendant is REBECCA W. GOODLING, who currently resides at 2161
Cedar Run Road, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following child:
Name Present Residence Date of Birth
Justina Lyn Goodling 2101 Cedar Run Road June 6, 1991
Camp Hill, PA 17011
4. The child was born in wedlock.
5. The child is presently in the primary custody of the Defendant, REBECCA W.
GOODLING, who resides at 2101 Cedar Run Road, Camp Hill, Cumberland County, Pennsylvania
17011.
6. Since the child's birth, the child has resided with the following persons at the
following addresses:
Name(s) Address Dates
Plaintiff and Defendant 115 Harrisburg Avenue June 6, 1991 -
Rheems, PA 17507 June 26, 1996
Names dA dress Plates
Defendant 2101 Cedar Run Road June 26, 1996 -
Camp Hill, PA 17011 Present
7. The mother of the child is the Defendant, REBECCA W. GOODUNG, currently
residing at 2101 Cedar Run Road, Camp Hill, Cumberland County, Pennsylvania 17011. She is
single.
8. The father of the child is the Plaintiff, RODNEY T. GOODLING, currently
residing at 115 Harrisburg Avenue, P. 0. Box 52, Rheems, Lancaster County, Pennsylvania 17057.
He is single.
9. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff
currently resides with the following persons: self.
10. The relationship of the Defendant to the child is that of natural mother. The
Defendant currently resides with the following persons:
Name Relationshill
Juctina Lyn Goodling Daughter
1 1. Plaintiff has participated as a party in litigation concerning the custody of the child
in this court. A copy of the January 26, 2000 custody Order is attached hereto and made a part
hereof as Exhibit "A".
12. Plaintiffhas no information ofany additional custody proceeding concerning the child
pending in a court of this Commonwealth.
13. Plaintiff does not know of a person not a party to the•proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the child.
14. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
(a) Since the child's birth, the Plaintiff has been an active participant in the child's life
J
and desires to continue to be a significant part of his daughter's life;
(b) Plaintiff is able to provide proper care and supervision for the child and has done
so for her entire life;
(c) Plaintiff is able to provide a loving environment for the child and has done so for
her entire life;
(d) Plaintiffis able to provide a safe, proper physical environment for the child and has
done so for her entire life;
(e) Plaintiff believes it is in the best interest of the child :o have a meaningful and
on-going relationship with b2lh parents;
(f) Defendant has disregarded the terms of the custody order since the order was first
entered as an order;
(g) Defendant's actions suggest she does not believe she must follow the custody
order, but can independently change the terns of visitation without contacting the Plaintiff,
(h) Defendant does not demonstrate any concern for the child's feelings and requests
to enjoy visitation with the Plaintiff, when violating the terms of the present custody order;
(i) Defendant continues to visit with her paramour, placing the child in an unsafe and
inappropriate environment;
0) Defendant has repeatedly demonstrated she will take every opportunity to prevent
visitation and interaction with the Plaintiff and his daughter;
(k) Defendant has continuously placed her own selfish concerns and interests ahead
of those of the child.
15. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff, RODNEY T. GOODLING, requests this Honorable Court to:
GOODLING;
GOODLING;
GOODLING.
(a) award Plaintiff Shared Legal Custody of the minor child, JUSTINA LYN
(b) award Plaintiff Primary Physical Custody of the minor child, JUSTINA LYN
(c) award Defendant Partial Physical Custody of the minor child, JUSTINA LYN
Respectfully submitted,
GATES & ASSOCIATES, P.C.
Dated: 11, 2000
Susan Kay C i o, squire
Counsel for ain V
PA I.D. # 649
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made subject
to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
DATED; , 2000
23 .
Rodney T. Goodli g
Is) _
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6394 CIVIL TERM
CIVIL ACTION - LAW
ORDER
AND NOW, this -__a1,+ti day of 2000, upon receipt of the
Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them and their counsel, it is hereby
ordered and directed as follows:
1. The parties shall share legal custody of their minor child, Justina Lynn,
d.o.b. June 6, 1991.
2. During the school year, Mother shall have primary physical custody of
the minor child subject to periods of partial custody and visitation with Father as
follows:
A. On a schedule that includes the first, third, and fifth Saturdays, if
there is a fifth Saturday of every month. This period of time shall include
the preceding Friday and shall commence on Friday at 7:00 p.m. and end
on Sunday at 7:00 p.m. The parties shall share the transportation such that
Mother shall drop the child off at the paternal grandmother's residence no
later than 7:00 p.m. on Friday to begin this period of paifial custody and
Father shall drop the child off at Mother's residence no later than 7:00
p.m. on Sunday. .
3. During the summer months, Father shall have primary physical custody
of the minor child subject to periods of partial custody and visitation with Mother
as follows:
A. Mother shall have two full weeks in July and one full week in
August. Additionally, she shall have altemating weekends from Friday at
7:00 p.m. until Sunday at 7:00 p.m. During the summer months the
parties shall share the transportation such that Mother shall pick up the
child at the paternal grandmother's residence no later than 7:00 p.m. on
Friday and Father shall pick up the child at Mother's residence no later
than 7:00 p.m. on Sunday. This summer schedule shall commence with
the first full week of the summer after the child is released from school
and shall end the last full week of the summer before the child is to return
to school. Mother shall notify Father no later than April 0 of each year as
to the weeks in which she intends to exercise her periods of exclusive
custody.
4. The parties shall share the following holidays which are divided into
two groups:
A. Group A: New Year's Eve and Day; Memorial Day; and Labor
Day.
B. Group B: Easter, Independence Day; and Thanksgiving.
Mother shall have Group A in the year 2000 and all even years thereafter and
Group B in 2001 and all odd years thereafter. Father shall have Group A in 2001
and all odd years thereafter and Group B in 2000 and all even years thereafter.
5. The Christmas holiday shall be broken into two segments. Segment A
shall be from December 24'^ at 1:00 p.m. until Christmas Day at 1:00 p.m.;
Segment B shall be from Christmas Day at 1:00 p.m. until December 26'h at 1:00
p.m. Mother shall have Segment Ain 2000 and all even years thereafter and
Segment B in 2001 and all odd years thereafter. Father shall have Segment A in
2001 and all odd years thereafter and Segment B in 2000 and all even years
thereafter.
6. Mother shall have the child for Mother's Day and Father shall have the
child for Father's Day. These periods of partial custody and visitation shall be
from 8:00 a.m. until 8:00 p.m.
7. Transportation for the holiday periods, the Christmas period, and the
Mother's and Father's Day periods shall be shared such that the party who is
9..
entitled to custody on those particular days shall pick up the child and the other
party shall be responsible to pick up the child to end those periods of partial
custody. ;
<x
e
8. The parties agree that should the child have extended days off from
school for school holid"s, the parties shall share those times as agreed upon, and
the transportation shall be agreed upon.
9. Such other times as the parties may agree.
BY THE COURT,
J.
Allen D. Smith, Esquire
Susan K. Candiello, Esquire TRUE CV,"Y i; '!S 7TC-IRD
mlb In Testimcnr olic.,cf, i h•:rc unto my hard
and the seal of said Court -Carlisle, Pa.
This...... ?.7..... Fay ft & I
RODNEY T. GOODLING, )
Plaintiff )
VS. )
REBECCA W. GOODLING,')
Defendant )
JUDGE PREVIOUSLY ASSIGNED: None
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6394 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(are) the subject of this
litigation is as follows:
NAME BIRTHDATE CURRENTLY IN
CUSTODY OF
Justina Lynn Goodling June 6, 1991
2. A Conciliation Conference was held on January 13, 2000, and the following
individuals were present: the Plaintiff and his attorney, Susan K. Candiello, Esquire; the
Defendant and her attorney, Allen D. Smith, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
S. The Plaintiffs position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child(ren): Neith6r party requested.
8. Need for independent psychological evaluation or counseling: None M
Conciliator does not believe any is necessary.
r
Date: January 20, 2000 I
ichael L. Bangs
Custody Conciliator
EXHIBIT "C"
0
SEP 012000f C
RODNEY T. GOODLUNG, HNI I HE COURT OF CO' "VIOLA PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
0
VS. NO. 99-6394 r-)r?n
REBECCA W. GOODLING, CIVIL ACTION - LAW SEP 0 ti 2000
Defendant : CUSTODY
......v
ORDER OF OURT AND NOW, this +h day of ri d, 2000, upon consideration of the
attached Custody Conciliation Summary Report, it is ordered and directed as follows:
1. The Father, Rodney T. Goodling, and the Mother, Rebecca W. Goodling, shall
have shared legal custody of their minor Child, Justine Lyn Goodling, born June 6, 1991.
2. The Mother and the Father shall share physical custody of the minor Child in the
following fashion:
A. Father shall have his Daughter the first, third and fifth weekends. Mother
shall have her Daughter the second weekend of each month. The
weekends shall commei !ce on Friday at 7:00 PM and continue until
Sunday at 7:00 PM. It is anticipated the Child shall eat dinner with her
Paternal Grandmother cn these Friday evenings. If Mother desires to
make alternate arrangements for dinner she must contact Father, or the
Paternal Grandmother, in a timely manner, to provide notice of the change
in dinner plans. Sunday evenings Father shall return his Daughter to
Mother's residence at 7:00 PM;
B. Father shall also have the option of an evening visit with his Daughter one
evening during the week. Father must provide Mother with a 48-hour
notice of his desire to exercise his option. The Paternal Grandfather will
then bring the Child to his h^me s!tcr school, wh3re the Father may pick
up the Child after school. Father shall have his Daughter back to Mother's
home by 9:00 PM that same evening;
C. With the added weekend visitation, Father has agreed to assume the
additional responsibility of providing his Daughter with a continuing
Christian education. This does not mean that the former religious service
must be attended by the parties' Daughter every Sunday morning. This
does mean Father shall provide his Daughter with the opportunity to be
exposed to Christian tee chings and educational materials every weekend
which he has custody of his Daughter,
.... ?.._ "" .......w?aJ.'+?r'.'.'...?I"gib:
3. Father's name, address and telephone number shall be placed on all emergency
cards, childcare documents, school documents, etc. Father shall be provided
with full access to the Child's school, medical, dental, psychological, religious
and any extracurricular activities, records and documents. Father shall be
identified as an individual with the ability to pick up his Daughter from the school,
daycare, and any other facilities or groups requiring such permission. Mother
shall take whatever steps are necessary to place Father's name on all
emergency and notification documents for the parties' Daughter,
Mother agrees to consult with Father regarding the decision for the Child's
participation in any activity for which the Father would be responsible for
assisting in the transportation, attendance in which would have an effect upon
the Father's visitation time;
4. Should the Child become ill or for whatever reason not be able to attend school,
school Is dismissed early, school is canceled, and/or there is a vacation day from
school, and Mother is unable to remain at home with the Child, Father shall be
notified by Mother, at the earliest possible date or time, to enable him to provide
care for his Daughter In lieu of the Child being placed In daycare or going to the
Mother's office. It shall also be acceptable for the Child's Maternal Grandfather
to be notified at these times and then for him to notify Father, who can exercise
this option to take custody of his Daughter. At such times, Father shall return his
Daughter to Mother when it is reasonable to do so.
The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child
during any of the holidays and/or vacations from school, the Mother agrees to
notify Father, in a timely fashion, of her inability to care for the Child and Father
may then obtain the Child thus thwarting the necessity of the Child being at
daycare or being at the Mother's office. Paternal Grandfather and Paternal
Grandmother may also be used as a resource for the Child during periods when
neither Mother nor Father can provide the necessary care for their Child.
6. The parties shall alternate, annually, the following holidays: Father shall have
the even-numbered holidays in even-numbered years and Mother shall have
odd-numbered holidays in odd-numbered years. These holidays shall supercede
the regular schedule for visitation. The holiday visitation period shall begin at
8:00 AM and end at 8:00 PM. The arrangements for transportation and
exchange of the Child shall be the same as for weekend visitation;
Holidays:
1. New Year's Eve and New Year's Day
2. Easter
3. Memorial Day
4. IIIUC}7CIIUOIII•tl Day
5. Labor Day
6. Thanksgiving
A. Father has Good Friday as a vacation day, therefore Father shall have
partial custody of the Child on Good Friday. Father agrees to take the
Child to church services on Good Friday;
B. The parties agree the Sunday before Christmas every year Father shall
have his Daughter in the morning and early afternoon for his special once-
a-year celebration with his family. Mother shall have her Daughter every
year in the late afternoon and early evening for her special annual church
Christmas party;
C. Christmus 2000 shall be arranged as follows: Father shall have custody
Christmas Day through December 27th at 7:00 PM. Mother shall have
December 28th through January 1st.
Thereafter, The parties shall alternate annually the Christmas holiday. In
the odd-numbered years Father will have the Child Christmas Eve from
5:00 PM through Christmas Day at 1:00 PM. Mother shall have the Child
from Christmas Day at 1:00 PM until the day after Christmas at 1:00 PM;
D. For the Thanksgiving holiday of 2000 Father shall have physical custody
of the Child from Wedn-Bsday after school until Sunday following
Thanksgiving at 7:00 PM. In exchange for this extended Thanksgiving
holiday, Mother shall have her custodial period for Columbus Day
weekend extended through the Monday holiday period.
E. Father shall have the Child on Father's Day and Mother shall have the
Child on Mother's Day. The time shall be the same as for other
superceding holidays, 8:00 AM through 8:00 PM;
F. The Child's birthday shall be alternated annually with Father having the
Child for her birthday In the year 2001. The Child's birthday is June 6th,
this is often a school day. If the day is a school day the Father shall have
the ability to get the Child following school through 9:00 PM. When the
Mother has the Child for her birthday, Father shall be able to have a
completed telephone call with the Child before the end of the day;
G. The first full week following the dismissal of school for the year In June
and continuing until the Sunday prior to the first day of school at the
conclusion of the summer, Father shall enjoy custody of his Daughter
weekly and on alternating weekends. Mother shall enjoy visitation with
the Child on alternating weekends. Mother shall begin her weekend of
Custody •-Juuy y by gou wy Y:ri- tics ualiDaa L n It o i --aa I I IuL i a rat o? a, nai Ciaiwdm 01 ltSeii Io w L
y,C,ii&
after work on Friday evening and Father will get his Daughter from
Mother's residence Sunday evening by 8:00 PM;
H. Mother shall have the option of requesting two weeks of vacation and the
days necessary for the Child to attend church camp. Church camp is
presently Thursday through Sunday of a week during the summer.
Mother shall provide Father with written notice of the weeks she desires
the Child for vacation and the week the Child will be in church camp
by the first of that same year to allow each party sufficient time to make
their vacation plans;
When the Child is in the custody of the parent, the Child shall be provided
with the opportunity to make a minimum of 2-3 completed telephone calls
to the non-custodial parent each week. All messages from the non-
custodial parent shall be given to the Child, with the opportunity to make a
return telephone call at that time. Father provided Mother with a message
machine, Mother agrees to keep the message machine on or one which
Mother chooses to utilize available to Father at all times;
7. The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in, and which is at
minimum in reasonably good condition.
9. Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their individual custodial periods with their Child such as food,
school lunches, gifts which must be purchased during that time, and other
minimal extraneous purchases.
10. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the Child is in school. Should either party desire to move a greater
distance , that party shall provide the other with a minimum of 3-months' notice
and the reason for the desired move. The parties will then discuss the proposed
move and work toward a joint decision regarding the modification of this Order.
11. The parties shall share with each other the name and address of any child
caregiver whom they have chosen to use.
12. The party with physical custody of the Child shall keep the other party fully
fully aware and informed of any successes, difficulties, activities, emergencies,
- etc., with which tha Child may baccmo inr.clvad.
13. The parties shall be free to mutually agree and to alter and/or change the terms
of this Agreement.
14. Transportation for any Friday night exchanges shall be provided by Mother. On
those occasions when Mother provides transportation at the conclusion of her
custodial period op Friday nights, Father shall provide transportation at the
conclusion of h custodial period.
15. The parties shall consult with the pediatrician regarding the Child's continued
incontinence a d nail biting habit and shall follow up with counseling or medical
treatment as re ommended by the pediatrician.
16. the parents snAll participate In a minimum of eight co-parenting sessions to
improve their communications and a level of cooperation between the parties.
Expenses associated with this counseling and not reimbursed by the parties'
medical insurance shall be shared in equal proportions between the parties.
BY THE COURT,
JS J.
Ke in A. Hess
Dist: Allen D. Smith, Esquire
Susan Kay Candiello, Esquire
Thur.' c ;Y minim ..J ,.
.;, Tcsti ny crh_raof, I here ur to r.•v hand
and i eat of said urt -iisle Ps.
Thi ..S1 •••••
/
Pr honotary
EXHIBIT "D"
j.
L 'y§
s
w
zyti
si
ROBERT T. GOODLING
PLAINTIFF
V.
REBECCA W. GOODLING
DEFENDANT
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
99-6394 CIVIL ACTION LAW
IN CUSTODY
COPY
AND NOW, this 17th day of November , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator,
at_ 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 18th day of December , 2000, at 11:15 a.m.
for a Pre-Hearing Custody Conference. At such conference, an cffo 'II be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues be heard by the court, and to enter into a temporary
order. All children age five or older may nlsc be present at to conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT.
Melissa P .r e+ v sq, 1 ,7 _
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the courL You must
attend the scheduled conference or hearing.
rr
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166 T" ?_ • • _ , '.
In Tr
and ibc ::c a 1 n y Yh
This .-..,:.7 ... day of
1 r a?
?
v 'I
Prothonotary
RODNEY T. GOODLING, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
va. : NO. 99-6394
REBECCA W. GOODLING, ACTION FOR CUSTODY
(? O (p? ?/J
DEFENDANT V' ?_' t(
ORDER
AND NOW, this day of November, 2000, as a result of the Emergency Petition for
Contempt and Special Reliefs
IT IS HEREBY ORDERED AND DIRECTED:
Plaintiff, RODNEY T. GOODLING, shall be temporarily awarded Primary Physical Custody
of his daughter, JUSTINA LYN GOODLING, until further determination by this Court is made
concerning what actions are in the best interests of this minor child.
Until a hearing can be held, Defendant, REBECCA W. GOODLING, shall only be allowed
supervised visitation until the safety of the minor child, JUSTINA LYN GOODLING, can be
determined.
Defendant, REBECCA W. GOODLING, shall be brought before this court for charges of
contempt of the Order of this court dated September 5, 2000.
BY THE COURT:
J.
RODNEY T. GOODLING, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 99-6394
REBECCA W. GOODLING, : ACTION FOR CUSTODY (DO pM
DEFENDANT Ply
EMERGENCY PETITION FOR CONTEMPT:.
AND SPECIAL RELIEF
AND NOW, comes the Plaintiff, RODNEY T. GOODLING, by and through NO
counsel, Gates and Associates, P.C., and respectfully represents as follows:
1. The current custody Order, dated September 5, 2000, in the above action is an
agreement entered into following a conciliation conference with Melissa Peel Greevy, Esquire. A
copy of the Order is attached as Exhibit "A" and made a part hereof.
2. The Defendant has failed to comply with several of the terms in the present custody
order, which are as follows:
a) Custody Order, paragraph 2, subparagraph A. "It is anticipated the Child
shall eat dinner with her Paternal Grandmother on these-Waay pvegings."
Defendant has consistently stopped at fast food restanrantsjust poor to bringing'
11 .
the child to her Paternal Grandmother's home to prevent the Child from eating a
home cooked meal with her Paternal Grandmother. The Grandmother, who is 82
years old, is unable to discuss the Defendant's actions with her;
b) Custody Order, paragraph 2, subparagraph B, "Father shall also have the
option of an evening visit with his Daughter one evening during the week. Father
must provide Mother with a 48-hour notice..." October 1, 2000, Father returned
his Daughter to the Mother's home at 5:00 p.m. per the Custody Order. Father
requested to have visitation with his Daughter on October 3, 2000 at 5:00 p.m.
Mother stated she had no plans, but Father had made his request only 46 hours
ahead of time and not the required 48 hours, and denied his request for visitation.
Similar incidents have occurred when Father made requests for extra time with his
daughter,
c) Custody Order, paragraph 6, subparagraph 1. "When the Child is in the
custody of the parent, the Child shall be provided with the opportunity to make a
minimum of 2-3 completed telephone calls to the non-custodial parent each week,"
1) September 1, 2000, the Child stated to her Father she is not
allowed to make any telephone calls to her Father.
2) Week of September 17, 2000, no telephone calls were received,
nor were Father's telephone calls and/or messages answered.
3) Week of September 24, 2000, no telephone calls were received,
nor were the Father's telephone calls and/or messages answered.
4) Week of October 13, 2000, no telephone calls were received,
nor were the Father's telephone calls and/or messages answered.
5) Week of October 16, 2000 no telephone calls were received,
nor were the Father's telephone calls and/or messages answered.
6) Week of October 23, 2000, no telephone calls were received,
nor were the Father's telephone calls and/or messages answered.
7) Finally on October 27, 2000, Father left two messages for his
daughter, but no responses were made. October 28, 2000, the Child called,
leaving a brief message for her father. The Child sounded scared and
upset. Worried, Father tried to telephone the Child on October 29 and 30,
2000 but could not contact his daughter, nor were his messages returned..
8) October 31, 2000 Father called his daughter again, but was told
by Mother he could not speak with his daughter.
9) November I, 2000, Father called again and his daughter was
allowed to speak with him for two (2) minutes
d) Custody Order, paragraph 4. "Should the Child become ill or for
whatever reason not be able to attend school... and Mother is unable to remain
home with the Child, Father shall be notified by Mother, at the earliest possible
date or time, to enable him to provide care for his Daughter, in lieu of ...."
October 30, 2000, the Child had a vacation day from school and was placed by the
Mother with the maternal grandparents. Father had vacation that entire week and
could have gotten his daughter with the required notice from Mother. but Mother
never told Father of this time away from school, Vt
e) Custody Order, paragraph 7. "The parties shall not use the Child as a
messenger for any type of message, oral or written." September 6, 2000, through
the present, Mother has continuously given the Child verbal messages to give to
Father, refusing to communicate with Father;
f) Custody Order, paragraph 8. "Mother shall provide the Child with
sufficient clothing, which is appropriate for weather, the activities which the parties
plan to engage in, and which is at minimum in reasonably good condition."
1) August 20, 2000, the Child was sent to a .family event wearing
old play clothes (nice clothing had been requested by Father) without any
jacket or sweater for the very cool evening.
2) August, 2000, during Father's last full week of visitation,
Mother did not send any clothing at all.
3) October 1, 2000, Father requested Mother send a dress and
good shoes for a church activity. Mother sent old play clothes.
4) November 3, 2000, the Child did not have sufficient clothing for
the weekend. Child was sent with only one pair of pants and was not
provided with any type ofjacket, even though the temperatures were 40
degrees and below.
g) Custody Order, paragraph 12. "The party with physical custody of the
Child shall keep the other party fully aware and informed of any successes,
difficulties, activities, emergencies, etc., with which the Child may become
involved."
1) October 10, 2000, the Child's teacher, Mr. Wible, contacted
Father to inquire about a note Mr. Wible had sent home to Mother about a
problem the Child was having in clash. Moth^.r had never responded to )OIr.
Wible's note;
2) Father has never receiveWiny Information and/or documents
from Mother. Father must contact the school, identify exactly what
information and documents he wants and provide a self-addressed, stamped
envelope to be able to obtain any information and/or documents for his
daughter.
h) Custody Order, paragraph 15. "The parties shall consult with the
;?'j(Jt`1`N1tie
pediatrician regarding the Child's continued incontinence and nail biting habit arld
shall follow up with counseling or medical treatment as recommended by the
pediatrician."
1) Mother has not scheduled any appointments for the Child to
identify what problems are causing these symptoms;
2) The Child continues to have difficulty with incontinence, soiling
her underwear daily and, when at home with her Mother, the Child states
her Mother has her wear diapers during the night.
i) Custody Order, paragraph 16. "The parents shall participate in a
minimum of eight co-parenting sessions to improve their communications and a
level of cooperation between the parties." Father has been attending counselinV ,
sessions to assist him with his communication. Mother has refused to
communicate with Father to arrange for any counseling/parenting sessions.
3. Father has been told by his daughter she is still being taken to Baltimore by her Mother
a minimum of one to two (1-2) times a week, often on Tuesday and Wednesday nights, always on
school nights, for her Mother to visit with her paramour.
4. Father has been told by his daughter her Mother drinks cans of beer while driving to
and from Baltimore and has her throw away and/or hide the empty cans of hrrr
5. Father has been told by his daughter her Mother already been stopped by the police and
has had her daughter hide the beer and lie for her to the police.
6. The Child has taken books out of theAchool Iitrary about drunk driving.
7. Father has been told by his daughter she is afraid riding in the car when her Mother is
drinking and worries whether she will see her Father again, before she is killed in an automobile
accident as a result of her Mother's drinking while driving.
8. The Child tells her Father she has to complete her homework in restaurants and/or in
the car while going to Baltimore and she does not get home until late in the morning and, as a
result, is very sleepy in school on those days.
9. The Child tells her Father she is being exposed to her Mother and her paramour
drinking alcoholic beverages and engaging in various sexual activities in the car on her trips to
Baltimore.
10. Defendant resides in a one bedroom apartment with bunk beds in the bedroom.
Defendant and her daughter share this one bedroom.
11. The Child told her Father the last time Mother's paramour came to her Mother's
home, they all slept in the living room, the Child on the floor and Mother slept on top of her
Paramour on the couch.
i'
12. The Child told her Father her Mother hits her and throws things at her and she cannot
Italk to her Mother or tell her things because she is afraid of her.
13. The Child talks constantly about moving to her Father's home, where she will be safe,
happy, have good food, nice clothes, friends, a family, and many other things.
14. The Child has written and given several documents to her Father, which indicate the
child's state of mind. Copies of these documents are attached as Exhibit "B" and made a part
hereof.
15. The Child, turning to another adult to help her, has shared these same fears and
statements with her teacher and guidance counselor at her school.
16. The school professionals have stated they will not get involved in custody issues but
the school has referred the child to a case worker, who has made reports to the Children and
Youth Agency about the Child's statements.
17. In summary, Plaintiff is extremely fearful for the physical and psychological safety and
health of his daughter, JUSTINA LYN GOODLING, for the following reasons:
a) Plaintiff is fearful for his daughter, JUSTINA'S safety while traveling late at
night and early in the morning with her Mother, especially since her Mother consumes
alcohol while driving during these times;
b) Plaintiff is fearful for his daughter, JUSTINA'S psychological well being since
she is exposed to the explicit adult sexual activities between the Mother and her paramour;
c) Plaintiffdoes not believe it is in his daughter, JUSTINA'S best interest and
well-being to be out late at night, without the proper time and environment to complete
her homework, eat, do activities a child her age would like to do, and go to bed at a
proper hour;
d) Plaintiff is fearful for his daughter, JUSTINA'S physical and psychological well
being as her problem with incontinence continues and is not addressed;
e) Plaintiff is concerned about his daughter, JUSTINA'S safety and well being as
Justina begins to challenge and question her Mother's statements, rules and activities, with
the resulting arguments and fights, in which Mother has already struck and thrown things
at his daughter;
f) Plaintiff believes the Defendant has and continues to demonstrate a complete
and utter disregard for her daughter's physical and psychological safety and well being;
g) Plaintiff believes the Defendant is not able at this time to function as a parent,
placing a priority upon her needs and desires ahead of those of the Child's needs and best
interests;
Plaintiff, RODNEY T. GOODLING, because of his great love and concern for'his
daughter and his overwhelming fear for her physical and psychological health, respectfully
requests this Honorable Court:
1) Award him Primary Physical Custody of his daughter, JUSTINA LYN
GOODLING, granting Defendant, REBECCA W. GOODLING, Partial Physical
Custody in the form of supervised visitation until the safety of his daughter can be
determined;
2) Find the Defendant, REBECCA W. GOODUNG, in contempt of the
Order of this court dated September 5, 2000;
3) Find the Defendant, REBECCA W. GOODLING, responsible for all
the Plaintiffs counsel fees and all other costs and expenses this court shall deem
appropriate;
4) Take whatever other actions this Honorable Court shall deem
appropriate in light of the Defendant's calculated and deliberate actions which have
caused irreparable harm to the parties' minor child.
Respectfully submitted,
GATES & ASSOCIATES, P.C.
Dated: November 2000
Susan Kay Esquire
Counsel jc Plain lU
PA I.D. # 5
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
VERIFICATION
The undersigned hereby verities that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made subject
to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
DATED: 2000 ,
Rodney T. Goodlig
SEP 012000bf'
RODNEY T. GOODLING,
Plaintiff
vs.
REBECCA W. GOODLING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394 r)r (0A)rP rT-7r
: CIVIL ACTION - LAW
: CUSTODY SEP B UP
ORDER QE COUR -----_--
AND NOW, this +h day of 2000, upon consideration of the
attached Custody Conciliation Summary Repo , it is ordered and directed as follows:
1. The Father, Rodney T. Goodling, and the Mother, Rebecca W. Goodling, shall
have shared legal custody of their minor Child, Justina Lyn Goodling, born June 6, 1991.
2. The Mother and the Father shall share physical custody of the minor Child in the
following fashion:
A. Father shall have his Daughter the first, third and fifth weekends. Mother
shall have her Daughter the second weekend of each month. The
weekends shall commence on Friday at 7:00 PM and continue until
Sunday at 7:00 PM. It is anticipated the Child shall eat dinner with her
Paternal Grandmother on these Friday evenings. If Mother desires to
make alternate arrangements for dinner she must contact Father, or the
Paternal Grandmother, in a timely manner, to provide notice of the change
in dinner plans. Sunday evenings Father shall return his Daughter to
Mother's residence at 7:00 PM;
B. Father shall also have the option of an evening visit with his Daughter one
evening during the week. Father must provide Mother with a 48-hour
notice of his desire to exercise his option. The Paternal Grandfather will
then bring the Child to his home after school, where the Father may pick
up the Child after school. Father shall have his Daughter back to Mother's
home by 9:00 PM that same evening;
C. With the added weekend visitation, Father has agreed to assume the
additional responsibility of providing his Daughter with a continuing
Christian education. This does not mean that the former religious service
must be attended by the parties' Daughter every Sunday morning. This
does mean Father shall provide his Daughter with the opportunity to be
exposed to Christian teachings and educational materials every weekend
which he has custody of his Daughter;
Father's name, address and telephone number shall be placed on all emergency
cards, childcare documents, school documents, etc. Father shall be provided
with full access to the Child's school, medical, dental, psychological; religious
and any extracurricular activities, records and documents. Father shall be
identified as an Individual with the ability to pick up his Daughter from the school,
daycare, and any other facilities or groups requiring such permission. Mother
shall take whatever steps are necessary to place Father's name on all
emergency and notification documents for the parties' Daughter;
Mother agrees to consult with Father regarding the decision for the Child's
participation in any activity for which the Father would be responsible for
assisting in the transportation, attendance in which would have an effect upon
the Father's visitation time;
4. Should the Child become ill or for whatever reason not be able to attend school,
school is dismissed early, school is canceled, and/or there is a vacation day from
school, and Mother is unable to remain at home with the Child, Father shall be
notified by Mother, at the earliest possible date or time, to enable him to provide
care for his Daughter in lieu of the Child being placed In daycare or going to the
Mother's office. It shall also be acceptable for the Child's Maternal Grandfather
to be notified at these times and then for him to notify Father, who can exercise
this option to take custody of his Daughter. At such times, Father shall return his
Daughter to Mother when it is reasonable to do so.
5. The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child
during any of the holidays and/or vacations from school, the Mother agrees to
notify Father, in a timely fashion, of her inability to care for the Child and Father
may then obtain the Child thus thwarting the necessity of the Child being at
daycare or being at the Mother's office. Paternal Grandfather and Paternal
Grandmother may also be used as a resource for the Child during periods when
neither Mother nor Father can provide the necessary care for their Child.
6. The parties shall alternate, annually, the following holidays: Father shall have
the even-numbered holidays in even-numbered years and Mother shall have
odd-numbered holidays in odd-numbered years. These holidays shall supercede
the regular schedule for visitation. The holiday visitation period shall begin at
8:00 AM and end at 8:00 PM. The arrangements for transportation and
exchange of the Child shall be the same as for weekend visitation;
Holidays:
1. New Year's Eve and New Year's Day
2. Easter
3. Memorial Day
4. Independence Day
5. Labor Day
6. Thanksgiving
A. Father has Good Friday as a vacation day, therefore Father shall have
partial custody of the Child on Good Friday. Father agrees to take the
Child to church services on Good Friday;
B. The parties agree the Sunday before Christmas every year Father shall
have his Daughter in the morning and early afternoon for his special once-
a-year celebration with his family. Mother shall have her Daughter every
year in the late afternoon and early evening for her special annual church
Christmas party;
C. Christmas 2000 shall be arranged as follows: Father shall have custody
Christmas Day through December 27th at 7:00 PM. Mother shall have
December 28th through January 1st.
Thereafter, The parties shall alternate annually the Christmas holiday. In
the odd-numbered years Father will have the Child Christmas Eve from
5:00 PM through Christmas Day at 1:00 PM. Mother shall have the Child
from Christmas Day at 1:00 PM until the day after Christmas at 1:00 PM;
D. For the Thanksgiving holiday of 2000 Father shall have physical custody
of the Child from Wednesday after school until Sunday following
Thanksgiving at 7:00 PM. In exchange for this extended Thanksgiving
holiday, Mother shall have her custodial period for Columbus Day
weekend extended through the Monday holiday period.
E. Father shall have the Child on Father's Day and Mother shall have the
Child on Mother's Day. The time shall be the same as for other
superceding holidays, 8:00 AM through 8:00 PM;
F. The Child's birthday shall be alternated annually with Father having the
Child for her birthday in the year 2001. The Child's birthday is June 6th,
this Is often a school day. If the day is a school day the Father shall have
the ability to get the Child following school through 9:00 PM. When the
Mother has the Child for her birthday, Father shall be able to have a
completed telephone call with the Child before the end of the day;
G. The first full week following the dismissal of school for the year in June
and continuing until the Sunday prior to the first day of school at the
conclusion of the summer, Father shall enjoy custody of his Daughter
weekly and on alternating weekends. Mother shall enjoy visitation with
the Child on alternating weekends. Mother shall begin her weekend of
custody by getting her Daughter at the Paternal Grandmother's home
after work on Friday evening and Father will get his Daughter from
Mother's residence Sunday evening by 8:00 PM;
H. Mother shall have the option of requesting two weeks of vacation and the
days necessary for the Child to attend church camp. Church camp is
presently Thursday through Sunday of a week during the summer.
Mother shall'provide Father with written notice of the weeks she desires
the Child for vacation and the week the Child will be in church camp
by the first of that same year to allow each party sufficient time to make
their vacation plans;
When the Child is in the custody of the parent, the Child shall be provided
with the opportunity to make a minimum of 2-3 completed telephone calls
to the non-custodial parent each week. All messages from the non-
custodial parent shall be given to the Child, with the opportunity to make a
return telephone call at that time. Father provided Mother with a message
machine, Mother agrees to keep the message machine on or one which
Mother chooses to utilize available to Father at all times;
7. The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
8. Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in, and which is at
minimum in reasonably good condition.
9. Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their Individual custodial periods with their Child such as food,
school lunches, gifts which must be purchased during that time, and other
minimal extraneous purchases.
10. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the Child is in school. Should either party desire to move a greater
distance , that party shall provide the other with a minimum of 3-months' notice
and the reason for the desired move. The parties will then discuss the proposed
move and work toward a joint decision regarding the modification of this Order.
11. The parties shall share with each other the name and address of any child
caregiver whom they have chosen to use.
12. The party with physical custody of the Child shall keep the other party fully
fully aware and informed of any successes, difficulties, activities, emergencies,
etc., with which the Child may become involved.
13. The parties shall be free to mutually agree and to alter and/or change the terms
of this Agreement.
14. Transportation for any Friday night exchanges shall be provided by Mother. On
those occasions when Mother provides transportation at the conclusion of her
custodial period on Friday nights, Father shall provide transportation at the
conclusion of his custodial period.
15. The parties shall consult with the pediatrician regarding the Child's continued
incontinence an6 nail biting habit and shall follow up with counseling or medical
treatment as recommended by the pediatrician.
16. The parents shall participate In a minimum of eight co-parenting sessions to
improve their communications and a level of cooperation between the parties.
Expenses associated with this counseling and not reimbursed by the parties'
medical insurance shall be shared in equal proportions between the parties.
BY THE COURT,
1S
/ .,L J.
Win A. Hess
Dist: Allen D. Smith. Esquire
Susan Key Candiello. Esquire
it i st'.rAny ;;hsrof, I hero ur?lisr- " ',, hand
and tit6heal of said Ourt I
ry
P .•OB
Good Things at my Dad's
I have a family here.
They cook food.
They. buy me nice clothes.
They don't drink and drive.
We don't go out to eat many times.
They don't make children sleep in cars.
They are very nice people.
They don't lie.
I have friends here.
I can ride bike because it is a safe neioberhood.
I can have sleepovers with friends.
I have a yard to play in.
They don't have to do my homework in a restant.
They make shore we all get exiserise.
We look at catloges.
I feel loved.
I am not scared.
Get to watch my shows.
1 have respoibilites here.
I am not hit when someone is angry.
November 4, 2000
r. vy
Bad Things at my Mom's
She lies and I cacth her.
Don't cook food.
I don't have my own room and no yard.
I have to wacth my mom's football instead of some of
my own shows.
Not home very often.
When she gets mad at me she hits me.
I don't have nice clothes there.
I don't get enouth sleep.
She foces me to do stuff I don't want to do.
I don't get to make deshions in our house.
I am around people who smoke.
I don't see friends. ;
Don't look at magenes.
November 4, 2000
Nov-06-00 12:54P
My Summer
This summer was cool. I saw my friends a
lot.
I ha some sleep overs. I had to do some
cho es. I went swimming alot. We crashed
partes.We helped each other.Emily and I
got ogether fine.But I must amit we did
pick on each other.I used the computer like I
did tor this project.
I do 't mean to make my mom feel bad but :I
had lot of fun this summer.My mom never
too me to the kind of parties my family
do here have.I want to make it CLEAR
THAT I HATE GOING DOWN TO
GARY'S.
P. 1P
People have to realize I have a family down
at dad's to . .
By.
Justina. lyn.
Goodling
r . J 1
- . I -- .... .... "Ur
The Right Things To Do
On school nights do homework or
study.
Fat healthy food and exercise .
Ask for help when you need it.
Never lie to anyone.
On school nights don't go to bed
late.
Be a good friend to friends and share.
Be a. good sport at games.
Don't be the boss.
Have a nice smile.
Don't be mean or stupid.
P., 12
IT IS IMPORTANT
TO HAVE A NICE
DAY!! ,..,...,L,..Go.al.,
EXHIBIT "E"
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
AND NOW, this J Tl day of a , 2001, upon consideration of the
attached Custody Conciliation Summary Report, it is r ered and directed as follows:
1. The parties shall submit themselves and their minor child to an evaluation by
Pauline Wallin, Ph. D. This shall be an independent custody evaluation. The parties
shall sign all necessary releases and authorizations for the evaluator to obtain medical
and psychological Information pertaining to the parties. Cost of this evaluation shall be
paid by the parties in equal amounts.
2. A Hearing is scheduled in Court Room # of the Cumberland County
Courthouse, on the day of , 2001 at
o'clock _ m., at which time testimony shall be taken. For the purposes of the
Hearing, the Father, Rodney T. Goodiing, shall be deemed to be the moving party and
shall proceed initially with testimony. Counsel for the parties or the parties pro se shall
file with the Court and opposing counsel/party a Memorandum setting forth each party's
position on custody, a list of witnesses who are expected to testify at the Hearing, and a
summary of the anticipated testimony of each witness. These Memoranda shall be filed
at least 10 days prior to the Hearing date.
3. Pending further Order of Court, or agreement of the parties, the Father, Rodney
T. Goodling, and the Mother, Rebecca W. Goodling, shall have shared legal custody of
their minor Child, Justine Lyn Goodling, born June 6, 1991. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding her health, education and religion. Pursuant to the terms of
Pa,C.S.. § 5309, each parent shall be entitled to all records and Information pertaining
to the Child Including, but not limited to, medical, dental, religious or school records, the
residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to
make the records and Information of reasonable use to the other parent.
No. 99-6394
4. The Mother and the Father shall share physical custody of the minor Child in the
following fashion:
A. Father shall have his Daughter the first, third and fifth weekends. Mother
shall have her Daughter the second weekend of each month. The
weekends shall commence on Friday at 7:00 p.m. and continue until
Sunday at 7:00 p.m.. Sunday evenings Father shall return his Daughter
to Mother's residence at 7:00 p.m.
B. Father shall also have the option of an evening visit with his Daughter one
evening during the week. Father must provide Mother with a 48-hour
notice of his desire to exercise his option. The Paternal Grandfather will
then bring the Child to his home after school, where the Father may pick
up the Child after school. Father shall have his Daughter back to Mother's
home by 9:00 p.m. that same evening.
C. With the added weekend visitation, Father has agreed to assume the
additional responsibility of providing his Daughter with a continuing
Christian education. This does not mean that the former religious service
must be attended by the parties' Daughter every Sunday morning. This
does mean Father shall provide his Daughter with the opportunity to be
exposed to Christian teachings and educational materials every weekend
which he has custody of his Daughter.
D. In the event that there is a Monday holiday, the parent having custody of
the child for the weekend immediately prior to the Monday shall have the
option of retaining custody for that Monday, if that parent is not at work. In
the event that the parent is working on the Monday holiday, the parties
shall contact each other to arrange for the child's care, prior to arranging
for care by a third party, as is provided in Paragraph 6 of this Order.
E. In addition to the second weekend of the month, Mother shall have
physical custody when the child is not is custody of the Father.
5. Father's name, address and telephone number shall be placed on all emergency
cards, childcare documents, school documents, etc. Father shall be provided
with full access to the Child's school, medical, dental, psychological, religious
and any extracurricular activities, records and documents. Father shall be
identified as an individual with the ability to pick up his Daughter from the school,
daycare, and any other facilities or groups requiring such permission. Mother
shall take whatever steps are necessary to place Father's name on all
emergency and nutification documents for the parties' Daughter.
No. 99-6394
Mother shall to consult with Father regarding the decision for the Child's
participation in any activity for which the Father would be responsible for
assisting in the transportation, attendance in which would have an effect upon
the Father's visitation time.
6. Should the Child become ill or for whatever reason not be able to attend school,
school is dismissed early, school is canceled, and/or there is a vacation day from
school, and Mother Is unable to remain at home with the Child, Father shall be
notified by Mother, at the earliest possible date or time, to enable him to provide
care for the Child in lieu of the Child being placed in daycare or going to the
Mother's office. It shall also be acceptable for the Child's Maternal Grandfather
to be notified at these times and then for him to notify Father, who can exercise
this option to take custody of the Child. At such times, Father shall return the
Child to Mother when it is reasonable to do so.
7. The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child
during any of the holidays and/or vacations from school, the Mother agrees to
notify Father, in a timely fashion, of her inability to care for the Child and Father
may then obtain the Child thus thwarting the necessity of the Child being at
daycare or being at the Mother's office. Paternal Grandfather and Paternal
Grandmother may also be used as a resource for the Child during periods when
neither Mother nor Father can provide the necessary care for their Child.
8. The parties shall alternate, annually, the following holidays: Father shall have
the even-numbered holidays in even-numbered years and Mother shall have
odd-numbered holidays in even-numbered years. Father shall have odd
numbered holidays in odd-numbered years and Mother shall have even
numbered holidays in odd numbered years. These holidays shall supercede the
regular schedule for visitation. Unless otherwise agreed, the holiday visitation
period shall begin at 8:00 a.m. and end at 8:00 p.m.. The arrangements for
transportation and exchange of the Child shall be the same as for weekend
visitation.
Holidays:
1. Easter
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving
6. New Year's Eve and New Year's Day
No. 99-6394
A. Father has Good Friday as a vacation day, therefore Father shall have
partial custody of the Child on Good Friday. Father agrees to take the
Child to church services on Good Friday.
B. The parties agree the Sunday before Christmas every year Father shall
have his Daughter in the morning and early afternoon for his special once-
a-year celebration with his family. Mother shall have her Daughter every
year In the late afternoon and early evening for her special annual church
Christmas party.
C. The parties shall alternate annually the Christmas holiday. In the odd-
numbered years Father will have the Child Christmas Eve from 5:00 p.m.
through Christmas Day at 1:00 p.m. and Mother shall have the Child from
Christmas Day at 1:00 p.m. until the day after Christmas at 1:00 PM. In
even-numbered years, Mother will have the Child Christmas Eve from
5:00 p.m. through Christmas Day at 1:00 p.m. and Father shall have the
Child from Christmas Day at 1:00 p.m. until the day after Christmas at
1:00 P.M.
D. Father shall have the Child on Father's Day and Mother shall have the
Child on Mother's Day. The time shall be the same as for other
superceding holidays, 8:00 a.m. through 8:00 p.m.
E. The Child's birthday shall be alternated annually with Father having the
Child for her birthday in the year 2001. The Child's birthday Is June 6th,
this is often a school day. If the day is a school day the Father shall have
the ability to get the Child following school through 9:00 p.m. When the
Mother has the Child for her birthday, Father shall be able to have a
completed telephone call with the Child before the end of the day.
F. The first full week following the dismissal of school for the year in June
and continuing until the Sunday prior to the first day of school at the
conclusion of the summer, Father shall enjoy custody of his Daughter
weekly and on alternating weekends. Mother shall enjoy visitation with
the Child on alternating weekends. Mother shall begin her weekend of
custody by picking up the child at the Paternal Grandmother's home after
work on Friday evening and Father will pick up the child from Mother's
residence Sunday evening by 8:00 p.m.
G. Mother shall have the option of requesting two weeks of vacation and the
days necessary for the Child to attend church camp. Church camp is
presently Thursday through Sunday of a week during the summer.
No. 99-6394
Mother shall provide Father with written notice of the weeks she desires the
Child for vacation and the week the Child will be in church camp
by the first of that same year to allow each party sufficient time to make their
vacation plans.
H. When the Child is in the custody of the parent, the Child shall be provided
with the opportunity to make a minimum of 2-3 completed telephone calls
to the non-custodial parent each week. All messages from the non-
custodial parent shall be given to the Child, with the opportunity to make a
return telephone call at that time. Mother shall keep an answering
machine in use.
9. The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
10. Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in, and which is at
minimum in reasonably good condition.
11. Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their individual custodial periods with their Child such as food,
school lunches, gifts which must be purchased during that time, and other
minimal extraneous purchases.
12. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the Child is in school. Should either party desire to move a greater
distance , that party shall provide the other with a minimum of 3-months' notice
and the reason for the desired move. The parties will then discuss the proposed
move and work toward a joint decision regarding the modification of this Order.
13. The parties shall share with each other the name and address of any child
caregiver whom they have chosen to use. The parties shall be entitled to
designate persons to pick up the child from school or other activities in the event
that they determine it is appropriate to do so.
14. The party with physical custody of the Child shall keep the other party fully
fully aware and informed of any successes, difficulties, activities, emergencies,
etc., with which the Child may become involved.
15. The parties shall be free to mutually agree and to alter and/or change the terms
of this Agreement.
16, Transportation for any Friday night exchanges shall be provided by Mother. On
those occasions when Mother provides transportation at the conclusion of her
custodial period on Friday nights, Father shall provide transportation at the
conclusion of his custodial period.
17. The parents shall participate in a minimum of eight conjoint co-parenting
sessions to improve their communications and establish a cooperative parenting
plan for the benefit of the child. Expenses associated with this counseling and
not reimbursed by the parties' medical insurance shall be shared in equal
proportions between the parties. Failure to cooperate with this paragraph shall
constitute a direct violation of this Order. The first appointment for this
counseling shall be scheduled to occur within 30 days of the date of this Order.
BY THE COURT,
?sl J.
Kevi A. Hess
Dist: Allen D. Smith, Esquire
Susan Kay Candlello, Esquire
TR" C^.?Y FROM RCCCRO
In Test•i ,:,y erfcrsof, I Iwo unto sm my hand
and twseatof said Court at Carlide, Pa.
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Justina Lyn Goodling June 6, 1991 Mother
2. A Conciliation Conference was held on December 18, 2000, with the
following individuals in attendance: The Father, Rodney T. Goodling, and his counsel,
Susan Kay Candtello, Esquire; the Mother, Rebecca W. Goodling, with her counsel,
Allen D. Smith, Esquire.
3. The parties were seen following Father's filing an Emergency Petition for
Contempt and Special Relief in which he sought Infer alia a change of primary custody
from Mother to himself. There has been one prior Custody Conciliation Conference
which resulted in an agreed upon Order of Court signed by Judge Hess on September
5, 2000. There has been no Order entered in response to the Emergency Petition for
Special Relief, rather the matter was referred to the Conciliator.
4. The parties did not agree to change primary custody to Father. Father's
position is based on the numerous concerns regarding the child's well being: Reports
from the child that the Mother takes her to visit Mother's boyfriend, in Baltimore,
Maryland, on school nights; the child reporting that Mother has been drinking beer while
driving with the child in the car and that when stopped by police that the Mother had the
child hide the beer and lie to the police, the child expressing worry that she may be
killed as a result of Mother's drinking and driving, the child complaining that she has to
do homework in the car and Is tired at school because of coming home late from
Baltimore, the child reporting that Mother throws things at her, the child expressing the
No. 99-6394
desire to live with Father, the child describing being present during Mother's sexual
activity with the boyfriend. Father reports that the school personnel made a referral to
Children and Youth based on things the child reported at school.
5. Mother's position is that she should retain primary custody. She does not
believe the telephone messages left for the child are appropriate. She admits that she
once threw a pack of crackers at the child. She denies exposing the child to sexual
activity. She admits to taking the child to Baltimore on school nights and that they arrive
at home by 11:30 p.m. or midnight when this occurs. She claims that the teacher says
the child's school work is not suffering. She states the trips occur less than three times
per month at present. She admits being stopped by police, but denies drinking and
driving.
6. Contempt: Father cites numerous instances where in he alleges Mother
has failed to comply with the present Order. Some of the instances seem to have been
the result of following a prior Order and it is hoped that corrections to the language of
the Order will resolve these problems. Other instances raise serious concerns regarding
the workability of shared legal custody and Mother's willingness to support the child's
relationship with Father through frequent and continuing contact Father. Specifically,
Mother has failed to comply with paragraph 6, subpart I, which requires regular phone
contact between Father and the child. In violation of paragraph 4, Mother has arranged
for child care to be provided by a third party rather than offering Father the opportunity
to care for the child. In violation of paragraph 8, Mother has not provided adequate
clothing for Father's periods of custody on a number of occasicns. In violation of
paragraph 12, Mother failed to notify Father about a concern about which the child's
teacher had sent a note home. Mother did not inform Father of the date of the
appointment with the physician which was scheduled to address the child's ongoing
incontinence, nor did she Inform him of the physician's assessment. Both parties have
attended individual counseling. However, no co-parenting counseling has begun, as is
required in paragraph 16 of the Order.
7. The parties agreed to participate in a Custody Evaluation with Dr. Pauline
Wallin. The parties also agreed to changes in the existing Order for holidays, Monday
Holidays, and clarification of legal custody language regarding Father's statutory rights
to school and educational information.
8. The Conciliator is concerned that the actions complained of in the
Contempt portion of the petition exclude Father from being informed about the child's
medical situation and functioning at school, prevent his participation in the co-parenting
of the child and subtly undermine the Father - daughter relationship. Therefore,
conjoint counseling, to include both parties, are required to assist the parties in
establishing better communication and a cooperative parenting plan. The Contempt
issues shall be addressed by the Court at the time of the Custody hearing which shall
No. 99-8394
follow the Custody Evaluation. An Interim Order is attached.
tljzz,?f f I
Date
?F
Custody Conciliator
EXHIBIT "F"
4
Paaline Wallin, Ph.D.
Licensed Arvcho%ei.sr
& Associates
201 Somh 12nd Slrca
Camp Ilill. PA 17011
(717)761.1814
PAX (717)761.1942
EMAIL: pwallin0pannllne.cnm
CUSTODY EVALUATION REPORT
April 6, 2001
Child's name: Justina Goodling
DOB: 6/6/91
Parents: Rodney Goodling (Attorney: Susan Candiello)
Rebecca Goodling (Attorney: Allen D. Smith)
Dates of evaluation: January - February 2001
Referral
This case was referred for psychological evaluation by Cumberland County Court, in order to
help determine an appropriate custody/visitation arrangement for Justina.
Assessment Procedure
• Interviews with Rebecca Goodling, Justi's mother
• Interviews with Rodney Goodling, Justi's father
• Interviews and play observations with Justi
• Interview with Lisa Hecht, Mr. Goodling's paramour
• Psychological testing:
Adults: Minnesota Multiphasic Personality Inventory (MMPI)
Justi: Drawings; Roberts Apperception Test for Children (RATC)
• Telephone consultation with Dr. John Ramirez
• Review of documents:
• Court order September 5, 2000
• Court order January 5, 2001
• Mrs. Goodling's documentation of infractions by Mr. Goodling, in failure to comply
with the 9/5/200 custody order
• Letter from Mrs. Goodling dated 2/26/01 listing additional complaints about Mr.
Goodling
• Letter from Pastor Robert Walborn to Mrs. Goodling
• Letter from Mrs. Goodling to Mr. Wible, Justi's teacher, and his response
• Letter from Mrs. Goodling's employer announcing her "employee of the month"
nomination
• Selection of Justi's drawings and notes, furnished by her father
• Telephone consultation with school personnel: Diane Zeiger (counselor), Eric Wible (4th
grade teacher), Nikki Vorkapich (3rd grade teacher), Nancy Ambrose (nurse), Mrs
McIntyre (assistant principal), Judy Burhenncy (school-based social worker with
Cumberland-Perry MH/MR)
CONSULTATION -EVALUATION - PSYCUOTUR A PY
Goodling v. Goodling... Page 1
Background Data
Mr. and Mrs. Goodling have been separated since June 1996 (and divorced a few months later),
after seven years of marriage. Justi has been living with Mrs. Goodling. In 1997 the parents
drew up an agreement between themselves, setting up a visitation schedule for Mr. Goodling.
The parents eventually went to two conciliation conferences since then, to try to work out a
mutually satisfactory arrangement.
However, each parent has accused the other of sabotaging the process. The most recent court
order (1/5/01) stipulates that the parents share legal custody, and that Mr. Goodling have
physical custody 3 weekends per month and one evening per week, as well as most of the
summer. Vacations and holidays are to be shared. The detail in this court order reflects the high
level of animosity and contention between the parents. They have been so hostile to one another
that things like incidental expenses and Justi's having sufficient clothing are written into the
order.
It is also stated in the most recent court order that the parents be involved in counseling to
improve their communication and cooperate with one another in the raising of their daughter.
The parents live at considerable driving distance from one another: Mrs. Goodling lives in Camp
Hill, and Mr. Goodling lives in Mt. Joy.
REBECCA GOODLING
Interview Data
Mrs. Goodling arrived promptly for her appointments. She was casually dressed and neatly
groomed. She made good eye contact and was cooperative with the interview process. At her
first visit she related the history of her conflict with Justi's father. She had left him because he
was too "wrapped up in himself and the things he wanted to do." He showed no interest in Justi.
In fact, he did not even ask to see her for two months after they left.
Mrs. Goodling maintained that she tried to cooperate with Mr. Goodling. Although she had to
file for support through Domestic Relations in 1996 (because he had not voluntarily sent money
on his own) she agreed to a reduced payment. She believed she was being reasonable when she
asked Mr. Goodling to bring Justi back on Saturday nights of his weekend visits, so that she
could take Justi to church the next morning.
..,
Goodling v. Goodling... Page 3
She claims that Mr. Goodling didn't protest the visitation schedule until he met his girlfriend.
Then he balked at the idea of returning Justi on Saturday nights. By late 1998 she petitioned the
court to enforce the agreement that they had drawn up between themselves. They ended up in
Conciliation, but were unsuccessful in adhering to the order. Mrs. Goodling said that she was
doing most of the driving to get Justi back and forth to her father's house.
Another conciliation conference was held in August 2000, but Mrs. Goodling was not satisfied i
with the results. Justi's father had been given an additional weekend each month, which would
reduce even further Justi's church attendance. Although the conciliator had stipulated that Mr.
Goodling provide a Christian education when Justi was with him, Mrs. Goodling learned that he
was not doing so.
Mrs. Goodling lives in a one-bedroom apartment. She sleeps in the living room and Justi sleeps
in the bedroom. Justi has told her that she likes to stay with her father, who lives with his
fiancde in a spacious house, but she has also told her mother that she wants to live with her
because her mother takes care of her. She believes that Mr. Goodling has coached Justi to is
believe that her mother's neighborhood is not safe. She also alleges that he had Justi write a list i`
of things she didn't like about her mother's home, and a list of what she liked about her dad's "
home. They then reportedly took the list she wrote about her mother's house and burned it.
Mrs. Goodling denied that she says negative things about Mr. Goodling to Justi. She wants to
"preserve her father's image" for the child. At the same time, Mrs. Goodling was quite open to
me about her contempt for Justi's father. Her written list of Mr. Goodling's alleged infractions
described him as irresponsible. I-or example, he repeatedly failed to provide advance notice of
changes in his plans; he failed to attend a teacher's conference; he held on to Justi's poorly done
tests to use as evidence against Mrs. Goodling; he did not return Justi's clothing. Some of her
grievances seemed legitimate, but others reflected a retaliatory attitude.
She had to go to Domestic Relations to have money deducted from his paycheck to pay Justi's
orthodontist bill, because he cashed the check that the health insurance company had sent him.
She is frustrated that Mr. Goodling will not take Justi to her scheduled activities during the time
that she is with him (e.g. gymnastics, church activities.)
Mrs. Goodling is also vocal about her dislike of Lisa Becht, Mr. Goodling's ftancdc. She claims
that Ms. Hecht speaks disparagingly of her to Justi, and that she accused her of being a horrible
person and mother, and threatened to take Justi from her. But what she believes is more
destructive is that Mrs. Hecht allegedly disparages her to Justi.
Mrs. Goodling feels quite confident as a parent. She and Justi spend most of their evenings
together, doing homework, playing cards and baking cookies. Justi has chores including dusting
and taking out the trash. On weekends they visit family, often staying overnight with the
maternnl grandparents.
Goodling v. Goodling... Page 4
She acknowledged that she spanks Justi for misbehavior, but that she is far from abusive. She
uses a wooden spoon: "I believe you should have a designated place and a designated paddle so
you don't hit in anger," she said. She added that she has paddled Justi three times in her life.
Mrs. Goodling said that most of the time when she gets angry she slams doors. One morning she
threw a pack of crackers while she was getting Justi's lunch ready, but she didn't throw it
directly at Justi.
Mrs. Goodling has been involved with a man named Gary for two years. He lives in Maryland.
She drives down with Justi about once per week to see him, and he comes up to see her. All of
her visits to Baltimore are during the week. She explained that on weekends Gary likes to spend
time with his sons (21 and 24 years old). She and Justi drive down and have dinner with Gary at
a restaurant. Justi does her homework in the restaurant.
Mrs. Goodling said that she and Gary have a close relationship, but that there are no plans to
marry at this point. I asked her to have Gary contact me so that I could interview him. After
several weeks, when I had not heard from him, I asked Mrs. Goodling two more times to arrange
a meeting. He was reportedly willing to talk to me on the phone, but refused to come in for an
interview.
I asked Mrs. Goodling about allegations concerning her relationship with Gary. Justi reported to
school personnel and to her father that she had witnessed her mother and Gary engaged in
certain behaviors in the car, which sounded like sexual behavior. Mrs. Goodling dismissed the
allegations as "total fabrication." She added, I have found that a lot of stones have been fed to
Justi just to make me look bad."
Personal History
Mrs. Goodling grew up in Middletown, PA, the second of three children. Her father worked two
jobs and was not around much. Her mother was the chief disciplinarian. She was strict, but
would listen to opposing views. Mrs. Goodling described her: "She will care for you and treat
you kindly until you do something that is upsetting or disturbing or not right."
In school Becky was a good student. She described herself as quiet, studious and a little
withdrawn. After high school she went to work, thinking she would go to college later, but
never did. She met Rodney Goodling about a year after high school when he made deliveries to
her place of work. They were married in 1989. Mrs. Goodling said that they "fell out of love."
Mrs. Goodling described her work history. Most of herjobs have been in the secretarial field.
She has received promotions and commendations. Although Mr. Goodling claims that she was
fired from her last job because of her relationship with Gary who also worked there, she states
that after the company merged with another company, she was laid off, along with other people.
Goodling Y. Goodling... Page S
Currently she works for a package delivery company, where she received the "Employee of the
month" nomination last August, for her efforts above and beyond the call of duty."
She recently began psychotherapy to help her deal with the current custody litigation.
Psychological Testing
Mrs. Goodling's MMPI was within normal limits. However, she endorsed many items relating to
mistrust, suspicion and ideas of persecution. These are consistent with her stated belief that
Justi's father is plotting against her. She denied feelings of depression and anxiety, and
described herself as having a positive outlook on life.
Her profile indicates that she is adventurous and assertive. Under stress she is apt to suffer from
physical symptoms such as headaches or stomach problems.
Behavioral Observations with Justi
Mrs. Goodling appeared comfortable with Justi. She was not overprotective, nor did she appear
aloof. During their play together, Mrs. Goodling followed Justi's lead, and took interest in what
she was saying and doing. During the Talking, Feeling and Doing Game in which the players
draw cards and answer questions about their opinions and feelings, Mrs. Goodling took the
opportunity to emphasize to Justi lessons on morals and values.
When they played with Playdoh together, Mrs. Goodling chatted casually with Justi. They
mostly talked about what they were making. Mrs. Goodling was relaxed, but a bit on the serious
side. When it came time to clean up, Justi tried to delay the process by acting silly and by
drawing on the chalkboard. Mrs. Goodling reminded her that it was time to go, but did not
otherwise intervene.
RODNEY GOODLING
Interview Data
Mr. Goodling arrived on time for his appointments. He was casually dressed and neatly
groomed. At his first visit he made it clear that "This didn't start out as a custody issue. It
started out as equal rights for Dad." He claimed that he was tired of Justi's mother making all
the decisions about when he could and when he couldn't see his daughter. When he tried to
change the initial agreement that he and Mrs. Goodling had drawn up themselves, she reportedly
said that he wouldn't be able to see Justi at all. Justi has told him repeatedly that she wants to
Gocdling v. Goodling... Page 6
come and live with him. She enjoyed spending last summer with him, his fiancde and her two
teenage daughters.
I asked him about Mrs. Goodling's concern that he does not provide a proper Christian education
for Justi. He replied that he does not attend church, but that he says grace at Sunday dinner. He
acknowledged that Justi does not get formal religious education at his house, but that he lives a
clean, moral life. In contrast, he claims, Justi's mother behaves immorally. She allegedly had
an affair with Gary, her boss, which got them both tired. She reportedly took Justi to visit Gary
at motel rooms. But his greatest cause for concern was something that Justi had told her teacher
a few months ago. What she described was sexual behavior between her mother and Gary while
she was in the back scat of the SUV. She told the teacher that there was heavy breathing, that
her mother's legs were in the air and that the had their underwear off. This stirred up enough
concern at the school that the counselor called Children and Youth Services. Children and
Youth reportedly looked into the allegations but did not investigate in depth.
Mr. Goodling does not like the idea of Justi driving down to Baltimore with her mother on
school nights. Justi told him that her mother drank beer on the way and threw the can out the
window. (When I asked Mrs. Goodling about this later, she said that she drank soda, but denies
throwing the can out.)
He is concerned that Mrs. Goodling hits Justi. He is concerned that his daughter does not spend
any time with friends after school while at her mother's house. Justi also reports to him that her
mother calls Lisa (his tiancdc) "the witch".
I asked Mr. Goodling about allegations made by Mrs. Goodling. For example, early in their
separation when she claimed that he didn't bother to see Justi, he said that she moved away and
he couldn't see Justi because of the distance and because of his work schedule. Concerning her
allegation that lie didn't like to work, he replied that when he was laid off in 1994, he wanted to
take it easy for a while on unemployment compensation. As for his not paying the orthodontist
bill, he claimed that he was only a few days late. In other words, Mr. Goodling did not
acknowledge any wrongdoing. He mostly made excuses for his behavior.
He claims that he lives in a more family-oriented setting, with activities focussed on the
children, while Justi's mother is focussed on her boyfriend and her own activities.
For his second appointment with me Mr. Goodling was to bring Justi, but he arrived alone. He
had expected Justi's mother to drop her off here; I had previously told her that she was not
responsible for getting Justi here for appointments with her father. The mixup occurred because
they hadn't communicated to one another about plans for transporting Justi here.
.a
x:
At the next visit, when Mrs. Goodling did bring Justi to the office to meet her father. Taking
advantage of the opportunity to speak to them both together, l wanted to address their apparent
Goodling v. Goodling... Page 7
communication difficulties with arranging Justi's appointments. Mrs. Goodling had apparently
not recalled Mr. Goodling's telling her about his and Justi's appointment for that day. She felt
inconvenienced when she had to accommodate his last-minute arrangements. It was also at this
meeting that she brought a 3-page list of "infractions," describing several of his violations of the
custody order. Mr. Goodling disputed some of the claims and also retorted with challenges to
her in the form of "Well what about the time that you ... T' She defended her actions as
specific to the situation, but continued to define his infractions as a product of bad character
traits.
Personal History
Mr. Goodling grew up in Mt. Joy, PA. He had one older brother, who was killed in an accident
in his early 20's. His father, a plastering contractor, had a fleet of trucks. As a child Rodney
always liked trucks, and has worked in trucking for most of his career.
He described his father as friendly, outgoing and confident. His father "basically ruled the
house„ although his mother carried out day-to-day discipline. His parents got along well with
one another. Neither of them had a bad temper. His father died in 1994.
In school Rodney was an average student. "I could do a lot better but I didn't apply myself," he
told me. He was one of the few boys in the business curriculum (having planned to join his
father in business.)
When he was 16 years old his brother died in a truck accident. Mr. Goodling does not recall that
it had any lasting impact on the family "beyond normal grief." He bought a motorcycle despite
the fact that his brother had had a motorcycle accident. When he drove a truck for a living he
didn't give much thought to the impact such a career choice would have on his parents who had
already lost one son in a vehicle accident.
At 21 years old he married his high school sweetheart, but the marriage lasted only a few
months. He had one other serious relationship that ended around 1980, several years before he
met Becky. When he finally did start dating her he was cautious because of the difference in
their ages, and because his first marriage hadn't worked out. Mr. Goodling couldn't recall the
year that they were married.
He said that the marriage to Becky started falling apart when she allegedly became involved with
her boss, Gary. At that time he and she were just coexisting. All she did was nag him about
what she wanted done around the house.
Now he is living with Lisa Hecht, whom he used to know 20 years ago. They have been
together for four years, and have lived together for two years. She has two daughters, 14 and 1 1.
Goodling v. Goodling... Page 8
Psychological Testing
Mr. Goodling approached the MMPI in a defensive manner, minimizing problems. Such a
response set is typical for this type of situation. The profile was within normal limits, with no
evidence of problems with depression, anxiety or disordered thinking. He described himself as
very outgoing and cheerful. He is somewhat independent and doesn't like to be controlled by
anyone. At times he misinterprets other peoples' words and actions as controlling even when
they do not intend to be controlling. In addition, lie doesn't like to see people get upset.
Therefore, when he does feel angry he does not express it directly, at least not right away. More
likely he is apt to be resistant and uncooperative, especially when he feels controlled. This is
consistent with my observations and reports from Mrs. Goodling and from Dr. Ramirez.
Behavioral Observations with Justi
Mr. Goodling was quite relaxed around Justi. In their play together he sprawled out on the floor
with her. When they played a board game, they teased one another playfully. Mr. Goodling
tried to use opportunities to teach Justi: e.g., he asked her, "Do you know what 'delegate'
means?" During this game, Justi acquired pieces of candy as part of her winnings. When he felt
that she had eaten too much, he told her to "cool it" with the candy. He also admonished Justi
when she interrupted his answering of a question.
In another play session Justi invited him to join her in making things out of Playdoh. He
commented that he was not very artsy, but he participated good-naturedly. He and Justi worked
on separate projects but discussed with one another what they were doing, and they also teased
each other.
JUST[ GOODLING
Interview data and play observations
Ten-year-old Justi is a talkative, outgoing child of chubby build. She readily engaged in
conversation with me. During the first interview (when brought by her mother) she said, "I like
my arrangements where I live with my mom but I want to live with my dad." Her reasons for
this were that there were more friends at her dad's, that she would get to go to parties and that
she had more clothes there. She also feels more protected with her dad. She added, "I like to
read and they have tons of books." In subsequent sessions we discussed living arrangements a
few more times. Justi was consistent in stating her desire to live with her father, although she
would miss her mother. At one session she said she didn't care where she lives. She likes it in
Goodling v. Goodling... Page 9
both places. She considered the idea of spending summers with her mother, but then noted that it
wouldn't work out because her mother has to work.
Justi told me that she had discussed this with her mother, but "I don't like to talk about it with
her' because her mother gets mad. She said that her mother has a temper and throws things or
squeezes her arm.
Justi said that she wanted her mother and Gary to get married because she is tired of living in an
apartment with her mother and because there would be more money. Also she said that his sons
could help her with her homework and it wouldn't be so lonely.
Justi bites her nails. She said that she chews them mostly at school and at latchkey. She tried to
stop but "it was hard."
I asked Justi about her trips to Baltimore. She told me that she and her mother drive down on
school nights. She has never been to Gary's house. They meet him at a restaurant where she
does her homework, and she sleeps on the way home. I also asked her about what her father
reported to me with regard to being in the car with her mother and Gary. At first Justi said she
couldn't remember, but at a later session she told me that she used to have to sleep in the back of
Gary's Jeep with the golf clubs, and that it was dark. She described the car shaking and that
there were legs in the air and she didn't like it. However, she added that this doesn't happen any
more: "Gary doesn't drive the Jeep any more."
In her play Justi was creative and resourceful. She especially enjoyed PlayDoh, which she
molded different colors into imaginative objects. She incorporated other items with her Playdoh
to use as props. She had a good attention span and was organized in cleaning up.
Justi was more spontaneous and bold with her father and with Mrs. Hecht than with her mother.
For example, when her father was sprawled out on his stomach on the floor, she went and sat on
his back and hugged him. With all of the adults she liked to take charge, instructing them on
what to do. During the Talking, Feeling and Doing Gante, which Justi played once with her
mother and once with her father, site frequently interrupted to "help" them answer a question or
to simply interject her own answers. She also ate several candies which she won during the
course of the game. Many children eat one or two and save the rest. Justi ate eight or nine,
almost as quickly as site acquired them. The verbal interruptions as well as her eating candy one
after another, both reflect a difficulty with self-control.
Drawings and Projective Testing
Justi's drew herself at the bottom middle of the page. The drawing was small and executed with
light pressure. Such a drawing style typically reflects a tentative, cautious approach to the
Goodling v. Goodling... Page 10
world. This is a contrast to Justi's bold behavioral manner. Not only did she assert herself with
me and with her parents, her teacher told me that she sometimes is "bossy" with other children.
It suggests that she is not as self-confident as she may sometimes appear.
In her drawing of her family, Justi included her mother, father, Lisa, Lisa's daughters,
grandparents and several other members of her extended family. She did not include Gary. The
drawing implies that she would prefer to have everyone close to her included in one big happy
family.
I administered the Roberts Apperception Test for Children, a series of pictures of children in
various situations with adults and with one another. The child is instructed to tell a story about
each picture. The stories reflect how the child views herself and those around her. Justi told
several stories about parents splitting up. The child characters arc preoccupied with parents'
separation and divorce. There is also some indication that they may blame themselves for the
break-up. They also resent the presence of step-parents, not so much because they dislike them,
but because the mother or the father pays more attention to the step-parent than to the child.
These stories depict Justi's own feelings. She seems especially angry with her mother.
Although her mother sometimes provides comfort, Justi can't count on her. Nor can she count
on her father. Justi feels left alone to figure things out for herself and solve her own problems.
It is not surprising that Justi is having trouble breaking her nail-biting habit.
LISA HECHT
Mrs. Hecht is Mr. Goodling's fiancde. She is divorced, with two children. She works as a 5th
grade teacher. I interviewed her, conducted psychological testing, and observed her in play with
Justi.
At her interview Mrs. Hecht said that Justi talks to her and asks her questions that a girl should
be asking her mother, e.g. bodily changes, "hickeys', "french kissing, etc. Justi also volunteers
information about her mother. For example, she told Mrs. Hecht that sometimes her mother tells
her not to answer the phone. When she does answer and it's her father, her mother makes her
hang up after one minute. A few days before this interview Justi told Mrs. Hecht that she took
the phone into the bathroom so that her mother wouldn't overhear the conversation. She also
complained about the relationship between her mother and Gary, and her fears about sleeping in
the car, but added, "Please don't tell my mommy."
Justi reportedly told Mrs. Hecht that her mother's behavior has improved since the beginning of
the custody evaluation. For example, they haven't been going to Baltimore as much; her mother
makes better meals and buys her nicer clothes. At the same time, Mrs. Hecht believes that Mrs.
Goodling bakes cookies more than she prepares meals. Not only is this nutritionally unbalanced,
but it contributes to Justi's existing weight problem.
Goodling v. Goodling ... Page 1I
Not all of what Justi reports to Mrs. Becht about her mother is negative. She also tells her
positive things about what she does at her mother's house.
Mrs. Hecht noted that Justi seems to have difficulty interacting with other children, especially
when it comes to sharing. She attributes this to the fact that Justi spends her evenings in the
company of her mother and other adults.
Mrs. Hecht described Mr. Goodling as "upbeat and positive." She said that Justi sometimes
manipulates her father, e.g. by asking him permission to do something after Mrs. Hecht has said
no. Ile is generally an agreeable person who does not like to make waves. It was for this reason
that he had given in to Justi's mother for so long.
1 asked Mrs. Hecht about Mrs. Goodling's allegation that she had Justi write bad things about
her mother and then bum the list. Mrs. Hecht said that Justi had been complaining a lot. She
told the child to write down a list of positive things in her life and a list of negative things. Then
Mrs. Ilecht took Justi outside and set fire to her list of complaints as a symbolic gesture to rid
herself of the negative thoughts.
Mrs. Hecht related her personal history. She grew up in Elizabethtown, the second of four
children. She described her mother as loving and caring, and her father as hardworking. Her
father was the authority figure. At school she was a good student, outgoing and personable. In
her junior year of high school her grades dropped because she experimented with alcohol and
drugs. After high school she worked a couple of years before going to college. During that time
she also married and had her children. After 14 years of marriage she divorced her husband,
whom she described as too dependent on her for everything. Her children do not have a good
relationship with him because after the separation he started drinking and he brought his
girlfriends to visits with his children.
Mrs. Hecht's MMPI was within the normal range, but reflected an attempt to present herself in
an overly positive light. She denied problems with depression and anxiety, as well as difficulties
with thinking and concentration. She is very outgoing and sociable. She prefers to be in charge
of situations. She is generally cheerful and accommodating, but can quickly lire of giving in. At
that point she will speak out directly.
In her play with Justi, Mrs. Ilecht started by asking her what she wanted to do. She seemed self-
conscious about being observed at first, but relaxed after a few minutes. She and lusti laughed
and teased one another as they created a forest out of Playdoh. Mrs. Hecht used positive
reinforcement appropriately. Justi's behavior did not get out of line, so 1 did not have the
opportunity to observe how Mrs. I Iecht handles discipline.
Goodling v. Goodling... Page 12
TELEPHONE CONSULTATION WITH DR. RAMIREZ
John Ramirez has been working with Mr. and Mrs. Goodling on parenting skills. Mrs. Goodling
had reported to me that he had admonished Mr. Goodling for not accepting any responsibility for
the failed marriage, and for not letting go of the past. She did not mention any concerns that Dr.
Ramirez had about her.
When I talked to Dr. Ramirez he expressed exasperation with both individuals. He did say that
Mr. Goodling is stuck in the past and on his belief that she had an affair. However, he said that
Mrs. Goodling is passively hostile. She withholds information from Justi's father, (e,g. about
school) and then blames him for not getting involved. Dr. Ramirez also said that they both try to
exclude the other from Justi's life.
It has been difficult to get the couple to work out parenting arrangements because they cannot
seem to get past their anger toward each other. Their focus is on blaming, revenge and winning
rather than on helping their daughter cope with the divorce.
TELEPHONE CONSULTATIONS WITH SCHOOL PERSONNEL
I spoke with the assistant principle, Ms. McIntyre, who told me that Mr. Goodling called the
school last fall when Justi complained to him that she sleeps through class because she's tired
from going to Baltimore. Both Mr. Goodling and Mrs. Hecht have called the school asking for
updates and requesting help for Justi with math.
Justi's current teacher, Mr. Wible, reported that she is doing well in school this year. She comes
to school without her homework completed about once every three weeks. She is sometimes
tired, but hasn't fallen asleep in class. Socially Justi seems to have only one friend; Mr. Wible
said that she prefers it that way. Ile did note that she is sometimes bossy with other children,
and that she complains more than most. He has had contact with both parents. He denied that
either parent is critical of the other. Her mother has been very cooperative. Both parents
attended teacher conferences last November, but only Mrs. Goodling attended the spring
conference.
I also spoke with Ms. Vorkapich, Justi's teacher last year. She said that Justi used to complain
about being tired because she had gone to Baltimore the night before. Ms. Vorkapich did not
recall Justi telling her anything of such concern that she would inform someone else. Mr.
Goodling came to conferences last year and was involved in Justi's education.
The school nurse, Ms. Ambrose, reported that Justi used to visit her quite frequently with
various minor symptoms and complaints. Mrs. Ambrose documented that Justi said that her
mother didn't feed her breakfast, that she didn't get home from Baltimore until midnight, and
Goodling v. Goodling.. , Page 13
that she had to wear diapers at night because she wet the bed. Last October Justi told Ms.
Ambrose that her mother gets frustrated with her in the car and squeezes her arm tightly leaving
red marks. She also told her that her mother drinks beer in the car.
Ms. Zciger, the school counselor has also had an ongoing relationship with Justi. Justi has told
her that when she goes to Baltimore she is sometimes told to lie down in the back seat of the car
while her mother and Gary are in the front. Ms. Zciger has felt pressured by Justi's father to
investigate things that Justi tells him. She said that there is a procedure she must follow, and
that Mr. Goodling has not been satisfied with that. She also said that Mr. Goodling complained
about not being included in teacher conferences last year, but when she checked the records, he
had been included. She described him as "divisive". Ms. Zeiger has had mainly positive
conversations with Justi's mother. Mrs. Goodling has "not gotten explosive" when the school
asked her about Justi's not having breakfast and about other issues. She even sends cookies to
school every Christmas.
Judy Burhenny, the school based social worker for Cumberland-Perry MH/MR, became
acquainted with Justi last fall after Mr. Goodling called the school concerned about what Justi
was telling him. Ms. Burhenny said that when she talked to Justi she was told only that Justi
didn't like going to Baltimore and having to do her homework in a restaurant. Ms. Burhenny
also talked to Justi's mother. The case was dropped because whatever Justi's problems were,
they were not having any major negative impact on her grades. Therefore, it was not deemed
necessary for the school social worker to be involved.
INTERPRETATIONS AND CONCLUSIONS
Nine-year-old Justi Goodling lives with her mother during the school year and with her father
during the summer. She sees her father three weekends per month. Justi has frequently stated
that she wants to live with her father full time, but then worries that she won't see enough of her
mother.
The parents are angry and bitter toward one another. Most of their conversations with me were
aimed at criticizing the other parent. Mrs. Goodling's criticisms were mostly about being
inconvenienced when Justi's father did not adhere to the custody order, when he did not sign
school papers or when he did not inform her of his plans. Mr. Goodling's criticisms concerned
Jusli's needs being subordinated to her mother's desires to be with her boyfriend. Mr. Goodling
also openly expressed his anger at Mrs. Goodling's alleged affair while they were still together.
Mr. Goodling presented himself as a helpless victim throughout most of the evaluation process.
For example when he and Justi's mother had failed to communicate about Justi's visits with me,
he blamed her mother. He has little insight into his own role in the conflicts, Mrs. Goodling
Goodling v. Goodling... Page 14
presented herself as a good mother who wants her child to have two loving parents. However,
she openly expressed contempt for Justi's father. She spoke of him in tones and language that
suggested he was an incompetent boob who allowed his fiancde to do his thinking for him.
Mrs. Goodling's relationship with Gary is a major concern. Her travels to Baltimore are for her
own fulfilment and do not in any way benefit Justi. In fact, they are detrimental to Justi's
physical and emotional well-being. The trips leave her tired the next day. Also, she resents
being the "third wheel" who must amuse herself while her mother's attention is elsewhere. She
has reported her concerns to several people, and her story has been consistent. Even though her
mother denies exposing Justi to sexual behavior, Justi's reports indicate otherwise.
The fact that Mr. Goodling does not provide a Christian education by Mrs. Goodling's standards,
is not of major concern in the overall picture. Weekly church attendance is not essential in
teaching a child morals, ethics and religious beliefs. The fact that Mrs. Goodling is involved
with her church does not mean that she is morally superior to Mr. Goodling.
Each parent realizes that Justi is suffering, but they blame one another for causing it. They both
fail to see their own role in making Justi's life difficult. They plot against one another and try to
catch each other being bad. Their energy would be better used in helping Justi sort out the
problems of a child in the midst of warring parents.
Justi, like many children in her situation, feels tom between her parents. She is reluctant to
display loyalty for one parent in the presence of the other. Although on the surface she laughs
and carries on, underneath she feels a great deal of anxiety as well resentment toward her parents
who cannot seem to get along with each other. Because she cannot talk to either of them about
her feelings, she has consulted her teachers, the school counselor, and the nurse. She has also
confided in Mrs. Hecht. Her nail biting, bed welling and negative attitudes all reflect her anxiety
and anger.
RECOMMENDATIONS
It is recommended that the parents share legal custody and that Mr. Goodling have primary
physical custody. Ile is less contentious and is also more apt to promote Justi's relationship
with her other parent.
It is recommended that Justi spend every other weekend with her mother, beginning on
Friday afternoon and ending Sunday evening, as well as one evening during the week. This
midweek visit is not to coincide with Mrs. Goodling's trips to Baltimore. Transportation of
Justi to and from her mother's should be shared by the parents: They can either agree to meet
half-way, or to alternated driving. In any case, the agreement should be specified and
written down.
,•i
Gooding v. Goodling... Page 13
• Birthdays and holidays are to be alternated, according to a schedule agreed upon by both
parents, or ordered by the court.
• If the parent who has physical custody of Justi will not be available to stay with her on a day
off school, the other parent should have the option of taking her that day, before other
arrangements arc made.
• Mrs. Goodling should have Justi for three weeks during the summer, not necessarily
contiguous. However, by June 1, 2001 and May I in subsequent years, she should inform
Mr. Goodling as to which weeks she will take Justi, so that he can make his own summer
plans accordingly.
• Justi is to be given assurance by each parent that she can telephone the other parent whenever
she wants to, and that her conversations will not be monitored.
• Each parent is responsible for communicating with the school to request information, to
make arrangements for conferences, etc.
• Neither parent is to speak negatively about the other parent. If Justi complains about the
other parent, she is to be told to address her concern with that parent. Direct intervention is
appropriate only if Justi's immediate physical safety is at risk.
• The parents are reminded that Justi is not a possession but a person. She deserves the love of
both her parents. If they truly want to express their love for her, they will promote her
relationship with both parents, in spite of how they feel about one another.
Respectfully submitted,
,7
Pauline Wallin, Ph.D.
Licensed Psychologist
Pauline Wallin, Ph.D. 201 South 32nd Strcct
Licensed Psychologist Camp Ilill. PA 17011
& Associate.v (717) 761.1814
FAX (717) 761.1942
ENIAl1.: pwallin(Ppaonlinc.com
CUSTODY EVALUATION REPORT
April 6, 2001
Child's name: Justina Goodling
DOB: 6/6/91
Parents: Rodney Goodling (Attorney: Susan Candiello)
Rebecca Goodling (Attorney: Allen D. Smith)
Dates of evaluation: January - February 2001
Referral
This case was referred for psychological evaluation by Cumberland County Court, in order to
help determine an appropriate custody/visitation arrangement for Justina.
Assessment Procedure
• Interviews with Rebecca Goodling, Justi's mother
• Interviews with Rodney Goodling, Justi's father
• Interviews and play observations with Justi
• Interview with Lisa }lecht, Mr. Goodling's paramour
• Psychological testing:
Adults: Minnesota Multiphasic Personality Inventory (MMPI)
Justi: Drawings; Roberts Apperception Test for Children (RATC)
• Telephone consultation with Dr. John Ramirez
• Review of documents:
• Court order September 5, 2000
• Court order January 5, 2001
• Mrs. Goodling's documentation of infractions by Mr. Goodling, in failure to comply
with the 9/5/200 custody order
• Letter from Mrs. Goodling dated 2/26/01 listing additional complaints about Mr.
Goodling
• Letter from Pastor Robert Walbom to Mrs. Goodling
• Letter from Mrs. Goodling to Mr. Wible, Justi's teacher, and his response
• Letter from Mrs. Goodling's employer announcing her "employee of the month"
nomination
• Selection of Justi's drawings and notes, furnished by her father
• Telephone consultation with school personnel: Diane Zeiger (counselor), Eric Wible (4th
grade teacher), Nikki Vorkapich (3rd grade teacher), Nancy Ambrose (nurse), Mrs
McIntyre (assistant principal), Judy Durhenney (school-based social worker with
Cumberland-Perry MH/MR)
?I
f
t'
t?
a
CONWIJAT 10N • EVALUATION • 1!SV('IIt)I III;NAI'Y
Goodling v. Goodling... Page Is
• Birthdays and holidays are to be alternated, according to a schedule agreed upon by both
parents, or ordered by the court.
• If the parent who has physical custody of Justi will not be available to stay with her on a day
off school, the other parent should have the option of taking her that day, before other
arrangements are made.
• Mrs. Goodling should have Justi for three weeks during the summer, not necessarily
contiguous. However, by June 1, 2001 and May 1 in subsequent years, she should inform
Mr. Goodling as to which weeks she will take Justi, so that he can make his own summer
plans accordingly.
• Justi is to be given assurance by each parent that she can telephone the other parent whenever
she wants to, and that her conversations will not be monitored.
• Each parent is responsible for communicating with the school to request information, to
make arrangements for conferences, etc.
• Neither parent is to speak negatively about the other parent. If Justi complains about the
other parent, she is to be told to address her concern with that parent. Direct intervention is
appropriate only if Justi's immediate physical safety is at risk.
• The parents are reminded that Justi is not a possession but a person. She deserves the love of
both her parents. If they truly want to express their love for her, they will promote her
relationship with both parents, in spite of how they feel about one another.
Respectfully submitted,
Pauline Wallin, Ph.D.
Licensed Psychologist
y
• !.
- ? ?
t
• '
N
:{
{
=1
?a
;. k
???,
ry
°Sttr
`? f
a.;k
y
e?
{?"'{
Pauline Wallin, Ph.D.
Licemed Psychologist 2Camp 1111 PA 17011
& Associates 17171761.11114
FAX 17171761.1942
EMAIL pwallin@?paonlincxom
CUSTODY EVALUATION REPORT
April 6, 2001
Child's name: Justine Goodling
DOB: 6/6/91
Parents: Rodney Goodling (Attorney: Susan Candiello)
Rebecca Goodling (Attorney: Allen D. Smith)
Dates of evaluation: January - February 2001
Referral
This case was referred for psychological evaluation by Cumberland County Court, in order to
help determine an appropriate custody/visitation arrangement for Justina.
Assessment Procedure
• Interviews with Rebecca Goodling, Justi's mother
• Interviews with Rodney Goodling, Justi's father
• Interviews and play observations with Justi
• Interview with Lisa Hecht, Mr. Goodling's paramour
• Psychological testing:
Adults: Minnesota Multiphasic Personality Inventory (MMPI)
Justi: Drawings; Roberts Apperception Test for Children (RATC)
• Telephone consultation with Dr. John Ramirez
• Review of documents:
• Court order September 5, 2000
• Court order January 5, 2001
• Mrs. Goodling's documentation of infractions by Mr. Goodling, in failure to comply
with the 9/5/200 custody order
• Letter from Mrs. Goodling dated 2/26/01 listing additional complaints about Mr.
Goodling
• Letter from Pastor Robert Walbom to Mrs. Goodling
• Letter from Mrs. Goodling to Mr. Wible, Justi's teacher, and his response
• Letter from Mrs. Goodling's employer announcing her "employee of the month"
nomination
• Selection of Justi's drawings and notes, fumished by her father
• Telephone consultation with school personnel: Diane Zeiger (counselor), Eric Wible (4th
grade teacher), Nikki Vorkapich (3rd grade teacher), Nancy Ambrose (nurse), Mrs
McIntyre (assistant principal), Judy Burhenney (school-based social worker with
Cumberland-Perry MH/MR)
CONSULIATION • EVALVAI ION • I'.40CI101111f14AIT
?l
.r
s
b
W
Gowiling v. Gowning... Page 1
Background Data
Mr. and Mrs. Goodling have been separated since June 1996 (and divorced a few months later),
after seven years of marriage. Justi has been living with Mrs. Goodling. In 1997 the parents
drew up an agreement between themselves, setting up a visitation schedule for Mr. Goodling.
The parents eventually went to two conciliation conferences since then, to try to work out a
mutually satisfactory arrangement.
However, each parent has accused the other of sabotaging the process. The most recent court
order (115101) stipulates that the parents share legal custody, and that Mr. Goodling have
physical custody 3 weekends per month and one evening per week, as well as most of the
summer. Vacations and holidays are to be shared. The detail in this court order reflects the high
level of animosity and contention between the parents. They have been so hostile to one another
that things like incidental expenses and Justi's having sufficient clothing are written into the
order.
It is also stated in the most recent court order that the parents be involved in counseling to
improve their communication and cooperate with one another in the raising of their daughter.
The parents live at considerable driving distance from one another: Mrs. Goodling lives in Camp
Hill, and Mr. Goodling lives in Mt. Joy.
REBECCA GOODLING
Interview Data
Mrs. Goodling arrived promptly for her appointments. She was casually dressed and neatly
groomed. She made good eye contact and was cooperative with the interview process. At her
first visit she related the history of her conflict with Justi's father. She had left him because he
was too "wrapped up in himself and the things he wanted to do." He showed no interest in Justi.
In fact, he did not even ask to see her for two months after they Ieft.
Mrs. Goodling maintained that she tried to cooperate with Mr. Goodling. Although she had to
file for support through Domestic Relations in 1996 (because he had not voluntarily sent money
on his own) she agreed to a reduced payment. She believed she was being reasonable when she
asked Mr. Goodling to bring Justi back on Saturday nights of his weekend visits, so that she
could take Justi to church the next morning.
Go(ni ing c. Gooding ... Page 3
She claims that Mr. Goodling didn't protest the visitation schedule until he met his girlfriend.
Then he balked at the idea of returning Justi on Saturday nights. By late 1998 she petitioned the
court to enforce the agreement that they had drawn up between themselves. They ended up in
Conciliation, but were unsuccessful in adhering to the order. Mrs. Goodling said that she was
doing most of the driving to get Justi back and forth to her father's house.
Another conciliation conference was held in August 2000, but Mrs. Goodling was not satisfied
with the results. Justi's father had been given an additional weekend each month, which would
reduce even further Justi's church attendance. Although the conciliator had stipulated that Mr.
Goodling provide a Christian education when Justi was with him, Mrs. Goodling learned that he
was not doing so.
Mrs. Goodling lives in a one-bedroom apartment. She sleeps in the living room and Justi sleeps
in the bedroom. Justi has told her that she likes to stay with her father, who lives with his
fianc& in a spacious house, but she has also told her mother that she wants to live with her
because her mother takes care of her. She believes that Mr. Goodling has coached Justi to
believe that her mother's neighborhood is not safe. She also alleges that he had Justi write a list
of things she didn't like about her mother's home, and a list of what she liked about her dad's
home. They then reportedly took the list she wrote about her mother's house and burned it.
Mrs. Goodling denied that she says negative things about Mr. Goodling to Justi. She wants to
"preserve her father's image" for the child. At the same time, Mrs. Goodling was quite open to
me about her contempt for Justi's father. Her written list of Mr. Goodling's alleged infractions
described him as irresponsible. For example, he repeatedly failed to provide advance notice of
changes in his plans; he failed to attend a teacher's conference; he held on to Justi's poorly done
tests to use as evidence against Mrs. Goodling; he did not return Justi's clothing. Some of her
grievances seemed legitimate, but others reflected a retaliatory attitude.
She had to go to Domestic Relations to have money deducted from his paycheck to pay Justi's
orthodontist bill, because he cashed the check that the health insurance company had sent him.
She is frustrated that Mr. Goodling will not take Justi to her scheduled activities during the time
that she is with him (e.g. gymnastics, church activities.)
Mrs. Goodling is also vocal about her dislike of Lisa Hecht, Mr. Goodling's fiancde. She claims
that Ms. Hecht speaks disparagingly of her to Justi, and that she accused her of being a horrible
person and mother, and threatened to take Justi from her. But what she believes is more
destructive is that Mrs. Hecht allegedly disparages her to Justi.
Mrs. Goodling feels quite confident as a parent. She and Justi spend most of their evenings
together, doing homework, playing cards and baking cookies. Justi has chores including dusting
and taking out the trash. On weekends they visit family, often staying overnight with the
matcmal grandparents.
Goodling v. Goodling ... Page 4
She acknowledged that she spanks Justi for misbehavior, but that she is far from abusive. She
uses a wooden spoon: "1 believe you should have a designated place and a designated paddle so
you don't hit in anger," she said. She added that she has paddled Justi three times in her life.
Mrs. Goodling said that most of the time when she gets angry she slams doors. One morning she
threw a pack of crackers while she was getting Justi's lunch ready, but she didn't throw it
directly at Justi.
Mrs. Goodling has been involved with a man named Gary for two years. lie lives in Maryland.
She drives down with Justi about once per week to see him, and he comes up to see her. All of
her visits to Baltimore arc during the week. She explained that on weekends Gary likes to spend
time with his sons (21 and 24 years old). She and Justi drive down and have dinner with Gary at
a restaurant. Justi does her homework in the restaurant.
Mrs. Goodling said that she and Gary have a close relationship, but that there arc no plans to
many at this point. 1 asked her to have Gary contact me so that 1 could interview him. After
several weeks, when I had not heard from him, l asked Mrs. Goodling two more times to arrange
a meeting. He was reportedly willing to talk to me on the phone, but refused to come in for an
interview.
I asked Mrs. Goodling about allegations concerning her relationship with Gary. Justi reported to
school personnel and to her father that she had witnessed her mother and Gary engaged in
certain behaviors in the car, which sounded like sexual behavior. Mrs. Goodling dismissed the
allegations as "total fabrication." She added, "I have found that a lot of stones have been fed to
Justi just to make me look bad."
Personal History
Mrs. Goodling grew up in Middletown, PA, the second of three children. I lcr father worked two
jobs and was not around much. Her mother was the chief disciplinarian. She was strict, but
would listen to opposing views. Mrs. Goodling described her: "She will care for you and treat
you kindly until you do something that is upsetting or disturbing or not right."
In school Becky was a good student. She described herself as quiet, studious and a little
withdrawn. After high school she went to work, thinking she would go to college later, but
never did. She met Rodney Goodling about a year allcr high school when he made deliveries to
her place of work. They were married in 1989. Mrs. Goodling said that they "fell out of love."
Mrs. Goodling described her work history. Most of her jobs have been in the secretarial field.
She has received promotions and commendations. Although Mr. Goodling claims that she was
fired from her last job because of her relationship with Gary who also worked there, she states
that after the company merged with another company, she was laid off, along with other people.
GmAing v. Goodling... Page S
Currently she works for a package delivery company, where she received the "Employee of the
month" nomination last August, for her efforts above and beyond the call of duty."
She recently began psychotherapy to help her deal with the current custody litigation.
Psychological Testing
Mrs. Goodling's MMPI was within normal limits. However, she endorsed many items relating to
mistrust, suspicion and ideas of persecution. These arc consistent with her stated belief that
Justi's father is plotting against her. She denied feelings of depression and anxiety, and
described herself as having a positive outlook on life.
Her profile indicates that she is adventurous and assertive. Under stress she is apt to suffer from
physical symptoms such as headaches or stomach problems.
Behavioral Observations with Justi
Mrs. Goodling appeared comfortable with Justi. She was not overprotective, nor did she appear
aloof. During their play together, Mrs. Goodling followed Justi's lead, and took interest in what
she was saying and doing. During the Talking, Feeling and Doing Gante in which the players
draw cards and answer questions about their opinions and feelings, Mrs. Goodling took the
opportunity to emphasize to Justi lessons on morals and values.
When they played with Playdoh together, Mrs. Goodling chatted casually with Justi. They
mostly talked about what they were making. Mrs. Goodling was relaxed, but a bit on the serious
side. When it came time to clean up, Justi tried to delay the process by acting silly and by
drawing on the chalkboard. Mrs. Goodling reminded her that it was time to go, but did not
otherwise intervene.
RODNEY GOODLING
Interview Data
Mr. Goodling arrived on time for his appointments. He was casually dressed and neatly
groomed. At his first visit he made it clear that "This didn't start out as a custody issue. It
started out as equal rights for Dad." He claimed that he was tired of Justi's mother making all
the decisions about when he could and when he couldn't see his daughter. When he tried to
change the initial agreement that he and Mrs. Goodling had drawn up themselves, she reportedly
said that he wouldn't be able to see Justi at all. Justi has told him repeatedly that she wants to
Gooding v. Goodling... Page 6
come and live with him. She enjoyed spending last summer with him, his fiancde and her two
teenage daughters.
I asked him about Mrs. Goodling's concern that he does not provide a proper Christian education
for Justi. He replied that he does not attend church, but that he says grace at Sunday dinner. He
acknowledged that Justi does not get formal religious education at his house, but that he lives a
clean, moral life. In contrast, he claims, Justi's mother behaves immorally. She allegedly had
an affair with Gary, her boss, which got them both fired. She reportedly took Justi to visit Gary
at motel rooms. But his greatest cause for concern was something that Justi had told her teacher
a few months ago. What she described was sexual behavior between her mother and Gary while
she was in the back seat of the SUV. She told the leacher that there was heavy breathing, that
her mother's legs were in the air and that the had their underwear off. This stirred up enough
concern at the school that the counselor called Children and Youth Services. Children and
Youth reportedly looked into the allegations but did not investigate in depth.
Mr. Goodling does not like the idea of Justi driving down to Baltimore with her mother on
school nights. Justi told him that her mother drank beer on the way and threw the can out the
window. (When I asked Mrs. Goodling about this later, she said that she drank soda, but denies
throwing the can out.)
He is concerned that Mrs. Goodling hits Justi. He is concerned that his daughter does not spend
any time with friends after school while at her mother's house. Justi also reports to him that her
mother calls Lisa (his tiancdc) "the witch".
1 asked Mr. Goodling about allegations made by Mrs. Goodling. For example, early in their
separation when she claimed that he didn't bother to see Justi, he said that she moved away and
he couldn't see Justi because of the distance and because of his work schedule. Concerning her
allegation that he didn't like to work, he replied that when he was laid off in 1994, he wanted to
take it easy for a while on unemployment compensation. As for his not paying the orthodontist
bill, he claimed that he was only a few days late. In other words, Mr. Goodling did not
acknowledge any wrongdoing. He mostly made excuses for his behavior.
He claims that he lives in a more family-oriented setting, with activities focussed on the
children, while Justi's mother is focussed on her boyfriend and her own activities.
For his second appointment with me Mr. Goodling was to bring Justi, but he arrived alone. He
had expected Justi's mother to drop her off here, l had previously told her that she was not
responsible for getting Justi here for appointments with her father. The mixup occurred because
they hadn't communicated to one another about plans for transporting Justi here.
At the next visit, when Mrs. Goodling did bring Justi to the office to meet her father. Taking
advantage of the opportunity to speak to them both together. I wanted to address their apparent
Gorxlling r. Goadling... Page 7
communication difficulties with arranging Justi's appointments. Mrs. Goodling had apparently
not recalled Mr. Goodling's telling her about his and Justi's appointment for that day. She felt
inconvenienced when she had to accommodate his last-minute arrangements. It was also at this
meeting that she brought a 3-page list of "infractions," describing several of his violations of the
custody order. Mr. Goodling disputed some of the claims and also retorted with challenges to
her in the form of "Well what about the time that you ... T' She defended her actions as
specific to the situation, but continued to define his infractions as a product of bad chvacter
traits.
Personal History
Mr. Goodling grew up in Mt. Joy, PA. He had one older brother, who was killed in an accident
in his early 20's. His father, a plastering contractor, had a fleet of trucks. As a child Rodney
always liked trucks, and has worked in trucking for most of his career.
He described his father as friendly, outgoing and confident. His father "basically ruled the
house" although his mother carried out day-to-day discipline. His parents got along well with
one another. Neither of them had a bad temper. His father died in 1994.
In school Rodney was an average student. "I could do a lot better but I didn't apply myself," he
told me. He was one of the few boys in the business curriculum (having planned to join his
father in business.)
When he was 16 years old his brother died in a truck accident. Mr. Goodling does not recall that
it had any lasting impact on the family "beyond normal grief." lie bought a motorcycle despite
the fact that his brother had had a motorcycle accident. When he drove a truck for a living he
didn't give much thought to the impact such a career choice would have on his parents who had
already lost one son in a vehicle accident.
At 21 years old he married his high school sweetheart, but the marriage lasted only a few
months. He had one other serious relationship that ended around 1980, several years before he
met Becky. When he finally did start dating her he was cautious because of the difference in
their ages, and because his first marriage hadn't worked out. Mr. Goodling couldn't recall the
year that they were married.
He said that the marriage to Becky started falling apart when she allegedly became involved with
her boss, Gary. At that time he and she werejust coexisting. All she did was nag him about
what she wanted done around the house.
Now he is living with Lisa Hecht, whom he used to know 20 years ago. They have been
together for four years, and have lived together for two years. She has two daughters, 14 and 11.
Goodling %% Goodling... Page 8
Psychological Testing
Mr. Goodling approached the MMPI in a defensive manner, minimizing problems. Such a
response set is typical for this type of situation. The profile was within normal limits, with no
evidence of problems with depression, anxiety or disordered thinking. lie described himself as
very outgoing and cheerful. He is somewhat independent and doesn't like to be controlled by
anyone. At times he misinterprets other peoples' words and actions as controlling even when
they do not intend to be controlling. In addition, he doesn't like to see people get upset.
Therefore, when he does feel angry he does not express it directly, at least not right away. More
likely he is apt to be resistant and uncooperative, especially when he feels controlled. This is
consistent with my observations and reports from Mrs. Goodling and from Dr. Ramirez.
Behavioral Observations with Justi
Mr. Goodling was quite relaxed around Justi. In their play together he sprawled out on the floor
with her. When they played a board game, they teased one another playfully. Mr. Goodling
tried to use opportunities to teach Justi: e.g., he asked her, "Do you know what 'delegate'
means?" During this game, Justi acquired pieces of candy as part of her winnings. When he felt
that she had eaten too much, he told her to "cool it" with the candy. He also admonished Justi
when she interrupted his answering of a question.
In another play session Justi invited him to join her in making things out of Playdoh. He
commented that he was not very artsy, but he participated good-naturedly. He and Justi worked
on separate projects but discussed with one another what they were doing, and they also teased
each other.
JUST[ GOODLING
Interview data and play observations
Ten-year-old Justi is a talkative, outgoing child of chubby build. She readily engaged in
conversation with me. During the first interview (when brought by her mother) she said, "I like
my arrangements where I live with my mom but I want to live with my dad. Her reasons for
this were that there were more friends at her dad's, that she would get to go to parties and that
she had more clothes there. She also feels more protected with her dad. She added, "I like to
read and they have tons of books." In subsequent sessions we discussed living arrangements a
few more times. Justi was consistent in stating her desire to live with her father, although she
would miss her mother. At one session she said she didn't care where she lives. She likes it in
Goodling e. Goodling... Page 9
both places. She considered the idea of spending summers with her mother, but then noted that it
wouldn't work out because her mother has to work.
Justi told me that she had discussed this with her mother, but "I don't like to talk about it with
her" because her mother gets mad. She said that her mother has a temper and throws things or
squeezes her arm.
Justi said that she wanted her mother and Gary to get married because she is tired of living in an
apartment with her mother and because there would be more money. Also she said that his sons
could help her with her homework and it wouldn't be so lonely.
Justi bites her nails. She said that she chews them mostly at school and at latchkey. She tried to
stop but "it was hard."
1 asked Justi about her trips to Baltimore. She told me that she and her mother drive down on
school nights. She has never been to Gary's house. They meet him at a restaurant where she
does her homework, and she sleeps on the way home. 1 also asked her about what her father
reported to me with regard to being in the car with her mother and Gary. At first Justi said she
couldn't remember, but at a later session she told me that she used to have to sleep in the back of
Gary's Jeep with the golf clubs, and that it was dark. She described the car shaking and that
there were legs in the air and she didn't like it. However, she added that this doesn't happen any
more: "Gary doesn't drive the Jeep any more."
In her play Justi was creative and resourceful. She especially enjoyed PlayDoh, which she
molded different colors into imaginative objects. She incorporated other items with her Playdoh
to use as props. She had a good attention span and was organized in cleaning up.
Justi was more spontaneous and bold with her father and with Mrs. Hecht than with her mother.
For example, when her father was sprawled out on his stomach on the floor, she went and sat on
his back and hugged him. With all of the adults she liked to take charge, instructing them on
what to do. During the Talking, Feeling and Doing Game, which Justi played once with her
mother and once with her father, she frequently interrupted to "help" them answer a question or
to simply interject her own answers. She also ate several candies which she won during the
course of the game. Many children cat one or two and save the rest. Justi ate eight or nine,
almost as quickly as she acquired them. The verbal interruptions as well as her eating candy one
after another, both reflect a difficulty with self-control.
Drawings and Projective Testing
Justi's drew herself at the bottom middle of the page. The drawing was small and executed with
light pressure. Such a drawing style typically reflects a tentative, cautious approach to the
Goodling v. Goodling... Page f0
world. This is a contrast to Justi's bold behavioral manner. Not only did she assert herself with
me and with her parents, her teacher told me that she sometimes is "bossy" with other children.
It suggests that she is not as self-confident as she may sometimes appear.
In her drawing of her family, Justi included her mother, father, Lisa, Lisa's daughters,
grandparents and several other members of her extended family. She did not include Gary. The
drawing implies that she would prefer to have everyone close to her included in one big happy
family.
I administered the Roberts Apperception Test for Children, a series of pictures of children in
various situations with adults and with one another. The child is instructed to tell a story about
each picture. The stories reflect how the child views herself and those around her. Justi told
several stories about parents splitting up. The child characters are preoccupied with parents'
separation and divorce. There is also some indication that they may blame themselves for the
break-up. They also resent the presence of step-parents, not so much because they dislike them,
but because the mother or the father pays more attention to the step-parent than to the child.
These stories depict Justi's own feelings. She seems especially angry with her mother.
Although her mother sometimes provides comfort. Justi can't count on her. Nor can she count
on her father. Justi feels left alone to figure things out for herself and solve her own problems.
It is not surprising that Justi is having trouble breaking her nail-biting habit.
LISA HECHT
Mrs. Hecht is Mr. Goodling's francdc. She is divorced, with two children. She works as a 5th
grade teacher. I interviewed her, conducted psychological testing, and observed her in play with
Justi.
At her interview Mrs. Hecht said that Justi talks to her and asks her questions that a girl should
be asking her mother, e.g. bodily changes, "hickeys', "french kissing, etc. Justi also volunteers
information about her mother. For example, she told Mrs. Hecht that sometimes her mother tells
her not to answer the phone. When she does answer and it's her father, her mother makes her
hang up after one minute. A few days before this interview Justi told Mrs. Hecht that she took
the phone into the bathroom so that her mother wouldn't overhear the conversation. She also
complained about the relationship between her mother and Gary, and her fears about sleeping in
the car, but added, "Please don't tell my mommy."
Justi reportedly told Mrs. Hecht that her mother's behavior has improved since the beginning of
the custody evaluation. For example, they haven't been going to Baltimore as much; her mother
makes better meals and buys her nicer clothes. At the same time, Mrs. I lecht believes that Mrs.
Goodling bakes cookies more than she prepares meals. Not only is this nutritionally unbalanced,
but it contributes to Justi's existing weight problem.
Goodling %. Goodling... Page 11
Not all of what Justi reports to Mrs. Hecht about her mother is negative. She also tells her
positive things about what she does at her mother's house.
Mrs. Hecht noted that Justi seems to have difficulty interacting with other children, especially
when it comes to sharing. She attributes this to the fact that Justi spends her evenings in the
company of her mother and other adults.
Mrs. Hecht described Mr. Goodling as "upbeat and positive." She said that Justi sometimes
manipulates her father, e.g. by asking him permission to do something after Mrs. Hecht has said
no. He is generally an agreeable person who does not like to make waves. It was for this reason
that he had given in to Justi's mother for so long.
I asked Mrs. Hecht about Mrs. Goodling's allegation that she had Justi write bad things about
her mother and then bum the list. Mrs. Hecht said that Justi had been complaining a lot. She
told the child to write down a list of positive things in her life and a list of negative things. Then
Mrs. Hecht took Justi outside and set fire to her list of complaints as a symbolic gesture to rid
herself of the negative thoughts.
Mrs. Hecht related her personal history. She grew up in Elizabethtown, the second of four
children. She described her mother as loving and caring, and her father as hardworking. Her
father was the authority figure. At school she was a good student, outgoing and personable. In
her junior year of high school her grades dropped because she experimented with alcohol and
drugs. After high school she worked a couple of years before going to college. During that time
she also married and had her children. After 14 years of marriage she divorced her husband,
whom she described as too dependent on her for everything. Her children do not have a good
relationship with him because after the separation he started drinking and he brought his
girlfriends to visits with his children.
Mrs. Hecht's MMPI was within the normal range, but reflected an attempt to present herself in
an overly positive light. She denied problems with depression and anxiety, as well as difficulties
with thinking and concentration. She is very outgoing and sociable. She prefers to be in charge
of situations. She is generally cheerful and accommodating, but can quickly tire of giving in. At
that point she will speak out directly.
In her play with Justi, Mrs. Hecht started by asking her what she wanted to do. She seemed self-
conscious about being observed at first, but relaxed after a few minutes. She and Justi laughed
and teased one another as they created a forest out of Playdoh. Mrs. Hecht used positive
reinforcement appropriately. Justi's behavior did not get out of line, so I did not have the
opportunity to observe how Mrs. I lecht handles discipline.
(totalling r (iu,N/long. , Page 11
TELEPHONE CONSULTATION WITH Ult. RAMIREIZ
John Ramirez has been working with Mr. and Mrs. (noodling on parenting skills, Mrs. Goodling
had reported to me that he had admonished Mr. Goodling lint not accepting any responsibility ror
the failed marriage, and for not letting go of the past. Shc did not mention any concerns that Ur.
Ramirez had about her.
When I talked to Ur. Ramirez he expressed exasperation with both individuals, I Ic did say that
Mr. Goodling is stuck in the past and on his belicl'that she had an alliaic I Iowcvcr, he said that
Mrs, Goodling is passively hostile. She withholds information from Justl's father, (ag. about
school) and then blames him for not getting involved. Ur. Ramirez also said that they both try to
exclude the other from Justi's life.
It has been difficult to get the couple to work out parenting arrangements because they cannot
seem to get past their anger toward each other. Their focus is on blaming, revenge and winning
rather than on helping their daughter cope with the divorce,
TELEPHONE CONSULTATIONS WITH SCHOOL PERSONNEL
I spoke with the assistant principle, Ms. McIntyre, who told me that Mr. doodling called the
school last fall when Justi complained to him that she sleeps through class because she's tired
from going to Baltimore. Both Mr. Goodling and Mrs, l lecht have called the school asking for
updates and requesting help for Justi with math.
Justi's current teacher, Mr. Wible, reported that she is doing well in school this year, She comes
to school without her homework completed about once every three weeks. She is sometimes
tired, but hasn't fallen asleep in class, Socially Justi seems to have only one friend; Mr. Wiblc
said that she prefers it that way. I le did note that she is sometimes hussy with other children,
and that she complains more than most. I lc has had contact with both parents. I le denied that
either parent is critical of the other. I Icr mother has been very cooperalivc. Both parents
attended teacher conferences last November, but only Mrs. Goodling attended the spring
conference.
1 also spoke with Ms. Vorkapich, Justi's teacher last year. She said that Just! used to complain
about being tired because she had gone to Baltimore the night belbre. Nis. Vorkapich did not
recall lusti telling her anything ol'such concern that she would inform someone else. Mr.
Goodling came to conferences last year and was involved in Jusli's education.
The school nurse, Ms, Ambrose, reported 1ha1 Justi used to visit her guile frequently with
various minor symptoms and complaints, Mrs. Ambrose documented that Justi said that her
mother didn't feed her breaklist, that she didn't gel home from Baltimore until midnight, and
Goodling v. Goodling... Page 13
that she had to wear diapers at night because she wet the bed. Last October Justi told Ms.
Ambrose that her mother gets frustrated with her in the car and squeezes her arm tightly leaving
red marks. She also told her that her mother drinks beer in the car.
Ms. Zeiger, the school counselor has also had an ongoing relationship with Justi. Justi has told
her that when she goes to Baltimore she is sometimes told to lie down in the back seat of the car
while her mother and Gary arc in the front. Ms. Zeiger has felt pressured by Justi's father to
investigate things that Justi tells him. She said that there is a procedure she must follow, and
that Mr. Goodling has not been satisfied with that. She also said that Mr. Goodling complained
about not being included in teacher conferences last year, but when she checked the records, he
had been included. She described him as "divisive". Ms. Zeiger has had mainly positive
conversations with Justi's mother. Mrs. Goodling has "not gotten explosive" when the school
asked her about Justi's not having breakfast and about other issues. She even sends cookies to
school every Christmas.
Judy Burhenny, the school based social worker for Cumberland-Perry MH/MR, became
acquainted with Justi last fall after Mr. Goodling called the school concerned about what Justi
was telling him. Ms. Burhenny said that when she talked to Justi she was told only that Justi
didn't like going to Baltimore and having to do her homework in a restaurant. Ms. Burhenny
also talked to Justi's mother. The case was dropped because whatever Justi's problems were,
they were not having any major negative impact on her grades. Therefore, it was not deemed
necessary for the school social worker to be involved.
INTERPRETATIONS AND CONCLUSIONS
Nine-year-old Justi Goodling lives with her mother during the school year and with her father
during the summer. She sees her father three weekends per month. Justi has frequently stated
that she wants to live with her father full time, but then worries that she won't see enough of her
mother.
The parents are angry and bitter toward one another. Most of their conversations with me were
aimed at criticizing the other parent. Mrs. Goodling's criticisms were mostly about being
inconvenienced when Justi's father did not adhere to the custody order, when he did not sign
school papers or when he did not inform her of his plans. Mr. Goodling's criticisms concerned
Justi's needs being subordinated to her mother's desires to be with her boyfriend. Mr. Goodling
also openly expressed his anger at Mrs. Goodling's alleged affair while they were still together.
Mr. Goodling presented himself as a helpless victim throughout most of the evaluation process.
For example when he and Justi's mother had failed to communicate about Justi's visits with me,
he blamed her mother. He has little insight into his own role in the conflicts. Mrs. Goodling
(huh ling r. Goodling... Page !J
presented herself as a good mother who wants her child to have two loving parents. However,
she openly expressed contempt lair Justi's father. She spoke of him in tones and language that
suggested he was an incompetent boob who allowed his lianede to do his thinking for him.
Mrs. Goodling's relationship with Gary is it major concern. I Ier travels to Baltimore arc for her
own fulfilment and do not in tiny way hencllt Justl. In fact, they are detrimental to Justi's
physical and emotional well-being. The trips leave her tired the next day. Also, she resents
being the "third wheel" who must amuse herself while her mother's attention is elsewhere. She
has reported her concerns to several people, and her story has been consistent. Even though her
mother denies exposing Justi to sexual behavior, Jusl's reports indicate otherwise.
The fact that Mr. Goodling does not provide it Christian education by Mrs. Goodling's standards,
is not of major concern in the overall picture. Weekly church attendance is not essential in
teaching a child morals, ethics and religious beliefs. The fact that Mrs. Goodling is involved
with her church does not mean that she is nunally superior to Mr. Goodling.
Each parent realizes that Justi is suffering, but they blame one another for causing it. They both
fail to see their own rule in making Jusli's lilt difficult. They plot against one another and try to
catch each other being had. Their energy would he better used in helping Justi sort out the
problems of a child in the midst of warring parents.
Justi, like many children In her situation, Iccls torn between her parents. She is reluctant to
display loyalty for one parent In the presence of the other. Although on the surface she laughs
and carries on, underneath she feels it great dad ofanxiety as well resentment toward her parents
who cannot seem to get along with each other. Because site cannot talk to either of them about
her feelings, she has consulted her teachers, the school counselor, and the nurse. She has also
confided in Mrs. I Iceln, I Icr nail hiring, bed wetting and negative attitudes all reflect her anxiety
and anger,
RECOMMENDATIONS
It is recommended that the parents share legal custody and that Mr. Goodling have primary
physical custody, I le is less contentious and is also more apt to promote Justi's relationship
with her other parent.
It is recommended that Justi spend every other weekend with her mother, beginning on
Friday afternoon and ending Sunday evening, as well as one evening during the week. This
midweek visit is not to coincide with Mrs. Goodling's trips to Baltimore. Transportation of
Justi to and from her mother's should be shared by the parents: They can either agree to meet
halfway, or to alternated driving. In any case, the agreement should be specified and
written down.
Goodling v. Goodling... Page 15
• Birthdays and holidays are to be alternated, according to a schedule agreed upon by both
parents, or ordered by the court.
• If the parent who has physical custody of Justi will not be available to stay with her on a day
off school, the other parent should have the option of taking her that day, before other
arrangements are made.
• Mrs. Goodling should have Justi for three weeks during the summer, not necessarily
contiguous. However, by June 1, 2001 and May 1 in subsequent years, she should inform
Mr. Goodling as to which weeks she will take Justi, so that he can make his own summer
plans accordingly.
• Justi is to be given assurance by each parent that she can telephone the other parent whenever
she wants to, and that her conversations will not be monitored.
• Each parent is responsible for communicating with the school to request information, to
make arrangements for conferences, etc.
• Neither parent is to speak negatively about the other parent. If Justi complains about the
other parent, she is to be told to address her concern with that parent. Direct intervention is
appropriate only if Justi's immediate physical safety is at risk.
• The parents are reminded that Justi is not a possession but a person. She deserves the love of
both her parents. If they truly want to express their love for her, they will promote her
relationship with both parents, in spite of how they feel about one another.
Respectfully submitted,
/ L
/9V . Pauline Wallin, Ph.D.
Licensed Psychologist
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
PRE-TRIAL STATEMENT ON BEHALF OF
DEFENDANT, REBECCA W. GOODLING PURSUANT TO
THE ORDER OF COURT DATED MAY 2, 2001
Pursuant to Local Rules of Cumberland County, Rule 1915.3-4, the
following Pre-Trial Statement is filed on behalf of Defendant, Rebecca W.
Goodling:
1. List of all fact witnesses:
(a) Rebecca W. Goodling, Defendant;
(b) Gary Williams - boyfriend of the Defendant;
(c) Pastor Walborn - Defendant's Pastor;
(d) Mr. Wible - teacher of the minor child;
(e) Dennis Hullihen - Defendant's supervisor;
(f) Carolyn Banicky - friend of the Defendant.
2. List of expert witnesses: Defendant does not intend to call any expert
witnesses; however, it is anticipated that Dr. Pauline Wallin will be called by
the Plaintiff.
3. Issues for resolution: Primary physical custody of the minor child.
4. Estimated length of trial: At least one day.
5. Any reports from agencies: none.
6. Reports of experts intended to be called as witnesses: Defendant will be
submitting no expert reports.
Respectfully submitted,
BY:
Diane M. Rupic , Esqui
1017 North Fr nt Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: J3??
CERTIFICATE OF SERVICE
I, Diane M. Rupich, Esquire, hereby certify that a true and correct copy of
the within Pre-Trial Statement on Behalf of Defendant, Rebecca W. Goodling has
been served upon the following individual by first class, United States mail,
postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania,
0 -7
on the (4p day of2001, addressed as follows:
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
The Honorable Kevin A. Hess
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
Susan Kay Candiello, Esquire
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
?1? 1?/
Date: -'
Respectfully submitted,
i
BY: ' ?1
Diane NL ups , Esquire
1017 North F ont Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99-6394
: CIVIL ACTION - LAW
: CUSTODY
PRE-HEARING MEMORANDUM
CUSTODY HEARING - JUNE 6, 2001
1. Parties
Rodney T. Goodling, Plaintiff (hereinafter known as "Father")
Susan Kay Candicllo, Esquire, Counsel for Plaintiff
Rebecca W. Goodling, Defendant (hereinafter known as "Mother")
Diane M. Rupich, Esquire, Counsel for Defendant
Justin Lyn Goodling, natural daughter of rather and Mother, subject of hearing,
(hereinafter known as "Justy".)
2. Plaintiff's Basis for Dispute
rather believes it is in the best interests of lusty that he should have Primary Physical
Custody and Mother should have Partial Physical Custody for the following reasons:
a) Mother has demonstrated a consistent and continuous inability and/or failure
to consider and take actions in the best interests of Justy;
b) Mother has consistently and continuously demonstrated she will place her
own interests ahead of lusty's best interests;
c) Mother has consistently and continuously, since the parties' separation and
divorce, interfered with Father's ability to:
1) Enjoy visitation with Justy;
2) Have the ability and access to Justy to be able to communicate
with Justy on a regular basis;
3) Participate in decisions affecting Justy's immediate present and
future;
4) Have access to medical, psychological, educational and other
similar types of information concerning Justy;
5) Have the ability to participate in Justy's educational and
extracurricular activities; and,
6) Have the peace of mind that Justy is in a physically and
psychologically safe environment.
(d) Justy has continuously requested, for approximately a year, to leave her
Mother's home to live with her Father.
3. Legal Theory
"Best Interests and Welfare of the Child" The guideline for the court in making any
child custody decision is what is in the best interests and welfare of the child. The parties
agreed to utilize the resources of Dr. Pauline Wallin to provide them with a professional
opinion as to the best custody armngcment for Justy and to abide by Dr. Wallin's
recommendations. Mother has determined not to adhere to this agreement. For all the reasons
stated and outlined in paragraphs 2 and 5, Father believes it is in the best interests and
welfare of Justy for him to have Primary Physical Custody.
4. Defendant's Basis for Dispute
We arc not aware of the Mother's rationale or theory for her refusal to follow Dr.
Wallin's evaluation.
5. Present Order
The present custody order was entered as a custody order following a conciliation
conference with Melissa Greevy, Custody Conciliator, and is attached to the Complaint for
Custody Modification. It provides for:
Shared Legal Custody Mother has continuously violated the tenants of Shared Legal
Custody, taking unilateral actions and making unilateral decisions for Justy, which have
excluded Father.
Primary Physical Custody with Mother and Partial Physical Custody to Father
Mother has deliberately violated and interfered with Father's partial custody and
visitation rights as stated in the present custody order. Mother's actions and statements
have placed Justy in situations and circumstances which have caused and continue to
cause additional psychological damage to Justy. Some of Mother's actions have placed
Justy in circumstances where she could experience physical harm. These circumstances
and situations have occurred to such an extent and degree that Justy has requested to live
with her Father. As a result of Father's fear for Justy's physical safety, the psychological
damage which Father has already observed and believes will continue with Justy, and
Justy's request for Father's help and to come live with him, rather has taken actions to
obtain Primary Physical Custody of Justy.
6. Witnesses
(a) Rodney T. Goodling (Father). Father will testify concerning his
fears and concerns for Justy, his actions and statements with Justy, his actions
and statements with Mother, Mother's actions and statements toward Father and
involving Justy, and his reasons for his request for primary physical custody.
(b) Lisa Goodling (Stepmother). Stepmother will testify as to the
actions of Mother which she has witnessed involving Father and Justy, the actions
of Father which she has witnessed involving Father and Mother, the feelings and
fears which Justy has shared with her, her love and concern for Justy, and the
family Justy would be joining.
Expert Witnesses
Pauline Wallin, Ph.D. Dr. Wallin will testify to statements in her custody
evaluation, her interactions and observations of Father, Mother, Stepmother and Justy, her
recommendations for this family, and the rationale supporting her recommendations.
8. Exhibits
(a) Dr. Wallin's Custody Evaluation (This has been shared with Attorney
Rupich.);
(b) Artwork, reports and other written materials done by Justy (These have
and/or will be shared with Attorney Rupich.);
9. Scheduling
To accommodate her schedule, Dr. Pauline Wallin has requested to testity on or
about 2:00 p.m. on June 6, 2001.
10. Requested Stipulations
We believe the parties, in agreeing to use Dr. Pauline Wallin to perform a
custody evaluation, have agreed to qualify her as an expert, but if not, then we would request
Dr. Pauline Wallin be qualified as an expert.
11. Unusual Legal Issues
Father has no knowledge of any special legal issues.
12. Estimate of Time
One (1) day and hopefully less, with the addition of the contempt hearing prior
to the custody hearing. We would request the court establish a time limit for the contempt
hearing to prevent delay with the custody hearing.
13. Outstanding Motions
Father has filed three (3) Petitions for Contempt which will be addressed by this
court immediately before the custody hearing.
14. Offers of Settlement
Father's counsel prepared and offered a custody stipulation which closely
followed Dr. Pauline Wallin's recommendations. Mother did not respond to the proposed
custody stipulation in any manner. A copy of Father's proposed custody stipulation can be
available at the hearing, if requested. A copy of Father's proposed custody stipulation has been
shared with Mother's new counsel, Attorney Rupich.
15. Miscellaneous
Father is very concerned that his daughter has been allowed to remain in a
physical and psychological environment which he believes has caused additional psychological
damage to Justy. Father is also concerned for Justy who has taken the actions which our
children arc instructed to do when they need heap: tell an adult, tell your teacher. Justy's school
took minimal action and would not share any information with Father. Father's overriding
concern is, despite a child asking for help and despite her Father wanting desperately to obtain
this help for his daughter, school policies, process and procedure prevailed.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: Mayo, 2001
Susan Kay Cant o, quire
Counselfor Plaintiff
PA I.D. # 64998
5021 East Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99.6394
: CIVIL ACTION - LAW
: CUSTODY
1, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby
certify that I served a true and correct copy of the foregoing Pre-Hearing Memorandum, by first-
class United States mail, to the following:
Diane M. Rupich, Esquire
Dils & Rupich
1017 North Front Street
Harrisburg PA 17102
Dated: May 412001
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Counsel for P nriff
PA I.D. q 64998
5021 East Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
ROBERT T. GOODLING IN'1'111i COURT' 01' COMMON PI.EAS OI'
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
REBECCA W. GOODLING
DEFENDANT 99-6394 CIVIL ACTION LAW
. IN CUSTODY
AND NOW, this 17th day of November , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear bcforeMelissa P. Greevy, Esq. , the conciliator,
al 214 Senate Avenue, Suite 105, Camp 11111. PA 17011 on the 111thday of December 2000, at 11:15 a.m.
for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Is/ Melissa A Grrevy}Esq. A-2
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilitcs Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR A'1-I'ORNEY AT ONCE. IF YOU DO NOT
IIAVE AN ATfORNEY OR CANNOT AFFORD ONE, 60 TO OR 'I'll LEPI [ONF TI 11: OFFICE SET
FORTH BELOW TO FIND OUT WIIERI: YOU CAN GET LEGAL IIELP.
Cumberland County Bur Association
2 Liberty Avenue
Carlisle. Pennsylvania 17013
't'elephone (717) 249-3166
..
..,
RODNEY T. GOODLING, : IN TILE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-6394
REBECCA W. GOODLING, : ACTION FOR CUSTODY
DEFENDANT
ORDER
AND NOW, this day of November, 2000, as a result of the Emergency Petition for
Contempt and Special Relief:
IT IS HEREBY ORDERED AND DIRECTED:
Plaintiff, RODNEY T. GOODLING, shall be temporarily awarded Primary Physical Custody
of his daughter, JUSTINA LYN GOODLING, until further determination by this Court is made
concerning what actions are in the best interests of this minor child.
Until a hearing can be held, Defendant, REBECCA W. GOODLING, shall only be allowed
supervised visitation until the safety of the minor child, 1USTINA LYN GOODLING, can be
determined.
Defendant, REBECCA W. GOODLING, shall be brought before this court for charges of
contempt of the Order of this court dated September 5, 2000.
BY THE COURT:
J.
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6394
: ACTION FOR CUSTODY
EMERGENCY PETITION FOR CONTEMPT
AND SPECIAL RELIEF
AND NOW, comes the Plaintiff, RODNEY T. GOODLING, by and through his
counsel, Gates and Associates, P.C., and respectfully represents as follows:
1. The current custody Order, dated September 5, 2000, in the above action is an
agreement entered into following a conciliation conference with Melissa Peel Greevy, Esquire. A
copy of the Order is attached as Exhibit "A' and made a part hereof.
2. The Defendant has failed to comply with several of the terms in the present custody
order, which are as follows:
a) Custody Order, paragraph 2, subparagraph A. "It is anticipated the Child
shall cat dinner with her Paternal Grandmother on these Friday evenings."
Defendant has consistently stopped at fast food restaurants just prior to bringing
the child to her Paternal Grandmother's home to prevent the Child from eating a
home cooked meal with her Paternal Grandmother. The Grandmother, who is 82
years old, is unable to discuss the Defendant's actions with her;
b) Custody Order, paragraph 2, subparagraph B. "Father shall also have the
option of an evening visit with his Daughter one evening during the week. Father
must provide Mother with a 48-hour notice..." October I, 2000, Father returned
his Daughter to the Mother's home at 5:00 p.m. per the Custody Order. Father
requested to have visitation with his Daughter on October 3, 2000 at 5:00 p.m.
Mother stated she had no plans, but Father had made his request only 46 hours
ahead of time and not the required 48 hours, and denied his request for visitation.
Similar incidents have occurred when Father made requests for extra time with his
daughter;
c) Custody Order, paragraph 6, subparagraph 1. "When the Child is in the
custody of the parent, the Child shall be provided with the opportunity to make a
minimum of 2-3 completed telephone calls to the non-custodial parent each week."
1) September 1, 2000, the Child stated to her Father she is not
allowed to make any telephone calls to her Father.
2) Week of September 17, 2000, no telephone calls were received,
nor were Father's telephone calls and/or messages answered.
3) Week of September 24, 2000, no telephone calls were received,
nor were the Father's telephone calls and/or messages answered.
4) Week of October 13, 2000, no telephone calls were received,
nor were the Father's telephone calls and/or messages answered.
5) Week of October 16, 2000 no telephone calls were received,
nor were the Father's telephone calls and/or messages answered.
6) Week of October 23, 2000, no telephone calls were received,
nor were the Father's telephone calls and/or messages answered.
7) Finally on October 27, 2000, Father left two messages for his
daughter, but no responses were made. October 28, 2000, the Child called,
leaving a brief message for her father. The Child sounded scared and
upset. Worried, Father tried to telephone the Child on October 29 and 30,
2000 but could not contact his daughter, nor were his messages returned..
8) October 31, 2000 Father called his daughter again, but was told
by Mother he could not speak with his daughter.
9) November 1, 2000, Father called again and his daughter was
allowed to speak with him for two (2) minutes.
d) Custody Order, paragraph 4. "Should the Child become ill or for
whatever reason not be able to attend school ...and Mother is unable to remain
home with the Child, Father shall be notified by Mother, at the earliest possible
date or time, to enable him to provide care for his Daughter, in lieu of ...."
October 30, 2000, the Child had a vacation day from school and was placed by the
Mother with the maternal grandparents. Father had vacation that entire week and
could have gotten his daughter with the required notice from Mother, but Mother
never told Father of this time away from school;
c) Custody Order, paragraph 7. "The parties shall not use the Child as a
messenger for any type of message, oral or written." September 6, 2000, through
the present, Mother has continuously given the Child verbal messages to give to
Father, refusing to communicate with Father;
f) Custody Order, paragraph 8. "Mother shall provide the Child with
sufficient clothing, which is appropriate for weather, the activities which the parties
plan to engage in, and which is at minimum in reasonably good condition."
1) August 20, 2000, the Child was sent to a family event wearing
old play clothes (nice clothing had been requested by Father) without any
jacket or sweater for the very cool evening.
2) August, 2000, during Father's last full week of visitation,
Mother did not send any clothing at all.
3) October 1, 2000, Father requested Mother send a dress and
good shoes for a church activity. Mother sent old play clothes.
4) November 3, 2000, the Child did not have sufficient clothing for
the weekend. Child was sent with only one pair of pants and was not
provided with any type of jacket, even though the temperatures were 40
degrees and below.
g) Custody Order, paragraph 12. "The party with physical custody of the
Child shall keep the other party fully aware and informed of any successes,
difficulties, activities, emergencies, etc., with which the Child may become
involved."
1) October 10, 2000, the Child's teacher, Mr. Wible, contacted
Father to inquire about a note Mr. Wible had sent home to Mother about a
problem the Child was having in class. Mother had never responded to Mr.
Wible's note;
2) Father has never received any information and/or documents
from Mother. Father must contact the school, identify exactly what
information and documents he wants and provide a self-addressed, stamped
envelope to be able to obtain any information and/or documents for his
daughter.
h) Custody Order, paragraph I5. "The parties shall consult with the
pediatrician regarding the Child's continued incontinence and nail biting habit and
shall follow up with counseling or medical treatment as recommended by the
pediatrician."
1) Mother has not scheduled any appointments for the Child to
identify what problems are causing these symptoms;
2) The Child continues to have difficulty with incontinence, soiling
her underwear daily and, when at home with her Mother, the Child states
her Mother has her wear diapers during the night.
i) Custody Order, paragraph 16. "The parents shall participate in a
minimum of eight co-parenting sessions to improve their communications and a
level of cooperation between the parties." Father has been attending counseling
sessions to assist him with his communication. Mother has refused to
communicate with Father to arrange for any counseling/parenting sessions.
3. Father has been told by his daughter she is still being taken to Baltimore by her Mother
a minimum of one to two (1-2) times a week, often on Tuesday and Wednesday nights, always on
school nights, for her Mother to visit with her paramour.
4. Father has been told by his daughter her Mother drinks cans of beer while driving to
and from Baltimore and has her throw away and/or hide the empty cans of beer.
5. Father has been told by his daughter her Mother already been stopped by the police and
has had her daughter hide the beer and lie for her to the police,
6. The Child has taken books out of the school library about drunk driving.
7. Father has been told by his daughter she is afraid riding in the car when her Mother is
drinking and worries whether she will see her Father again, before she is killed in an automobile
accident as a result of her Mother's drinking while driving.
8. The Child tells her Father she has to complete her homework in restaurants and/or in
the car while going to Baltimore and she does not get home until late in the morning and, as a
result, is very sleepy in school on those days.
9. The Child tells her Father she is being exposed to her Mother and her paramour
drinking alcoholic beverages and engaging in various sexual activities in the car on her trips to
Baltimore.
10. Defendant resides in a one bedroom apartment with bunk beds in the bedroom.
Defendant and her daughter share this one bedroom.
11. The Child told her Father the last time Mother's paramour came to her Mother's
home, they all slept in the living room, the Child on the floor and Mother slept on top of her
Paramour on the couch.
12, The Child told her Father her Mother hits her and throws things at her and she cannot
talk to her Mother or tell her things because she is afraid of her.
13. The Child talks constantly about moving to her Father's home, where she will be safe,
happy, have good food, nice clothes, friends, a family, and many other things.
14. The Child has written and given several documents to her Father, which indicate the
child's state of mind. Copies of these documents are attached as Exhibit "B" and made a part
hereof.
15. The Child, turning to another adult to help her, has shared these same fears and
statements with her teacher and guidance counselor at her school.
16. The school professionals have stated they will not get involved in custody issues but
the school has referred the child to a case worker, who has made reports to the Children and
Youth Agency about the Child's statements.
17. In summary, Plaintiff is extremely fearful for the physical and psychological safety and
health of his daughter, JUSTINA LYN DOODLING, for the following reasons:
a) Plaintiff is fearful for his daughter, JUSTINA'S safety while traveling late at
night and early in the morning with her Mother, especially since her Mother consumes
alcohol while driving during these times;
b) Plaintiff is fearful for his daughter, JUSTINA'S psychological well being since
she is exposed to the explicit adult sexual activities between the Mother and her paramour;
c) PlaintifTdoes not believe it is in his daughter, JUSTINA'S best interest and
well-being to be out late at night, without the proper time and environment to complete
her homework, eat, do activities a child her age would like to do, and go to bed at a
proper hour;
d) Plaintiffis fearful for his daughter, JUSTINA'S physical and psychological well
being as her problem with incontinence continues and is not addressed;
e) Plaintiff is concerned about his daughter, JUSTINA'S safety and well being as
Justina begins to challenge and question her Mother's statements, rules and activities, with
the resulting arguments and fights, in which Mother has already struck and thrown things
at his daughter;
I) Plaintiff believes the Defendant has and continues to demonstrate a complete
and utter disregard for her daughter's physical and psychological safety and well being;
g) Plaintiff believes the Defendant is not able at this time to function as a parent,
placing a priority upon her needs and desires ahead of those of the Child's needs and best
interests;
Plaintiff, RODNEY T. GOODLING, because of his great love and concern for his
daughter and his overwhelming fear for her physical and psychological health, respectfully
requests this Honorable Court:
1) Award him Primary Physical Custody of his daughter, JUSTINA LYN
GOODLING, granting Defendant, REBECCA W. GOODLING, Partial Physical
Custody in the form of supervised visitation until the safety of his daughter can be
determined;
2) Find the Defendant, REBECCA W. GOODLING, in contempt of the
Order of this court dated September 5, 2000;
3) Find the Defendant, REBECCA W. GOODLING, responsible for all
the Plaintiffs counsel fees and all other costs and expenses this court shall deem
appropriate;
4) Take whatever other actions this Honorable Court shall deem
appropriate in light of the Defendant's calculated and deliberate actions which have
caused irreparable harm to the parties' minor child.
Dated: November A?- , 2000
Respectfully submitted,
GATES & ASSOCIATES, P.C.
Susan Kay lo, Esquire
Counselfo Plain lof
PAI.D.#6
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made subject
to the penalties of 18 Pa, C.S.A. §4904 relating to unswom falsification to authorities.
DATED: //GG- , 2000 ,
Rodney T. Goodliq
SEP 012000D
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394 -,n('r
: CIVIL ACTION - LAW SEP 0 6 2090
: CUSTODY
ORDER OF COURT
AND NOW, this _5 h day of , 2000, upon consideration of the
attached Custody Conciliation Summary Repo , it is ordered and directed as follows:
1. The Father, Rodney T. Goodling, and the Mother, Rebecca W. Goodling, shall
have shared legal custody of their minor Child, Justina Lyn Goodling, born June 6, 1991.
2. The Mother and the Father shall share physical custody of the minor Child in the
following fashion:
A. Father shall have his Daughter the first, third and fifth weekends. Mother
shall have her Daughter the second weekend of each month. The
weekends shall commence on Friday at 7:00 PM and continue until
Sunday at 7:00 PM. It is anticipated the Child shall eat dinner with her
Paternal Grandmother on these Friday evenings. If Mother desires to
make alternate arrangements for dinner she must contact Father, or the
Paternal Grandmother, in a timely manner, to provide notice of the change
in dinner plans. Sunday evenings Father shall return his Daughter to
Mother's residence at 7:00 PM;
B. Father shall also have the option of an evening visit with his Daughter one
evening during the week. Father must provide Mother with a 48-hour
notice of his desire to exercise his option. The Paternal Grandfather will
then bring the Child to his home after school, where the Father may pick
up the Child after school. Father shall have his Daughter back to Mother's
home by 9:00 PM that same evening;
C. With the added weekend visitation, Father has agreed to assume the
additional responsibility of providing his Daughter with a continuing
Christian education. This does not mean that the former religious service
must be attended by the parties' Daughter every Sunday morning. This
does mean Father shall provide his Daughter with the opportunity to be
exposed to Christian teachings and educational materials every weekend
which he has custody of his Daughter;
3. Father's name, address and telephone number shall be placed on all emergency
cards, childcare documents, school documents, etc. Father shall be provided
with full access to the Child's school, medical, dental, psychological, religious
and any extracurricular activities, records and documents. Father shall be
identified as an individual with the ability to pick up his Daughter from the school,
daycare, and any other facilities or groups requiring such permission. Mother
shall take whatever steps are necessary to place Father's name on all
emergency and notification documents for the parties' Daughter;
Mother agrees to consult with Father regarding the decision for the Child's
participation in any activity for which the Father would be responsible for
assisting In the transportation, attendance in which would have an effect upon
the Father's visitation time;
Should the Child become ill or for whatever reason not be able to attend school,
school is dismissed early, school is canceled, and/or there Is a vacation day from
school, and Mother is unable to remain at home with the Child, Father shall be
notified by Mother, at the earliest possible date or time, to enable him to provide
care for his Daughter in lieu of the Child being placed in daycare or going to the
Mother's office. It shall also be acceptable for the Child's Maternal Grandfather
to be notified at these times and then for him to notify Father, who can exercise
this option to take custody of his Daughter. At such times, Father shall return his
Daughter to Mother when it is reasonable to do so.
5. The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child
during any of the holidays and/or vacations from school, the Mother agrees to
notify Father, in a timely fashion, of her inability to care for the Child and Father
may then obtain the Child thus thwarting the necessity of the Child being at
daycare or being at the Mother's office. Paternal Grandfather and Paternal
Grandmother may also be used as a resource for the Child during periods when
neither Mother nor Father can provide the necessary care for their Child.
6. The parties shall alternate, annually, the following holidays: Father shall have
the even-numbered holidays in even-numbered years and Mother shall have
odd-numbered holidays in odd-numbered years. These holidays shall supercede
the regular schedule for visitation. The holiday visitation period shall begin at
8:00 AM and end at 8:00 PM. The arrangements for transportation and
exchange of the Child shall be the same as for weekend visitation;
Holidays:
1. New Year's Eve and New Year's Day
2. Easter
3. Memorial Day
4. Independence Day
5. Labor Day
6. Thanksgiving
A. Father has Good Friday as a vacation day,
partial custody of the Child on Good Friday.
Child to church services on Good Friday;
therefore Father shall have
Father agrees to take the
B. The parties agree the Sunday before Christmas every year Father shall
have his Daughter in the morning and early afternoon for his special once-
a-year celebration with his family. Mother shall have her Daughter every
year In the late afternoon and early evening for her special annual church
Christmas party;
C. Christmas 2000 shall be arranged as follows: Father shall have custody
Christmas Day through December 27th at 7:00 PM. Mother shall have
December 28th through January 1 st.
Thereafter, The parties shall alternate annually the Christmas holiday. In
the odd-numbered years Father will have the Child Christmas Eve from
5:00 PM through Christmas Day at 1:00 PM. Mother shall have the Child
from Christmas Day at 1:00 PM until the day after Christmas at 1:00 PM;
D. For the Thanksgiving holiday of 2000 Father shall have physical custody
of the Child from Wednesday after school until Sunday following
Thanksgiving at 7:00 PM. In exchange for this extended Thanksgiving
holiday, Mother shall have her custodial period for Columbus Day
weekend extended through the Monday holiday period.
E. Father shall have the Child on Father's Day and Mother shall have the
Child on Mother's Day. The time shall be the same as for other
superceding holidays, 8:00 AM through 8:00 PM;
F. The Child's birthday shall be alternated annually with Father having the
Child for her birthday in the year 2001. The Child's birthday is June 6th,
this is often a school day. If the day is a school day the Father shall have
the ability to get the Child following school through 9:00 PM. When the
Mother has the Child for her birthday, Father shall be able to have a
completed telephone call with the Child before the end of the day;
G. The first full week following the dismissal of school for the year in June
and continuing until the Sunday prior to the first day of school at the
conclusion of the summer, Father shall enjoy custody of his Daughter
weekly and on alternating weekends. Mother shall enjoy visitation with
the Child on alternating weekends. Mother shall begin her weekend of
custody by getting her Daughter at the Paternal Grandmother's home
after work on Friday evening and Father will get his Daughter from
Mother's residence Sunday evening by 8;00 PM;
H. Mother shall have the option of requesting two weeks of vacation and the
days necessary for the Child to attend church camp. Church camp is
presently Thursday through Sunday of a week during the summer.
Mother shall provide Father with written notice of the weeks she desires
the Child for vacation and the week the Child will be in church camp
by the first of that same year to allow each party sufficient time to make
their vacation plans;
When the Child is in the custody of the parent, the Child shall be provided
with the opportunity to make a minimum of 2-3 completed telephone calls
to the non-custodial parent each week. All messages from the non-
custodial parent shall be given to the Child, with the opportunity to make a
return telephone call at that time. Father provided Mother with a message
machine, Mother agrees to keep the message machine on or one which
Mother chooses to utilize available to Father at all times;
7. The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
8. Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in, and which is at
minimum in reasonably good condition.
9. Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their individual custodial periods with their Child such as food,
school lunches, gifts which must be purchased during that time, and other
minimal extraneous purchases.
10. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the Child is in school. Should either party desire to move a greater
distance , that party shall provide the other with a minimum of 3-months' notice
and the reason for the desired move. The parties will then discuss the proposed
move and work toward a joint decision regarding the modification of this Order.
11. The parties shall share with each other the name and address of any child
caregiver whom they have chosen to use.
12. The party with physical custody of the Child shall keep the other party fully
fully aware and informed of any successes, difficulties, activities, emergencies,
etc., with which the Child may become involved.
13. The parties shall be free to mutually agree and to alter and/or change the terms
of this Agreement.
14. Transportation for any Friday night exchanges shall be provided by Mother. On
those occasions when Mother provides transportation at the conclusion of her
custodial period on Friday nights, Father shall provide transportation at the
conclusion of his custodial period.
15. The parties shall consult with the pediatrician regarding the Child's continued
Incontinence and nail biting habit and shall follow up with counseling or medical
treatment as recommended by the pediatrician.
16. The parents shall participate in a minimum of eight co-parenting sessions to
improve their communications and a level of cooperation between the parties.
Expenses associated with this counseling and not reimbursed by the parties'
medical Insurance shall be shared In equal proportions between the parties.
BY THE COURT,
/s
? i,? J.
Win A. Hess
Dist: Allen D. Smith, Esquire
Susan Key Candlello, Esquire
it T ?Li ny :,h:rof, I IWIC a-'a .: i•ii 2nd
and 11 . :ai of said urt
Thi ...,••
,)l k ....... 20Y1.I
Pr It notary
Now-06-00 12:53P
Good Things at my Dad's
I have a family here.
They cook food.
They. buy me nice clothes.
They don't drink and drive.
We don't go out to eat many times.
They don't make children sleep in cars.
They are very nice people.
They don't lie.
I have friends here.
I can ride bike because it is a safe neioberhood.
I can have sleepovers with friends.
I have a yard to play in.
They don't have to do my homework in a restant.
They make shore we all get exiserise.
We look at catloges.
I feel loved.
I am not scared.
Get to watch my shows.
I have respoibilites here.
I am not hit when someone is angry.
November 4, 2000
P.00
{
A
?t14?
L iE?v
r ,
t
f?i
Nov-04-00 12:53P P.09
Bad Things at my Mom's
She lies and I cacth her.
Don't cook food.
I don't have my own room and no yard.
I have to wacth my mom's football instead of some of
my own shows.
Not home very often.
When she gets mad at me she hits me.
I don't have nice clothes there.
I don't get enouth sleep.
She foces me to do stuff I don't want to do.
I don't get to make deshions in our house.
I am around people who smoke.
I don't see friends.
Don't look at magenes.
November 4, 2000
Nov-OG-00 12:154P P.10
My Summer
Thi summer was cool. 1 saw my friends a
lot.
I had some sleep overs. I had to do some
cho es. I went swimming alot.We crashed
part es.We helped each other.Emily and I
got ogether fine.But I must amit we did
Pic on each other.I used the computer like I
did or this project.
I do 't mean to make my mom feel bad but 1
had lot of fun this summer.My mom never
too me to the kind of parties my family
do here have.I want to make it CLEAR
TH T I HATE GOING DOWN TO
GA Y'S.
Nov-06-00 12
at
P.11
have to realize I have a family down
dad's to .
By.
Justina. lyn.
Goodling
Nov
106-00 12:65P
The Right Things To Do
On school nights do homework or
study.
Eat healthy food and exercise .
Ask for help when you need it.
Never lie to anyone.
On school nights don't go to bed
late.
Be a good friend to friends and share.
Be a good sport at games.
Don't be the boss.
Have a nice smile.
Don't be mean or stupid.
IT IS IMPORTANT
TO HAVE A NICE
DAY!! J.,fin.,L,n.Gooa.,
P.12
.`o
.x
APR 161001
.. , ., ..
RODNEY T. GOODLING, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY,
: PENNSYLVANIA
VS.
: NO. 99.6394
REBECCA W. GOODLING, : CIVIL ACTION - LAW
DEFENDANT : CUSTODY
AND NOW, this day of , 2001, upon consideration of
Plaintiff's Petition for Contempt, Enforcement and Special Relief, it is hereby directed and
ordered as follows:
1. Primary Physical Custody shall be immediately placed with Plaintiff.
2. School Change. The Plaintiff shall be granted the ability to change the school the
Child is enrolled in and the school shall be directed to cooperate fully in this change.
3. Counseling. Defendant shall be ordered to attend a minimum of six (6) counseling
sessions for her anger, parenting skills, and statements placing the Child in danger, fear and
inappropriate situations.
4. Cooperation. Defendant shall cooperate in all requests to have primary physical
custody of the Child changed to Plaintiff and to have the Child's school changed.
5. Attorney's Fees. Because of her willful violation of all past custody orders and
most recently the custody order of January 5, 2001, Defendant shall be directed to pay Plaintiffs
reasonable counsel fees, costs and expenses which were required for the preparation and
presentation of this petition and attendance at the conference and any hearings that may be
required.
6. Any other additional relief, which this Court deems equitable.
RODNEY T. GOODLING,
PLAINTIFF
Vs.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99.6394
: CIVIL ACTION - LAW
: CUSTODY
Legal proceedings have been brought against you alleging you have willfully disobeyed an order
of court for custody.
If you wish to defend against the claims set forth in the following pages, you may, but arc not
required, to file in writing with the court your defenses or objections.
Whether or not you file in writing with the court your defenses or objections, it is hereby directed
that the parties and their respective counsel appear before , the conciliator,
at , on the _ day of
2001, at _. m., for a Pre-Hcaring Custody Conference. At such conference, an effort will
be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues
to be heard by the court, and to enter into a temporary order. All children age five or older may also be
present at the conference. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
Custody Conciliator
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR
ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may
be found in contempt of court and committed tojail, fined or both.
The Court of Common Pleas of Cumberland County is required by law to comply with the American with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County [tar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99-6394
: CIVIL ACTION - LAW
: CUSTODY
1. Plaintiff is RODNEY T. GOODLING (hereinafter referred to as "Father"), who
currently resides at 152 North Market Street, Mount Joy, Lancaster County, Pennsylvania,
17552.
2. Defendant is REBECCA W. GOODLING, (hereinafter referred to as "Mother"), who
currently resides at #208, 2101 Cedar Run, Camp Hill, Cumberland County, Pennsylvania,
17011.
3. The parties are the parents of one (1) child: JUSTINA LYN GOODLING, bom on
June 6, 1991, and presently nine (9) years of age.
4. Both Mother and Father are divorced. Mother has had a paramour since prior to the
party's separation, but has not remarried. Father is engaged and will be married on or before
April 30, 2001.
5. The parties' initial custody agreement was contained within their marital settlement
agreement. This agreement was very vague and Father did not have, nor was he able to obtain
any significant amount of visitation time with his daughter, as a result of Mother's continual
interference with Father's requests for custody and visitation.
6. On or about September, 1999, Father filed a Petition to Modify Custody seeking a
more defined custody order, and received such an order from Michael Bangs, Esquire, custody
conciliator for Cumberland County. Despite this Order, Mother continued to interfere with
Father's relationship with the child.
7. Father filed an Emergency Petition for Contempt and Special Relief, on or about
September, 2000. This Petition resulted in two (2) custody orders, dated September 5, 2000 and
January 5, 2001, arising out of conciliation with Melissa Greevy, Esquire. These orders were
designated interim orders to be in effect while the parties attended counseling sessions to assist
with their communication, and completed a custody evaluation with Dr. Pauline Wallin.
8. Mother has continuously interfered with Father's rights and abilities to enjoy custody
and visitation with his daughter, despite whatever agreements and orders have been reached
between the parties.
9. Pursuant to the parties' last custody order and Custody Conciliation Summary
Report, dated January 5, 2001, (a copy of which is attached hereto and made a part hereof at
Exhibit "A") the parties agreed to share Legal Custody of their child. The parties further agreed
Mother would have Primary Physical Custody, with Father having Partial Physical Custody.
10. Pursuant to the Interim Order of the Court, entered on January 5, 2001, the parties
areto share legal custody of their child, in accordance with the following language.
"Each parent shall have an equal right, to be exercised jointly with the other parent, to
make all major non-emergency decisions affecting the Child's general well-being including, but
not limited to, all decisions affecting her health, education and religion. Pursuant to the terms of
Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the
Child including, but not limited to, medical, dental, religious or school records, the residence
address of the Child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of reasonable
use to the other parent."
11. Since the January 5, 2001 Interior Order of Court, Defendant has withheld
information and documents concerning the Child's school performance, homework, activities,
conferences and problems. The Defendant does this through the following actions:
a. Defendant withholds entire documents, simply refusing to
acknowledge them and give them to the Plaintiff;
b. Defendant tears pages from the Child's agenda book, which is the part
of her school notebook where the teachers write comments, work to be done,
problems, requests to the parents, and similar items;
c. Defendant has made numerous derogatory statements to the Child's
school about the Child's Father and several requests of the school, resulting in the
school personnel either refusing to cooperate or only providing to the Plaintiff
limited information;
d. Defendant refuses to talk to the Plaintiff on the telephone, refusing to
share any additional information, or respond to Plaintiff's questions in any form
concerning where various documents are, what activities are occurring, and other
pertinent information about the Child;
e. Defendant refuses to speak with the Plaintiff when he returns his
daughter following his periods of visitation, continuing to keep information and
documents concerning the Child from the Plaintiff;
E Essentially, Plaintiff has no avenue of communication available to him
with the Defendant as a direct result of Defendant's actions and Defendant has,
through her actions and statements, limited the Plaintiff's ability to communicate
with the Child's school.
12. Pursuant to the January 5, 2001 Interim Order, paragraph 4.1):
"in the event that there is a Monday holiday, the parent having custody of the
Child for the weekend immediately prior to the Monday shall have the option of retaining
custody for that Monday, if that parent is not at work...:'
13. Since the January 5, 2001, Interim Order, Defendant has succeeded in keeping the
Child from the Plaintiff on every "extra" Monday the Plaintiff might have had custody by using
one of her vacation days for each of these days.
14. Pursuant to the January 5, 2001 Interim Order, paragraph 6:
"Should the Child become ill or for whatever reason not be able to attend school,
school is dismissed early, school is canceled, and/or there is a vacation day from school, and
Mother is unable to remain at home with the Child, Father shall be notified by Mother, at the
earliest possible date or time, to enable him to provide care for the Child in lieu of the Child
being placed in a daycare or going at the Mother's office. It shall also be acceptable for the
Child's Maternal Grandfather to be notified at these times and then for him to notify Father, who
can exercise this option to take custody of the Child. At such times, Father shall return the Child
to Mother when it is reasonable to do so."
15. The Defendant went to Atlantic City for two (2) days on or about
Monday, March 26 through 28, 2101. The Defendant did not notify Plaintiff she would be in
Atlantic City, and did not offer Plaintiff the ability to provide care for the Child. The Defendant
did not even notify the Plaintiff of the Child's location during those two (2) days.
16. Plaintiff, as he continued in his attempts to have telephone contact with his daughter
during this two (2) day period, spent several days very worried about his daughter, unable to
contact his daughter.
17. Pursuant to the January 5, 2001, Interim Order, paragraph 8.H:
"When the Child is in the custody of the parent, the Child shall be provided with
the opportunity to make a minimum of 2-3 completed telephone calls to the non-custodial parent
each week. All messages from the non-custodial parent shall be give to the Child, with the
opportunity to make a return telephone call at that time. Mother shall keep an answering
machine in use."
18. Plaintiff is the non-custodial parent. There have never been any weeks, since the
present custody order and previous custody orders were in place, during which the Plaintiff
received 2-3 completed telephone calls a week. There have been several weeks when Plaintiff
did not receive aU telephone calls and/or responses to his telephone calls.
19. The following are examples of the telephone contact Defendant allows the Plaintiff
to have:
a. Defendant answers the telephone telling Plaintiff to call back later for
any variety of reasons;
b. If Defendant allows the Child to return the telephone call, it is
frequently returned just prior to the Child's bedtime and Defendant "reminds" the
Child she cannot talk since she needs to get to bed OR the call is made "right
before" the Child needs to leave to go to school in the morning;
c. If Defendant allows the Child to return the call or to speak to the
Plaintiff, the Defendant often makes the Child sit in the middle of the living room
in a "telephone chair" from which the Defendant can monitor the entire telephone
conversation and what the Child states to the Plaintiff;
d. If it is the day before the Plaintiffs next scheduled visit, the Defendant
will not allow the Child to call the Plaintiff;
e. The Defendant absolutely refuses to allow the Child to speak, even for a
second, to the Plaintiffs fiancd or her future step-sisters.
20. Pursuant to the January 5, 2001 Interim Order, paragraph 10:
" Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in , and which is at minimum in
reasonably good condition."
21. Defendant now sends women's size clothing for the Child and continues not to send
clothing appropriate to the weather, such as no gloves or boots are sent with snow and ice.
22. Defendant continues to make degrading and derogatory statements about the
Plaintiff and his fianc6 in the presence of the Child and additionally questions the Child
following any period of time when the Child is with her Father.
23. Defendant has for over a year taken the Child on weekly, sometimes bi-weekly,
trips to Baltimore on school nights to meet and be with her paramour in his vehicle at various
points along the highway to Baltimore. The Child returns home from this adult activity late at
night and/or early in the morning.
24. The Defendant now meets with her paramour in a SUV off of Exit 30. The Child
states the SUV is better since when she tries to sleep in the back of the vehicle, she can almost
straighten out her legs. The Child is still very aware of the adult activities occurring between the
Defendant and her paramour in the front of the SUV, while she is in the SUV.
25. Dr. Pauline Wallin, Ph. D., during the course of her custody evaluation, specifically
told the Defendant this was not the type of activity the Child should be exposed to nor were the
late hours on school nights appropriate, yet the Defendant continues this activity.
26. Defendant's paramour was unable to participate in the custody evaluation, offering
a variety of reasons for this inability to participate, yet the Defendant and her paramour were still
able to meet during this time period in the paramour's SUV along side the road to Baltimore.
27. Plaintiff, through his counsel, has made several requests to Defendant, through her
counsel, to have further custody and/or telephone conferences concerning the continued actions
of the Defendant identified in this instant Petition. All requests have gone unanswered.
28. The Child, when she is with her Father, has recently begun to express increasing fear
and concern about being alone, and fears for and about her Mother.
29. The Child, normally healthy, active and energetic, has recently experienced
numerous bouts with colds, coughs, pink eye, headaches, fatigue and general malaise, all
symptoms of depression.
30. The Child has recently requested her Father stay with her through the night because
she is afraid. This is a completely new behavior for the Child.
31. The Child constantly asks her Father, "Will I be able to live with you? When will I
be able to come live with you?" and other similar questions.
32. The Plaintiff has spoken with the school where the Child would attend if the Child
were to reside with Plaintiff. The school has agreed arrangements can easily be affected to have E
the Child transferred to the school immediately.
33. The Defendant does not have a large emotional support system and has made
statements in a religious context which cause the Plaintiff to be fearful for the Child's safety with
the Defendant.
34. As the Child voices her increasing desire to reside with her Father, Defendant's
mood swings in her interactions with the Child have increased, Defendant has become more
openly hostile in her interactions with Plaintiff, and her open disdain of and refusal to follow the
custody order has increased.
35. Plaintiff fears greatly for his daughter's physical and psychological safety and
well-being while in the custody of the Defendant.
WHEREFORE. Plaintiff. RODNEY T. GOODLING, respectfully requests this
Honorable Court find the Defendant, REBECCA W. GOODLING, has been and continues to
be in contempt of the custody order and order the following:
1. Primary Physical Custody shall be immediately placed with Plaintiff.
2. School Change. The Plaintiff shall be granted the ability to change the school the
Child is enrolled in and the school shall be directed to cooperate fully in this change.
3. Counseling. Defendant shall be ordered to attend a minimum of six (6) counseling
sessions for her anger, parenting skills, and statements placing the Child in danger, fear, and
inappropriate situations.
4. Cooperation. Defendant shall cooperate in all requests to have primary physical
custody of the Child changed to Plaintiff and to have the Child's school changed.
5. Attorney's Fees Because of her willful violation of all past custody orders and
most recent the custody order of January 5, 2001, Defendant shall be directed to pay Plaintiff's
reasonable counsel fees, costs and expenses which were required for the preparation and
presentation of this petition and attendance at the conference and any hearings that may be
required.
6. Any other additional relief, which this Court deems equitable.
Respectfully submitted,
. °v
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: April 43?1. 2001
Susan Kay Ca Esquire
Counsel jnr PI inti
PA I.D. # 6499
5021 East Trindle oad, Suite 100
Mechanicsburg PA 17050
(717) 790-1930 "' "-
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
DATED: QQO/I I
Rodney T. G odling
mat
r
EXHIBIT "A"
jl
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6394
REBECCA W. GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
AND NOW, this _ J Tl day of jaduajL4 , 2001, upon consideration of the
attached Custody Conciliation Summary Report, it is r ered and directed as follows:
1. The parties shall submit themselves and their minor child to an evaluation by
Pauline Wallin, Ph. D. This shall be an independent custody evaluation. The parties
shall sign all necessary releases and authorizations for the evaluator to obtain medical
and psychological information pertaining to the parties. Cost of this evaluation shall be
paid by the parties in equal amounts.
2. A Hearing is scheduled in Court Room # of the Cumberland County
Courthouse, on the day of , 2001 at
o'clock _ m., at which time testimony shall be taken. For the purposes of the
Hearing, the Father, Rodney T. Goodling, shall be deemed to be the moving party and
shall proceed Initially with testimony. Counsel for the parties or the parties pro se shall
file with the Court and opposing counsel/party a Memorandum setting forth each party's
position on custody, a list of witnesses who are expected to testify at the Hearing, and a
summary of the anticipated testimony of each witness. These Memoranda shall be filed
at least 10 days prior to the Hearing date.
3. Pending further Order of Court, or agreement of the parties, the Father, Rodney
T. Goodling, and the Mother, Rebecca W. Goodling, shall have shared legal custody of
their minor Child, Justine Lyn Goodling, born June 6, 1991. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding her health, education and religion. Pursuant to the terms of
Pa.C.S.. § 5309, each parent shall be entitled to all records and Information pertaining
to the Child including, but not limited to, medical, dental, religious or school records, the
residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
No. 99-6394
4. The Mother and the Father shall share physical custody of the minor Child in the
following fashion:
A. Father shall have his Daughter the first, third and fifth weekends. Mother
shall have her Daughter the second weekend of each month.. The
weekends shall commence on Friday at 7:00 p.m. and continue until
Sunday at 7:00 p.m.. Sunday evenings Father shall return his Daughter
to Mother's residence at 7:00 p.m.
B. Father shall also have the option of an evening visit with his Daughter one
evening during the week. Father must provide Mother with a 48-hour
notice of his desire to exercise his option. The Paternal Grandfather will
then bring the Child to his home after school, where the Father may pick
up the Child after school. Father shall have his Daughter back to Mother's
home by 9:00 p.m. that same evening.
C. With the added weekend visitation, Father has agreed to assume the
additional responsibility of providing his Daughter with a continuing
Christian education. This does not mean that the former religious service
must be attended by the parties' Daughter every Sunday morning. This
does mean Father shall provide his Daughter with the opportunity to be
exposed to Christian teachings and educational materials every weekend
which he has custody of his Daughter.
D. In the event that there is a Monday holiday, the parent having custody of
the child for the weekend immediately prior to the Monday shall have the
option of retaining custody for that Monday, if that parent is not at work. In
the event that the parent is working on the Monday holiday, the parties
shall contact each other to arrange for the child's care, prior to arranging
for care by a third party, as is provided in Paragraph 6 of this Order.
E. In addition to the second weekend of the month, Mother shall have
physical custody when the child is not is custody of the Father.
5. Father's name, address and telephone number shall be placed on all emergency
cards, childcare documents, school documents, etc. Father shall be provided
with full access to the Child's school, medical, dental, psychological, religious
and any extracurricular activities, records and documents. Father shall be
identified as an individual with the ability to pick up his Daughter from the school,
daycare, and any other facilities or groups requiring such permission. Mother
shall take whatever steps are necessary to place Father's name on all
emergency and notification documents for the parties' Daughter.
No. 99-6394
Mother shall to consult with Father regarding the decision for the Child's
participation in any activity for which the Father would be responsible for
assisting in the transportation, attendance in which would have an effect upon
the Father's visitation time.
6. Should the Child become ill or for whatever reason not be able to attend school,
school is dismissed early, school is canceled, and/or there is a vacation day from
school, and Mother Is unable to remain at home with the Child, Father shall be
notified by Mother, at the earliest possible date or time, to enable him to provide
care for the Child in lieu of the Child being placed in daycare or going to the
Mother's office. It shall also be acceptable for the Child's Maternal Grandfather
to be notified at these times and then for him to notify Father, who can exercise
this option to take custody of the Child. At such times, Father shall return the
Child to Mother when It is reasonable to do so.
7. The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child
during any of the holidays and/or vacations from school, the Mother agrees to
notify Father, in a timely fashion, of her inability to care for the Child and Father
may then obtain the Child thus thwarting the necessity of the Child being at
daycare or being at the Mother's office. Paternal Grandfather and Paternal
Grandmother may also be used as a resource for the Child during periods when
neither Mother nor Father can provide the necessary care for their Child.
8. The parties shall alternate, annually, the following holidays: Father shall have
the even-numbered holidays in even-numbered years and Mother shall have
odd-numbered holidays in even-numbered years. Father shall have odd
numbered holidays in odd-numbered years and Mother shall have even
numbered holidays in odd numbered years. These holidays shall supercede the
regular schedule for visitation. Unless otherwise agreed, the holiday visitation
period shall begin at 8:00 a.m. and end at 8:00 p.m.. The arrangements for
transportation and exchange of the Child shall be the same as for weekend
visitation.
Holidays:
1. Easter
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving
6. New Year's Eve and New Year's Day
No. 99-6394
A. Father has Good Friday as a vacation day, therefore Father shall have
partial custody of the Child on Good Friday. Father agrees to take the
Child to church services on Good Friday.
B. The parties agree the Sunday before Christmas every year Father shall
have his Daughter in the morning and early afternoon for his special once-
a-year celebration with his family. Mother shall have her Daughter every
year in the late afternoon and early evening for her special annual church
Christmas party.
C. The parties shall alternate annually the Christmas holiday. In the odd-
numbered years Father will have the Child Christmas Eve from 5:00 p.m.
through Christmas Day at 1:00 p.m. and Mother shall have the Child from
Christmas Day at 1:00 p.m. until the day after Christmas at 1:00 PM. In
even-numbered years, Mother will have the Child Christmas Eve from
5:00 p.m. through Christmas Day at 1:00 p.m. and Father shall have the
Child from Christmas Day at 1:00 p.m. until the day after Christmas at
1:00 P.M.
D. Father shall have the Child on Father's Day and Mother shall have the
Child on Mother's Day. The time shall be the same as for other
superceding holidays, 8:00 a.m. through 8:00 p.m.
E. The Child's birthday shall be alternated annually with Father having the
Child for her birthday in the year 2001. The Child's birthday is June 6th,
this is often a school day. If the day is a school day the Father shall have
the ability to get the Child following school through 9:00 p.m. When the
Mother has the Child for her birthday, Father shall be able to have a
completed telephone call with the Child before the end of the day.
F. The first full week following the dismissal of school for the year in June
and continuing until the Sunday prior to the first day of school at the
conclusion of the summer, Father shall enjoy custody of his Daughter
weekly and on alternating weekends. Mother shall enjoy visitation with
the Child on alternating weekends. Mother shall begin her weekend of
custody by picking up the child at the Paternal Grandmother's home after
work on Friday evening and Father will pick up the child from Mother's
residence Sunday evening by 8:00 p.m.
G. Mother shall have the option of requesting two weeks of vacation and the
days necessary for the Child to attend church camp. Church camp is
presently Thursday through Sunday of a week during the summer.
No. 99.6394
Mother shall provide Father with written notice of the weeks she desires the
Child for vacation and the week the Child will be in church camp
by the first of that same year to allow each party sufficient time to make their
vacation plans.
H. When the Child is in the custody of the parent, the Child shall be provided
with the opportunity to make a minimum of 2-3 completed telephone calls
to the non-custodial parent each week. All messages from the non-
custodial parent shall be given to the Child, with the opportunity to make a
return telephone call at that time. Mother shall keep an answering
machine in use.
9. The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
10. Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in, and which is at
minimum in reasonably good condition.
11. Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their individual custodial periods with their Child such as food,
school lunches, gifts which must be purchased during that time, and other
minimal extraneous purchases.
12. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the Child is in school. Should either party desire to move a greater
distance , that party shall provide the other with a minimum of 3-months' notice
and the reason for the desired move. The parties will then discuss the proposed
move and work toward a joint decision regarding the modification of this Order.
13. The parties shall share with each other the name and address of any child
caregiver whom they have chosen to use. The parties shall be entitled to
designate persons to pick up the child from school or other activities in the event
that they determine it is appropriate to do so.
14. The party with physical custody of the Child shall keep the other party fully
fully aware and informed of any successes, difficulties, activities, emergencies,
etc., with which the Child may become involved.
15. The parties shall be free to mutually agree and to alter and/or change the terms
of this Agreement.
No. 99-6394
16. Transportation for any Friday night exchanges shall be provided by Mother. On
those occasions when Mother provides transportation at the conclusion of her
custodial period on Friday nights, Father shall provide transportation at the
conclusion of his custodial period.
17. The parents shall participate in a minimum of eight conjoint co-parenting
sessions to Improve their communications and establish a cooperative parenting
plan for the benefit of the child. Expenses associated with this counseling and
not reimbursed by the parties' medical insurance shall be shared in equal
proportions between the parties. Failure to cooperate with this paragraph shall
constitute a direct violation of this Order. The first appointment for this
counseling shall be scheduled to occur within 30 days of the date of this Order.
BY THE COURT,
rJ CL J.
?sl
Kevi A. Hess
Dist: Allen D. Smith, Esquire
Susan Kay Candieilo, Esquire
Ti ?Y rRom 11117CC V)
In Tecl . w • Am,rcof, I hart unto ca My hand
and 11-12,cal of saW Court at Carlisle, Pa.
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99.6394
CIVIL ACTION - LAW
CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Justina Lyn Goodling June 6, 1991 Mother
2. A Conciliation Conference was held on December 18, 2000, with the
following individuals in attendance: The Father, Rodney T. Goodling, and his counsel,
Susan Kay Candiello, Esquire; the Mother, Rebecca W. Goodling, with her counsel,
Allen D. Smith, Esquire.
3. The parties were seen following Father's filing an Emergency Petition for
Contempt and Special Relief in which he sought infer alia a change of primary custody
from Mother to himself. There has been one prior Custody Conciliation Conference
which resulted in an agreed upon Order of Court signed by Judge Hess on September
5, 2000. There has been no Order entered in response to the Emergency Petition for
Special Relief, rather the matter was referred to the Conciliator.
4. The parties did not agree to change primary custody to Father. Father's
position Is based on the numerous concerns regarding the child's well being: Reports
from the child that the Mother takes her to visit Mother's boyfriend, in Baltimore,
Maryland, on school nights; the child reporting that Mother has been drinking beer while
driving with the child in the car and that when stopped by police that the Mother had the
child hide the beer and lie to the police, the child expressing worry that she may be
killed as a result of Mother's drinking and driving, the child complaining that she has to
do homework in the car and is tired at school because of coming home late from
Baltimore, the child reporting that Mother throws things at her, the child expressing the
No. 99.6394
desire to live with Father, the child describing being present during Mother's sexual
activity with the boyfriend. Father reports that the school personnel made a referral to
Children and Youth based on things the child reported at school.
5. Mother's position is that she should retain primary custody. She does not
believe the telephone messages left for the child are appropriate. She admits that she
once threw a pack of crackers at the child. She denies exposing the child to sexual
activity. She admits to taking the child to Baltimore on school nights and that they arrive
at home by 11:30 p.m. or midnight when this occurs. She claims that the teacher says
the child's school work is not suffering. She states the trips occur less than three times
per month at present. She admits being stopped by police, but denies drinking and
driving.
6. Contempt: Father cites numerous instances where in he alleges Mother
has failed to comply with the present Order. Some of the instances seem to have been
the result of following a prior Order and it is hoped that corrections to the language of
the Order will resolve these problems. Other instances raise serious concerns regarding
the workability of shared legal custody and Mother's willingness to support the child's
relationship with Father through frequent and continuing contact Father. Specifically,
Mother has failed to comply with paragraph 6, subpart I, which requires regular phone
contact between Father and the child. In violation of paragraph 4, Mother has arranged
for child care to be provided by a third party rather than offering Father the opportunity
to care for the child. In violation of paragraph 8, Mother has not provided adequate
clothing for Father's periods of custody on a number of occasions. In violation of
paragraph 12, Mother failed to notify Father about a concern about which the child's
teacher had sent a note home. Mother did not inform Father of the date of the
appointment with the physician which was scheduled to address the child's ongoing
incontinence, nor did she inform him of the physician's assessment. Both parties have
attended individual counseling. However, no co-parenting counseling has begun, as is
required in paragraph 16 of the Order.
7. The parties agreed to participate in a Custody Evaluation with Dr. Pauline
Wallin. The parties also agreed to changes in the existing Order for holidays, Monday
Holidays, and clarification of legal custody language regarding Father's statutory rights
to school and educational information.
8. The Conciliator is concerned that the actions complained of in the
Contempt portion of the petition exclude Father from being informed about the child's
medical situation and functioning at school, prevent his participation in the co-parenting
of the child and subtly undermine the Father - daughter relationship. Therefore,
conjoint counseling, to include both parties, are required to assist the parties in
establishing better communication and a cooperative parenting plan. The Contempt
issues shall be addressed by the .;ourt at the time of the Custody hearing which shall
No. 99-6394
follow the Custody Evaluation. An Interim Order is attached.
?ZJ4,f ? I - U4?62
Date Melissa Peel Greevy, Esquire
Custody Conciliator
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
CERTIFICATE OF SERVICE
1, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby
certify that 1 served a true and correct copy of the foregoing Petition for Contempt, Enforcement,
and Special Relief, by first-class United States mail, to the following:
Allen Smith, Esquire
51 South Front Street
P.O. Box 7592
Steelton PA 17113
Melissa Peel Greevy, Esquire
214 Senate Avenue
Suite 104
Camp Hill PA 17011
Dated: April -L!:, 2001
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Susan Kay Ca cello Esquire
Counsel for P inrljf
PA I.D. # 6499
5021 East Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF CODIMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99.6394
: CIVIL ACTION -LAW
: CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you have willfully disobeyed an order u• .
of court for custody.
If you wish to defend against the claims set forth in the following pages, you may, but are nut
required, to file in writing with the court your dcfen.,cs or objections.
Whether or not you rile in writing with the court your defenses or objections, it is hereby directed
that the parties and their respective counsel appear before New. CWN 4- !fie u , at
cr&M V ,otrthe Zy•dayof
rb A4 2001, at u. in., for a Ilcaring on the issues of Contempt. At such conference, an effort
will be made to resolve the issues in dispute Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order.
FOR THE COURT,
J.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR
ARREST. If the court finds that you have willfully failed to comply Willi its order for custody, you may
be found in contempt of court and committed to jail, fined or both.
The Court of Common Pleas of Cumberland County is required by law to comply with the American Willi
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before llte court, please contact our office. All
arrangements must be trade at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TARE'I'HIS PAPER'1.O YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER Olt CANNOT AFFORD ONE, GO TO OR TELEPI[ONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-490.91118
eo?p j?cncauL(Cy (;!JL,) 1/r
_, dqJJ
, ??.c(tt(?
?O' I'/y mJ r -4o
fit
1
}
RODNEY T. GOODLING,
PLAINTIFF
IN TIIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, r
PENNSYLVANIA
VS.
: NO. 99.6394
REBECCA W. GOODLING, : CIVIL ACTION • LAW
DEFENDANT : CUSTODY
PETITION FOR CONTEMPT,
ENFORCEMENT, AND SPECIAL RELIEF
1. Plaintiff is RODNEY T. GOODLING (hereinafter referred to as "Father'), who
currently resides at 152 North Market Street, Mount Joy, Lancaster County, Pennsylvania,
17552.
2. Defendant is REBECCA W. GOODLING, (hereinafter referred to as "Mother"), who
currently resides at #208, 2101 Cedar Run, Camp Hill, Cumberland County, Pennsylvania,
17011.
3. The parties are the parents of one (1) child: JUSTINA LYN GOODLING, born on
June 6, 1991, and presently nine (9) years of agc.
4. Both Mother and Father are divorced. Mother has had u paramour since prior to the
party's separation, but has not remarried. Father is engaged and will be married on or before
April 30, 2001.
5. The parties' initial custody agreement was contained within their marital settlement
agreement. This agreement was very vague not providing Father with any specific times for
custody and visitation with his daughter.
6. Mother was continuously uncooperative, refusing to allow Father any periods of
custody and visitation with his daughter under the Marital Settlement Agreement.
7. As a result of Mother's continual refusal to allow Father periods of custody and
visitation with his daughter, Father filed, on or about September, 1999, a Petition to Modify
Custody seeking a more defined custody order.
8. A custody conciliation was held and a new custody order was issued, dated, January
26, 2000, with the assistance of Michael Bangs, Esquire, custody conciliator for Cumberland
County, (Please see copy of this Order attached hereto and made a part hereof at Exhibit "A")
9. Despite this Order, Mother continued willfully to disobey and violate this custody
order, resulting in substantial interference with Father's visitation and ability to enjoy a
relationship with the child.
10. Asa result of Mother's continuing and unrelenting violations of the Order dated
January 26, 2000, Father filed a Petition to Modify Custody on or about July 14, 2000. (Please
see copy of this Petition attached hereto and made a part hereof at Exhibit "B")
11. This Petition resulted in a conciliation conference with conciliator, Melissa Greevy,
which produced an Order dated September 5, 2000. (Please see copy of this Order attached
hereto and made it part hereof at Exhibit "C".)
12. As a result of Mother's continuing and unrelenting violations of the current custody
order and her questionable and unsafe actions toward and with the minor child, Father filed an
Emergency Petition for Emergency Relief and Contempt, on or about November 15, 2000,
(Please see copy of this order attached hereto and made a part hereof of Exhibit "D").
13. This Petition resulted in a Custody Order, dated January 5, 2001, arising out of
conciliation with Melissa Greevy, Esquire. (Please see attached copy of Order at Exhibit "E".)
This Order was designated an interim order to be in effect while the parties attended counseling
sessions to assist with their communication, and completed a custody evaluation with Dr. Pauline
Wallin.
14. Mother has continued relentlessly in her campaign to keep the Child from having
any relationship with her Father, through her continuous interference with Father's rights and
abilities to enjoy custody and visitation with his daughter.
15. Mother has continued to violate in complete defiance and utter disregard, the terms
of the custody order, despite whatever agreements and orders have been reached between the
parties.
16. Mother has continued to place her own individual selfish interests primary to the
minor child, involving the minor child in activities which are and were unsafe and inappropriate
physically and psychologically for the minor child.
17. Father initially believed it was in his daughter's best interest to be with her Mother,
Father has now been in fear for his daughter's physical and psychological safety since 1999 and
feels strongly it is not in his daughter's best interests to be in the Primary Physical Custody of
Mother.
18. Since2000, when the minor child, Justina Lyn Goodling, began confiding her
experiences, interactions and relationship with Mother and Mother's paramour and her growing
fears of her Mother, Father no longer believes it is in his daughter's best interests to be in the
Primary Physical Custody of Mother.
19. Pursuant to each of the parties' custody orders including the last custody order and
Custody Conciliation Summary Report, dated January 5, 2001, (a copy of which is attached
hereto and made u part hereof at Exhibit -E") the parties have always agreed to share Legal
Custody of their child. Father has always agreed Mother could have Primary Physical Custody,
with Father having Partial Physical Custody.
20. Pursuant to the Interim Order of the Court, entered on January 5, 2001, the parties
are to share legal custody of their child, in accordance with the following language.
"Each parent shall have an equal right, to be exercised jointly with the other parent, to
make all major non-emergency decisions affecting the Child's general well-being including, but
not limited to, all decisions affecting her health, education and religion. Pursuant to the terms of
Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the
Child including, but not limited to, medical, dental, religious or school records, the residence
address of the Child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of reasonable
use to the other parent."
21. Since the January 5, 2001 Interim Order of Court, Defendant has withheld
information and documents concerning the Child's school performance, homework, activities,
conferences and problems. The Defendant does this through the following actions:
a. Defendant withholds entire documents, simply refusing to
acknowledge them and give them to the Plaintiff,
b. Defendant tears pages from the Child's agenda book, which is the part
of her school notebook where the teachers write comments, work to be done,
problems, requests, to the parents, and similar items;
c. Defendant has made numerous derogatory statements to the Child's
school about the Child's Father and several requests of the school, resulting in the
school personnel either refusing to cooperate or only providing to the Plaintiff
limited information;
d. Defendant refuses to talk to the Plaintiff on the telephone, refusing to
share any additional information, or respond to Plaintiff's questions in any form,
concerning where various documents are, what activities are occurring, and other
pertinent information about the Child;
e. Defendant refuses to speak with the Plaintiff when he returns his
daughter following his periods of visitation, continuing to keep information and
documents concerning the Child from the Plaintiff;
f. Essentially, Plaintiff has no avenue of communication available to him
with the Defendant as a direct result of Defendant's actions and Defendant has,
through her actions and statements, limited the Plaintiff's ability to communicate
with the Child's school.
22. Pursuant to the January 5, 2001 Interim Order, paragraph 4.13:
"In the event that there is a Monday holiday, the parent having custody of the
Child for the weekend immediately prior to the Monday shall have the option of retaining
custody for that Monday, if that parent is not at work...."
23. Pursuant to the January 5, 2001 Interim Order, paragraph 6:
"Should the Child become ill, or for whatever reason not be able to attend school,
school is dismissed early, school is canceled,and/or there is a vacation day from school, and
Mother is unable to remain at home with the Child, Father shall be notified by Mother, at the
earliest possible date or time, to enable him to provide care for the Child in lieu of the Child
being placed in daycare or going to the Mother's office. It shall be acceptable for the Child's
Maternal Grandfather to be notified at these times and then for him to notify Father, who can
exercise this option to take custody of the Child. At such times, Father shall return the Child to
Mother when it is reasonable to do so."
24. Pursuant to the January 5, 2001, Interim Order, paragraph 7.
" The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child, during any of the
holidays and/or vacations from school, the Mother agrees to notify Father, in a timely fashion, of
her inability to care for the Child and Father may then obtain the Child thus thwarting the
necessity of the Child being at daycare or being at Mother's office. Paternal Grandfather and
Paternal Grandmother may be used as a resource for the Child during periods when neither
Mother nor Father can provide the necessary care for the Child."
25. Since the January 5, 2001, Interim Order, Defendant has succeeded in keeping the
Child from the Plaintiff on every "extra" Monday the Plaintiff might have had custody by using
one of her vacation days for each of these days.
26. The Easter holiday weekend was Mother's custodial weekend, but Father was to
have the Easter holiday with his daughter. Daughter also had Thursday, April 12, 2001 and
Monday. April 16, 2001 as vacation days from school.
27. Father requested to share the two (2) vacation days from school. Mother refused,
stating she was taking off work to be with the Child on both of those days and she would not
agree to allow Father to have either vacation day from school.
28. Mother refused to allow Father to have either vacation day. Mother did not takeoff
work. Mother took the Child to the home of the Maternal Grandparents.
29. When Father tried to locate his daughter on those vacation days from school, the
Maternal Grandparents would not answer any telephone calls from Father.
30. Mother answered Father's telephone calls to her at work, stating she was at work
and the Child was with the Maternal Grandparents, Mother laughed at Father, stating she did not
have to follow the court order, they would not do anything to her.
31. Pursuant to the January 5, 2001, Interim Order, paragraph 8.H:
"When the Child is in the custody of the parent, the Child shall be provided with
the opportunity to make a minimum of 2-3 completed telephone calls to the non-custodial parent
each week. All messages from the non-custodial parent shall be give to the Child, with the
opportunity to make a return telephone call at that time. Mother shall keep an answering
machine in use."
32. Father is the non-custodial parent. The week of April 9 through 13, 2001, the
Child told her Father she requested to telephone him, but Mother refused to allow the Child to
have any contact with the Father.
33. Although Father made numerous telephone calls through out Saturday, April 14,
Sunday, April 15 and Monday, April 16, Father was not able to complete any telephone calls to
his daughter.
34. Pursuant to the January 5, 2001 Interim Order, paragraph 8:
" The parties shall alternate, annually, the following holidays: Father shall have the even-
numbered holidays in the even-numbered years and Mother shall have the odd- numbered
holidays in the even-numbered years. Father shall have the odd-numbered holidays in the odd-
numbered years and Mother shall have the even-numbered holidays in the odd-numbered years.
These holidays shall superccde the regular schedule for visitation. Unless otherwise agreed, the
holiday visitation shall begin at 8:00 a.m. and end at 8:00 p.m. The arrangements for
transportation and exchange of the Child shall be the same as for the weekend visitation.
Holidays:
1. Easter 4. Labor Day
2. Memorial Day 5. Thanksgiving Day
3. Independence Day 6. New Year's Eve and New Year's Day"
35. Father last had his daughter on Good Friday, when Mother came to Father's home to
retrieve the Child, she would not speak to Father and tried to run Father down as he stood in the
driveway and tried to communicate with her about the upcoming holiday.
36. Mother stated to Father she would not allow him to have his daughter on the Easter
holiday. Father went to church Easter Sunday morning to request to have his daughter for the
Easter holiday. Mother told Father to leave her church. Mother and her relatives positioned their
bodies so that Father could not even sec his daughter's face. Father left the church without
creating any difficulties.
37. This Easter holiday was particularly important since Father has never has his
daughter for Easter for any of her nine (9) year.
38. Mother has continuously made degrading and derogatory statements and lies about
Father to the Child as she attempts to convince the Child her Father is bad and she should not
want to be with her Father.
39. Mother has continuously made statements to the Child to create guilt and fear in the
Child if the Child were to be with her rather.
40. Because of Mother's inconsistent and defiant actions and statements, Father is very
concerned for the mental stability of Mother and her limited support from family and friends.
41. Mother states she is very religious and places her church above most other things in
her life. As a result, Father contacted Mother's minister to share these problems with soliciting
the assistance and support of Mother's minister for her.
42. Plaintiff fears greatly for his daughter's physical and psychological safety and
well-being while in the custody of the Defendant and fervently believes it is in his daughter's
best interest for her to be placed in Father's Primary Physical Custody.
43. Dr. Wallin's custody evaluation became available April 17, 2001. 77re evaluation
recommends primary physical be changed to Father. (A copy of Dr. Wallin's Custody
Evaluation Report is attached hereto and made a part hereof tit Exhibit "F".)
WHEREFORE, Plaintiff, RODNEY T. GOODLING, respectfully requests this
Honorable Court find the Defendant, REBECCA W. GOODLING, has been and continues to
be in contempt of the custody order and order the following:
1. Defendant Willfully Violated the Custody Order of January 5, 2001.
2. Future Willful Violation of Custody Order of January 5, 2001. Should Defendant
knowingly and willfully violate any requirement for Plaintiff's custody and visitation of the
A
parties' minor child JUSTINA LYN GOODLINGS, as contained in the custody order dated
January 5, 2001, Plaintiff shall immediately forfeit Primary Physical Custody of the parties'
minor child, JUSTINA LYN GOODLING, and Defendant shall be awarded Primary Physical
Custody of the minor child.
3. Attorney's Fees. Because of her willful violation of the custody order of January 5,
2001, Defendant shall be directed to pay Plaintiff's reasonable counsel fees, costs and expenses
which were required for the preparation and presentation of this petition and attendance at the
conference and any hearings that may be required.
4. Any other additional relief, which this Court deems equitable.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: April L, 2001
5021 East Trindle Road, Suite 100
Mechanicsburg PA 17050
(717)796.1930
RODNEY T. GOODLING,
PLAINTIFF
vs.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6394
: ACTION FOR CUSTODY
ACCEPTANCE OF SERVICE
I, Allen D. Smith, Esquire, counsel for the Defendant in the above-captioned custody
matter, accept service of the Emergency Petition for Contempt and Special Relief and certify that
I am authorized to do so.
14k 2
Allen D. mith, quire
51 South Front Street
P.O. Box 7592
Harrisburg PA 17113
(717) 939-1891
DATED: / I Z- 8 Z a
q
y
-
i=:
L
i ? LJ ?U fl
O
d
OOOI S 0 : 30
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99.6394
: CIVIL ACTION - LAW
: CUSTODY
1, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby
certify that I served a true and correct copy of the Petition for Contempt, Enforcement, and
Special Relief, filed with the Prothonotary for Cumberland County on April 17, 2001, by
first-class United States mail, to the following:
Allen Smith, Esquire
51 South Front Street
P.O. Box 7592
Steelton PA 17113
Melissa Peel Greevy, Esquire
214 Senate Avenue
Suite 104
Camp Hill PA 17011
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: April 1-7 .2001
Susan Kay Candie o, ' ire
Cannel jor Plaint
PA I.D. # 64998
5021 East Tdndle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
a.
e ? ?r
A
? 4
?a
S`
y
N
x
v
w
a
a
g
0 PC
w
44
.44
.4j
w
z ro S i
U z Ha ac W
D4 z a to ? 044 a E
c 4) m
°u
H U Oa u
C n ¢
a c t7 k rc
z b 3 ` '
U H a
W
x W m U
E G
S 6
1
1
° °
H z a a . .
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
TO THE CLERK OF COURT:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
PRAECIPE
Please enter my appearance on behalf of the Defendant, Rebecca W.
Goodling, in the above captioned matter.
Respectfully submitted,
BY
Harrisburg, Pa. 17101
(717) 232-9724
I.D. No. 71873
Date: .f//710
1017 N. Front Street
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
TO THE CLERK OF COURT:
IN THE COURT Or COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
PRAECIPE
Please enter my appearance on behalf of the Defendant, Rebecca W.
Goodling, in the above captioned matter.
Respectfully submitted,
13Y: t //
Diane M. Rupiclf, Esquire
1017 N. Front Street
Harrisburg, Pa. 17101
(717) 232-9724
I.D. No. 71873
Date:
r cam.
.y,, •rn
r,- i
.
- s
t!-
t:.
c 3
?
RODNEY T. GOODLING IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
REBECCA W. GOODLING 99-6394 CIVIL ACTION LAW
DEFENDANT IN CUSTODY
AND NOW, this 201h day of July , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear bcforcNIellssa P. Creevy, Esq. , the conciliator,
at_ 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 14th day of August , 2000, at 11:00 A A1
for a Pre-Hcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR TIM COURT,
By: /s/ Melissa
Custody ConcilintorA,
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATI'ORNGY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249.3166
aor
RODNEY T. GOODLING, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-6394
REBECCA W. GOODLING, : ACTION FOR CUSTODY
DEFENDANT
ORDER
AND NOW, this day of , 2000, upon consideration of the
attached motion, it is hereby directed that the parties and their respective counsel appear before
the conciliator, at
on the day of
2000, at _o'clock _.m., for the Pre-Hearing Custody Conference. At such conference, an
effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define
and narrow the issues to be heard by the court, and to enter into a temporary order. All children
age five or older shall also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR TI IE COURT,
BY:
Custody Conciliator
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact the
Court Administrator at (717) 240-6200. All arrangements must be made at least 72 hours prior to
any hearing or business before the court. You must attend the scheduled conference or hearing.
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6394
: ACTION FOR CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle PA 17013
(717) 240-6200
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6394
ACTION FOR CUSTODY
COMPLAINT FOR CUSTODY MODIFICATION
1. The Plaintiffis RODNEY 1'. GOODLING, who currently resides at
115 Harrisburg Avenue, P O. Box 52, Rhecros, Lancaster County, Pennsylvania 17570.
2. The Defendant is RIiBECCA W. GOODLING, who currently resides at 2101
Cedar Run Road, Camp I fill, Cumberland County, Pennsylvania 17011.
3. Plaintilf seeks Shared Legal and Primary Physical Custody of the following child:
NAUR Present Residence Date of Birth
Justine Lyn Goodling 2101 Cedar Run Road June 6, 1991
Camp Hill, PA 17011
4. The child was born in wedlock.
5. The child is presently in the primary custody of the Defendant, REBECCA W.
GOOD LING, who resides at 2101 Cedar Run Road, Camp Hill, Cumberland County, Pennsylvania
17011.
6. Since the child's birth, the child has resided with the following persons at the
following addresses:
NAM W Address Dates
Plaintill'and Defendani 115 Harrisburg Avenue June 6, 1991 -
Rhecros, PA 17507 June 26, 1996
Name(s) Address Dates
Defendant 2101 Cedar Run Road June 26, 1996 -
Camp Hill, PA 17011 Present
7. The mother of the child is the Defendant, REBECCA W. DOODLING, currently
residing at 2101 Cedar Run Road, Camp Hill, Cumberland County, Pennsylvania 17011. She is
single.
8. The father of the child is the Plaintiff, RODNEY T. GOODLING, currently
residing at 115 Harrisburg Avenue, P. 0. Box 52, Rheems, Lancaster County, Pennsylvania 17057.
He is single.
9. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff
currently resides with the following persons: self.
10. The relationship of the Defendant to the child is that of natural mother. The
Defendant currently resides with the following persons:
Name Relationship
Justina Lyn Goodling Daughter
11. Plaintiff has participated as a party in litigation concerning the custody of the child
in this court. A copy of the January 26, 2000 custody Order is attached hereto and made a part
hereof as Exhibit "A".
12. Plaintiff has no information ofany additional custody proceeding concerning the child
pending in a court of this Commonwealth.
13. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the child.
14 The best interest and permanent welfare of the child will be served by granting the
relief requested because:
(a) Since the child's birth, the Plaintiff has been an active participant in the child's life
and desires to continue to be a significant part of his daughter's life;
(b) Plaintiff is able to provide proper care and supervision for the child and has done
so for her entire life;
(c) Plaintifl'is able to provide a loving environment for the child and has done so for
her entire life;
(d) Plainti0'is able to provide a safe, proper physical environment for the child and has
done so ror her entire life;
(e) Plaintiff believes it is in the best interest of the child to have a meaningful and
ongoing relationship with kglh parents;
(f) Defendant has disregarded the terms of the custody order since the order was first
entered as an order;
(g) Defendant's actions suggest she does not believe she must follow the custody
order, but can independently change the terms of visitation without contacting the Plaintiff,
(h) Defendant does not demonstrate any concern for the child's feelings and requests
to enjoy visitation with the Plaintiff, when violating the terms of the present custody order;
(i) Defendant continues to visit with her paramour, placing the child in an unsafe and
inappropriate environment;
(j) Defendant has repeatedly demonstrated she will take every opportunity to prevent
visitation and interaction with the Plaintiff and his daughter;
(k) Defendant has continuously placed her own selfish concerns and interests ahead
of those of the child.
15. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff, RODNEY T. GOODLING, requests this Honorable Court to:
(a) award Plaintiff Shared Legal Custody of the minor child, JUSTINA LYN
GOODLING;
(b) award Plaintiff Primary Physical Custody of the minor child, JUSTINA LYN
GOODLING;
(c) award Defendant Partial Physical Custody of the minor child, JUSTINA LYN
GOODLING.
Respectfully submitted,
GATES & ASSOCIATES, P.C.
Dated: 2000
o Susan Kay C i o, Esquire
Corrnse! jor I aln fj
PA I.D. # 649
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made subject
to the penalties of 18 Pa. C.S.A. §4904 relating to unswonr falsification to authorities.
DATED: , 2000
Rodney T. Goo 9
EXHIBIT "A"
r
RODNEY T. GOODLING, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
• ) PENNSYLVANIA
VS. )
NO. 99-6394 CIVIL TERM
REBECCA W. GOODLING, )
Defendant ) CIVIL ACTION - LAW
ORDER
AND NOW, this 9) +h day of , 2000, upon receipt of the
Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them and their counsel, it is hereby
ordered and directed as follows:
1. The parties shall share legal custody of their minor child, Justina Lynn,
d.o.b. June 6, 1991.
2. During the school year, Mother shall have primary physical custody of
the minor child subject to periods of partial custody and visitation with Father as
follows:
A. On a schedule that includes the first, third, and fifth Saturdays, if
there is a fifth Saturday of every month. This period of time shall include
the preceding Friday and shall commence on Friday at 7:00 p.m. and end
on Sunday at 7:00 p.m. The parties shall share the transportation such that
Mother shall drop the child off at the paternal grandmother's residence no
later than 7:00 p.m. on Friday to begin this period of partial custody and
Father shall drop the child off at Mother's residence no later than 7:00
p.m. on Sunday.
3. During the summer months, Father shall have primary physical custody
of the minor child subject to periods of partial custody and visitation with Mother
as follows:
A. Mother shall have two full weeks in July and one full week in
August. Additionally, she shall have alternating weekends from Friday at
7:00 p.m. until Sunday at 7:00 p.m. During the summer months the
parties shall share the transportation such that Mother shall pick up the
child at the paternal grandmother's residence no later than 7:00 p.m. on
Friday and Father shall pick up the child at Mother's residence no later
than 7:00 p.m. on Sunday. This summer schedule shall commence with
the first full week of the summer after the child is released from school
and shall end the last full week of the summer before the child is to return
to school. Mother shall notify Father no later than April l" of each year as
to the weeks in which she intends to exercise her periods of exclusive
custody.
4. The parties shall share the following holidays which are divided into
two groups:
A. Group A: New Year's Eve and Day; Memorial bay; and Labor
Day.
B. Group B: Easter; Independence Day; and Thanksgiving.
Mother shall have Group A in the year 2000 and all even years thereafter and
Group B in 2001 and all odd years thereafter. Father shall have Group A in 2001
and all odd years thereafter and Group B in 2000 and all even years thereafter.
5. The Christmas holiday shall be broken into two segments. Segment A
shall be from December 24'h at 1:00 p.m. until Christmas Day at 1:00 p.m.;
Segment B shall be from Christmas Day at 1:00 p.m. until December 26a' at 1:00
p.m. Mother shall have Segment A in 2000 and all even years thereafter and
Segment B in 2001 and all odd years thereafter. Father shall have Segment A in
2001 and all odd years thereafter and Segment B in 2000 and all even years
thereafter.
6. Mother shall have the child for Mother's Day and Father shall have the
child for Father's Day. These periods of partial custody and visitation shall be
from 8:00 a.m. until 8:00 p.m.
7. Transportation for the holiday periods, the Christmas period, and the
Mother's and Father's Day periods shall be shared such that the party who is
entitled to custody on those particular days shall pick up the child and the other
party shall be responsible to pick up the child to end those periods of partial
custody.
8. The parties agree that should the child have extended days off from
school for school holidays, the parties shall share those times as agreed upon, and
the transportation shall be agreed upon.
9. Such other times as the parties may agree.
BY THE COURT,
/S/J ? ,mj
Allen D. Smith, Esquire
Susan K. Candiello, Esquire
mlb
TRUE MIY °R^!1 21'.f'^RD
In %stiracny ccf, 111'.rn unto ra rty hand
and the seal of said Court - Carlisle, Pa.
This .. 2. ?.,.... ?Sy f.
rothonotary
to
RODNEY T. GOODLING, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. )
NO. 99-6394 CIVIL TERM
REBECCA W. GOODLING, )
Defendant ) CIVIL ACTION - LAW
JUDGE PREVIOUSLY ASSIGNED: None
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3.8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(are) the subject of this
litigation is as follows:
NAME BIRTHDATE CURRENTLY IN
CUSTODY OF
Justina Lynn Goodling June 6, 1991
2. A Conciliation Conference was held on January 13, 2000, and the following
individuals were present: the Plaintiff and his attorney, Susan K. Candiello, Esquire; the
Defendant and her attorney, Allen D. Smith, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child(ren): Neither party requested.
8. Need for independent psychological evaluation or coun
li
s e
ng: None requ.
Conciliator does not believe any is necessa
ry.
Date: January 20, 2000 I
M ichael L. Bangs
Custody Conciliator
'I
I
C
i I
^r
cis
_,.
,:
?'.
?? .
i' ?.
_
'? .w
F .
'u?r ??.f
c.?
r
??.
?
we j
a?' : ?
.i ?,
J
? - I ),?y??
''
???T
. }
..
'
ft.?
L ?
. T
q7
,err
.
{L ?- I??il ? s
{
tr. ?_, f Vii.
t - i
;.
lt. ? .
i jy
_ I?.n
+r
??,
z
- - 5`<
p?,
?,`
yr,'F
:^
}
`
?
..
'.lH
?4 V'l;
i.ti
?.
vu?'
R
i 6 ?,
.' ?>
,?
} ??
t ??
- y..
:?:- ?C
c-:
N w
?.
3
t
r
p
?Qs6>
}E
a
w?a??.
a j
S`
$w
v
ti
,?. ..
:.. .
l
JAN ' 1 't000 \
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6394 CIVIL TERM
CIVIL ACTION - LAW
ORDER
AND NOW, this 7.6 " day of 4Q-A , 2000, upon receipt of the
Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them and their counsel, it is hereby
ordered and directed as follows:
1. The parties shall share legal custody of their minor child, Justina Lynn,
d.o.b. June 6, 1991.
2. During the school year, Mother shall have primary physical custody of
the minor child subject to periods of partial custody and visitation with Father as
follows:
A. On a schedule that includes the first, third, and fifth Saturdays, if
there is a fifth Saturday of every month. This period of time shall include
the preceding Friday and shall commence on Friday at 7:00 p.m. and end
on Sunday at 7:00 p.m. The parties shall share the transportation such that
Mother shall drop the child off at the paternal grandmother's residence no
later than 7:00 p.m. on Friday to begin this period of partial custody and
hY• }
OF
OO RV 121 Ar, a: n7
CUN"c!;f:u;D+u GUUMY
pa4NISYLVAINIA
f.
Father shall drop the child off at Mother's residence no later than 7:00
p.m. on Sunday.
3. During the summer months, Father shall have primary physical custody
of the minor child subject to periods of partial custody and visitation with Mother
as follows:
A. Mother shall have two full weeks in July and one full week in
August. Additionally, she shall have alternating weekends from Friday at
7:00 p.m. until Sunday at 7:00 p.m. During the summer months the
parties shall share the transportation such that Mother shall pick up the
child at the paternal grandmother's residence no later than 7:00 p.m. on
Friday and Father shall pick up the child at Mother's residence no later
than 7:00 p.m. on Sunday. This summer schedule shall commence with
the first full week of the summer after the child is released from school
and shall end the last full week of the summer before the child is to return
to school. Mother shall notify Father no later than April I" of each year as
to the weeks in which she intends to exercise her periods of exclusive
custody.
4. The parties shall share the following holidays which are divided into
two groups:
A. Group A: New Year's Eve and Day; Memorial Day; and Labor
Day.
B. Group B: Easter; Independence Day; and Thanksgiving.
Mother shall have Group A in the year 2000 and all even years thereafter and
Group B in 2001 and all odd years thereafter. Father shall have Group A in 2001
and all odd years thereafter and Group B in 2000 and all even years thereafter.
5. The Christmas holiday shall be broken into two segments. Segment A
shall be from December 24'^ at 1:00 p.m. until Christmas Day at 1:00 p.m.;
Segment B shall be from Christmas Day at 1:00 p.m. until December 26'h at 1:00
p.m. Mother shall have Segment A in 2000 and all even years thereafter and
Segment B in 2001 and all odd years thereafter. Father shall have Segment A in
2001 and all odd years thereafter and Segment B in 2000 and all even years
thereafter.
6. Mother shall have the child for Mother's Day and Father shall have the
`
tlir
child for Father's Day. These periods of partial custody and visitation shall be
from 8:00 a.m. until 8:00 p.m.
7. Transportation for the holiday periods, the Christmas period, and the
itt Ns?
Mother's and Father's Day periods shall be shared such that the party who is
'rt
?t
entitled to custody on those particular days shall pick up the child and the other
party shall be responsible to pick up the child to end those periods of partial
custody.
7
8. The parties agree that should the child have extended days off from
school for school holidays, the parties shall share those times as agreed upon, and
the transportation shall be agreed upon.
9. Such other times as the parties may agree.
BY THE COURT,
Allen D. Smith, Esquire
Susan K. Candiello, Esquire
mlb
a7-00
RiS3
f
RODNEY T. GOODLING, ) IN TIIE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. )
NO. 99-6394 CIVIL TERM
REBECCA W. GOODLING, )
Defendant ) CIVIL ACTION - LAW
JUDGE PREVIOUSLY ASSIGNED: None
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(arc) the subject of this
litigation is as follows:
NAME BIRTHDATE CURRENTLY 1N
CUSTODY OF
Justina Lynn Goodling June 6, 1991
2. A Conciliation Conference was held on January 13, 2000, and the following
individuals were present: the Plaintiff and his attorney, Susan K. Candiello, Esquire; the
Defendant and her attorney, Allen D. Smith, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiffs position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child(ren): Neither party requested.
8. Need for independent psychological evaluation or counseling: None requested and the
Conciliator does not believe any is necessary.
Date: January 20, 2000 VI/ ? 2
Michael L. Bangs
Custody Conciliator
DFF
RODNEY T. GOODLING, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
YS. : NO. qq - UNIA c
ut2.Q TL'1(n
REBECCA W. GOODLING, : ACTION FOR CUSTODY
DEFENDANT
ORDER OF COURT
You, REBECCA W. GOODLING, Defendant, have been sued in court to obtain custody, partial custody,
or visitation of the following child: JUSTINA LYN GOODLIN, born 06/06/91.
All parties and their respective counsel arc ordered to appear in person before
_'`` r' the conciliator, at 061 l axon the Ll day of
1(1(11 U, at _A0 o'clock q.m., for the pre-Hearing Custody Conference. At such
conference, an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and
narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older shall
also be present at the conference, unless otherwise specified.
If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be
entered against you or the court may issue a warrant for your arrest.
FOR TI IEE COURT. Q
Dated: Qs?-)?- Q 1999 By: I Ill6 [ V(Y ? j 1 `I(UI y?
Custody Coned ator ?Q- onp
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TIIE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Courthouse
Office of the Court Administrator
Fourth Floor
Carlisle, PA 17013
(717) 240-6200
AAIERIC ANS II'1Tll 11L1'ARII.ITIF..1 AC'T OF 1990
The Churl n?C'orrmnan I'lenv ul C'ranherlnnd i'umnly rs required In- /rnr t(o c4jmp/1• orate the :Interrcans a 01r Di.sabdiliex Act
r f 1990. I•iir infnrnalmn about a((ts%mhle firnhne., and r•awnable acrmmnue/ammm avadable tit drrahled individuals
hin,ing husinesx before the court, please contact nor (office.. tit orr•nncements nnr.,r he made at It-am 7: houee prior to any
hearing or husinevv hr f ere the court. )'rill mu.,[ anent / them betided cnnference or hearing.
BLED-OFFCE
OF T,^ rnn,.m
MAily
99 OCT 22 PH 3: a2
CU!1 fiu : o CC)ul%gy
PENNSYLVrNl,1
io OY
:t
1?,va
4
?e
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. CA-U3QLl Cd"TQArn
ACTION FOR CUSTODY
COMPLAINT FOR CUSTODY
I. The PlaintifTis RODNEY T. GOODLING, who currently resides at
115 Harrisburg Avenue, P. 0. Box 52, Rheems, Lancaster County, Pennsylvania 17507.
2. The Defendant is REBECCA W. GOODLING, who currently resides at 2101
Cedar Run Road, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Plaintiff seeks shared legal and partial custody of the following child:
Name Present Residence Date of Birth
Justina Lyn Goodling 2101 Cedar Run Road June 6, 1991
Camp Hill, PA 17011
4. The child was born out of wedlock.
5. The child is presently in the primary custody of the Defendant, REBECCA W.
GOODLING, who resides at 2101 Cedar Run Road, Camp Hill, Cumberland County,
Pennsylvania 17011.
6. Since the child's birth, the child has resided with the following persons at the
following addresses:
me s Address Dates
Plaintiff and Defendant 115 Harrisburg Avenue June 6, 1991 -
Rheems, PA 17507 June 26, 1996
Defendant
2101 Cedar Run Road June 26, 1996 -
Camp Ifill, PA 17011 Present
7. The mother of the child is the Defendant, REBECCA W. GOODLING, currently
residing at 2101 Cedar Run Road, Camp hill, Cumberland County, Pennsylvania 17011.
She is single.
8. The father of the child is the Plaintiff,, RODNEY T. GOODLING, currently
residing at 115 Harrisburg Avenue, P. 0. Box 52, Rheems, Lancaster County, Pennsylvania
17057.
He is single.
9. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff
currently resides with the following persons: self.
10. The relationship of the Defendant to the child is that of natural mother. The
Defendant currently resides with the following persons:
Name Relationship
Justina Lyn Goodling Daughter
11. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
12. Plaintiff has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth.
13. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
14, The best interest and permanent welfare of the child will be served by granting the
relief requested because:
(a) Since the child's birth, the Plaintiff has been an active participant in the child's
life;
(b) Plaintiff is able to provide proper care and supervision for the child and has
done so for her entire life;
(c) Plaintiff is able to provide a loving environment for the child and has done so
for her entire life;
(d) Plaintiff is able to provide a safe, proper physical environment for the child and
has done so for her entire life; and
(e) Plaintiff believes it is in the best interest of the child to have a meaningful and
ongoing relationship with both parents.
15. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff, RODNEY T. GOODLING, requests this Honorable Court:
(a) award Plaintiff shared legal custody of the minor child, JUSTINA LYN
GOODLING;
(b) award Plaintiff partial physical custody of the minor child, JUSTINA LYN
GOODLING;
(c) award Defendant primary physical custody of the minor child, JUSTINA LYN
GOODLING.
Respectfully submitted,
GATES & ASSOCI TES, P.C.
Susan Kay ndiell squire'
Counsel for l'lalnllff
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
?L
1J
)%4A
5y^x
VERIFICATION
It RODNEY T. GOODLING, verify I am the Plaintiff in the
foregoing action, that the attached Complaint for Custody is
based upon information that is true and correct to the best of my
knowledge, information and belief.
I understand that I am subject to the penalties of 18 Pa.
C.B. section 9909 relating to unsworn falsification to
authorities for any false statements that I have made in the
foregoing Complaint.
DATE:, 1999
RODNEY ' GOODLING
5
Ift
JAN n 4,?(1f11
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6394
REBECCA W. GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
AND NOW, this _5'4 day of eg?.) A24 , 2001, upon consideration of the
attached Custody Conciliation Summary Report, it is 6rdered and directed as follows:
1. The parties shall submit themselves and their minor child to an evaluation by
Pauline Wallin, Ph. D. This shall be an independent custody evaluation. The parties
shall sign all necessary releases and authorizations for the evaluator to obtain medical
and psychological information pertaining to the parties. Cost of this evaluation shall be
paid by the parties in equal amounts.
2. A Hearing is scheduled in Court Room # of the Cumberland County
Courthouse, on the day of , 2001 at
o'clock m., at which time testimony shall be taken. For the purposes of the
Hearing_, the Father, Rodney T. Goodling, shall be deemed to be the moving party and
shall proceed initially with testimony. Counsel for the parties or the parties pro se shall
file with the Court and opposing counsel/party a Memorandum setting forth each party's
position on custody, a list of witnesses who are expected to testify at the Hearing, and a
summary of the anticipated testimony of each witness. These Memoranda shall be filed
at least 10 days prior to the Hearing date.
3. Pending further Order of Court, or agreement of the parties, the Father, Rodney
T. Goodling, and the Mother, Rebecca W. Goodling, shall have shared legal custody of
their minor Child, Justina Lyn Goodling, born June 6, 1991. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding her health, education and religion. Pursuant to the terms of
Pa.C.S.. § 5309, each parent shall be entitled to all records and information pertaining
to the Child including, but not limited to, medical, dental, religious or school records, the
residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
f' CiVi Yu,? %VA,
r
No. 99-6394
4. The Mother and the Father shall share physical custody of the minor Child in the
following fashion:
A. Father shall have his Daughter the first, third and fifth weekends. Mother
shall have her Daughter the second weekend of each month. The
weekends shall commence on Friday at 7:00 p.m. and continue until
Sunday at 7:00 p.m.. Sunday evenings Father shall return his Daughter
to Mother's residence at 7:00 p.m.
B. Father shall also have the option of an evening visit with his Daughter one
evening during the week. Father must provide Mother with a 48-hour
notice of his desire to exercise his option. The Paternal Grandfather will
then bring the Child to his home after school, where the Father may pick
up the Child after school. Father shall have his Daughter back to Mother's
home by 9:00 p.m. that same evening.
C. With the added weekend visitation, Father has agreed to assume the
additional responsibility of providing his Daughter with a continuing
Christian education. This does not mean that the former religious service
must be attended by the parties' Daughter every Sunday morning. This
does mean Father shall provide his Daughter with the opportunity to be
exposed to Christian teachings and educational materials every weekend
which he has custody of his Daughter.
D. In the event that there is a Monday holiday, the parent having custody of
the child for the weekend immediately prior to the Monday shall have the
option of retaining custody for that Monday, if that parent is not at work. In
the event that the parent is working on the Monday holiday, the parties
shall contact each other to arrange for the child's care, prior to arranging
for care by a third party, as is provided in Paragraph 6 of this Order.
E. In addition to the second weekend of the month, Mother shall have
physical custody when the child is not is custody of the Father.
5. Father's name, address and telephone number shall be placed on all emergency
cards, childcare documents, school documents, etc. Father shall be provided
with full access to the Child's school, medical, dental, psychological, religious
and any extracurricular activities, records and documents. Father shall be
identified as an individual with the ability to pick up his Daughter from the school,
daycare, and any other facilities or groups requiring such permission. Mother
shall take whatever steps are necessary to place Father's name on all
emergency and notification documents for the parties' Daughter.
No. 99-6394
Mother shall to consult with Father regarding the decision for the Child's
participation in any activity for which the Father would be responsible for
assisting in the transportation, attendance in which would have an effect upon
the Father's visitation time.
6. Should the Child become ill or for whatever reason not be able to attend school,
school is dismissed early, school is canceled, and/or there is a vacation day from
school, and Mother is unable to remain at home with the Child, Father shall be
notified by Mother, at the earliest possible date or time, to enable him to provide
care for the Child in lieu of the Child being placed in daycare or going to the
Mother's office. It shall also be acceptable for the Child's Maternal Grandfather
to be notified at these times and then for him to notify Father, who can exercise
this option to take custody of the Child. At such times, Father shall return the
Child to Mother when it is reasonable to do so.
7. The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child
during any of the holidays and/or vacations from school, the Mother agrees to
notify Father, in a timely fashion, of her inability to care for the Child and Father
may then obtain the Child thus thwarting the necessity of the Child being at
daycare or being at the Mother's office. Paternal Grandfather and Paternal
Grandmother may also be used as a resource for the Child during periods when
neither Mother nor Father can provide the necessary care for their Child.
8. The parties shall alternate, annually, the following holidays: Father shall have
the even-numbered holidays in even-numbered years and Mother shall have
odd-numbered holidays in even-numbered years. Father shall have odd
numbered holidays in odd-numbered years and Mother shall have even
numbered holidays in odd numbered years. These holidays shall supercede the
regular schedule for visitation. Unless otherwise agreed, the holiday visitation
period shall begin at 8:00 a.m. and end at 8:00 p.m.. The arrangements for
transportation and exchange of the Child shall be the same as for weekend
visitation.
Holidays:
1. Easter
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving
6. New Year's Eve and New Year's Day
No. 99-6394
A. Father has Good Friday as a vacation day, therefore Father shall have
partial custody of the Child on Good Friday. Father agrees to take the
Child to church services on Good Friday.
B. The parties agree the Sunday before Christmas every year Father shall
have his Daughter in the morning and early afternoon for his special once-
a-year celebration with his family. Mother shall have her Daughter every
year in the latoaftern? nd early evening for her special annual church
Christmas party.
C. The parties.shall alternate annually the Christmas holiday. In the odd-
numbered'years Father will have the Child Christmas Eve from 5:00 p.m.
through Christmas Day at 1:00 p.m. and Mother shall have the Child from
Christmas Day at 1:00 p,m. until the day after Christmas at 1:00 PM. In
even-numbered years, Mother will have the Child Christmas Eve from
5:00 p.m. through Christmas Day at 1:00 p.m, and Father shall have the
Child from Christmas Day at 1:00 p.m. until the day after Christmas at
1:00 P.M.
D. Father shall have the Child on Father's Day and Mother shall have the
Child on Mother's Day. The time shall be the same as for other
superceding holidays, 8:00 a.m. through 8:00 p.m.
E. The Child's birthday shall be alternated annually with Father having the
Child for her birthday in the year 2001. The Child's birthday is June 6th,
this is often a school day. If the day is a school day the Father shall have
the ability to get the Child following school through 9:00 p.m. When the
Mother has the Child for her birthday, Father shall be able to have a
completed telephone call with the Child before the end of the day.
F. The first full week following the dismissal of school for the year in June
and continuing until the Sunday prior to the first day of school at the
conclusion of the summer, Father shall enjoy custody of his Daughter
weekly and on alternating weekends. Mother shall enjoy visitation with
the Child on alternating weekends. Mother shall begin her weekend of
custody by picking up the child at the Paternal Grandmother's home after
work on Friday evening and Father will pick up the child from Mother's
residence Sunday evening by 8:00 p.m.
G. Mother shall have the option of requesting two weeks of vacation and the
days necessary for the Child to attend church camp. Church camp is
presently Thursday through Sunday of a week during the summer.
No. 99-6394
Mother shall provide Father with written notice of the weeks she desires the
Child for vacation and the week the Child will be in church camp
by the first of that same year to allow each party sufficient time to make their
vacation plans.
H. When the Child is in the custody of the parent, the Child shall be provided
with the opportunity to make a minimum of 2-3 completed telephone calls
to the non-custodial parent each week. All messages from the non-
custodial parent shall be given to the Child, with the opportunity to make a
return telephone call at that time. Mother shall keep an answering
machine in use.
9. The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
10. Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in, and which is at
minimum in reasonably good condition.
11. Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their individual custodial periods with their Child such as food,
school lunches, gifts which must be purchased during that time, and other
minimal extraneous purchases.
12. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the Child is in school. Should either party desire to move a greater
distance , that party shall provide the other with a minimum of 3-months' notice
and the reason for the desired move. The parties will then discuss the proposed
move and work toward a joint decision regarding the modification of this Order.
13. The parties shall share with each other the name and address of any child
caregiver whom they have chosen to use. The parties shall be entitled to
designate persons to pick up the child from school or other activities in the event
that they determine it is appropriate to do so.
14. The party with physical custody of the Child shall keep the other party fully
fully aware and informed of any successes, difficulties, activities, emergencies,
etc., with which the Child may become involved.
15. The parties shall be free to mutually agree and to alter and/or change the terms
of this Agreement.
No. 99-6394
16, Transportation for any Friday night exchanges shall be provided by Mother. On
those occasions when Mother provides transportation at the conclusion of her
custodial period on Friday nights, Father shall provide transportation at the
conclusion of his custodial period.
17. The parents shall participate in a minimum of eight conjoint co-parenting
sessions to improve their communications and establish a cooperative parenting
plan for the benefit of the child. Expenses associated with this counseling and
not reimbursed by the parties' medical insurance shall be shared in equal
proportions between the parties. Failure to cooperate with this paragraph shall
constitute a direct violation of this Order. The first appointment for this
counseling shall be scheduled to occur within 30 days of the date of this Order.
BY THE COURT,
Dist: Allen D. Smith, Esquire
Susan Kay Candiello, Esquire
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS M
OF i
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
i
VS. NO. 99-6394
REBECCA W. GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Justina Lyn Goodling June 6, 1991
Mother
2. A Conciliation Conference was held on December 18, 2000, with the
following individuals in attendance: The Father, Rodney T. Goodling, and his counsel,
Susan Kay Candiello, Esquire; the Mother, Rebecca W. Goodling, with her counsel,
Allen D. Smith, Esquire.
3. The parties were seen following Father's filing an Emergency Petition for
Contempt and Special Relief in which he sought infer alia a change of primary custody
from Mother to himself. There has been one prior Custody Conciliation Conference
which resulted in an agreed upon Order of Court signed by Judge Hess on September
5, 2000. There has been no Order entered in response to the Emergency Petition for
Special Relief, rather the matter was referred to the Conciliator.
4. The parties did not agree to change primary custody to Father. Father's f ",.
position is based on the numerous concerns regarding the child's well being: Reports
from the child that the Mother takes her to visit Mother's boyfriend, in Baltimore,
Maryland, on school nights; the child reporting that Mother has been drinking beer while
driving with the child in the car and that when stopped by police that the Mother had the
child hide the beer and lie to the police, the child expressing worry that she maybe
killed as a result of Mother's drinking and driving, the child complaining that she has
do homework in the car and is tired at school because of coming home late from
Baltimore, the child reporting that Mother throws things at her, the child expressing the. 't'
No. 99-6394
desire to live with Father, the child describing being present during Mother's sexual
activity with the boyfriend. Father reports that the school personnel made a referral to
Children and Youth based on things the child reported at school.
5. Mother's position is that she should retain primary custody. She does not
believe the telephone messages left for the child are appropriate. She admits that she
once threw a pack of crackers at the child. She denies exposing the child to sexual
activity. She admits to taking the child to Baltimore on school nights and that they arrive
at home by 11:30 p.m. or midnight when this occurs. She claims that the teacher says
the child's school work is not suffering. She states the trips occur less than three times
per month at present. She admits being stopped by police, but denies drinking and
driving.
6. Contempt: Father cites numerous instances where in he alleges Mother
has failed to comply with the present Order. Some of the instances seem to have been
the result of following a prior Order and it is hoped that corrections to the language of
the Order will resolve these problems. Other instances raise serious concerns regarding
the workability of shared legal custody and Mother's willingness to support the child's
relationship with Father through frequent and continuing contact Father. Specifically,
Mother has failed to comply with paragraph 6, subpart I, which requires regular phone
contact between Father and the child. In violation of paragraph 4, Mother has arranged
for child care to be provided by a third party rather than offering Father the opportunity
to care for the child. In violation of paragraph 8, Mother has not provided adequate
clothing for Father's periods of custody on a number of occasions. In violation of
paragraph 12, Mother failed to notify Father about a concern about which the child's
teacher had sent a note home. Mother did not inform Father of the date of the
appointment with the physician which was scheduled to address the child's ongoing
incontinence, nor did she inform him of the physician's assessment. Both parties have
attended individual counseling. However, no co-parenting counseling has begun, as is
required in paragraph 16 of the Order.
7. The parties agreed to participate in a Custody Evaluation with Dr. Pauline
Wallin. The parties also agreed to changes in the existing Order for holidays, Monday
Holidays, and clarification of legal custody language regarding Father's statutory rights
to school and educational information.
8. The Conciliator is concerned that the actions complained of in the
Contempt portion of the petition exclude Father from being informed about the child's
medical situation and functioning at school, prevent his participation in the co-parenting
of the child and subtly undermine the Father - daughter relationship. Therefore,
conjoint counseling, to include both parties, are required to assist the parties in
establishing better communication and a cooperative parenting plan. The Contempt
issues shall be addressed by the Court at the time of the Custody hearing which shall
i
v
No. 99-6394
follow the Custody Evaluation. An Interim Order is attached.
Date ?/ 4
Custody Conciliator
w
a
W
a
a
0 PC
o
a a
i Vw K
V >4 41
g
w z o.c ow w (
a ?$
O a Oro • 044
w
"?
?a > 0c a °`a $ F
a V c
0 m . w
°
v z o E.' a a
a i o
W W U
x c
E z
.
z ^- o o w
H U z a to
RODNEY T. GOODLING, IN THE COURT Or COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6394
REBECCA W. GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW this z I I day of May, 2001, upon request of counsel for the
Defendant, Rebecca W. Goodling, it is hereby Ordered that the Contempt
Proceedings scheduled for May 24, 2001, at 3:00 p.m. shall be rescheduled and
9: 0
heard on June 6, 2001, at a.m., said time being immediately prior to the
commencement of the Custody Trial in the above captioned matter. Said Hearing
shall be held in Courtroom #4 of the Cumberland County Courthouse, I
Courthouse Square, Carlisle, Pennsylvania 17113.
BY THE COURT:
The orable Kevin A. Hess, Judge
Distribution: ;
Susan Kay Candiello, Esquire, 5021 East Trindle Road, Mechanicsburg, PA
17050 t
Diane M. Rupich, Esquire, 1017 North Front Street, Harrisburg, PA 17102 )c _41
i ?_
o '
I-
SEP 012000VI
RODNEY T. GOODLING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-6394
REBECCA W. GOODLING, : CIVIL ACTION - LAW
Defendant : CUSTODY
AND NOW, this 6-t day of S' rc.,.l . , 2000, upon consideration of the
attached Custody Conciliation Summary Repo d, it is ordered and directed as follows:
1. The Father, Rodney T. Goodling, and the Mother, Rebecca W. Goodling, shall
have shared legal custody of their minor Child, Justine Lyn Goodling, born June 6, 1991.
2. The Mother and the Father shall share physical custody of the minor Child in the
following fashion:
A. Father shall have his Daughter the first, third and fifth weekends. Mother
shall have her Daughter the second weekend of each month. The
weekends shall commence on Friday at 7:00 PM and continue until
Sunday at 7:00 PM. It is anticipated the Child shall eat dinner with her
Paternal Grandmother on these Friday evenings. If Mother desires to
make alternate arrangements for dinner she must contact Father, or the
Paternal Grandmother, in a timely manner, to provide notice of the change
in dinner plans. Sunday evenings Father shall return his Daughter to
Mother's residence at 7:00 PM;
B. Father shall also have the option of an evening visit with his Daughter one
evening during the week. Father must provide Mother with a 48-hour
notice of his desire to exercise his option. The Paternal Grandfather will
then bring the Child to his home after school, where the Father may pick
up the Child after school. Father shall have his Daughter back to Mother's
home by 9:00 PM that same evening;
C. With the added weekend visitation, Father has agreed to assume the
additional responsibility of providing his Daughter with a continuing
Christian education. This does not mean that the former religious service
must be attended by the parties' Daughter every Sunday morning. This
does mean Father shall provide his Daughter with the opportunity to be
exposed to Christian teachings and educational materials every weekend
which he has custody of his Daughter;
•
CO cxp
_,
;%INv1/I?t/
AlI;
a y.
f
q5;`
hyr
2
i
i
Jy
V
3. Father's name, address and telephone number shall be placed on all emergency
cards, childcare documents, school documents, etc. Father shall be provided
with full access to the Child's school, medical, dental, psychological, religious
and any extracurricular activities, records and documents. Father shall be
identified as an individual with the ability to pick up his Daughter from the school,
daycare, and any other facilities or groups requiring such permission. Mother
shall take whatever steps are necessary to place Father's name on all
emergency and notification documents for the parties' Daughter;
Mother agrees to consult with Father regarding the decision for the Child's
participation in any activity for which the Father would be responsible for
assisting in the transportation, attendance in which would have an effect upon
the Father's visitation time;
4. Should the Child become ill or for whatever reason not be able to attend school,
school Is dismissed early, school is canceled, and/or there is a vacation day from
school, and Mother is unable to remain at home with the Child, Father shall be
notified by Mother, at the earliest possible date or time, to enable him to provide
care for his Daughter in lieu of the Child being placed in daycare or going to the
Mother's office. It shall also be acceptable for the Child's Maternal Grandfather
to be notified at these times and then for him to notify Father, who can exercise
this option to take custody of his Daughter. At such times, Father shall return his
Daughter to Mother when it is reasonable to do so.
5. The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child
during any of the holidays and/or vacations from school, the Mother agrees to
notify Father, in a timely fashion, of her inability to care for the Child and Father
may then obtain the Child thus thwarting the necessity of the Child being at
daycare or being at the Mother's office. Paternal Grandfather and Paternal
Grandmother may also be used as a resource for the Child during periods when
neither Mother nor Father can provide the necessary care for their Child.
6. The parties shall alternate, annually, the following holidays: Father shall have
the even-numbered holidays in even-numbered years and Mother shall have
odd-numbered holidays in odd-numbered years. These holidays shall supercede
the regular schedule for visitation. The holiday visitation period shall begin at
8:00 AM and end at 8:00 PM. The arrangements for transportation and
exchange of the Child shall be the same as for weekend visitation;
Holidays:
1. New Year's Eve and New Year's Day
2. Easter
3. Memorial Day
4. Independence Day
5. Labor Day
6. Thanksgiving
A. Father has Good Friday as a vacation day, therefore Father shall have
partial custody of the Child on Good Friday. Father agrees to take the
Child to church services on Good Friday;
B. The parties agree the Sunday before Christmas every year Father shall
have his Daughter In the morning and early afternoon for his special once-
a-year celebration with his family. Mother shall have her Daughter every
year in the late afternoon and early evening for her special annual church
Christmas party;
C. Christmas 2000 shall be arranged as follows: Father shall have custody
Christmas Day through December 27th at 7:00 PM. Mother shall have
December 28th through January 1st,
Thereafter, The parties shall alternate annually the Christmas holiday, in
the odd-numbered years Father will have the Child Christmas Eve from
5:00 PM through Christmas Day at 1:00 PM. Mother shall have the Child
from Christmas Day at 1:00 PM until the day after Christmas at 1:00 PM;
D. For the Thanksgiving holiday of 2000 Father shall have physical custody
of the Child from Wednesday after school until Sunday following
Thanksgiving at 7:00 PM. In exchange for this extended Thanksgiving
holiday, Mother shall have her custodial period for Columbus Day
weekend extended through the Monday holiday period.
E. Father shall have the Child on Father's Day and Mother shall have the
Child on Mother's Day. The time shall be the same as for other
superceding holidays, 8:00 AM through 8:00 PM;
F. The Child's birthday shall be alternated annually with Father having the
Child for her birthday in the year 2001. The Child's birthday is June 6th,
this is often a school day. If the day is a school day the Father shall have
the ability to get the Child following school through 9:00 PM. When the
Mother has the Child for her birthday, Father shall be able to have a
completed telephone call with the Child before the end of the day;
G. The first full week following the dismissal of school for the year in June
and continuing until the Sunday prior to the first day of school at the
conclusion of the summer, Father shall enjoy custody of his Daughter
weekly and on alternating weekends. Mother shall enjoy visitation with
the Child on alternating weekends. Mother shall begin her weekend of
custody by getting her Daughter at the Paternal Grandmother's home
after work on Friday evening and Father will get his Daughter from
Mother's residence Sunday evening by 8:00 PM;
H. Mother shall have the option of requesting two weeks of vacation and the
days necessary for the Child to attend church camp. Church camp is
presently Thursday through Sunday of a week during the summer.
Mother shall provide Father with written notice of the weeks she desires
the Child for vacation and the week the Child will be in church camp
by the first of that same year to allow each party sufficient time to make
their vacation plans;
When the Child is in the custody of the parent, the Child shall be provided
with the opportunity to make a minimum of 2-3 completed telephone calls
to the non-custodial parent each week. All messages from the non-
custodial parent shall be given to the Child, with the opportunity to make a
return telephone call at that time. Father provided Mother with a message
machine, Mother agrees to keep the message machine on or one which
Mother chooses to utilize available to Father at all times;
The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in, and which is at
minimum in reasonably good condition.
Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their Individual custodial periods with their Child such as food,
school lunches, gifts which must be purchased during that time, and other
minimal extraneous purchases.
10. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the Child is in school. Should either party desire to move a greater
distance , that party shall provide the other with a minimum of 3-months' notice
and the reason for the desired move. The parties will then discuss the proposed
move and work toward a joint decision regarding the modification of this Order.
11. The parties shall share with each other the name and address of any child
caregiver whom they have chosen to use.
12. The party with physical custody of the Child shall keep the other party fully
fully aware and informed of any successes, difficulties, activities, emergencies,
etc., with which the Child may become involved.
13. The parties shall be free to mutually agree and to alter and/or change the terms
of this Agreement.
14. Transportation for any Friday night exchanges shall be provided by Mother. On
those occasions when Mother provides transportation at the conclusion of her
custodial period on Friday nights, Father shall provide transportation at the
conclusion of his custodial period.
15. The parties shall consult with the pediatrician regarding the Child's continued
incontinence and nail biting habit and shall follow up with counseling or medical
treatment as recommended by the pediatrician.
16. The parents shall participate in a minimum of eight co-parenting sessions to
improve their communications and a level of cooperation between the parties.
Expenses associated with this counseling and not reimbursed by the parties'
medical insurance shall be shared in equal proportions between the parties.
BY THE COURT,
Dist: Allen D. Smith, Esquire
Susan Kay Candiello, Esquire
// h J.
Kevi . Hess
0
Ise q,?.o
SEP 0120001"
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6394
: CIVIL ACTION - LAW
: CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent Information concerning the Child who is the subject of this
litigation is as follows:
Justine Lyn Goodling June 6, 1991 Mother
2. A Conciliation Conference was held on August 14, 2000, with the following
individuals in attendance: The Father, Rodney T. Goodling, and his counsel, Susan Kay
Candiello, Esquire; the Mother, Rebecca W. Goodling, with her counsel, Allen D. Smith,
Esquire.
3. The parties agreed to an Order in the form as attached.
rl ML
24
Date
Meliss Peel Greevy, Esquire
Custody Conciliator
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 99-6394 CIVIL
: CIVIL ACTION - LAW
IN RE: PETITION FOR MODIFICATION OF CUSTODY
ORDER
AND NOW, this /Yo day of August, 2001, following hearing and careful
consideration of the testimony adduced, the pending petition for modification of custody is
DENIED. The parties arc invited to submit proposals for the purpose of clarifying the existing
order. The parties will cooperate with the child's counselor in the implementation of a plan for
family counselling.
BY THE COURT,
04
Ked A. I less, J.
Susan Candiello, Esquire
For the Plaintiff
Diane Rupich, Esquire
For the Defendant
:rim
?a
of
Ott in: 42
CUh}t`lLn
lr;?U rp?,y?'Tl'
PEW
sYi vaiv!?
x=
Y
bt1
riw
?Y
M1
s
p.
NAY 01 200/IVY
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS
OF
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
VS. NO. 99-6394
REBECCA W. GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
AND NOW, this 2 ") day of fro..., , 2001, upon consideration
of the attached Custody Conciliation Summart, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room # Y of the Cumberland County
Courthouse, on the 61 day of June, 2001 at 9:30 o'clock a.m., at which time
testimony shall be taken. For the purposes of the Hearing, the Father, Rodney
T. Goodling, shall be deemed to be the moving party and shall proceed initially
with testimony. Counsel for the parties or the parties pro se shall file with the
Court and opposing counsel/party a Memorandum setting forth each party's
position on custody, a list of witnesses who are expected to testify at the
Hearing, and a summary of the anticipated testimony of each witness. These
Memoranda shall be filed at least 10 days prior to the Hearing date.
BY THE COURT,
,A J.
Kev' A. Hess \
Dist: Allen D. Smith, Esquire
Susan Key Candiello, Esquire
?g
tfY 05
O??`
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6394
: CIVIL ACTION - LAW
: CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who Is the subject of this
litigation is as follows:
Justine Lyn Goodling June 6, 1991 Mother
2. A Conciliation Conference was held on August 14, 2000, with the following
individuals in attendance: The Father, Rodney T. Goodling, and his counsel, Susan Kay
Candiello, Esquire; the Mother, Rebecca W. Goodling, with her counsel, Allen D. Smith,
Esquire. A subsequent conference was held on December 18, 2000 in response to a Petition
for Special relief and Contempt filed by Father. The parties have participated in counseling
with Dr. John Ramirez and a Custody evaluation by Dr. Pauline Wallin. Severe problems
persist and additional and an Contempt Petition has been filed by counsel for Father.
Following a telephone conference with counsel and Judge Hess, it was determined that a
hearing on the Father's Petition to Modify Custody to place the child in his Primary Physical
custody would be scheduled. A separate contempt hearing has been set for May 25, 2001.
3. The Order scheduling a Hearing is attached. It is anticipated that the hearing will
take at least one day.
Date Meli a Peel Greevy, Esquire
Custody Conciliator
LAW OFFICE OF --- ;PR 1 6 ZOOI
USAN KAY CANDIELLO, B.S.N., M.S.N., J.U. L
S61
5011 EA1T Txtutxt. ROW, St ITt Iro, MICIIANiawikn, PA 17050
RODNEY T. GOODLING, : IN THE. COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 99.6394
REBECCA W. GOODLING, : CIVIL ACTION - LAW COPY
DEFENDANT : CUSTODY
ORDER
AND NOW, this day of 2001, upon consideration of
Plaintiff's Petition for Contempt, Enforcement and Special Relief, it is hereby directed and
ordered as follows:
1. Primary Physical Custody shall be immediately placed with Plaintiff.
2. School Change. The Plaintiff shall be granted the ability to change the school the
Child is enrolled in and the school shall be directed to cooperate fully in this change,
3. Counseling. Defendant shall be ordered to attend a minimum of six (6) counseling
sessions for her anger, parenting skills, and statements placing the Child in danger, fear and
inappropriate situations.
4. Cooperation. Defendant shall cooperate in all requests to have primary physical
custody of the Child changed to Plaintiff and to have the Child's school changed.
S. Attorney's Fees. Because of her willful violation of all past custody orders and
most recently the custody order of January 5, 2001, Defendant shall be directed to pay Plaintiff's
reasonable counsel fees, costs and expenses which were required for the preparation and
presentation of this petition and attendance at the conference and any hearings that may be
required.
6. Any other additional relief, which this Court deems equitable.
RODNEY T. GOODLING, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY,
: PENNSYLVANIA
VS.
: NO. 99.6394
REBECCA W. GOODLING, : CIVIL ACTION • LAW COPY
DEFENDANT : CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought ngainst you alleging you have willfully disobeyed an order
of court for custody.
If you wish to defend against the claims set forth in the following pages, you may, but are not
required, to file in writing with the court your defenses or objections.
Whether or not you file in writing with the court your defenses or objections, it is hereby directed
that the parties and their respective counsel appear before , the conciliator,
at , on the _ day of
2001, at _. m., for a Pre-Hearing Custody Conference. At such conference, an effort will
be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues
to be heard by the court, and to enter into a temporary order. All children age five or older may also be
present at the conference. Failure to appear at the conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
Custody Conciliator
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR
ARREST. If the court finds that you have willfully failed to comply with its order for custody, you may
be found in contempt of court and committed tojnil, fined or both.
The Court of Common Pleas of Cumberland County is required by law to comply with the American with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All
arrangements must be made nt lead 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE. SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249.3160
1.800.990.9108
RODNEY T. GOODLING, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY,
: PENNSYLVANIA
vs. .
NO. 99-6394
REBECCA W. GOODEFENDANT : CUSTODYTION -LAW COPY
PETITION FOR CONTEMPT.
ENFORCEMENT AND SPECIAL RELIEF
1. Plaintiff is RODNEY T. GOODLING (hereinafter referred to as "Father'), who
currently resides at 152 North Market Street, Mount Joy, Lancaster County, Pennsylvania,
17552.
2. Defendant is REBECCA W. GOODLING, (hereinafter referred to ns "Mother.'); who
currently resides at #208,2101 Cedar Run, Camp Hill, Cumberland County, Pennsylvania;'
17011.
3. The parties are the parents of one (1) child: JUSTINA LYN GOODLING, bom on
June 6, 1991, and presently nine (9) years of age.
4. Both Mother and Father are divorced. Mother has had a paramour since prior to the
party's separation, but has not remarried. Father is engaged and will be married on or before
April 30.2001.
5. The parties' initial custody agreement was contained within their marital settlement
agreement. This agreement was very vague and Father did not have, nor was he able to obtain
any significant amount of visitation time with his daughter, as a result of Mother's continual
interference with Father's requests for custody and visitation.
6. On or about September, 1999, Father filed a Petition to Modify Custody seeking a
more defined custody order, and received such an order from Michael Bangs, Esquire, custody
conciliator for Cumberland County. Despite this Order, Mother continued to interfere with
Father's relationship with the child.
7. Father filed an Emergency Petition for Contempt and Special Relief, on or about
September, 2000. This Petition resulted in two (2) custody orders, dated September 5, 2000 and
January 5, 2001, arising out of conciliation with Melissa Greevy, Esquire. These orders were
designated interim orders to be in effect while the parties attended counseling sessions to assist
with their communication, and completed a custody evaluation with Dr. Pauline Wallin.
8. Mother has continuously interfered with Father's rights and abilities to enjoy custody
and visitation with his daughter, despite whatever agreements and orders have been reached
between the parties.
9. Pursuant to the parties' last custody order and Custody Conciliation Summary
Report, dated January 5, 2001, (a copy of which is attached hereto and made a part hereof at
Exhibit "A") the parties agreed to share Legal Custody of their child. The parties further agreed
Mother would have Primary Physical Custody, with rather having Partial Physical Custody.
10. Pursuant to the Interim Order of the Court, entered on January 5, 2001, the parties
areto share legal custody of their child, in accordance with the following language.
"Each parent shall have an equal right, to be exercised jointly with the other parent, to
make all major non-emergency decisions affecting the Child's general well-being including, but
not limited to, all decisions affecting her health, education and religion. Pursuant to the terms of
Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the
Child including, but not limited to, medical, dental, religious or school records, the residence
address of the Child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of reasonable
use to the other parent."
11. Since the January 5, 2001 Interim Order of Court, Defendant has withheld
information and documents conceming the Child's school performance, homework, activities,
conferences and problems. The Defendant does this through the following actions:
a. Defendant withholds entire documents, simply refusing to
acknowledge them and give them to the Plaintiff;
b. Defendant tears pages from the Child's agenda book, which is the part
of her school notebook where the teachers write comments, work to be done,
problems, requests to the parents, and similar items;
c. Defendant has made numerous derogatory statements to the Child's
school about the Child's Father and several requests of the school, resulting in the
school personnel either refusing to cooperate or only providing to the Plaintiff
limited information;
d. Defendant refuses to talk to the Plaintiff on the telephone, refusing to
share any additional information, or respond to Plaintiffs questions in any form
concerning where various documents are, what activities are occurring, and other
pertinent information about the Child;
e, Defendant refuses to speak with the Plaintiff when he returns his
daughter following his periods of visitation, continuing to keep information and
documents concerning the Child from the Plaintiff;
f. Essentially, Plaintiff has no avenue of communication available to him
with the Defendant as a direct result of Defendant's actions and Defendant has,
through her actions and statements, limited the Plaintiff's ability to communicate
with the Child's school.
12. Pursuant to the January 5, 2001 Interim Order, paragraph 4.D:
"In the event that there is a Monday holiday, the parent having custody of the
Child for the weekend immediately prior to the Monday shall have the option of retaining
custody for that Monday, if that parent is not at work...."
13. Since the January 5, 2001, Interim Order, Defendant has succeeded in keeping the
Child from the Plaintiff on every "extra" Monday the Plaintiff might have had custody by using
one of her vacation days for each of these days.
14. Pursuant to the January 5, 2001 Interim Order, paragraph 6:
"Should the Child become ill or for whatever reason not be nble to attend school,
school is dismissed early, school is canceled, and/or there is a vacation day from school, and
Mother is unable to remain at home with the Child, Father shall be notified by Mother, at the
earliest possible date or time, to enable him to provide care for the Child in lieu of the Child
being placed in a daycare or going at the Mother's office. It shall also be acceptable for the
Child's Maternal Grandfather to be notified at these times and then for him to notify Father, who
can exercise this option to take custody of the Child. At such times, father shall return the Child
to Mother when it is reasonable to do so."
15. The Defendant went to Atlantic City for two (2) days on or about
Monday, March 26 through 28, 2001. The Defendant did not notify Plaintiff she would be in
Atlantic City, and did not offer Plaintiff the ability to provide care for the Child. The Defendant
did not even notify the Plaintiff of the Child's location during those two (2) days.
16. Plaintiff, as he continued in his attempts to have telephone contact with his daughter
during this two (2) day period, spent several days very worried about his daughter, unable to
contact his daughter.
17. Pursuant to the January 5, 2001, Interim Order, paragraph 8.H:
"When the Child is in the custody of the parent, the Child shall be provided with
the opportunity to make a minimum of 2-3 completed telephone calls to the non-custodial parent
each week. All messages from the non-custodial parent shall be give to the Child, with the
opportunity to make a return telephone call at that time. Mother shall keep an answering
machine in use."
18. Plaintiff is the non-custodial parent. There have never been any weeks, since the
present custody order and previous custody orders were in place, during which the Plaintiff
received 2-3 completed telephone calls a week. There have been several weeks when Plaintiff
did not receive aU telephone calls and/or responses to his telephone calls.
19. The following are examples of the telephone contact Defendant allows the Plaintiff
to have:
a. Defendant answers the telephone telling Plaintiff to call back later for
any variety of reasons;
b. If Defendant allows the Child to return the telephone call, it is
frequently returned just prior to the Child's bedtime and Defendant "reminds" the
Child she cannot talk since she needs to get to bed OR the call is made "right
before" the Child needs to leave to go to school in the morning;
c. If Defendant allows the Child to return the call or to speak to the
Plaintiff, the Defendant often makes the Child sit in the middle of the living room
in a "telephone chair" from which the Defendant can monitor the entire telephone
conversation and what the Child states to the Plaintiff;
d. If it is the day before the Plaintiff's next scheduled visit, the Defendant
will not allow the Child to call the Plaintiff,
e. The Defendant absolutely refuses to allow the Child to speak, even for a
second, to the Plaintiff's fianc6 or her future step-sisters.
20. Pursuant to the January 5, 2001 Interim Order, paragraph 10:
" Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in , and which is at minimum in
reasonably good condition."
21. Defendant now sends women's size clothing for the Child and continues not to send
clothing appropriate to the weather, such as no gloves or boots are sent with snow and ice.
22. Defendant continues to make degrading and derogatory statements about the
Plaintiff and his fianc6 in the presence of the Child and additionally questions the Child
following any period of time when the Child is with her rather.
23. Defendant has for over a year taken the Child on weekly, sometimes bi-weekly,
trips to Baltimore on school nights to meet and be with her paramour in his vehicle at various
points along the highway to Baltimore. The Child returns home from this adult activity late at
night and/or early in the morning.
24. The Defendant now meets with her paramour in n SUV off of Exit 30. The Child
states the SUV is better since when she tries to sleep in the back of the vehicle, she can almost
straighten out her legs. The Child is still very aware of the adult activities occurring between the
Defendant and her paramour in the front of the SUV, while she is in the SUV.
25. Dr. Pauline Wallin, Ph. D., during the course of her custody evaluation, specifically
told the Defendant this was not the type of activity the Child should be exposed to nor were the
late hours on school nights appropriate, yet the Defendant continues this activity.
26. Defendant's paramour was unable to participate in the custody evaluation, offering
a variety of reasons for this inability to participate, yet the Defendant and her paramour were still
able to meet during this time period in the paramour's SUV along side the road to Baltimore.
27. Plaintiff, through his counsel, has made several requests to Defendant, through her
counsel, to have further custody and/or telephone conferences concerning the continued actions
of the Defendant identified in this instant Petition. All requests have gone unanswered.
28. The Child, when she is with her Father, has recently begun to express increasing fear
and concern about being alone, and fears for and about her Mother.
29. The Child, normally healthy, active and energetic, has recently experienced
numerous bouts with colds, coughs, pink eye, headaches, fatigue and general malaise, all
symptoms of depression.
30. The Child has recently requested her Father stay with her through the night because
she is afraid. This is a completely new behavior for the Child.
31. The Child constantly asks her Father, "Will 1 be able to live with you? When will I
be able to come live with you?" and other similar questions.
32. The Plaintiff has spoken with the school where the Child would attend if the Child
were to reside with Plaintiff. The school has agreed arrangements can easily be affected to have
the Child transferred to the school immediately.
33. The Defendant does not have a large emotional support system and has made
statements in a religious context which cause the Plaintiff to be fearful for the Child's safety with
the Defendant.
34. As the Child voices her increasing desire to reside with her Father, Defendant's
mood swings in her interactions with the Child have increased, Defendant has become more
openly hostile in her interactions with Plaintiff, and her open disdain of and refusal to follow the
custody order has increased.
35. Plaintiff fears greatly for his daughter's physical and psychological safety and
well-being while in the custody of the Defendant.
WHEREFORE, Plaintiff, RODNEY T. GOODLING, respectfully requests this
Honorable Court find the Defendant, REBECCA W. GOODLING, has been and continues to
be in contempt of the custody order and order the following:
1. Primary Physical Custody shall be immediately placed with Plaintiff.
2. School Change. The Plaintiff shall be granted the ability to change the school the
Child is enrolled in and the school shall be directed to cooperate fully in this change.
3. Counseling. Defendant shall be ordered to attend a minimum of six (6) counseling
sessions for her anger, parenting skills, and statements placing the Child in danger, fear, and
inappropriate situations.
4. Cooperation. Defendant shall cooperate in all requests to have primary physical
custody of the Child changed to Plaintiff and to have the Child's school changed.
5. Attorney's Fees Because of her willful violation of all past custody orders and
most recent the custody order of January 5, 2001, Defendant shall be directed to pay Plaintiff's
reasonable counsel fees, costs and expenses which were required for the preparation and
presentation of this petition and attendance at the conference and any hearings that may be
required.
6. Any other additional relief, which this Court deems equitable.
Respectfully submitted,
Dated: April 2001
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Esquire
Susan Kay Ca
rml-
Counsel for P! inli
PA I.D. k 6499
5021 East Trindle oad, Suite 100
Mechanicsburg PA 17050
(717) 796-1930
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document arc true
and correct to the best of his knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: JASQJJLy r)-Pp I
T° V Rodney T. G odling
EXHIBIT "A"
t
FYI
p
F
Y
?
l
ii
a
it
?} x
l k4
r„9
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6394
REBECCA W. GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
,/ 4J
AND NOW, this J t day of o , 2001, upon consideration of the
attached Custody Conciliation Summary Report, it is r ered and directed as follows:
1. The parties shall submit themselves and their minor child to an evaluation by
Pauline Wallin, Ph. D. This shall be an Independent custody evaluation. The parties
shall sign all necessary releases and authorizations for the evaluator to obtain medical
and psychological information pertaining to the parties. Cost of this evaluation shall be
paid by the parties in equal amounts.
2. A Hearing Is scheduled in Court Room # of the Cumberland County
Courthouse, on the day of , 2001 at
o'clock _ m., at which time testimony shall be taken. For the purposes of the
Hearing, the Father, Rodney T. Goodling, shall be deemed to be the moving party and
shall proceed initially with testimony. Counsel for the parties or the parties pro se shall
file with the Court and opposing counsel/party a Memorandum setting forth each party's
position on custody, a list of witnesses who are expected to testify at the Hearing, and a
summary of the anticipated testimony of each witness. These Memoranda shall be filed
at least 10 days prior to the Hearing date.
3. Pending further Order of Court, or agreement of the parties, the Father, Rodney
T. Goodling, and the Mother, Rebecca W. Goodling, shall have shared legal custody of
their minor Child, Justina Lyn Goodling, born June 6, 1991. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding her health, education and religion. Pursuant to the terms of
Pa.C.S.. § 5309, each parent shall be entitled to all records and information pertaining
to the Child including, but not limited to, medical, dental, religious or school records, the
residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or Information, that parent shall be required to share
the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
No, 99-6394
4. The Mother and the Father shall share physical custody of the minor Child in the
following fashion:
A. Father shall have his Daughter the first, third and fifth weekends. Mother
shall have her Daughter the second weekend of each month.. The
weekends shall commence on Friday at 7:00 p.m. and continue until
Sunday at 7:00 p.m.. Sunday evenings Father shall return his Daughter
to Mother's residence at 7:00 p.m.
B. Father shall also have the option of an evening visit with his Daughter one
evening during the week. Father must provide Mother with a 48-hour
notice of his desire to exercise his option. The Paternal Grandfather will
then bring the Child to his home after school, where the Father may pick
up the Child after school. Father shall have his Daughter back to Mother's
home by 9:00 p.m. that same evening.
C. With the added weekend visitation, Father has agreed to assume the
additional responsibility of providing his Daughter with a continuing
Christian education. This does not mean that the former religious service
must be attended by the parties' Daughter every Sunday morning. This
does mean Father shall provide his Daughter with the opportunity to be
exposed to Christian teachings and educational materials every weekend
which he has custody of his Daughter.
D. In the event that there is a Monday holiday, the parent having custody of
the child for the weekend immediately prior to the Monday shall have the
option of retaining custody for that Monday, if that parent is not at work. In
the event that the parent is working on the Monday holiday, the parties
shall contact each other to arrange for the child's care, prior to arranging
for care by a third party, as is provided In Paragraph 6 of this Order.
E. In addition to the second weekend of the month, Mother shall have
physical custody when the child is not is custody of the Father.
5. Father's name, address and telephone number shall be placed on all emergency
cards, childcare documents, school documents, etc. Father shall be provided
with full access to the Child's school, medical, dental, psychological, religious
and any extracurricular activities, records and documents. Father shall be
identified as an individual with the ability to pick up his Daughter from the school,
daycare, and any other facilities or groups requiring such permission. Mother
shall take whatever steps are necessary to place Father's name on all
emergency and notification documents for the parties' Daughter.
No. 99-6394
Mother shall to consult with Father regarding the decision for the Child's
participation in any activity for which the Father would be responsible for
assisting in the transportation, attendance in which would have an effect upon
the Father's visitation time.
6. Should the Child become ill or for whatever reason not be able to attend school,
school is dismissed early, school is canceled, and/or there is a vacation day from
school, and Mother is unable to remain at home with the Child, Father shall be
notified by Mother, at the earliest possible date or time, to enable him to provide
care for the Child in lieu of the Child being placed in daycare or going to the
Mother's office. It shall also be acceptable for the Child's Maternal Grandfather
to be notified at these times and then for him to notify Father, who can exercise
this option to take custody of the Child. At such times, Father shall return the
Child to Mother when it is reasonable to do so.
7. The parties shall equally share the Child's scheduled holidays and vacations
from school. If Mother is unable to leave her employment to be with the Child
during any of the holidays and/or vacations from school, the Mother agrees to
notify Father, in a timely fashion, of her inability to care for the Child and Father
may then obtain the Child thus thwarting the necessity of the Child being at
daycare or being at the Mother's office. Paternal Grandfather and Paternal
Grandmother may also be used as a resource for the Child during periods when
neither Mother nor Father can provide the necessary care for their Child.
8. The parties shall alternate, annually, the following holidays: Father shall lave
the even-numbered holidays in even-numbered years and Mother shall have
odd-numbered holidays in even-numbered years. Father shall have odd
numbered holidays in odd-numbered years and Mother shall have even
numbered holidays in odd numbered years. These holidays shall supercede the
regular schedule for visitation. Unless otherwise agreed, the holiday visitation
period shall begin at 8:00 a.m. and end at 8:00 p.m.. The arrangements for
transportation and exchange of the Child shall be the same as for weekend
visitation.
Holidays:
1. Easter
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving
6. New Year's Eve and New Year's Day
No. 99.6394
A. Father has Good Friday as a vacation day, therefore Father shall have
partial custody of the Child on Good Friday. Father agrees to take the
Child to church services on Good Friday.
B. The parties agree the Sunday before Christmas every year Father shall
have his Daughter in the morning and early afternoon for his special once-
a-year celebration with his family. Mother shall have her Daughter every
year in the late afternoon and early evening for her special annual church
Christmas party.
C. The parties shall alternate annually the Christmas holiday. In the odd-
numbered years Father will have the Child Christmas Eve from 5:00 p.m.
through Christmas Day at 1:00 p.m. and Mother shall have the Child from
Christmas Day at 1:00 p,m. until the day after Christmas at 1:00 PM. In
even-numbered years, Mother will have the Child Christmas Eve from
5:00 p.m. through Christmas Day at 1:00 p.m. and Father shall have the
Child from Christmas Day at 1:00 p.m. until the day after Christmas at
1:00 P.M.
D. Father shall have the Child on Father's Day and Mother shall have the
Child on Mother's Day, The time shall be the same as for other
superceding holidays, 8:00 a.m. through 8:00 p.m.
E. The Child's birthday shall be alternated annually with Father having the
Child for her birthday in the year 2001. The Child's birthday is June 6th,
this is often a school day. If the day is a school day the Father shall have
the ability to get the Child following school through 9:00 p.m. When the
Mother has the Child for her birthday, Father shall be able to have a
completed telephone call with the Child before the end of the day.
F. The first full week following the dismissal of school for the year in June
and continuing until the Sunday prior to the first day of school at the
conclusion of the summer, Father shall enjoy custody of his Daughter
weekly and on alternating weekends. Mother shall enjoy visitation with
the Child on alternating weekends. Mother shall begin her weekend of
custody by picking up the child at the Paternal Grandmother's home after
work on Friday evening and Father will pick up the child from Mother's
residence Sunday evening by 8:00 p.m.
G. Mother shall have the option of requesting two weeks of vacation and the
days necessary for the Child to attend church camp. Church camp is
presently Thursday through Sunday of a week during the summer.
No. 99.6394
Mother shall provide Father with written notice of the weeks she desires the
Child for vacation and the week the Child will be in church camp
by the first of that same year to allow each party sufficient time to make their
vacation plans.
H. When the Child is in the custody of the parent, the Child shall be provided
with the opportunity to make a minimum of 2-3 completed telephone calls
to the non-custodial parent each week. All messages from the non-
custodial parent shall be given to the Child, with the opportunity to make a
return telephone call at that time. Mother shall keep an answering
machine in use.
9. The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
10. Mother shall provide the Child with sufficient clothing, which is appropriate for
weather, the activities which the parties plan to engage in, and which Is at
minimum in reasonably good condition.
11. Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their individual custodial periods with their Child such as food,
school lunches, gifts which must be purchased during that time, and other
minimal extraneous purchases.
12. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the Child is in school. Should either party desire to move a greater
distance , that party shall provide the other with a minimum of 3-months' notice
and the reason for the desired move. The parties will then discuss the proposed
move and work toward a joint decision regarding the modification of this Order.
13. The parties shall share with each other the name and address of any child
caregiver whom they have chosen to use. The parties shall be entitled to
designate persons to pick up the child from school or other activities in the event
that they determine it is appropriate to do so.
14. The party with physical custody of the Child shall keep the other party fully
fully aware and informed of any successes, difficulties, activities, emergencies,
etc., with which the Child may become involved.
15. The parties shall be free to mutually agree and to alter and/or change the terms
of this Agreement.
No. 99-6394
16. Transportation for any Friday night exchanges shall be provided by Mother. On
those occasions when Mother provides transportation at the conclusion of her
custodial period on Friday nights, Father shall provide transportation at the
conclusion of his custodial period.
17. The parents shall participate in a minimum of eight conjoint co-parenting
sessions to improve their communications and establish a cooperative parenting
plan for the benefit of the child. Expenses associated with this counseling and
not reimbursed by the parties' medical insurance shall be shared in equal
proportions between the parties. Failure to cooperate with this paragraph shall
constitute a direct violation of this Order. The first appointment for this
counseling shall be scheduled to occur within 30 days of the date of this Order.
BY THE COURT,
Kevi A. Hess
Dist: Allen D. Smith, Esquire
Susan Kay Candleilo, Esquire
TV," y FROM rlr-,?Cr r)
In Toci •y v .t.r,Pf, I bare unto .:t a.y hand
Pa.
and tl seal of sai I Court at Carli e,
7hi ............
Prothorwtary
RODNEY T. GOODLING,
IN THE COURT OF COMMON PLEAS
OF
Plaintiff CUMBERLAND COUNTY
PENNSYLVANIA
VS.
REBECCA W. GOODLING,
Defendant
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAM DATE OF BIRTH CURRENTLY IN CUSTODY OF
Justina Lyn Goodling June 6, 1991 Mother
2. A Conciliation Conference was held on December 18, 2000, with the
following individuals in attendance: The Father, Rodney T. Goodling, and his counsel,
Susan Kay Candiello, Esquire; the Mother, Rebecca W. Goodling, with her counsel,
Allen D. Smith, Esquire.
3. The parties were seen following Father's filing an Emergency Petition for
Contempt and Special Relief in which he sought inter alia a change of primary custody
from Mother to himself. There has been one prior Custody Conciliation Conference
which resulted in an agreed upon Order of Court signed by Judge Hess on September
5, 2000. There has been no Order entered in response to the Emergency Petition for
Special Relief, rather the matter was referred to the Conciliator.
4. The parties did not agree to change primary custody to Father. Father's
position is based on the numerous concerns regarding the child's well being: Reports
from the child that the Mother takes her to visit Mother's boyfriend, in Baltimore,
Maryland, on school nights; the child reporting that Mother has been drinking beer while
driving with the child in the car and that when stopped by police that the Mother had the
child hide the beer and lie to the police, the child expressing worry that she may be
killed as a result of Mother's drinking and driving, the child complaining that she has to
do homework in the car and is tired at school because of coming home late from
Baltimore, the child reporting that Mother throws things at her, the child expressing the
No. 99-6394
desire to live with Father, the child describing being present during Mother's sexual
activity with the boyfriend. Father reports that the school personnel made a referral to
Children and Youth based on things the child reported at school.
5. Mother's position is that she should retain primary custody. She does not
believe the telephone messages left for the child are appropriate. She admits that she
once threw a pack of crackers at the child. She denies exposing the child to sexual
activity. She admits to taking the child to Baltimore on school nights and that they arrive
at home by 11:30 p.m. or midnight when this occurs. She claims that the teacher says
the child's school work is not suffering. She states the trips occur less than three times
per month at present. She admits being stopped by police, but denies drinking and
driving.
6. Contempt: Father cites numerous instances where in he alleges Mother
has failed to comply with the present Order. Some of the instances seem to have been
the result of following a prior Order and it is hoped that corrections to the language of
the Order will resolve these problems. Other instances raise serious concerns regarding
the workability of shared legal custody and Mother's willingness to support the child's
relationship with Father through frequent and continuing contact Father. Specifically,
Mother has failed to comply with paragraph 6, subpart i, which requires regular phone
contact between Father and the child. In violation of paragraph 4, Mother has arranged
for child care to be provided by a third party rather than offering Father the opportunity
to care for the child. In violation of paragraph 8, Mother has not provided adequate
clothing for Father's periods of custody on a number of occasions. In violation of
paragraph 12, Mother failed to notify Father about a concern about which the child's
teacher had sent a note home. Mother did not inform Father of the date of the
appointment with the physician which was scheduled to address the child's ongoing
incontinence, nor did she inform him of the physician's assessment. Both parties have
attended Individual counseling. However, no co-parenting counseling has begun, as is
required in paragraph 16 of the Order.
7. The parties agreed to participate in a Custody Evaluation with Dr. Pauline
Wallin. The parties also agreed to changes in the existing Order for holidays, Monday
Holidays, and clarification of legal custody language regarding Father's statutory rights
to school and educational information.
8. The Conciliator is concerned that the actions complained of in the
Contempt portion of the petition exclude Father from being informed about the child's
medical situation and functioning at school, prevent his participation in the co-parenting
of the child and subtly undermine the Father - daughter relationship. Therefore,
conjoint counseling, to include both parties, are required to assist the parties in
establishing better communication and a cooperative parenting plan. The Contempt r
issues shall be addressed by the Court at the time of the Custody hearing which shall
No. 99-6394
follow the Custody Evaluation. An Interim Order is attached.
?IJA-eff I
Date
Custody Conciliator
RODNEY T. GOODLING,
PLAINTIFF
VS.
REBECCA W. GOODLING,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99.6394
: CIVIL ACTION - LAW
: CUSTODY
1, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby
certify that I served a true and correct copy of the foregoing Petition for Contempt, Enforcement,
and Special Relief, by first-class United States mail, to the following:
Allen Smith, Esquire
51 South Front Street
P.O. Box 7592
Steelton PA 17113
Melissa Peel Greevy, Esquire
214 Senate Avenue
Suite 104
Camp Hill PA 17011
Dated: April -L±:, 2001
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Susan Kay C cello Esquire
Counsel for P inrrjj
PA I.D. # 6499
5021 East Trindle Rend
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
RODNEY T. GOODLING.
Plaintiff
Vs.
REBECCA W. GOODLING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 99-6394 CIVIL
: CIVIL ACTION - LAW
IN RE: PETITIONS FOR CONTEMPT
ORDER
AND NOW, this 10 4, day of January, 2002, an adjudication of contempt in this
case is DEFERRED on condition that there be compliance with the existing custody order.
Susan Candiello, Esquire
For the Plaintiff
Diane Rupich, Esquire
For the Defendant
)-//-oy
9-
Am
BY THE COURT,
r
<, 7
A4
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLWG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 99.6394 CIVIL
: CIVIL ACTION - LAW
IN RE: PETITION FOR MODIFICATION OF CUSTODY
ORDER
AND NOW, this /Y' day of August, 2001, following hearing and careful
consideration of the testimony adduced, the pending petition for modification of custody is
DENIED. The parties arc invited to submit proposals for the purpose of clarifying the existing
order. The parties will cooperate with the child's counselor in the implementation of a plan for
family counselling.
BY THE COURT,
Susan Candiello, Esquire
For the Plaintiff
Diane Rupich, Esquire
For the Defendant
--;/? "10
Kev' A. Hess, J.
Arn
a
o a a s
a
0 =
U •
N z M
H W S
H a
a
Z H
Q
C
I
44 G, y
H U p
O W > C C. ! C °? 3
z (3) 1
C
U M l0 O
H 3 r ???
SSSIII
x W rn z
U
H o
.
z
o
H u
Z 1% z
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6394
REBECCA W. GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW this day , 2002 pursuant to this
Court's Order dated August 14, 2001, it is hereby ORDERED as follows;
1. The Father, Rodney T. Goodling, and the Mother, Rebecca W.
Goodling, shall have shared legal custody of their minor child, Justina
Lyn Goodling, bom June G, 1991. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the child's general well-being, including,
but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of Pa. C.S. §5309, each parent shall be
entitled to all records and information pertaining to the child including,
but not limited to, medical, dental, religious, or school records, the
residence address of the child and of the other parent. To the extent one
parent has possession of any such records or information, that parent
shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
2. The mother and father shall share physical custody of the minor child in
the following fashion:
(a) Father shall have his daughter the first, third, and fifth weekends.
Mother shall have her daughter the second and fourth weekends of
each month. The weekends shall commence on Friday at 7:00 p.m.
and continue until Sunday at 7:00 p.m.
(b) With the added weekend visitation, father has agreed to assume the
additional responsibility of providing his daughter with a
continuing Christian education. This does not mean that the former
religious service must be attended by the parties' daughter every
Sunday morning. This does mean father shall provide his daughter
with the opportunity to be exposed to Christian teachings and
educational materials every weekend, which he has custody of his
daughter. If father is unabla to provide his daughter with Christian
teachings and educational materials every weekend, which he has
custody of his daughter, he shall notify mother of the same, and
arrangements shall be made for father to return the minor child to
the mother prior to Sunday of said weekend.
(c) Father shall also have the option of an evening visit with his
daughter one evening during the week. Father must provide mother
with a 48-hour notice of his desire to exercise his option. Father
`f
may pick up the child after school, and father shall return his
daughter back to mother's home by 9:00 p.m. that same evening. s
(d) In the event that there is a Monday holiday, the parent having
custody of the child for the weekend immediately prior to the
Monday shall have the option of retaining custody of that Monday,
if that parent is not at work. In the event that the parent is working r
on the Monday holiday, the parties shall contact each other to
arrange for the child's care, prior to arranging for care by a third
party.
2
(e) In addition to the second and fourth weekends of the month, mother
shall have physical custody when the child is not in custody of the
father.
(f) Transportation between the parties shall be shared. The parent
obtaining custody shall drive to the home of the other parent to pick
up the child. Specifically, father shall pick up his daughter at the
mother's residence at the commencement of his partial custody
periods, and thereafter, mother shall drive to father's residence to
pick up the child upon the conclusion of father's partial custody
periods.
3. Father's name, address and telephone number shall be placed on all
emergency cards, childcare documents, school documents, etc. Father
shall be provided with full access to the child's school, medical, dental,
psychological, religious, and any extracurricular activities, records, and
documents. Father shall be identified as an individual with the ability to
pick up his daughter from the school, daycare, and any other facilities or
groups requiring such permission. Mother shall take whatever steps are
necessary to place father's name on all emergency and notification
documents for the parties' daughter. Mother shall consult with father
regarding the decision for the child's participation in any activity for
which the father would be responsible for assisting in the transportation,
attendance, in which would have an effect upon the father's visitation
time.
4. Should the child become ill or for whatever reason not be able to attend
school, school is dismissed early, school is cancelled, and mother is
3
unable to remain at home with the child, father shall be notified by
mother, at the earliest possible date or time, to enable him to care for the
child. At such times, father shall return the child to mother when it is
reasonable to do so.
5. The parties shall equally share the child's scheduled holidays and
vacations from school.
6. The parties shall alternate, annually, the following holidays: Father shall
have the even-numbered holidays, in even-numbered years and mother
shall have odd-numbered holidays in even-numbered years. Fattier shall
have odd-numbered holidays in odd-numbered years and mother shall
have even-numbered holidays in odd-numbered years. These holidays
shall supercede the regular schedule for visitation. Unless otherwise
agreed, the holiday visitation period shall begin at 8:00 a.m. and end at
8:00 p.m. The arrangements for transportation and exchange of the child
shall be the same as for the weekend visitation.
Holidays:
L Easter
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving
6. New Year's Eve and New Year's Day
(a) Father has Good Friday as a vacation day, therefore father shall
have partial custody of the child on Good Friday provided that
father is able to take the child to church services on Good Friday.
4
If father is unable to take the child to church services on Good
Friday, then mother shall enjoy Good Friday with the child. If
father desires to enjoy Good Friday with his daughter and will take
his daughter to church services, father shall notify mother as to
when the church service will be concluded and mother shall pick
the child up at father's residence one-half hour after the conclusion
ofthe church service.
(b) 'rite parties have agreed the Sunday before Christmas every year
father shall have his daughter in the morning and early afternoon
for his special once•a-year celebration with his family. Mother
shall have her daughter every year in the late afternoon and early
evening for her special annual church Christmas party.
(c) 'file parties shall alternate annually the Christmas holiday. In the
odd-numbered years, father will have the child Christmas Eve from
5:00 p.m. through Christmas Day at 1:00 p.m. and mother shall
have the child from Christmas Day at 1:00 p.m. until the day after
Christmas at 1:00 p.m. In even-numbered years, mother will have
the child Christmas Eve from 5:00 p.m. through Christmas Day at
1:00 p.m. and father shall have the child from Christmas Day at
1:00 p.m. until the day after Christmas at 1:00 p.m.
(d) Father shall have the child on Father's Day and mother shall have
the child on Mother's Day. The time shall be the saute as for other
superceding holidays, 8:00 a.m. through 8:00 p.m.
(c) The child's birthday shall be alternated annually with father having
the child for her birthday in the year 2001. The child's birthday is
June G'h; this is often a school day. If the day is a school day, the
father shall have the ability to get the child following school
through 9:00 p.m. When the mother has the child for her birthday,
father shall be able to have a completed telephone call with the
child before the end of the day. If the father has his daughter for
her birthday on June G, and it is also his weekend, mother shall be
5
able to have a completed telephone call with the child before the
end of the day.
(f) The first full week following the dismissal of school for the year in
June and continuing until the Sunday prior to the first day of school
at the conclusion of the summer, father shall enjoy custody of his
daughter weekly and on alternating weekends. Mother shall enjoy
visitation with the child on alternating weekends. Mother shall
begin her weekend of custody by picking up the child at father's
home at 6:00 p.m. Friday evening and thereafter, father will pick up
the child from mother's residence Sunday evening at 8:00 p.m.
(g) Mother shall have the option of requesting two weeks of vacation
and the days necessary for the child to attend church camp. Church
camp is presently Thursday through Sunday of a week during the
summer. Mother shall provide father with written notice of the
weeks she desires the child for vacation and the week the child will
be in church camp by the first of April that same year to allow each
party sufficient time to make their vacation plans.
(h) Mother shall have the option of one evening visit with her daughter
during the week. Mother shall provide father with a 48-hour notice
of her desire to exercise this option. Mother may pick up the child
at father's home and mother shall return the child baek to father's
home by 9:00 p.m. that same evening.
(i) When the child is in the custody of the parent, the child shall be
provided with the opportunity to make or receive a minimum of 2-3
completed telephone calls to the non-custodial parent each week.
All messages from the non-custodial parent shall be given to the
child, with the opportunity to make a return telephone call at that
time. Both parents shall keep an answering machine in use.
6
7. The parties shall not use the Child as a messenger for any type of
message, oral or written. The parties shall communicate with each other
regarding basic visitation arrangements.
8. Mother shall provide the child with sufficient clothing, which is
appropriate for weather, the activities which the parties plan to engage
in, and which is at minimum in reasonably good condition. If specific
articles are required for a particular activity, and the child does not own
said articles, it should be the responsibility of the father or mother
needing said articles to provide same.
9. Mother and father shall be responsible for any ordinary everyday
expenses which occur during their individual custodial periods with their
child such as food, school lunches, gifts which must be purchased during
that time, and other minimal extraneous purchases.
10. The parties shall continue to reside within the 30-mile radius of
Cumberland County, while the child is in school. Should either party
desire to move a greater distance, that party shall provide the other with
a minimum of 3-months' notice and the reason for the desired move.
The parties will then discuss the proposed move and work toward a joint
decision regarding the modification of this Order.
7
1 1. The parties shall share with each other the names and addresses of any
child caregiver whom they have chosen to use. The parties shall be
entitled to designate persons to pick up the child from school or other
activities in the event that they determine it is appropriate to do so.
12. The party with physical custody of the child shall keep the other party
fully aware and informed of any successes, difficulties, activities,
emergencies, etc., with which the child may become involved.
13. The parties shall be free to mutually agree and to alter and/or change the
terms of this Agreement.
14. The parties will cooperate with the child's counselor in the
implementation of a plan for family counseling.
BY THE COURT:
The Honorable Kevin A. Hess, Judge
Distribution:
Susan K. Candiello, Esquire, 5021 East Trindle Road, Mechanicsburg, PA 17050
Diane M. Rupich, Esquire, 1017 North Front Street, Harrisburg, PA 17102
8
Yl[?G & q4CCi
ATTORNEYS AT LAW
1017 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102
ARTHUR K DILS
DIANE M. RUPICH
March 1, 2002
The Honorable Kevin A. Hess
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
RE: Rodney T. Goodling vs. Rebecca W. Goodling
No. 99-6394
Dear Judge Hess:
PHONE: (717) 273-8743
FAX: (717) 233.2507
Pursuant to your Honorable Court's Order dated August 14, 2001, enclosed is an
original and one copy of an Order of Court submitted on behalf of the Defendant,
Rebecca W. Goodling. I have previously submitted a copy of this Order to
Attorney Susan Candiello, the Attorney for Rodney Goodling, and she has
indicated that Mr. Goodling is not in agreement with the suggested changes set
forth in the enclosed Order of Court.
Specifically, the following Paragraphs have been modified from the Order dated
January 5, 2001:
a. Paragraph 2(a) - adds the "fourth" weekend as mother's weekend.
The word "fourth" was inadvertently missing.
b. Paragraph 2(b) - the last sentence is added, which provides for father
to make arrangements with mother for the child to attend Sunday
Church services, if he is unable to provide same during his weekends.
c. Paragraph 2 (c) - deletes transportation by the maternal grandfather.
d. Paragraph 2(f) - is a substantial change, in that it provides for trans-
portation to be provided by the parent who is obtaining custody.
Father would pick up at the beginning of his periods, and mother
would pick up at the beginning of her periods,
e. Paragraph 6 (a) - The Good Friday partial custody in father has been
elaborated upon to ensure that the child attends services on Good
Friday.
Paragraph 6 (g) - adds the month of "April" as the month which mother
must notify father of her desired weeks in the summer. The prior
Order indicated the, "...first of that same year...." and no mention
of a month.
g. Paragraph 14 - includes your Honorable Court's wording for family
counseling as set forth in the Order dated August 14, 2001.
I believe the above accurately reflects the proposed changes on behalf of Rebecca
W. Goodling. It is respectfully requested your Honorable Court approve the
enclosed Order of Court. Thank you for your consideration in this matter.
Very truly yours,
' al" ne M. Kup
DMR
Enclosure
cc: Susan Kay Candiello, Esquire
Rebecca Goodling
RODNEY T. GOODLING IN'1'111: COIIR'1' OI' COMMON PI.IiAS Op
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 99.6394 CIVIL ACTION LAW
REBECCA W. GOODLING
DEPENDANT IN CUSTODY
AND NOW, Tuesday, May 21, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Monday. June 24, 2002 at 12:30 PM
for a Pre-llcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR TILE COURT,
By: /s/ Melissa P _Grr y, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilitcs Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR A'I'I'ORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WIIERE YOU CAN Gl r LEGAL IIELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
„'07.,7 d.,7 ? • ? ? ?D
rY.
yh
tfn
MAY z U 2UUZ ??
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6394
REBECCA W. GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached
Complaint, it is hereby directed that the parties and their respective counsel appear before
, the Conciliator, at
on
at _.m., for a Prc-Hcaring Custody
Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter
into a Temporary Order. All children age five or older may also be present at the conference.
Failure to appear at the Conference may provide grounds for entry of a temporary or permanent
Order.
FOR THE COURT:
BY:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the Court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO
NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
il.
1.
I,
to
w
a
W C g
a` . C U C
2 It
r H W
O Cd y}?
1?\ S
z
as
> co
?c
?V
l11 kk
w ?
p O HO
a ° EN
.r c
?
O 2 ?
°
U a y
S
0
W
w
DU
F W
. q W U
1
H Z a a 1
.
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
COMPLAINT TO MODIFY CUSTODY ORDER
AND NOW this 16`h day of May 2002, comes Defendant, Rebecca W.
Goodling, by her Attorney, Diane M. Dils, Esquire, and respectfully requests the
following:
1. The Defendant, your Movant, is Rebecca W. Goodling, an adult
individual who is represented by Diane M. Dils, Esquire, whose office is
located at 1017 North Front Street, Harrisburg, Dauphin County,
Pennsylvania 17102.
2. The Plaintiff, Rodney T. Goodling, is an adult individual who is
currently represented by Susan K. Candiello, Esquire, whose office is
located at 5021 East Trindle Road, Suite 100, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. On August 14, 2001, the Honorable Kevin A. Hess entered an Order
denying the Plaintiff's request for primary physical custody of the
parties' minor child, Justina Lyn Goodling, born June 6, 1991. The
Honorable Judge Hess welcomed modification of the agreement reached
between the parties by Interim Order of Court dated January 5, 2001.
4. Your Movant's Attorney submitted a revised Order of Court; however,
said proposed Order has not been acted upon by the Court.
5. Since August 14, 2001, the Plaintiff, Mr. Goodling, separated from his
current wife, Lisa Goodling, and has been residing with his mother.
6. When Mr. Goodling and his current wife separated, Lisa Goodling
contacted your Movant, leaving a message on her answering machine
indicating that she would like to discuss with Rebecca Goodling the
Plaintiff's drug usage and allegations of child abuse.
7. Your Movant did not return the telephone call.
8. After the Court's Order dated August 14, 2001, was entered, the
Plaintiff's wife, Lisa Goodling, became hostile towards the minor child. '+}x
9. Mr. Goodling's wife, Lisa, has continually told the minor child that she
wasted a lot of money by not telling the Judge that she wanted to reside
with her father.
2
10. Mr. Goodling's wife has turned the child's room at her home into a
laundry room.
11. Mr. Goodling's wife has hung up on the minor child when she calls and
asks to speak with her father.
12. The minor child is fearful of her father's wife.
13. The current custody arrangement provides for a substantial summer
custody period in father.
14. During the weekend visit of May 10, 2002, during father's weekend with
the child, the child was visiting at the home of the father's mother, which
has been his residence since he separated from his wife, and the father
spent only approximately two hours with his daughter over that
weekend.
15. Father informed his daughter that Lisa was having a "crisis", and he had
to be at her home and take care of his wife.
16. The minor child and your Movant arc fearful that Mr. Goodling may
reconcile with his wife. thereby subjecting the minor child to the conduct
of Lisa Goodling, while her father is at work.
3
17. It is respectfully requested that the Order be modified to provide that
summer vacation be limited between the Plaintiff and the minor child to
times when the Plaintiff, Father, is available to be with his daughter.
18. It is believed that the Father's wife has severe mental problems and it is
respectfully requested that the minor child not be subject to her
problems.
19. It is believed that Lisa Goodling is not permitted at the home of the
Plaintiffs mother due to Lisa Goodling's outbursts and hostile conduct
at times towards the Plaintiff and/or his mother.
WHEREFORE, Defendant, Rebecca W. Goodling, by her attorney, Diane
M. Dils, Esquire, respectfully prays your Honorable Court to modify the current
custody arrangement.
Respectfully submitted,
BY:
Diane M. Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
v k'
i k3
.li
^Y
4
VERIFICATION
COMPLAINT
I verify that the statements made in this \? \\, a609 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: May 11, 2002
w 3 a'?,,
Rebecca W. Goodling
CERTIFICATE OF SERVICE
I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the
within Complaint to Modify Custody has been served upon the following
individual by first class, United States mail, postage prepaid, by depositing same at
the post office in Harrisburg, Pennsylvania, on the / t day of May 2002,
addressed as follows:
Susan K. Candiello, Esquire
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
Respectfully submitted,
BY:
Diane M it , Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: May 16, 2002
5
?d
.
U
iT{
L
1,
W
q
V
v
i'Sd i(
b_,I
1 2 6 2002
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 99-6394 CIVIL TERM
V.
REBECCA W. GOODLING,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER TO RELINQUISH JURISDICTION
AND NOW, this 22nd day of July, 2002, the counsel for parties having requested a thirty (30)
day continuance on June 21, 2002, and the Conciliator having received no further request for the
Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above
captioned matter.
FOR THE COURT:
BY• ??
Melissa Peel Greevy, Esq ire
Custody Conciliator
:160402
.h;
co)
C%j
hl
RODNEY T. GOODLING IN TI IE. COURT OF COMMON PLEAS OF
PLAINTIFF : CUMIIERI.AND COl1NTY, PENNSYI.VANIA
V.
REBECCA W.GOODLING
DEFENDANT
99-6394 CIVIL ACTION LAW
IN CUS'T'ODY
ORDER OF COURT
AND NOW, Wednesday, August 28, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Tuesday, September 24, 2002 at 10:30 AM
for a Prc-Hcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to dclinc and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: 1s! MCUM P. Gr 3!- Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilitcs Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arangcmcnts must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN AT70RNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONr THE, OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GE I' LEGAL HELP.
Cumberland County liar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Flt
}
x. F?tto-e??,cr
02 AUG 28 All 11: ,
PENNSYwn?1(n
x
l
?.
7,z
eagoa i
C
i
s
.r
L +
x
Ac
r
f
y '
•v
AUG 2 0 2002
C
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached
Complaint, it is hereby directed that the parties and their respective counsel appear before
the Conciliator, at
on at _.m., for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter
into a Temporary Order. All children age five or older may also be present at the conference.
Failure to appear at the Conference may provide grounds for entry of a temporary or permanent
Order.
FOR THE COURT:
BY:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the Court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO
NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
a
?C
7
r
i
N
0
a °
E-4
y
44 ji
8
O w C U
"4 iv
to
>4
C
N 2 0P4 W
N O
O
O oa > Q
o Ix 11
O QV O
Q E d
D
8 C
l s < ^
o E
I
H
°
u a
m
m 3
E p
. D C
H .. O a 8
1
a 1
. ,
AUG 2 0 2002
RODNEY T. GOODLING,
Plaintiff
VS.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394
CIVIL ACTION - LAW
CUSTODY
COMPLAINT TO MODIFY CUSTODY
AND NOW this /7 day of August 2002, comes Defendant, Rebecca W.
Goodling, by her Attorney,---Diane M. Dils, Esquire, and respectfully requests the
following:
1. The Defendant, your Movant, is Rebecca W. Goodling, an adult
individual who is represented by Diane M. Dils, Esquire, whose office is
located at 1017 North Front_ Street, Harrisburg, Dauphin County,
Pennsylvania 17102.
2. The Plaintiff, Rodney T. Goodling, is an adult individual who is
currently represented by Susan K. Candiello, Esquire, whose office is
located at 5021 East Trindle Road, Suite 100, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. A Complaint to Modify Custody was previously filed in the above-
captioned matter, see Exhibit "A" attached hereto and made a part
hereof.
4. It was believed that an Agreement had been reached and as a result of
the same, the Conciliator, Melissa Peel Greevy, Esquire, was notified of
said Agreement and jurisdiction was relinquished.
5. The terms of the Agreement and Order of Court as prepared by counsel
for the Defendant was not approved by the Plaintiff.
6. A Conciliation Conference is necessary in this matter.
WHEREFORE, Defendant, Rebecca W. Goodling, by her attorney, Diane
M. Dils, Esquire, respectfully requests a Conciliation Conference be scheduled.
Respectfully submitted,
BY:
2
mane mfuus, Csquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
t
EXHIBIT "A"
4
RODNEY T. DOODLING IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. : 99-6394 CIVIL ACTION LAW
REBECCA W.000DLING
DEFENDANT IN CUSTODY
AND NOW, Tuesday May 21 2002 . upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator,
at 301 Market Street Lemoyne, PA 17043 on Monday, June 24, 2002 at 12:30 Pdt
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
Vv
By: Is/ Me(issrr P Creetrv Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilitea Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
TRUE COPY FROM PUCC•M'D
In Testimony whereof, I h:rc u-tc ::n ; hind
and the seal of said Court at Ca:l:t;a, Pa.
This .... aQ...... day of IP A o7lrJd
............4.* rr?l,...... .:. .
(/ Prorh,n4. /
RODNEY T. GOODLING,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6394
REBECCA W, GOODLING, CIVIL ACTION - LAW
Defendant CUSTODY
•:;COM'LAIN T TO MODIFY CUSTODY ORDER
AND NOW this 16'' day of May 2002, comes Defendant, Rebecca W.
Goodling, by her Attorney, Diane M. Dils, Esquire, and respectfully requests the
following:
1. The Defendant, your Movant, is Rebecca W. Goodling, an adult
individual who is represented by Diane M. Dils, Esquire, whose office is
located at 1017 North Front Street, Harrisburg, Dauphin County,
Pennsylvania 17102.
2, The Plaintiff, Rodney T. Goodling, is an adult individual who is
currently represented by Susan K. Candiello, Esquire, whose office is
located at 5021 East Trindle Road, Suite 100, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. On August 14, 2001, the Honorable Kevin A. Hess entered an Order
denying the Plaintiffs request for primary physical custody of the
parties' minor child, Justina Lyn Goodling, born June 6, 1991. The
Honorable Judge Hess welcomed modification of the agreement reached
between the parties by Interim Order of Court dated January 5, 2001.
4. Your Movant's Attorney submitted a revised Order of Court; however,
said proposed Order has not been acted upon by the Court.
5. Since August 14, 2001, the Plaintiff, Mr. Goodling, separated from his
current wife, Lisa Goodling, and has been residing with his mother.
6. When Mr. Goodling and his current wife separated, Lisa Goodling
contacted your Movant, leaving a message on her answering machine
indicating that she would like to discuss with Rebecca Goodling the
Plaintiffs drug usage and allegations of child abuse.
7. Your Movant did not return the telephone call.
8. After the Court's Order dated August 14, 2001, was entered, the
Plaintiffs wife, Lisa Goodling, became hostile towards the minor child.
9. Mr. Goodling's wife, Lisa, has continually told the minor child that she
wasted a lot of money by not telling the Judge that she wanted to reside
with her father.
2
10. Mr. Goodling's wife has turned the child's room at her home into a
laundry room.
11. Mr. Goodling's wife has hung up on the minor child when she calls and
asks to speak with her father.
12. The minor child is fearful of her father's wife.
13. The current custody arrangement provides for a substantial summer
custody period in father.
14. During the weekend visit of May 10, 2002, during father's weekend with
the child, the child was visiting at the home of the father's mother, which
has been his residence since he separated from his wife, and the father
spent only approximately two hours with his daughter over that
weekend.
15. Father informed his daughter that Lisa was having a "crisis", and he had
to be at her home and take care of his wife.
16. The minor child and your Movant are fearful that Mr. Goodling may
reconcile with his wife. thereby subjecting the minor child to the conduct
of Lisa Goodling, while her father is at work.
3
17. It is respectfully requested that the Order be modified to provide that
summer vacation be limited between the Plaintiff and the minor child to
times when the Plaintiff, Father, is available to be with his daughter.
18. It is believed that the Father's wife has severe mental problems and it is
respectfully requested that the minor child not be subject to her
problems.
19. It is believed that Lisa Goodling is not permitted at the home of the
Plaintiffs mother due to Lisa Goodling's outbursts and hostile conduct
at times towards the Plaintiff and/or his mother.
WHEREFORE, Defendant, Rebecca W. Goodling, by her attorney, Diane
M. Dils, Esquire, respectfully prays your Honorable Court to modify the current
custody arrangement.
Respectfully submitted,
BY:
Diane M. Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
4
VERIFICATION
COMPLAINT
I verify that the statements made in this V?? ?\, a00D 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.
Rebecca W. Goodlinq
Date: May 11 # 2002
CERTIFICATE OF SERVICE
I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the
within Complaint to Modify Custody has been served upon the following
individual by first class, United States mail, postage prepaid, by depositing same at
the post office in Harrisburg, Pennsylvania, on the _ day of May 2002,
addressed as follows:
Susan K. Candiello, Esquire
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
Respectfully submitted,
BY:
Diane M. Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: May 16, 2002
VERIFICATION
The undersigned, Diane M. Dils, Esquire, hereby verifies and states that:
1. She is the attorney for Rebecca Goodling.
2. She is authorized to make this verification on Rebecca Goodling's behalf.
3. This verification is made by counsel pursuant to Pa.R.C.P., Rule 1024(c).
4. The statements set forth in the foregoing Complaint to Modify Custody, are
true and correct to the best of her knowledge, information, and belief.
5. She is aware that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Diane M. Di s, squire
Date: August 14, 2002
CERTIFICATE OF SERVICE
I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the
within Complaint to Modify Custody has been served upon the following
individual by first class, United States mail, postage prepaid, by depositing same at
the post office in Harrisburg, Pennsylvania, on the day of August 2002,
addressed as follows: r
Susan K. Candiello, Esquire
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
Respectfully submitted,
Diane Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: August 14, 2002
4,.
s=:
Je
G:
F
43..r
>i{
CYI
r
`r91
+i 10
?J
I
OCT 0 8 2002
RODNEY T. GOODLING, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 99-6394 CIVIL TERM
V.
CIVIL ACTION - LAW
REBECCA W. GOODLING,
IN CUSTODY
Defendant
HESS, J. --
ORDER OF COURT
AND NOW, this /o . day of October, 2002, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The Father, Rodney T. Goodling, and the Mother, Rebecca
W. Goodling, shall have shared legal custody of their minor child, Justina Lyn Goodling,
born June 6, 1991. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the child's general well-
being, Including, but not limited to, all decisions regarding her health, education and religion.
Pursuant to the terms of Pa. C.S. §5309, each parent shall be entitled to all records and
information pertaining to the child including, but not limited to, medical, dental, religious, or
school records, the residence address of the child and of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
2. Physical Custody. The Mother and Father shall share physical custody of the
minor child in the following fashion during the school year:
A. Father shall have his daughter the first, third and fifth weekends.
Mother shall have her daughter the second and fourth weekends of each
month. The weekends shall commence on Friday at 7:00 p.m. and continue
until Sunday at 7:00 p.m.
Initially, weekend visitation for Father shall occur at the paternal
grandmother's home. Father shall incorporate visits with the stepmother as
the Father determines to be in the child's best interest as guided by the mental
health professionals treating the various members of this family.
Subsequently, custodial weekends with Father and stepmother shall be
arranged after consultation with the mental health professionals treating the
family members.
)+.
iJi 'M_,
NO. 99-6394 CIVIL TERM
There shall be no unilateral cessation of Father's partial custodial rights
in the absence of a recommendation of the mental health professionals
treating this family.
B. With the added weekend visitation, Father has agreed to assume
the additional responsibility of providing his daughter with a continuing
Christian education. This does not mean that the former religious service must
be attended by the parties' daughter every Sunday morning. This does mean
Father shall provide his daughter with the opportunity to be exposed to
Christian teachings and educational materials every weekend, which he has
custody of his daughter. If Father is unable to provide his daughter with
Christian teachings and educational materials every weekend, which he has
custody of his daughter, he shall notify Mother of the same, and arrangements
shall be made for Father to return the minor child to the Mother prior to Sunday
of said weekend.
C. Father shall also have the option of an evening visit with his
daughter one evening during the week. Father must provide Mother with a 48-
hour notice of his desire to exercise his option. Father may pick up the child
after school, and Father shall return his daughter back to Mother's home by
9:00 p,m. that same evening.
D. In the event that there is a Monday holiday, the parent having
custody of the child for the weekend immediately prior to the Monday shall
have the option of retaining custody of that Monday.
E. In addition to the second and fourth weekends of the month,
Mother shall have physical custody when the child is not in the custody of
Father.
F. Transportation between the parties will be shared. Father will
provide transportation at the beginning of his custodial periods by picking up
the child from the home of the Mother. Father will notify Mother if he will be
more than 20 minutes late. Mother will make the child available to Father in
accordance with the demands of his work schedule and in consideration of the
commuting distance between the parties' homes. On Sundays, Mother will
pick up the child from Father at the conclusion of his period of custody.
3. Father's name, address and telephone number shall be placed on all
emergency cards, childcare documents, school documents, etc. Father shall be provided
with full access to the child's school, medical, dental, psychological, religious, and any
extracurricular activities, records and documents. Father shall be Identified as an individual
NO. 99-6394 CIVIL TERM
with the ability to pick up his daughter from school, daycare, and any other facilities or
groups requiring such permission. Mother shall take whatever steps are necessary to place
Father's name on all emergency and notification documents for the parties' daughter.
Mother shall consult with Father regarding the decision for the child's participation in any
activity for which the Father would be responsible for assisting in the transportation,
attendance, in which would have an effect upon the Father's visitation time.
4. Should the child become ill or for whatever reason not be able to attend
school, school is dismissed early, school is cancelled, and Mother is unable to remain at
home with the child, Father shall be notified by Mother, at the earliest possible date or time,
to enable him to care for the child. At such times, Father shall return the child to Mother
when it is reasonable to do so.
5. The parties shall equally share the child's extended holidays and vacations
from school.
6. The parties shall alternate, annually, the following holidays: Father shall have
the even-numbered holidays, in even-numbered years and Mother shall have odd-
numbered holidays in even-numbered years. Father shall have odd-numbered holidays in
odd-numbered years and Mother shall have even-numbered holidays in odd-numbered
years. These holidays shall supercede the regular schedule for visitation. Unless otherwise
agreed, the holiday visitation period shall begin at 8:00 a.m. and end at 8:00 p.m. The
arrangements for transportation and exchange of the child shall be the same as for the
weekend visitation.
Holidays:
1. Easter
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving
6. New Year's Eve and New Year's Day
A. Father has Good Friday as a vacation day, therefore Father shall
have partial custody of the child on Good Friday provided that Father is able to
take the child to church services on Good Friday. If Father is unable to take
the child to church services on Good Friday, then Mother shall enjoy Good
Friday with the child. If Father desires to enjoy Good Friday with his daughter
and will take his daughter to church services, Father shall notify Mother as to
I
NO. 99-6394 CIVIL TERM
when the church service will be concluded and Mother shall pick the child up
at Father's mother's residence one-half hour after the conclusion of the church
service.
B. The parties have agreed the Sunday before Christmas every
year Father shall have his daughter in the morning and early afternoon for his
special once-a-year celebration with his family. Mother shall have her
daughter every year in the late afternoon and early evening for her special
annual church Christmas party.
C. The parties shall alternate annually the Christmas holiday. In the
odd-numbered years, Father will have the child Christmas Eve from 5:00 p.m.
through Christmas Day at 1:00 p.m. and Mother shall have the child from
5.00 p.m.
Christmas Day numbered years, Moth w will have he cafter hild Christmas Eve 1:00 p.m.
through Christmas Day at 1:00 p.m. and Father shall have the child from
Christmas Day at 1:00 p.m. until the day after Christmas at 1:00 p.m.
D. Father shall have the child on Father's Day and Mother shall
have the child on Mother's Day. The time and transportation shall be the
same as for other superceding holidays, 8:00 a.m. through 8:00 p.m.
E. The child's birthday shall be alternated annually with Father
having the child for her birthday in the year 2003. The child's birthday is June
61h; this is often a school day. If the day is a school day, the Father shall have
the ability to get the child following school through 9:00 p.m. When the Mother
has the child for her birthday, Father shall be able to have a completed
telephone call with the child before the end of the day. If the Father has his
daughter for her birthday on June 6t", and it is also his weekend, Mother shall
be able to have a completed telephone call with the child before the end of the
day.
7, The Custody Conciliation Conference shall reconvene on May 12, 2003 at
Melissa Peel Greevy, Esquire, 301
8:30 a.m. at the office of the Custody Conciliator,
Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody
Conciliation Conference reconvenes that the physical custody schedule for the summer
Oschedule
may modify this that
reviewed. In
rder via
of he Custody Conciliation Conference, agreement as to
prior will be
Stipulation.
NO. 99-6394 CIVIL TERM
8. Daughter may telephone Father at the home of his mother or on his cellular
phone as she desires. At minimum, there shall be two (2) completed telephone calls per
week. One shall be initiated by the Father on Thursday evenings at approximately 8:30
p.m. One shall be initiated by the child on Tuesday evenings at approximately 8:30 p.m.
Unless otherwise agreed, the contact number for the child to reach Father shall be his
cellular phone.
9. The parties shall not use the child as a messenger for any type of message,
oral or written. The parties shall communicate with each other regarding basic visitation
arrangements.
10. Mother and Father shall be responsible for any ordinary everyday expenses
which occur during their Individual custodial periods with their child such as food, school
lunches, gifts which must be purchased during that time, and other minimum extraneous
purchases.
11. The parties shall continue to reside within the 30-mile radius of Cumberland
County, while the child is in school. Should either party desire to move a greater distance,
that party shall provide the other with a minimum of three months' notice and the reason for
the desired move. The parties will then discuss the proposed move and work toward a joint
decision regarding the modification of this Order.
12. The party with physical custody of the child shall keep the other party fully
aware and informed of any successes, difficulties, activities, emergencies, etc., with which
the child may become involved.
13. The parties shall be free to mutually agree and to alter and/or change the
terms of this Agreement.
BY THE COURT:
-K,
A. Hess, J.
Dist: Susan Kay Candiollo, Esquire, 5021 Trindle Road, Mechanicsburg, PA 17055 G m4*?'? p, / p• OZ
Diane M. Oils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 ?`?'
OCT 0 8 2002
RODNEY T. GOODLING,
Plaintiff
V.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Justina Lyn Goodling June 6, 1991 Mother
2. A Custody Conciliation Conference was held on September 24, 2002 at the
request of counsel for Mother. Present for the conference were: the Father, Rodney T.
Goodling, and his counsel, Susan Kay Candiello, Esquire; the Mother, Rebecca W.
Goodling, and her counsel, Diane Dils, Esquire.
3. Through counsel, the parties reached an agreement in the form of an Order as
attached. Most of the terms of the Order had been agreed to prior to the conference.
4. Terms upon which the parties did not agree related to the setting of the
summer schedule. Therefore, a plan was made to reconvene the Custody Conciliation
Conference In May 2003 so that the parties would have an opportunity to resolve the
summer schedule at a Conciliation if they had not yet reached an agreement on that Issue
by the Conference date. Because many of the parties to this Order and certainly the child
are in psychotherapy and/or counseling, it is anticipated that "PPnarties' view of the child's
best Interest for the summer custodial arrangement for the 03 A change overtime.
Date Melissa Peel Greevy, Esquire
Custody Conciliator
:163431
DEC 1 6 20D2
RODNEY T. GOODLING,
Plaintiff
V.
REBECCA W. GOODLING,
Defendant
HESS, J. ---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, this /.7 ' day of December, 2002, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
This Court's Order of October 10, 2002 shall remain in full force and effect with the
following modification: When the therapists for the Child, Step-mother and Father agree
that it is appropriate for their clients to begin family counseling together, the parties shall
comply.
BY THE COURT:
A. Hess, J.
Dist: /Susan Kay Candiello, Esquire, 5021 Trlndlo Road, Mechanicsburg, PA 17055
,/ Diane M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102
Pv .
,?
??
1.
i
` ,} .^
1? Y ?
?? ???r? y?
?/ ?3
?
? r r
} I
u?;. C:. (1l1]
' ? T ?r
? w
?).
1 L?
1 n?
0 ..?
??
+
I
e
1
E:
>;
;j3
11
z
,?
R
??
? h?
`,:R
"il
'1
t
(,Ij
X
`1
,'.
?f
DEC 692
RODNEY T. GOODLING,
Plaintiff
V.
REBECCA W. GOODLING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6394 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
Justina Lyn Goodiing June 6, 1991 Mother
2. A telephone conference with counsel for the parties was held on December 4,
2002. Participating were: Susan Kay Candiello, Esquire for Father; Diane Dils, Esquire for
Mother.
3. Counsel for the parties agreed to a modification of the existing Order which
appears in the form of Order as attached.
la? lD 2-
Date Melissa Peel Greevy, Esquire
Custody Conciliator
:165905