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'?Tnt Lf>_grft •t °? t ? y? , , , x 1 r r e +? t ? r,•r,.s ' .fir ? ?iy . ?a :nr f'j ! tiV ' r - i(xt ri x'fl ? t } ^j i.., :i. r V \ i t "r ?r I 1 '? ?t fd Nt'SYf ? t ??•.'lf e'? ?t .i?tl# •rrite 'J.??if Mi? t r ~t ,A ??,+ .. r r,( t ?.': ? ,i Y." ' Y? ?", 7.' f t){:' , 5y ,y,P t'4? t n71? ? )? ?rl ?.. ti r M1 x .. .r i Ictj.ti ?. } 'f?l{i ° F.V ^,.1?f{x fi}i ^1 , y r.,? --. :a t r?.. s ?} ? ;f 'ri' 4 r Sk`Lti k l t V fit t v?.r 1 ?t?'tti' rh w.? ., ti l w`?l,? ,iq t s ?.s ? xr +A Y w' ? . r ?r= l? //?? r 1 4 F { ? 1 f 1 x ?t x J,c , ) 'r slr r??;}r 1 ?rfw .fi t ?(a v 1 J`>,j,irT ? r tr it r, av BARBARA L. EMERY Clinton County Court House PROTHONOTARY LOCK HAVEN. PA 17745 and QI(ttit of Couttn Telephone (717) 893.4007 CERTIFICATE OF TRANSmnVAL OF REODRD 710.99- &yt.s' 7-x,, The undersigned, Prothonotary and Clerk of Courts of the Ommon Pleas Court of Clinton County, Pennsylvania, does hereby certify that annexed hereto is the whole and entire record in the following matter: #763-97 MISC SHELLEY MARIE KARICHNER VS. TODD WILLIAM DAY ( SEE ATTACHED DOCKET ENTRIES ) Clinton aunty, Pennsylvania Date: 7-26-99 R? ?9 Le.AOfe M. ?k,-bcnnp Gam, Sic x\31 r ti O\ ? }1?1 ?i O Q?. 1j) cAl J V .1 J U do 1 T PYS510 Clinton Countyy Prothonotary Ite-9g.Ly??rCrPage 1 Civil Cage 1ngtAlr•y 1997-00763 KARICHNER SHELLEY MARIE (ws) DAY -;ODD WILLIAM Reference No..% Filed........: 7/07/1997 Case Type.....: CUSTODY AND VISITATION Time...... 4:36 Judgment......: 00 E;:ecution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Dis?o•sed Date. 0/OQ/0000 ------------ Case Comments -------------- Hig?er Crt 1.: Higher Crt 2.: **yc########t<>Ktt>K#####t#####tt#t't#t#k#tttt##Kt#ttt#t#tt#tt###tt't*tt#?*#t*t#*'##t#t General Index. Attorney Info KARICHNER SHELLEY MARIE PLAINTIFF URBANO LENORE ESQUIRE 425 MT. ROCK ROAD NEWVILLE PA 17241 DAY TODD WILLIAM DEFENDANT 381 BEECH CREEK AVE MILL HALL PA 17751 ######Y####>K##*#*####*###bt#*W####t####M##tk#t#t####t##*#*#Xt#>k####Kbtk#>k###?C### * Date Entries #???##?###########?#**#######ttt*:k1Wtt*tt#:Kt?t*##:k>K#M#t*tttt##t###>Kt#?A>k#t###tt?# - - FIRST ENTRY - - - - - - -- - 7/07/1997 PETITION FOR WAIVER OF COSTS FILED BY FRED D. LINGLE, ESQ. ----------------------------------------------- 7/07/1997 COMPLAINT IN CUSTODY FILED BY FRED D. LINGLE, EGO. _ -V _ ------------------ ------------ 7/09/1997 ODER-DATED ?7-B-97. UPON CONSIDERATION OF THE FOREGOING PETITION IT IS ORDERED AND DIRECTED THAT THE PLAINTIFF BE PERMITTED TO PROHED IN THIS ACTION IN FORMA PAUPFRIS PURSUANT `FO PA.R.C.P. 240(F). BY THE COURT: RICHARD SAXTON, PJ CC: (3) COPIES TO ATTY. LINGLE. ---------------------------- --------- ---------------------------------- 7/09/1997 ORDER DATED 7-13-97, IN CONSIDERATION OF THE WITHIN PETITION A CONFERENCE IS SCHEDULED FOR 7•-29-97, AT 10:00 A.M. IN CR #2. BY THE COURT: RICHARD SAXTON, PJ CC: (2) ATTY. I-INGLE, (1) DEFENDANT. TODD WIIAM 7/11/1997 ON 7-11-97. AT RETURN (ORDER/COMPLAINT IN CUSTODYB).UPON ANKNEY, SHERIFF. ^ _ ___ _____ 7/15/1997 APPLICATION FOR CONTINUANCE FILED BY-CHARLES wROSAMILIA. ESQ. APPLICATION FOR CONTINUANCE IS GRANTED AND THIS CASE IS CONTINUED. COUNSEL ARE HEREI3Y ATTACHED FOR THIS PROCEEDING ON 7-30-97, AT 11:00 A.M. BY THE COURT: RICHARD SAXTON', FJ CC: ATTY. ROSAMILIA, ATTY. LINGI_E. __ _ ___ _ ___ _ _ ---------- 8/06/1997 COPY OF-A-LETTER TO-CHARLES R. ROSAMILIA, JR., .SO. FROM-FREDERICK D. LINGLE, EGO., FILED BY NANCY SNYDER, LAW CLFRK. NO COPIES. --------------- 11/17/1997 PETITION O WITHDRAW AS COUNSEL AND CERT'IF'ICATE OF-SERVICE UPON- PLAINTIFF AND UPON CHARLES ROGAMILIA, ESO, FILED BY FRED D. LINGLE, EGO. _____ __ __ _ _______ _______ _ 11/18/1997 ORDER: AND NOW%2 11111) 10TH DAY OF NOVEMBER. 1997. IN CONSIDERATION OF THE WITHIN r'ETITION, IT IS HEREBY ORDERED THAT FREDERICK. D. LINGLE, ESO. BE PERMITTED TO WITHDRAW AS COUNSEL FOR SHELLY MARIE KARICHNER. ?3Y THE CUUR! RICHARD SAXTQN. P.J. COP'IES TO: (1) ATTY. L.INGLF, (1) -1-0 PLAINTIFF d. (1) TO DEFENDANT. ------------------------------ 12/08/1997 PETITION FOR MODIFICATION OF PARTIAL CUSTODY/VISITATION ORDER FILED 11Y RANDY P. BRUNGARD, :SO. _ _ __ _"______________ 12/12/1997 RUE-rRETURNABLE (PETITION FOR MODIFICATION OF PARTIAL CUST/ VISITATION ORDER) ON 12-111-97 AT F.M. FOE: A HEARING BEFORE rh=- COURT FOR CLIO BY THE COUR.: J.M. >1I1_i..iFlt'90N, J CC: AT1Y. DRUNGARD, PLAINTIFF. _ __ _ -------- 12/10/1997 ORDER OF 11-iE. CQ ." -12 10 97, I S HEREBY ORDERED -i. FU L-LEGAL AND PHYSI AS Cif` F CIF rA MARIE Pr Cr,xr 'fCD Tn =`ATNER PENDING FiJh11cR i? Ah.Nb. ". 'i Cir? W1 'C`tFDtl-L (; I"MEDIATE HEARING Ui UN 07 L'A 1' I CN 0 ' M(1 i lr:R E 111 ?' `..i t DI:!c; r i Hr BY THE COURT J."•. :J i:(;i A.;Y. II'1"RUS r, Pi_'f=. A-TY. BRU^,GARD. PYS510 Clinton County Prothonotary Page 2 Civil Ca,ie Inquiry 1997-00763 KARICHNER SHF.L:_F:Y MARIE (vs) DAY TODD WILLIAM Reference No.. Filed....... 7/07/1997 Case Type.... CUSTODY AND VISITATION 'f:me.. 4:36 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desd.: Dir,osed Date. 0/00/0000 ------------ Case Comments ------------- Higher- Crt 1.: FILE 330--97, AND CT. ADM,:. Higher Crt 2.: 12/18/1997 NOTICE DATED 12-18-97, PLEASE BE ADVISED THAT THE ABOVE-CAPTIONED MATTER HAS BEEN SCHEDOLr-D FOR 12-23-97 AT 10:.:0 A.M. 'N CT#1 OF THE CC COURTHOUSE BEFORE THE HUNERADLE J.M WILLIAMSON. COPIES DISTRIBUTEa BY CT. ADMN. --------------------------------- 12/29/1997 INTERIM ORDER DATED 12-23-97, IT IS ORDERED. ON AN INTERIM BASIS. AS FOLLOWS: 1. THE PARTIES SHALL HAVE SHARED LEGAL COST OF THEIR MINOR CHILD. 2. PRIMARY PHYSICAL CUST SHALL BE WITH MOTHER, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS: (SEE FILE). 3. FATHER SHALL HAVE PARTIAL CUSTODY PRIVILEGES AS FOLLOWS: (SEE FILE) 4. CCC&YSSA IS DIRECTED TO SECURE THE SERVICES OF CUMBERLAND CO. TO DO A BRIEF IN HOME INVESTIGATION. 5. THIS MATTER IS fir:=ERRED TO BOB MEACHAM, M.S. WHO SHALL MEET WITH THE PART"IES AND ANY OTHERS HE DEEMS AP'P'ROPRIATE: THIS MA11'ER WILL. BE SCHEDULED FOR FURTHER HEARING FOLLWING TFI. RECEIPT OF MR. MEACHAM S REPORT. 6. TRANSPORTATION ----------- ---------------- _-----------------------------------•---------- 12/29/1997 CONTD. WITH RESPECT TO FATHER'S PARTIAL CUST SHALL BE SHARED WITH THE PARTIES MEETING AT 6:15 P.M. AT WAL.-MART IN SHAMOKIN DAM. 7. PARAGRAPH 3 AND 11 CF THE ORDER OF 4--7 '-97 ENTERED TO #330-97 IS VACATED. S. THE PARTIES SHALL DE SUBJECT 10 THE STANDARD CONDITIONS REGARDING SHARED CUST AND PARTIAL CUST. BY THE COURT: J.M. WILLIAMSON. J CC: ATTY. BRUNGARD, ATTY. URBANO, BOB MEACHAM, M.S., CAROL MILLER, CCC&YSSA, AND CT. ADMN. 2/02/1998 MEMO TO JUDGE WILLIAMSON, RANDY DRUNGARD, ESO. AND LENORE URBANO, ESQ., FROM ROBERT MEACHAM MS LICENSED PSYCHOLOGIST. ------------------------ ------------------•--------------------------- 2/09/1998 ORDER DATED 2--S-98, A FINAL HEARING IN THE ABOVE "TATTER SHALL BE FIELD ON WEDNESDAY, 2-25--98. AT 11:30 A.Y. IN CR 81 OF THE CC COURTHOUSE. BY THE COURT: J.M. WILLIAMSON. J CC: LENORE URBANO, ESU., RANDY FRUNGARD, ESO., CCC&YSSA, CT. ADMN. & 03:0-97 MISC. --------------------------- •---------------------------------------- 2/26/1998 ORDER OF THE COURT 2-25--90. IT IS HEREBY ORDERED: i THE PARTIES ARE DIRECTED TO COMPLY WITH THE PROVISIONS OF MR MEACHAM'S 2-28-98, MEMDRANDOM, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY Rc_FURENCE. 2 ALL OTHER PROVISIONS OF THE INTERIM ORDER OF 12-23-97 SHALL REMAIN IN EFFECT E%(-E='T AS INCONSISTANT WITH MR MEACHAM'S RECOMMENDAI"IONS. BY THE COURT: J.M. WILLIAMSON, J CC: ATTY. BRUNGARD, A".TY. URNANO, CCCYS, AND CT ADMN. FILE 3000-97 - 4/07/1998 ORDER DATED 4-6-98, BASED UPON THE ATTACHED CORRESPONDENCE, A - FURTHER HEARING IS SCHEDULED FOR 4-30-90, AT 1:7-0 PM IN CTN1 OF THE COURTHOUSE. BY THE COURT: J.M. WIL?-IAMSON, J CC: ATTY. HRUNGARD, A'17Y. URDANO, DEF.. AND CT. ADMN. -------------------------------------------------------------------- 4/24/1990 PETITON FOR MODIFICATION OF PART:AL CUSTODY AND CERTIFICATE OF SERVICE UPON RANDY Di2UNGARD, ESO. FILED BY LEN-ORE URBANO, ESO. --------------------- --•• -------- --- -- --- --- ------- ------ -----°----------- 4/24/1998 RULE RETURNABLE (CUSTODY) ON 4-?a-98. AT ':30 P.M. IN CT 01 OF THE COURTHOUSE. BY THE C0,iRT, J.M. WILLIAMSON. J CC: ATTY. DRUNGAr"D, ATTY. URBANO, DEF., AND CT. ADM.. -----------------•------------------------------ 4/75/1998 MEMORANDUM TO JUDGE W:LLIAMSON, FROM DENNIS WILSON, CASEWORKER --- -------- ----- - -- -- ---- - _----------------------- 4/29/1998 PETITION FOR EMERGENCY RE.L:EI"/REOUCST FOR HrcARING FILED DY LENORE M. URBAPJO, :1-11. 4/29/1998 ORDER DATED 4-29-90. ST :S ORDERED AND D.RECT D THAT THE FATHER'S CUSTODY OF THE PATi- iE:i NI .Ort CHILD, BE SIJ57T,,'KD, :'EKDING FURTHER HEARING ON 4-•3G-9E Al 1:::1J P.M. DY THi- COURT: J.M. WILLIAMSON,. J CC: ATTY. IiajNOARD, ATf1', C fiblNU, DF.-., A%D . ADMN. -------------------------- 5/01/1993 U h A-() 4 Sf IS U'tllrn D. r llINL ,Ui. HER PRLICEEDINGS. AS (O.Lilw.: t;iTi OFIT, .? O 9/ SnA..- R-CMIAN IN EFFECT PYS510 Clinton County 'rntrcnotary Page I::ivi1 Case Tngtury 1997-00763 KARICHNER SHELLEY MA:?IE (vs) DAY TODD WILLIAM Reference No.. r=iled........ 7/u7/1997 Cane Type..., CUSTODY AND VISITATION Time. ... 4:`6 Judgment.. 00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments -------- ---- Higher Crt 1.: Higher Crt 2 EXCEPT AS MODIFIED HEREIN. 7HE PARTIES SHALL CONTINUE TO EXERCISE PARTIAL OUST ON A 7 DAY ALTERNATING BASIS. (SEE FILE) 3. 3. FAIHER'S PARTIAL. CUST PRIVILEGES ARE REINSI"ATED AS OF 5-1-90. UPON THE COND THAT THE CHILD SHALL RESIDE AT THE PATERNAL GRAND PARENTS HOME & THE CHILD SHALL NOT BE ALONE WITH FATHER. 4. MOTHER'S RESUMPTION OF HER PARTIAL CUST PRIVILEGES SHALL BE CONDITIONED UPON DAVID NOREID:A VACATING THE RESIDENCE OF MOTHER PRIOR TO THAT TIME; (SEE FILE) 5. MOTHER'S REQUEST TO CHANGE HER ------------------------------------------------------------•------- 5/O1/1990 CONTD. RESIDENCE IS GRANTED. 6. THE PARENT HAVING CUST SHALL HAVE THE CHILD AVAILABLE FOR A PHONE CAt_C_ AT GPM ON FRIDAYS & ON MONDAYS: NO OTHER PHONE CONVERSATIONS SHALL BE PERMITTED. 7. THE EXCHANGE TIME SHALL HE AT 7PM AT THE SriAMOKIN DAM WALMARI. G. THIS MATTER IS REFERRED TO PAM MCC1.OSKcY. (SEE FILE) 9. CCC&YSSA IS DIRECTED & INSTRUCIED TO COPY THIS COURT ON ALL WRITTEN DOCUMENTS WITH REGARD TO THE ON GOING CHILD ABUSE CASE. BY THE COURT: J.M. WILLIAMSON, J CC: ATTY. UR13AN04 ATTY. BRUNGARD, PAM MCCLOSK: Y, BOB MEACHAM, CCC&YSSA, FILE #":.;:-t-97, AND CT. ADMN. 5/29/1990 TRANSCRIPT OF-THE-PROCEEDINGS HELD IN CT#1 ON 4--3U-98. BEFORE THE HONORABLE J.M. WILLIAMSON, AS REPORTED BY MONA M. SHOEMAKER. OFFICIAL COURT REPORTER --------__.-_-------------------------------------------------------- 7/13/1998 INVESTIGATIVE SPECIAL REPORT FILED BY PAMELA MCCLOSKEY, PSYCHOLOGIST 7/20/1998 ORDER DATED 7-16-9B, IT IS ORDERED THAT -A CONFERENCE WITH - COUNSEL SHALL BE HELD ON FRIDAY 6-•14-90, AT 11:00 A.M. IN CHAMBERS BY THE COURT: J.M. WILLIAMSON, J CC: ATTY. URBANO, ATTY. BRUNGARD, AND CT. ADMN. -------------------------------------------------------------------- 7/23/1998 TRNASCRIPT OF PROCEEDINGS HELD IN CR #1 OF THE CC COURT HOUSE ON 12-23-97, BEFORE THE HONORABLE J.M. WILLIAMSON. AS REPORTED BY DEE ANN CRISSMAN OFFICIAL COURT REPORTER. (ORIGINAL IS FILED TO 14330•-97 MISC; ------------°------------- ---- ----------- ------------------------ 0/11/1990 MEMO TO JUDGE WILLIAMSON, FROM PAMELA G. MCCLOSK:EY PSYCHOLOGIST 8/17/1990 ORDER DATED-fl-14-98. IT IS HEREBY ORDERED AS FOLLOWS: 1. THE CT. ADMN. SHALL SCHEDULE THIS MATTER FOR AN ADDITIONAL 2 HOUR HEARING DURING THE 1ST WEEK IN SEPTEMBEF,. PARAGRAPH 4 OF THE ORDER OF 4-30-90 IS VACATED, IT DPING THE INTENTION OF THE COURT THAT DAVID NOREIKA MAY RESUME CONTACt1' WITH THE CHILD. 3. I"NE PATERNAL GRANDPARENrS ARE REMINDED OF THEIR OBLIGATION TO PREVENT FATHER FROM BEING ALONE WITH THE CHID UNTIL 1=URli'ER HL-•ARING. BY THE COURT: J.M. WILLiAMSON, J CC: LENORE URNANO, ESO., RANDY P. BRUNGARD, ESO., AND C'i. ADM'- --------------------------------------- 8/17/1998 MEMO DATED-8-17--99, AT 9:01) A.M. INCT#1 BEFORE THE HONORABLE J.M. WILLIAM05N. J CC'. PLC-., DEF.. ATTY. URBANO, ATTY. BRUNGARD, AND CT. ADMN. ----------------------- _ ------------------ 9/04/199E3 ORDER-DATED 9--4-90.RIT IS ORDENFI) 1 THE rAR71ES SHALL HAVE SHARED-- LEGAL CUST OF THE, MINOR CHILD. PRIMARY PHYS. CUST SHALL BE WITH MOTHER SUBJECT I"0 1 -1-iE FQI.LOW1tiG SPECIAL CONDITIONS: (SEE FILE) FATHER' S .-,ALL. HAVE PARTIAL C"US. pROVILE625 AS FOLLOWS: (SEE FILE) 4 MOTHER HAVE CHI- AVA'IL.AC;:_k_ FOR A TELEPH64E CA:_L AT 6:00 PM ON [FRIDAYS AND MONDAYF,. ''• r'ON MCCP OSF:EY SHALL SELECT A THERAPIST IN MOTHER'S rLACE OF RES:DED:CF. "(il I'KOV:DF SUCH COUNSELINE, SERVICES TO CHILD AS MAY BE REOljj,-,,FD; 'CFt:_ OF SUCri COUNSELING SHALL- 131: BORNE- BY THE PAR_ IcS. By THE COURI": J.M. DIILLIAMSON, J CC: ATTY. URDANO, AT"CY. Itf2UNGA\D, F'AM NCI:LO5I<EY, C&Y, AND CT. ADMN. 10/07/19'10 A' 2 O =INA: Oith. I'L D LiY THE COU+ J.M. WILLIAMSON. J CC'. A"-CY. URDANCI. A;'iY LRUI16ARD. A'D Cl_. AD2',%. OF "I, !_ I':a}i.ELDi^:i r.. _I_D :C? CINl OD: 94 V3, B i='O{iE THE I: raw..... m. v.-_. ..._ ?ti.. -.. '<: PYS510 Clinton County Pr-ntnono.ary Page 4 Civil Case inquiry 1997-00763 KARICHNER SHELLEY MARIE (va) DAY TODD WILLIAM Reference No..: Filed........: 7/07/1997 Case Type.....: CUSTODY AND VISITATION Time...... 4:36 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Dispposed Date. 0/00/0000 --- Case Comments ------------- Higtrer Crt 1.: Hinner Crt- 2.: HONORABLE J.M. WILLIAMSON, AS REPORTED BY MONA SHOEMAKER, OFFICIAL COURT REPORTER -------------------------------------------- °--------------------- 1/13/1999 PETITION FOR VISITATION P=NDING OUTCOME OF CRIMINAL MATTER, STATEMENT OF NON-CONCURRENCE, AND CERTIFICATE OF SERVICE UPON JOSEPH L. AMENDOLA, ESO.. DA MCKNIGHT AND LENORE URBANO, ESO., ON 1-13•-1999, FILED BY RANDY P. SRUNiARD, ESO- 1/18/1999 MEMORANDUM DATED 1-11-99 TO JUDGE WILLIAMSON FROM PAM MCCLOSKEY, LICENSED PSYCHOLOGIST. _ - - - 1/18/1999 RULE RETURNABLE (CUSTODY) ON 2-16-99 AT 1:30 P.M. IN CT#1. BY THE COURT: J.M. WILLIAMSON, J CL DA MCKNIGHT, ATTY. AMENDOLA, ATTY. DRUNGARD, AND ATTY. URBANO --------------------- --------------------------------- 2/17/1999 ORDER DATED ^-16-991.-PAMELA-MCCLOSKEY PSYCHOLOGIST SHALL SECURE A REPORT FROM THE CAI DS TREATING PSYCHIATRIST WHICH ADDRESSES THE EFFECT ON THE CHILD OR THE CHILD'S PEDIATRIC TREATMENT IS PARTIAL COST. PRIVILEGES WERE REINSTATED. MOTHER AND FATHER SHALL EXECUTE ALL CONSENTS NECESSARY TO ENABLE MS. MCCLOSKEY TO ACCOMPLISH HER TASK. BY THE COURT: J.M. WILLIAMSON, J CC: ATTY. URBANO ATTY. BRUNGARD DA MCKNIGHT, ATTY. AMENDOLA, PAM MCCLOSKEY, COURT ADMN. AND CR. 424,-98 ------------------------------------------------------------°----- 3/22/1999 MEMO TO JUDGE WILLIAMSON FROM PAM MCCLOSKEY, PSYCHOLOGIST 4/16/1999 ORDER DATED 4-15-99, IT 'S -ORDERED AS FOLLOWS: 1. SUSAN -LANE --PH.D. THE CLINICAL PSYCHOLOGIST WHO WAS PROVIDING INDIVIDUAL THERA&Y TO THE CHILD, IS DIRECTED TO SUBMIT TO THIS COURT A REPORT WHICH ADDRESSES THE EFFECT ON THE CHILD/CHILD'S TREATMENT IF PARTIAL CUST PRIVILEGES WITH FATHER AND/OR THE PATERNAL GRANDPARENTS WERE TO BE REINSTATED. 2. COUNSEL FOR MOTHER SHALL SUBMIT TO THE COURT A TREATMENT PLAN FOR THE CHILD( IF SAID TREATMENT PLAN IS NOT FORTHCOMING WITHIN (10) DAYS, A FURTHER EVIDENTIARY HEARING WILL BE HELD. BY THE COURT: .1.M. WILLIAMSON. J CC: URSANO. BRUNGARD, MCKNIGHT, AMENDOLA, PAM M.CCLOSK:EY, SUSAN LANE PH.D., 0423-9SCR, CT. -------------- 7/20/1999 ORDER DATED 7-20-99, FATHER'S PARTIAL CUST. IS SUSPENDED UNTIL FURTHER ORDER. 2 THE CASE IS TO DE TRANSFERRED TO CUMBERLAND CO AND SHALL BE FILED AS THE EXPENSE OF THE PLF. - 7/26/1999 **CASE-TRANSFERED TO CUMBERLAND-COUNTY-PER ORDER OF THE COURT** - ..- - •- - - .- - - -- - - -• LAST ENTRY -- - - - - - - - - - - - - - :K#Y?*?1k*1ck:k7K1*?K7Rt*Mk?fE7Kf?f:#??#?MX#BcY?fMMW.1?MN?k?fY?*1t?1?t??%#?*??KM*W7k??X*??Y1k End of Case information 1KX<?#**#7kK1k?#ftKf'?t*'K?t#?KKW?YKI?KMMt?k?kR'K*'IK?t*??*XY'K.'A??M*?#Y:A:???#?K???***#??Ik***?# f r Q? r r' N is'?il Cs s, F• O i,, ?? a: u '/,, 1e. V(?, Gv6S'Cw -T: IN THE COURT OF COMMON PLEAS Of CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C" a ?+ SHELLEY MARIE [CARICHNER, ) >-- ?e wCC Plaintiff ) z m w I NO. 763 - 97 (Nc.) c" JO ? Q V. ) x CUSTODYNISITATI" CCCC TODD WILLIAM DAY, ) v Co Defendant ) NOW, this 20th day of July, 1999, Defendant having entered guilty pleas with respect to criminal charges involving the subject of these proceedings, IT IS HEREBY ORDERED as follows: 1. Father's partial custody privileges arc suspended until further Order 2. Because the medical witnesses in this matter are located at the Penn State Geisingcr Health Center in Hershey, Pennsylvania, jurisdiction of this case is transferred to Cumberland County, the child's current county of residence, and the Clerk of Courts is directed to transfer this file at the expense of Plaintiff. BY THE COURT: J. J. MICHAEL WILLIAMBON 11 xc: ,Lenore M. Urbano, Esquire JUDGE L RUndy P. Brungard. Esquire 00007 Or COOMOM I4AA 81TH JUDICIAL DISTRICT yourt of Common Pleas of Cumberland County °"`HH'TL""H'A court Administrator eouAr HODU LOCH NAVCN. IA 17146 IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, _ Plaintiff NOV.-97 CUSTODY (MISC) VS. i -? TODD WILLIAM DAY, n n Defendant J Li L1.3. V V V ?7 ORDER AND NOW, this 7 day of July, 1997, in consideration of the within Petition, awCmbq?lgis scheduled for ,,/y ?4 1997, at /O: oo o'clock f}.M. in Courtroom Number L COURT: " /?.. J. IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, q6.5 Plaintiff NO -97 CUSTODY (MISC) VS. TODD WILLIAM DAY, Defendant COMPLAINT IN CUSTODY= TO THE HONORABLE, THE JUDGE OF SAID COURT: _- rxi 4 ' rna: 1. The Plaintiff is Shelley Marie Karichner residing 41'. " West Keller Street, Caetanea, Clinton County, Pennsylvania. 2. The Defendant is Todd William Day residing at 381 Beech Creek Avenue, Mill Hall, Clinton County, Pennsylvania. 3. The Plaintiff seeks custody of the following child, Katie Marie Day, female, born April 20, 1994, and presently residing with Plaintiff at 306 West Keller Street, Caetanea, Clinton County, Pennsylvania. The child was born out of wedlock. The child is presently in the custody of Plaintiff. During the past five years the child has resided with the following persons and at the following addresses: From April 1994 to August 1994 with Shelley Marie Karichner and Todd William Day at Pine Street, Mill Hall, Pennsylvania. From August 1994 to June 1996 with Shelley Marie Karichner and Todd William Day at 39 Butler Street, Mt. Holly Springs, Pennsylvania. From June 1996 to December 1996 with Shelley Marie Karichner and Todd William Day at 381 Beech Creek Avenue, Mill Hall, Pennsylvania. From December 1996 to February 1997 with Shelley Marie Karichner and Ron and Beverly Karichner at 119 Greenhouse Road, Dillsberg, Pennsylvania. From February 1997 to May 1997 with Shelley Marie Karichner and Charlie Cooper, Jr, at 36 Old Hall Road, Lock Haven, Pennsylvania From May 1997 to the present with Shelley Marie Karichner and William Zerbe at 306 West Keller Street, Castanea, Pennsylvania. The mother of the child is the Plaintiff, she is single. The father of the child is the Defendant, he is single. 9. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: William G. Zerbe her boyfriend and Carrie and Ryan Zerbe, his children. Her boyfriend having primary custody of his children. 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with no other persons. 6. 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. Except that a Protection from Abuse Action to number 330-97 in Clinton County dealt with the issue of Custody as a secondary issue. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. Except that the paternal grandparents of the child were given some partial custody rights with the child when the parties were residing in Cumberland County, Pennsylvania. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Your Plaintiff has been the primary custodian of the child and has provided the primary care of the child for her entire life; and B. Plaintiff is better able to care for the educational, emotional and moral needs of the child. a. 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. There are no other persona who are known to have, or claim a right to custody or visitation of the child except as stated above. I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. asU Ilu FlmJinvma: da?.,x-, L) i rche Plaintiff vs. -radhbilligm Defendant IN THE COURT OF COMMON PLEAS CLINTON COUNTY, PENNSYLVANIA NO. (,OZ- q-) (MISC) CUSTODY/VISITATION AND NOW; this _ day of 1997, upon consideration of the fo egoing Petition and Affi avit, it is ORDERED and DIRECTED that 9661, be permitted to proceed in this action in forma pauperis pursuant to Pa. R.C.P. 240 If). .11Ji. J Iu .J nil J (13) ?" (J L L LO cWh4 h Plaintiff VS.( Defendant I IN THE COURT OF COMMON PLEAS CLINTON COUNTY, PENNSYLVANIA NO. /U8- / > IMISCY1 CUSTODY/VISITATION = m ,, I:J: l Jl, ? J J PETITION FOR WAIVER FOR COSTS ? lu ? «. W IJ J •J :: lr 1. 1 am the (Plaintiff/Defendant) in the above matter and because of my (underline correct one) financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) NAMES L C+P.1 L r e ADDRESS: n eL)er1 CN nee r?? 1')qG SOCIAL SECURITY NUMBER; J la - lCD `I NO (b) EMPLOYMENT If you are presently employed, state: EMPLOYER: ADDRESS: SALARY OR WAGES PER MONTH: TYPE OF WORK: (B) If you are presently unemployed state: DATE OF LAST EMPLOYMENT: Rod I `1 1 SALARY, OR WAGES PER MONTH: G e &A '15Q,a'rtyg4h net. TYPE OF WORK: ?(?CetU -k tclyC (c) OTHER INCOME WITHIN THE PAST TWELVE MONTHS M BUSINESS OR PROFESSION: $ OTHER SELF-EMPLOYMENT: $_? INTEREST: $ X) DIVIDENDS: $ PENSION OR ANNUITIES: $ SOCIAL SECURITY BENEFITS: $ ? - SUPPORT PAYMENTS: S In J ?) r to DISABILITY PAYMENTS: UNEMPLOYMENT COMPENSATION: $ WORKER'S COMPENSATION: $ PUBLIC ASSISTANCE: $ff gal UP. ' CL??vvps OTHER: $ (d) OTHER CONTRIBUTIONS TO HOUSEHOLD SUPPORT HUSBAND/WIFE- NAME: W19 If your (husband/wife) Is employed state: EMPLOYER: M11 SALARY OR WAGES PER MONTH: $ ed? (9) TYPE OF WORK: [l 19 CONTRIBUTIONS FROM CHILDREN: $ z? CONTRIBUTIONS FROM PARENTS: $ _ OTHER CONTRIBUTIONS: (e) PROPERTY OWNED CASH: $ 0 CHECKING ACCOUNT: $ 6 //D/K SAVINGS ACCOUNT: $ ec / r)x ' CERTIFICATES OF DEPOSIT: REAL ESTATE (HOME OR LAND): VALUE: $ _ HOW MUCH IS OWED: S WHERE LOCATED: TAXES: $ / ne- PER YEAR MOTOR VEHICLE: MAKE: OL) C _ YEAR: COST: AMOUNT OWED: STOCKS, BONDS: $ = OTHER: $ DESCRIBE: (10) r (fl DEBTS AND OBLIGATIONS PER MONTH MORTGAGE/RENT: S? (,`fd?? UTILITIES: ELECTRIC: $ ; WATER/SEWER: $ OIL/GAS/COAL: S ; PHONE: $ TV CABLE: $ ; GARBAGE: $ OTHER: $ LOANS: $ CREDIT CARDS: $ , deE FOOD: $ ; Jl A) _ on NON-FOOD: S [J ?{ iape n S CLOTHING: $ l l .fin I1 ?l'IIUr_?n?eSen41 CHILD SUPPORT: $ CHILD CARE: $ TRANSPORTATION COSTS: $ CAR PAYMENT: $ REPAIR COSTS: $n MEDICAL BILLS: $ PRESCRIPTIONS: $ BACK TAXES: $ (Personal, Real Estate) MISCELLANEOUS HOUSEHOLD EXPENSES: $ (11) r (g) PERSONS DEPENDENT UPON YOU FOR SUPPORT CHILDREN, IF ANY: / NAME: ' n1fif l AGE: (im S NAME: AGE: NAME: NAME: AGE: AGE'." OTHER PERSONS: NAME: RELATIONSHIP: 4. 1 understand that I have a continuing obligation to Inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. I verify that the statements made in this affidavit are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 44904, relating to unsworn falsification to authorities. Date: Signature f laintiff (12) DATE RECEIVED DATE PROCESSED 4): SHERIFF'S DEPARTMENT CLINTON COUNTY, PENNSYLVANIA COURTHOUSE, BASEMENT, LOCK HAVEN, PA 17745 SHERIFF SERVICE I INSTRUCTIONS: Po PROCESS RECEIPT, and AFFIDAVIT OF RETURN 'ins legibly, insuring readability of all Copies Do not detach any cop,ee ' CCSD ENNV! a 3S/_ 9 ? chner, Shelley Marie 763-97 Todd William Order/Complaint Custody SERVE 5 NAM OF}tJN IVI UA COMPANY, CORPORATION, ETC, TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHEO OR SOLD. O? ?7I?LIAM DAY e.AOpnessYAT oBE HmeRE$DI? AVE9LIEteaMhit ZIP Cod ILL eIfALL, PA 17751 7 INDICATE UNUSUAL SERVICE' PERSONAL PERSON IN CHARGE I_JOEPUTRE UCERT. MAIL LJREGISTERED MAIL UPOSTED UOTHER NOW, 19_, I, SHERIFF OF CLINTON COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof ao?ording = to law. This deputation being made at the request and risk of the plaintiff. r sHERdF OF CIMTON COVNTT•_ S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CY) NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.O. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching anyyaopony rivaer within WpkL may leave same without a watchmen, In Custody of whomever Is found in possession, after notifying person of levy or attachment Wlthbyl liability Of the part Of such deputy of the Sheriff to any plaintiff herein for any loss, destruction or removal of any Such property before shenfls' Sale III I -y 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of. []PIAINTIFF FRED LINGLE If. 7/11/97 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I acknowledge receipt of the writ CHARIGNU SAM d CCSD Deputy or lI1CK 1 N'F 13. Data T1161/97 le. Erprcaylly lrp9 12• as indicated above a• Sr1CE(1 N'F 11 ``JJ// ``!! PC Complaint / 15. 1 hereby CERTIFY and RETURN that 1.21 ave personally owned, ?have served person in charge. O have legal evidence Of senke e, Shown in "Remarks" ton reverts) [I have pealed the above described property with the writ or Complaint described on the individual, company. Corporation, ale.. at the eddress shown above or on the individual, company. corporetloa, etc., at the address inserted below by handhI Posting a TRUE CHATR4 MCW!'"WOKNEY .. I-1 . ___.,.. __.._...._ . um arwiun h--.s r sin ..I rn Torsi. Ih.,ndnidual. company. corporation, etc, named some (Sae remarks below) t1. Name and title of individual nerved 16. A Parton of suitable a0e and dnceuo^ Read Order n e dereroam SUSUaI Pace then rlsbrcq Ml f o b ?) 1 r of abode J 15. Address of where served (complete only it ditto ie than shown above) ISOeeI or RFD. Apartment No, Cmy. 13 0. Twp . 20. Date of SONIC, 31, Time State and ZIP Code) ;? : 35P e~ 22. ATTEMPTS Dab Miss DaP• Int. Date M"o D.P• Int. Dale Miles Oap. Int. Gala Miles D.P• Int. Dab Mlles Bass. Int. 25 26 21. Total Costs 25. COST DUE OR REFUND 23. Advance Costa 2a. AFFIRMED and sublChbed to berme me this day of 19 MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUT14011ITY AND TITLE ••???/yf??_ // soI !Al?4?t rr By 19rrSmVDep Snenn)IPlease 39 i PROTHONOTARY CLINTON COUNTY COURT OF COMMON PLEAS APPLICATION FOR CONTINUANCE x CIVIL ' _ CRIMINAL Shelley Marie Karichner ) Plaintiff ) VS. ) Case No. 767-97 Todd William Day ) Defendant ) MISC. 1. This application is hereby made to continue the _ trial / x hearing /. argument / _ conference /-sentencing scheduled for July 29, 1997 in the above referenced matter. II, Basis for this application: Attorney previously scheduled for hearing at the same time in Clinton ?(',nunI Court Room 111 10.00 n m n.ly 79 1997 Party requesting continuance: Todd W. Day Counsel for moving party: Charles R. Rosamilin jj crf V add Application is ({ not opposed) for the following reason(s): _ OppnginB rn,inqpl ni h hearing rescheduled ASAP. ~ y ?? J c: ? opposing Paw. Shelley M. Karichner %; ^^ ;v SignaaueofOpposing Counsel: Fred Lingle (per telephone) IJ --7 IV, APPLIES TO C MI NAL CASES ONLY: THE DEFENDANT ADMITS THAT HE/SHE (WOWS THAT H EISHE HAS A SPEEDY TIDAL RIGHT TO HAVE TM CASE TRIED WITHIN Ito DAYS FROM THE DATE THE CRDINAL COMAINr AGAINST HWIEK WAS FILED WITH THE DISTRICT JUSTICE AND THAT HE/SHE HEREBY GIVES UP THAT SPEEDY TRIAL IUGtrr TO HAVE HISMER CASE TR1EDWIT I N THE Ito DAYS FOR THE PERIOD OF THIS CON IINUANCE, IF IT B GRANTED. THIS CONTINUANCE O REQUESTED TO AND (NCI UDINO (MONno (DAY) (YEAR) Defendant must sign here: I hereby certify that 1 have "advised the above defrndaat of his/her speedy trial rights under PA.R.CrimP 1100 relative to the above continuance request I believe his/her request isvohntaty, (mowing and intelligem and 1 hereby Join in this application. Signature of Defense Counsel: V. Action taken by Court: AND NOW, this 114 day of 199 The application for continuance is denied The application for continuance is granted MdG this case is continued Counsel are hereby attached for this proceeding on 4 1 /f (DA ) M(66'' SIGNATURE) . -., 11 FREDERICK D. LINGLE A170RNEY AT LAW 310 EAST WATER STRE'E'T LOCK IIAV1;N, PENNSYLVANIA 17745 I l'ICIIINIIIC r-I a% (717)749.9395 .L (7f3?749. 776'V lLR _ August 1, 1997 J al_ S Charles R. Rosamilia, Jr., Esquire ' 241 West Main Street Lock Haven, PA 17745 RE: KARICHNER V. DAY CUSTODY 763-97 Dear Charlie: I am faxing this to you so that we can hopefully submit it to Judge Saxton at the earliest possible time. I believe that I have covered everything which we discussed and agreed upon. If there is something which I did erroneously or forgot please contact me at once and I will change same. Upon your notifying myself that it is acceptable, I will prepare a final copy for our signatures for submission to Judge Saxton. Thank you. Sincerely, 4 J' Frederick D. Lingle FDL/cjb CC: PRESIDENT JUDGE, RICHARD N. SAXTON t IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW i SHELLEY MARIE KARICHNER, Plaintiff NO.: 763-97 _ a m a. rs Y. VS. w c? TODD WILLIAM DAY, J J Defendant ?, a r a:C ORDE x ° 'i AND NOW, this /p day of November, 1997, in considerati n of the within Petition, IT IS HEREBY ORDERED that Frederick D. Lingle, Esquire, be permitted to withdraw as counsel for Shelley Marie Karichner. BY COURT: P.J. IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff NO.: 763-97 VS. s TODD WILLIAM DAY, : Defendant ORDE AND NOW, this day of November, 1997, in consideration of the within Petition, a rule is hereby issued upon Shelley Marie Karichner, to show cause why, if any, the relief in the within Petition should not be granted. Rule returnable: DATE: TIME: PLACE: CLINTON COUNTY COURTHOUSE COURTROOM NUMBER: 2 BY THE COURT: P. J. IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff NO.: 763-97 VS. a m a x TODD WILLIAM DAY, >' 0_ Sw Defendant H7 U10 ? U10 ?y -2C N v . PETITION TO WITHDRAW AS COUNSEL o v= TO THE HONORABLE, THE JUDGE OF SAID COURT: ? o y The Petition of Frederick D. Lingle, Esquire, respectfully represents: 1. On July 7, 1997, the Plaintiff in the above-captioned action filed a Complaint in Custody. 2. A hearing was scheduled for July 29, 1997. 3. Your Petitioner represented the Plaintiff in the above 3 fi matter with the agreement that monthly payments would be made on the ; ;z account.< 4. To date no payment has been received and the outstanding balance owed to Your Petitioner is $482.00. WHEREFORE, Your Petitioner respectfully requests Your Honorable Court to enter an order dismissing his as counsel for the r 7'a Plaintiff, Shelley Marie Karichner. Reaps fully sub tted: y rederick D. Lingle, Esquire IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff NO.: 763-97 m = r I nW:'d VS. -w TODD WILLIAM DAY, = N r? Defendant J } MCC ?Xc. CERTIFICATE OF SERVICE t j -° I, Cheryl Brookens, hereby certify that I served a true and correct copy of the within Petition upon Shelley Marie Karichner, by mailing same to her address at 119 West Greenhouse Road, Dillsburg, Pennsylvania, 17019, and upon Charles R. Rosamilia, Jr., Esquire, by placing same in his box at the Prothonotary's Office, Clinton County Courthouse, on November 17, 1997. Date: Cheryl rookens 4;- a ' a of „ y f IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, ) Plaintiff ) o? VS. ) No. 763-97 CUSTODY (MISC.) TODD WILLIAM DAY, ) Defendant ) ORDER OF COURT You, SHELLEY MARIE KARICHNER, have been sued in Court to modify custody of KATIE MARIE DAY, born April 20, 1994. You are ordered to appear in person at the Clinton County Courthouse, Lock Haven, Pennsylvania, on 1997, at 3 o arr./p.m., for A conciliation or mediation conference. A custody/prctrialconference. t? A hearing before the Court for Custody 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. 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's Office Clinton County Courthouse Lock Haven, PA 17745 (717) 893-4016 AMERICANS WITH DISA11111TIFS ACT OF 1990 The Court of Common Pleas of Clinton 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 oOZro. All arrangements st be made at least 72 hours prior to any hearing or business before the Court. You must atto cheduled co erence or h ring. Date: I ?-• I I • q•1 ByThe C Curt: J. y v i. IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff ) VS. ) No. 763-97 CUSTODY (MISC.) c „ TODD WILLIAM DAY, ) M Defendant PETITION FOR MODIFICATION OF PA RTIAL CUSTODYNISITATION ORDER 1. The Petition of Todd William Day, respectfully represents that although there was a Custody Petition filed by the Plaintiff on July 7, 1997, at the scheduled hearing for July 29, 1997, no Custody Order was entered to the above court term and number as the court expected the parties to work something out and submit it to the court. 2. The only Order that is in existence was a result of a PFA Petition filed by the Plaintiff to Number 330-97 that resulted in an Order of April 3, 1997 that included provisions regarding custody. A copy of that PFA Order is attached hereto and marked as Petitioner's Exhibit No. 1. 3. Within one (1) week of the July 29, 1997 hearing, the mother, without notice, moved to what we believe to be the Dillsburg area and took the child with her. 4. For a period of three (3) weeks following the July 29, 1997 hearing, mother would not allow father to get the child. 5. Since late August of 1997 the parties had worked out a schedule where father, who works the Coming swing shift, would have the child on his days off, picking up the child at 7:00 p.m. at the beginning of his days off and returning the child at 7:00 p.m. at the end of his days off schedule, with the parties meeting in Selinsgrove to exchange the child. G. Up until early in November of 1997, mother never supplied father with any phone number other than her parents' phone number in which to contact her, and it was at that time that mother supplied an address. 7. In early November, mother did supply father with an alleged work telephone number, which turned out to be ineffective, as mother no longer worked there. 8. As of the date of the filing of this Petition, the only means of contacting mother is by contacting her parents in Dillsburg. 9. The current Order should be modified because: A. Since January of 1997, mother has lived at at least seven (7) different residences; B. Mother has lived with at least four (4) different men besides the father; C. Mother is unable to maintain a steadyjob, having worked at least four (4) different places, including driving vehicles that would require her to stay out of town at least two (2) days a week; and D. Father would be able to supply a stable environment for the child. IVHEREFORE, Petitioner requests that the Court modify the existing Order and grant him primary physical custody because it would be in the best interest of the child. ROSAMILIA & BRUNGARD BY: ? Rand. Esquire Attorney for Petitioner, Todd W. Day 241 West Main Street Lock Haven, PA 17745 (717) 748-5572 Attorney I.D. No. 32102 VERIFICATION STATEMENT I verify that the facts contained in the foregoing Petition 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. I Dated: 'w IN THE COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA MISCELLANEOUS SHELLEY MARIE KARICHNER Va. TODD WILLIAM DAY SS# 180-46-7801; 2/28/69 ) y :n No. 330-97 ? S. No. 763-97 .v ORDER OF THE COURT NOW, December 18, 1997, the child being physically MICH%LL WILLIAM3 Juccr. :e, i,cetwe •f•mr CI rl\M1\/IV.M ?u....f Mlull lOC! INVLI,. r4 1)1 u located within Clinton County and Mother having failed to appear for the hearing scheduled this date, IT IS HEREBY ORDERED as follows: 1. Full legal and physical custody of Katie Marie Day born April 20, 1994, be granted to Father pending further hearing. 2. This Court will schedule an immediate hearing ;•, upon notification by Mother that she desires the same. {} xl? ,$?? n54 ,?. BY-T COURT: J. MICHAEL WILLIAMSON *?7:°n A JMW/mms ??'"tt z zi >? i F J. fAICNAEL WILLIAMS0 4 F`rF? moat v coua or eo..NOV rtw - !fl N JVOILI{L OIBlI11Ci Cr rf4Nl RV{N?{ C'Uht House LOCK IIAVLN, rA 17110 i f 1 j IN THE COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA MISCELLANEOUS SHELLEY MARIE KARICHNER ) NO. 763-97 (Misc.) VS. ) 6 K? TODD WILLIAM DAY ) NO. 330-97 (MISc.) = rz Yom,, . tJ Y ,? y O L ' ` INTERI o M ORDER 4d " v o NOW, December 23, 1997, following the taking of some testimony and in anticipation that this matter will be referred to Robert Meacham, Licensed Psychologist, IT IS HEREBY ORDERED, on an interim basis, as follows: 1. The parties shall have shared legal custody of their minor child, Katie Marie Day, bom April 20, 1994. 2. Primary physical custody of Katie shall be with mother subject to the following special conditions: A. Mother shall secure telephone service in her home by January 3, 1998 or submit to the Court an alternative proposal to guarantee timely communication between the parents. J. MICHAEL WILLIAMSON B. Mother shall advise the Court, in wTiting, of the identity of anyone who quo°c COURT or COMMON K,Al, 201" IUDICI"l DISTRICT resides with her in her home. OI IIMM"RY"NI" ' COURT MOU19 """Y`N' P" 17745 C. Mother shall continue to maintain her residence at Mount Holly Springs. D. Mother shall refrain from taking the child to any Counselor, Psychologist, Social Services Worker or any third party without specific written permission of the Court; the Court will consider a further Order with regard to Counseling upon the receipt of reports from any Agency which suggests the child needs such counseling. 3. Father shall have partial custody privileges as follows: A. From December 29, 1997 at 10:30 A.M. until January 4, 1998 at 6:15 P.M. B. For three days during the periods when father has two days off and for four days during the periods when father has four days off, father's partial custody privileges shall begin at 6:15 P.M. on father's last day of work; father shall provide reasonable advance notice of his work schedule. 4. The Clinton County Children & Youth Social Services Agency is directed to secure the services of Cumberland County to do a brief Home Investigation. 5. This matter is referred to Robert Meacham, M.S., Licensed Psychologist, who shall meet with the parties and any others he deems appropriate; this matter will be scheduled for further hearing following the receipt of Mr. Meacham's report. 6. Transportation with respect to father exercising his partial custody privileges shall be shared with the parties meeting at 6:15 P.M. at Wal-Mart Store in Shamokin Dam, Pennsylvania. 7. Paragraphs 3 and I I of the Order of April 3, 1997 entered to No. 330-97 is J. MICHAEL WILLIAMSON JUDGE vacated. COONt OF COMMON,,,,. JOIN JUDICIAL OIIINICt Or tINNIVLNANIA COU,I NOUII 8. The parties shall be subject to the Standard Conditions Regarding Shared Custody LOCK HAVEN. PA 1774E 1 1 and Partial Physical Custody Orders, a copy of which is attached hereto and incorporated herein by reference. E COURT LLIAMSON, J. JMW/dap cc: 1 -Randy P. Brungard, Esq. J.enore Urbano, Esq. __Robert Meacham, Licensed Psychologist Carol Miller (Scheduling) -Clinton County Children & Youth Social Services Agency L- Court Administrator Ll? J. MICHAEL WILLIAMS, JUDOS COUNT 01 COMMON 1LLAL LOT" JUDICIAL 01610161 OI 19MMSYLVANIA COUNT MOOLC LOCK HAVLN. PA 11145 i STANDARD CONDITIONS REGARDING SHARED CUSTODY & PARTIAL PHYSICAL CUSTODY ORDERS -- December 1, 1996 Access to Records: Both parents shall have full access to medical, dental, psychological, educational, and religious records. Each parent may obtain such records directly from the provider without the other parent's consent. Parents shall provide each other with any records not easily obtainable by the other parent. Any school district which the Children attend shall provide both parents identical information. Decision-making: Both parents shall use their best efforts to engage in joint decision-making with respect to the Children. The parents shall consult with each other concerning major health decisions, transfer of schools, changes in school curriculum, participation in extracurricular school activities, participation in non-school lessons or structured non-school activities or organizations, participation in summer camps and similar activities. If the parents are unable to reach an agreement, they shall exchange written proposals, including their explanations of their positions, after which they shall meet and discuss their positions in person. If they still cannot resolve their differences, the Court will, upon written request, schedule a hearing. Conflict in Partial Custody Provisions: In the event certain provisions in a partial custody Order are inconsistent, the provisions ordered by the Court concerning specific holidays shall supersede provisions concerning vacations, weekends, and midweek visits, and the provisions concerning vacations shall supersede provisions concerning weekends and midweek visits. Implementation: In implementing the custody Order, both parents shall be flexible and act in the Children's best interest, shall consult with the Children where appropriate, and shall give due regard to the Children's legitimate wishes and needs. Both parents shall use their best efforts in presenting a united front to Children and in shielding the Children from an awareness of their parents' discussions and differences as to decision-making. Both parents shall use their best efforts to ensure that their spouses, extended families, and household members cooperate in carrying out the intent and spirit of the custody Order. A parent shall encourage the children in the exercise of the other parent's partial custody rights and shall have the Children ready and properly clothed and fed at the appropriate times. In the event a parent chooses not to exercise partial custody rights on a given occasion, that parent shall provide reasonable advance notice of the decision to reduce or eliminate such a partial custody period. The parents shall cooperate with each other to permit each parent to take vacations with the Children and allow each parent to expose the Children to interactions with their extended families on both sides. Major Events: Both parents shall be notified of and invited to major events in the children's lives, including, but not limited to, graduations, awards presentations, performances by the Children, and similar extracurricular activities. Illness. Accidents, and other Emergencies: Each parent shall promptly notify the other of any serious accident or illness or any legal or educational emergency involving the children while in that parent's custody. If a Child is hospitalized, both parents and stepparents and/or any grandparents may visit with the Child regardless of any custody schedule. If a child is taking medication, that medication or a prescription for the medication shall be made available to each parent. The non-custodial parent shall be provided copies of Medical Assistance and insurance documents. other notice requirements: Each parent must notify the other within twenty-four (24) hours of any change of residential or work address or telephone number. During periods when the children will be away from home for more than an overnight period, the parent who has physical custody of the Children during that period shall notify the other parent of the travel and lodging plans, a method of contacting the Children during the trip, and the identity of the persons with whom the Children will be traveling or staying. Behavior around Children: Neither parent shall consume illegal drugs or excessive amounts of alcohol or be under the influence of illegal drugs or alcohol or permit others to use illegal drugs or abuse alcohol in the presence of the Children. Neither parent shall operate a vehicle transporting the Children while the parent is under the influence of illegal drugs or alcohol. Both parents shall ensure that the Children are using appropriate seat belts or child safety seats when being transported in vehicles by that parent or by another person on that parent's behalf. Telephone Contact: The parent out of custody shall be entitled to reasonable telephone contact with the Children. Such contact shall not be monitored by or interrupted by the custodial parent. In the event of long distance calls, the parents shall agree on specific times when the Children will be available to receive calls. Moving Out of Clinton County: The custodial parent shall not move his/her residence from Clinton County without written permission from the Court. OFFICE OF COURT ADMINISTRATOR TWENTY-FIFTH JUDICIAL DISTRICT OF PENNSYLVANIA DANIEL C. WILT December 18, 1997 CLINTON COUNTY C T House COURT ADMINISTRATOR LOCI: HAVEN, PENNSYLVANIA 17745 (717) 1331011 TO WHOM IT MAY CONCERN: In Re: Shelley Marie Karichner Vs. Todd William Day #330-97 Misc. #783-97 Misc. Custody (Further Hearing) Please be advised that the above-captioned matter has been scheduled for Tuesday, December 23, 1997 at 10:30 AM in Court Room No. 1 of the Clinton County Court House, Lock Haven, Pennsylvania, before the Honorable J. Michael Williamson. Ju C?I'i' 0. 6161117J o J. Assistant Court Administrator cc: Brent A. Petrosky, Esq. Shelley Marie Karichner, 9 East St., Apt. #13, Mount Holly Springs, PA 17065 Randy P. Brungard, Esq. Michael D. Angelelli, Esq. 01,11' -fife Copy to No. 763-97 Misc. File ( n 13 3 53 P11'91 IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff ) NO. 330 - 97 (Misc.) V. ) NO. 763 - 97 (Misc.) TODD WILLIAM DAY, ) Defendant ) NOW, this 6th day of February, 1998, a final hearing in the above matter shall be held on MICHAEL WILLIAM51 JUDOZ count OT CDMNDN RUC A"TH JUDICIAL DI"TCICT Of I"NM"TAVAMIA COIIM, NOD"[ LOCK HAVEN, FA I"JC Wednesday, February 25. 1998, at 11:30 a.m., in Court Room No. 1 of the Clinton County Courthouse, Lock Haven. Pennsylvania. xe: Xenore Urbana. Esquire Aandy P. Brungard. Esquire ,Xlinton County Children and Youth ?Social Services Agency i/court Administrator BY THE COURT: J. c-J . ? 1 .. u y. IN THE COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA MISCELLANEOUS SHELLEY MARIE KARICHNER VS. TODD WILLIAM DAY NO.763 97 (Misc.) a NO. 330-97 (Mtrc.) co wo J Ci w Z 0 r ORDER OF THE COURT v co m S Jce o wN In J°- M a LO m0 N Qa ® m La. NOW, February 25, 1998, the parties and their Counsel being in agreement that Mr. Meacham's Memorandum of January 28, 1998 is reasonable under the circumstances, IT IS HEREBY ORDERED as follows: 1. The parties are directed to comply with the provisions of Mr. Meacham's January 28, 1998 Memorandum, a copy of which is attached hereto and incorporated herein by reference. 2. All other provisions of the Interim Order of December 23, 1997 shall remain in MICHAEL WILLIAMSON ?uooE COUNT OF COMMON PL6.8 zero JOOICI.L O18TPICT OF PLNM.TLV.NIA COUNT "OU86 LOCK HAVEN. P^ Ilu. effect except as inconsistent with Mr. Meacham's recommendations. K + J. MICHAEL WILLIAMSON - ^ JUDGE ? N COURT Of COMMON FLLAO ' Cl7N JUDICIAL DISTRICT Z Or P&NNnwANiA COURT "Oust LOCK HAVEN. PA I7740 £* 5 Y ? R? t k. f; M .4 x a. .?.n .. xlxntvCrA Ti.S ? r .»v. r ,. ! .~T 1., ROBERT J. MEACHAM, M.S. Licensed Psychologist Clinton County Courthouse, Jay and Water Streets, Lock Haven, PA 17745 Telephone (717) 893-4140 Fax (717) 893-4145 MEMO To: L,,dudge J. Michael Williamson Randy P. Brungard, Esquire Lenore Urbano, Esquire C1 From: Robert J. Meacham, M.S. Licensed Psychologist Re: Karichner v. Day N6_763-97 (Misc.) No. 330-97 (Misc.) Date: January 28, 1998 m U J ?? a1 ? J T i'1 .? W W As you know, by way of a Court Order dated December 23, 1997, this Examiner was asked to perform psychological evaluations in this visitation/ custody situation. Toward that end, interviews were held on December 29, 1997, and January 28, 1998. As a result of those interviews, the natural parents have come to an agreement regarding visitation/custody of the minor child involved, Katie. Essentially, the parents have agreed to a shared legal custody situation whereby the child spends time in the home of each parent on a seven-day rotating basis. This "50/50" custody situation will change slightly every twenty-eight days to accommodate Todd Day's swing shift work schedule. Changes will be made so that the child is able to spend time with her father during the seven-day period each month when he has four consecutive days off. The parents have agreed to notify each other well in advance of a schedule change to negotiate subtle changes in schedule. During the seven-day period of custody, each parent is to make sure that the child has two phone calls during that period with the other parent. The reasons for making these calls were discussed in interview. Vacations or work Memorandum January 28, 1998 Page Two shut-downs will be negotiated, with respect to visitation, by the parties involved. Unless otherwise agreed upon, the child will spend half of each major holiday/ birthday with each parent. Transportation arrangements for visitation are to continue as outlined in Paragraph 6 of the Interim Order dated December 23, 1997. Both parents agree that by the fall of 1999, when the child is scheduled to enter kindergarten, they will make every effort to make a mutually agreeable decision regarding custody. This Examiner has offered himself as a mediator toward working toward that process in a way which is not conflict-ridden. The parties have agreed that Todd will utilize his natural parents as the primary babysitter for Katie when he works and she is in his custody. They have also agreed that Betty Henry shall act as the primary babysitter for Katie when she is in the natural mother's custody. Any change in these sitting arrangements will be negotiated by agreement between the parents. Possible changes in babysitting arrangements will include Day Care, Head Start, or other types of pre-school service enrollment. A copy of this Memorandum is being sent to the attorneys for review with their clients, and it is suggested that the attorneys communicate with the Court regarding the possibility of having this agreement worked into an Order. would like to thank both of the individuals involved in this situation for being willing to engage in communication and decision-making which is clearly in the best interest of Katie. Thank you for your time and consideration. IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, ) Plaintiff ) V. ) TODD WILLIAM DAY, ) Defendant ) N0.,763-_97 (Misc.) CUSTODY NO. 330 - 97 (Misc.) PROTECTION FROM ABUSE NOW, this 6th day ol'April, 1998, based upon the attached correspondence, a further hearing is scheduled for Thursday, April 30, 1998, at 1:30 p.m. in Court Room No. 1 of the Clinton County Courthouse, Lock Haven, Pennsylvania. THE COURT: J. J. 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CiIJLt CU/./S?•Jcr'?tlt'UN. __.? i.:}•: 7 -,L6 X i .i 11), I Y k i": ® TELEPHONE NUMBER 717 432.0650 Customer ID 970108 PAOE I OF 4 BILL DATE February 25. 1997 llelpful numbers BILLING SUMMARY SIIBLLEY KARICIINER TE billing Prerlous cha W bill Amount o bill 73 11 800 483.3600 No payment received. . .00 Amount past due S73.11 Current charges Total current charges S .00 TE repair III Total amount due S73.11 ultomer Care Please pay upon receipt 800 483.1000 ro order GTE 800 483.4600 - FINAL BILL - Pull payment for your previous bill has not been received. Total amount is due upon receipt. Please see reverse side for additional In?rmarlon. Drrach and return this section with your cheek payable to GTE. 310•HORDAI OWI&IU 7Pm01711" U.PA 11" 717437%0 1"70111 TELEPHONE NUMBER 717 432.0650 ue pay ' Total amount due amount. Please pay upon receipt S73.11 PN07U:7.111111151 AV 0171 01%'17 our SHELLEY KARICHNER Ilegeto 3 ALBERT LH 11JhIL111LII1J6dLl e you GTE North APT 16 P.O. Box 31122 DILLSBURG PA 17019-8708 Tam FL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItllllllllllllll?1111IIII11 3363 3122 35 2350 4320650 470108 03N00000007311 00000007311 04 r National Credit Management C® 1135 E Chocolate Avenue Hershey, PA 17033 MARCH 14, 1997 SHELLEY KARICHNER 3 ALBERT LN APT 16 DILLSBURG PA 17019-8708 RE: (717 432-0650) 970108 22350 DEAR GTE CUSTOMER Your account is past due in the amount shown below. Lack of action can damage your personal credit record for seven (7) years and may inhibit obtaining future credit. If we do not hear from you or receive full payment on this account within ten (10) days, the account will be turned over to a collection agency for further action. A return envelope is enclosed for your convenience. You may charge the payment to your VISA, MasterCard or Discover or use Western Union by calling our office at 1-800-483-3710. We sincerely hope the above action will not be necessary. GTE National Credit Management Center AMOUNT DUE $73.11 MB1 The National Credit Management Center Is a GTE organization, acting for the GTE company owed the amount. -----------------------------""-"""'----""" -""'-"""-""""-----r------"""------- PIS,S[ R[TURN THIS STUD WITH YOUR P.YKNT ; AMOUNT PAST DUE $73.11 AMOUNT PAID SHELLEY KARICHNER 3 ALBERT LN APT 16 DILLSBURG PA 17019-8708 35 2350 4320650 970108 a N O ti uuuu. n IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff : NO. 763-97 (Misc.) : CUSTODY VS. : NO. 330-97 (Misc.) = TODD WILLIAM DAY, : PROTECTION FROM ABUSE Defendant PETITION FOR MODIFICATION OF PARTIAL CUSTODY_ 1. The Petitioner, Shelley Karichner, is an adult individual residing at 9 East Street, Apartment 13, Mount Holly Springs, Cumberland County, Pennsylvania. 2. The Respondent, Todd Day, is an adult individual residing at 381 Beech Creek Avenue, Mill Hall, Pennsylvania, 17751. 3. An interim Order was entered on December 23, 1997, that provided that both parties meet at Wal-mart in Shamokin Dam, Pennsylvania, at 6:15 p.m. 4. At the time that Order was made, Petitioner worked until 4:00 p.m. 5. Since December 23, 1997, Petitioner obtained a new job which required her to be at work until 5:00 p.m. 6. Petitioner tried to work out a new meeting time with Respondent as she would be unable to reach Shamokin Dam by 6:15 p.m. She requested that the meeting time be changed to 7:00 p.m. Respondent would not agree. 7. Petitioner, through her attorney, contacted Respondent's attorney by letter twice to try to resolve the issue of the parties meeting time. Copies are attached. 8. Despite these attempts, Respondent has not yet agreed to modifying the Order. WHEREFORE, the Petitioner requests that the Order dated December 23, 1997, be modified to provide that the parties meet at Wal-mart in Shamokin Dam at 7:00 p.m. Respectfully submitted, SUSQUEHANNA LEGAL SERVICES B y: Un6re M. i ano Attorney for Petitioner I.D. No. 30445 319 Market Street Williamsport, PA 17701 (717) 323-8741 ..fG, %4tl? ATTORNEY AT LAW R.O. a sox 00 WELLSYORO. PENNGYLVANIA 10001 TEL. 17171724.0376 Randy P. Brungard Much 30, 1998 241 West Main Street Lock Haven, Pa. 17745 Re: Karichner V. Day Dear Mr. Brungard: As I mentioned in our telephone conversation, Ms. Wchncr has obtained new employment as she was unable to handle the heavy lifting required at her prior employment. Previously, she ended work at 4;00 p.m. The hours at her current job require her to be at work until 5:00 p.m. This means that she will be unable to meet Mr. Day on Wednesday evenings at 6:00 p.m. She has suggested 7:00 p.m. She will know for sure how long the trip will take her once she tries it. She has already explained this to Mr. Day and he will not agree to a change in the pick up and delivery time. This is to request that you speak to Mr. Day about changing the time. If he does not agree, please let me know so that I may present the request to the Judge. Ms. Karichner was also unable to speak to the child while she was in your client's custody until the Monday before her return. If Mr. Day would return her call As soon as the child is available, she would be happy to call back so that he would not have to pay for the call. She does not understand why Mr. Day finds it necessary to hang up on her or fail to return her calls. She understands that he wishes her to keep her calls to a minimum and to speak to the child fur a short period of time. She has complied with his wishes. When she was permitted to speak to her, Mr. Day and his girlfriend made Inappropriate comments to the child which caused her to become very upset. I understand that Mr. Day is unhappy about the possibility of ha%ing support reinstated, however, this Is something that Ms. Wchner would like him to discuss with her in private instead of sending messages through their daughter. In closing, Ms. Karicher is trying to get along with Mr. Day and improve their relationship. She has had very positive feelings about his current girlfriend and would like Crory much to have a good relationship with her also. Anything that you could do to assist would he greatly appreciated. Vc7 truly yours, Lenore M. Urbann April 7, 1998 Randy P. Brungard 241 West Main Street Lock Haven, Pa. 17745 RE: Karichner v. Day Dear Mr. Brungard: Ms. Day was able to meet Mr. Day at 6:50 last Wednesday. She again explained her new working schedule to him and his mother. They told her that they had contacted you that day and you told them that you had not spoken to me regarding the meeting time. Mr. Day informed Ms. Karichner that he would bring the child to the meeting place at 2:00 a.m. on Thursday this week since he worked until midnight. His mother told her that she would arrive at 6:00 as stated in the court order and would leave by 6:30. Ms. Karichner will do her best to arrive as early as possible however, she does not believe she will make it by 6:30. • I will be requesting a modification of the order and am hoping'that you will again speak to you client so that the transfer will go smoother than last week. Thank you for your time and consideration in this matter. Very truly yours, Lenore M. Urbano IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff : NO. 763-97 (Misc.) _ : CUSTODY VS. : NO. 330-97 (Misc.) TODD WILLIAM DAY, : PROTECTION FROM ABUSE Defendant CERTIFICATE OF SERVICE I, Lenore M. Urbano, Esquire, hereby certify that a true and correct copy of the foregoing Petition was served upovnl Randy P. Brungard, Esquire and Todd Day, Respondent, under cover of letter dated U q , 1998, by mailing a copy of same, first class U.S. Mail, by regular mail. Lenore M. Urban imulpeuk IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, C" Plaintiff : NO. 763-97 (Misc.) : CUSTODY VS. -.: . , : NO. 330-97 (Misc.) TODD WILLIAM DAY, PROTECTION FROM ABUSE ` Defendant ORDER AND NOW, this 2_ day of , 1998, pursuant to the attached Petition, a hearing is scheduled for the 'S.0 day of , 1998, at . (T J, M. in Court Room No. 1 of the Clinton County Courthouse, Lock Haven, Pennsylvania. BY THE COURT, J. c: Mandy P. Brungard, Esquire ???kenore M. Urbano, Esquire ./d W. Day, Defendant ./Court Administrator Susquehanna Legal Services April 15, 1998 Judge J. Michael Williamson Clinton County Court House Jay and Water Streets Lock Haven, PA 17745 RE: Karichner v. Day Dear Judge Williamson: You asked that you be notified if Shelly Karichner wished to move and that you wanted to be advised of anyone that might reside with her. Ms. Karichner has located a two bedroom house approximately ten minutes from the apartment where she is currently residing. The house is much larger than her current apartment and has a large yard for Katie to play in. The neighborhood is much nicer and she believes that this will be an overall improvement for her and Katie. She is also engaged to be married to David Noreika. He has been employed for the last three years at Fry Communications. They plan to be married this summer. She has known him since October 1997 but waited to introduce him to Katie until February 1998. He currently resides with his parents. Shelly would like him to move into the house that she has found as they plan to live there once they are married. She has asked Mr. Day if he has any concerns about her moving and he indicated that he did not. This move should not add time to her commute to meet him. Very truly yours, Yor UE HANNA LEGAL SERVICES xryc.e M. Urbano, Esquire Williamsport Office LMU:slh Imulwllllsmson.sk 329 Market Sheet 168 E. Fifth Sheet Wromtport. PA 17701 Bloort g. PA 17815 tel. 717 323-0741 tel. 717 7848760 AdmkVShanve office FAX 7844840 FAX 323.5256 206 Arch Sheet Suntx" PA 17801 to] 7172W5687 FAX 266220.1 79 Nichols Sheet WellsWo. PA 16901 tol 717 724,464 FAX 724L547 COMMISSIONERS: Daniel L. Viiello Clinton County Dean M. Bollor1 uemmcx9t,mtr>ilw Children and Youth Social Services Lee K. Marshall garden Bulldln0, 212 E. Main Streat, Lock Haven, PA (Melling Address-P.O. Box 787, Lock Hawn, PA 17745) Telephone: (717)8834100 Fax: (717)8934148 MEMORANDUM .......... DATE: April 28, 1998 Adminiatrator: Gerald J. Rosamllla TO: Judge J. Michael Williamson FROM: Dennis Wilson, Caseworker RE: Shelley Marie Karichner Va. Todd William Day No. 763-97 MISC. No. 330-97 MISC. On April 28, 1998 Clinton County Children and Youth had received a report of alleged child abuse #18-01393 regarding Katie Day. The father, Todd Day, is named as the alleged perpetrator and is scheduled to have visitation starting Wednesday, April 29, 1998. Clinton County Children and Youth Social Service Agency is respectfully requesting an Order temporarily halting the visit to ensure the child's safety while the investigation continues. A custody hearing is scheduled for April 30, 1998 at 1:30 p.m. in Clinton County Court. If you have any questions regarding this matter, please call me at 893-4100. FILED DW/d,jm CLINTON COUNTY. PA APA Z8 4 11 ?h '58 gRROTH. & CRRKY . -1 - I IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff NO. 763-97 (Misc.) CUSTODY VS. TODD WILLIAM DAY, Defendant NO. 330-97 (Misc.) PROTECTION FROM ABUSE ORDER AND NOW, this --z-$ day of 1998, after review of the Petition For Emergency Relief/Request for Hearing, it is hereby ORDERED and DIRECTED that the Father's custody of the parties' minor child, be suspended, pending further Ocderef C-om.L a?..u?4 ova ?•3O.Q? 0.?. 1',30?.?.?. c: Randy P. Brungard, Esquire Lenore M. Urbano, Esquire Todd W. Day, Defendant Court Administrator BY THE COURT, l At C6 W Z ?? uJ V C3 ? Jet{ Uja -JO CIO wZ 41- O O? Z i V ea ° . si! . .1 IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff VS. TODD WILLIAM DAY, Defendant NO. 763-97 (Misc.) CUSTODY ? a n. dY NO 330-97 (Misc )>: . . PROTECTION FROM ABWJE w? J JU 00 . W= O ~ as EF/REQUEST FOR HEAV&V m` 0 1. Petitioner, Shelley Karichner, is an adult individual residing at 9 East Street, Apartment 13, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Respondent, Todd Day, is an adult individual residing at 381 Beech Creek Avenue, Mill Hall, Clinton County, Pennsylvania. 3. The parties are the natural parents of Katie Day, bom April 20, 1994. 4. The parties have shared custody with the child alternating weeks between the households. 5. The Father, Todd Day, is scheduled to have custody of the child for one week, beginning Wednesday, April 29, 1998, at 6:15 p.m. 6. A hearing is scheduled before this Court on April 30, 1998, on this case. 7. Upon her return from her Father's custody on April 22, 1998, the minor child complained to Petitioner about vaginal soreness. 8. The minor child had made these complaints in the past upon returning from visits with the Father, but Petitioner had assumed it was due to a lack of proper hygiene and treated the child with an antibiotic cream. 9. On April 22, 1998, the child exhibited redness of the vaginal area and informed her mother that although it did not hurt when the Mother checked her, it hurt a lot when her Father did. 10. Petitioner took the child to the Emergency Room at Carlisle Hospital. They referred Petitioner to Hershey Medical Center. 11. The child was examined at Hershey on April 24, 1998, and Petitioner was advised not to allow the child to return to the Father's custody due to the medical findings and statements of the child. The child was scheduled for a more extensive internal exam on April 27, 1998, with a Pediatric Gynecologist, Dr. Greenwald. 12. On April 27, 1998, the child was examined. The exam revealed physical evidence of sexual abuse and the child again named the Father as the perpetrator. Dr. Greenwald authorized a hotline abuse report. WHEREFORE, Petitioner requests the Father's custody be suspended pending further Order of Court. Respectfully submitted, SUSQUEHANNA LEGAL SERVICES by. I Le rc M. Urbanbl Attorney for Petitioner I.D. No. 30445 329 Market Street Williamsport, PA 17701 (717) 323-8741 1[ 0 1 - IN THE COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA MISCELLANEOUS VS. ) Nos. 763-97 & 330-97 OL CIO TODD WILLIAM DAY ) = s? SHELLEY MARIE KARICHNER ) ~ a' rw LO W I W p in U "Ica (V ?Od U. ;e ORDER OF THE COURT F mo x =x J s- go. NOW, April 30, 1998, based upon the reps from Doctor Greenwald and Penn State Geisinger Health System which indicate a serious concern about possible sexual abuse of the child, IT IS HEREBY ORDERED pending further proceedings as follows: 1. The Interim Order of December 23, 1997, shall remain in effect except as modified herein. 2. The parties shall continue to exercise partial MICHAEL WILLIAMSON JUDDL COURT Or COMMON ILlu set" JODICILL D191AICl OF 19NN9ILV.NIA COURT I.Q.19 LOCK 11AVLN. PA 19740 custody on a seven (7) day alternating basis consistent with the memorandum of Robert J. Meacham dated January 28, 1998, except as modified herein. 3. Father's partial custody privileges are reinstated as of May 1, 1998, upon the condition that the child shall reside at the home of the paternal grandparents and the child shall not be alone with Father. 4. Mother's resumption of her partial custody privileges in accordance with the existing schedule shall be 1 I 1 conditioned upon David Noreika vacating the residence of Mother prior to that time; David Noreika shall not be permitted to be in the presence of the child on any occasion until further order. 5. Mother's request to change her residence to 11 Schoolhouse Road, Newville, Pennsylvania, is granted. 6. The parent having custody shall have the child available for a telephone call at 8:00 p.m. on Fridays and on Mondays; no other telephone conversations shall be permitted. 7. The exchange time shall be 7:00 p.m. at the Walmart store in Shamokin Dam. 8. This matter is referred to Pamela McCloskey, who shall interview the child and such other parties as she shall deem appropriate and promptly submit to the Court a report. 9. Clinton County Children and Youth Social Services Agency is directed and instructed to copy this Court on all written documentation with regard to the ongoing child abuse case. BY THE COURT: J-M ILLIAMSON J. JMW/mms MICHAEL WILLIAMSON JUDGE COURT or CO.WON PATNA ,Kr" JUDICIAL 0411TA147 ON IOM4ILVANIA COUNT HOUSE LOCK HAVEN. FA 17745 cc: 1Ksnore M. Urban, Esq. Randy P. Brungard, Esq. ,Pamela McCloskey, M.S., Licensed Psychologist ,/Robert Meacham, M.S., Licensed Psychologist Clinton County Children & Youth Social Services Agency ?F.ile Copy to No. 330-97 ?Court Administrator NICMAEL WILLIAMBON JUnOC COURT OF COMMON FL9•0 term JUDICIAL OpTAICT OF ILMMOTLVUIIA COUNT MOOLL LOCK NAVLN. IA 17", raiY ??; }n?Sf f 3j L 'c'a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 IN THE COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA MISCELLANEOUS SHELLEY MARIE KARICHNER VS. TODD WILLIAM DAY No. 763-97 ) ********** C" :: 7 N ' rn .a C. 4lL .J a- TRANSCRIPT OF PROCEEDINGS held in Courtroom No. 1 at the Courthouse, Lock Haven, Pennsylvania, on Thursday, April 30, 1998, before the Honorable J. Michael Williamson, Judge of the Twenty-fifth Judicial District of the Commonwealth of Pennsylvania. ********** APPEARANCES: LENORE M. URBANO, Esquire, Williamsport, PA, on behalf of the Plaintiff, Shelley Marie Karichner. RANDY P. BRUNGARD, Esquire, Lock Haven, PA, on behalf of the Defendant, Todd William Day. ********** Reported by Mona M. Shoemaker, Official Court Reporter, Clinton County, Lock Haven, Pennsylvania. 2 1 INDEX TO WITNESSES 2 Direct Cross Redirect Recroes 3 BY THE COURT: 4 DENNIS WILSON 3 -- (By Mr. Brungard) 6 -- 5 SHELLEY MARIE KARICHNER 16 6 (By Mr. Brungard) 21 57 (By Ms. Urban) 33 -- 7 DENNIS WILSON 63 -- -- -- 8 9 10 ••a•***?• 11 12 13 14 15 16 17 ie 19 20 21 r 22 23 ?I 24 25 3 1 THE COURT: I'll see counsel, please. 2 (Whereupon, the discussion between the Court 3 and counsel held at sidebar at this time was neither 4 stenographically recorded nor made a part of this 5 transcript.) 6 THE COURT: Mr. Wilson, can I see you a minute, 7 please? 8 (Whereupon, the discussion between the Court 9 and Dennis Wilson held at Sidebar at this time was neither 10 stenographically recorded nor made a part of this 11 transcript.) 12 THE COURT: This is the matter of Shelley Marie 13 Karichner versus Todd William Day. 14 MR. BRUNGARD: Your Honor, before we go forward in 15 open court, I would ask the Court for a motion for sequestration 16 of all non-party witnesses. I believe it's important in this 17 case. 18 THE COURT: All right. Everyone except the parties 19 and Counsel go out in the hall, please. Do you want to take them 20 out, Mr. Barner? 21 (Whereupon, the witnesses were sequestered 22 outside the courtroom at this time.) 23 24 25 DENNIS WILSON, having been called as a witness, 4 1 was duly sworn and testified as follows: 2 3 THE COURT: State your name, please. 4 MR. WILSON: Dennis Wilson. 5 THE COURT: And your position, Mr. Wilson? 6 MR. WILSON: Caseworker with Clinton County 7 Children and Youth. 8 THE COURT: In that capacity, are you familiar with 9 an investigation concerning a Katie Day, approximately four years 10 of age? 11 MR. WILSON: Yes, I am. 12 THE COURT: I have presented to me a report dated 13 April 27, 1998, from an Earl F. Greenwald, M.D., 14 G-r-e-e-n-w-a-1-d. Is that a report that you received? 15 MR. WILSON: Yes, it is. 16 THE COURT: And that report, I understand, has been 17 made available to counsel; is that correct? 18 MR. BRUNGARD: Yes, Your Honor. 19 MS. URBANO: Yes, Your Honor. 20 THE COURT: All right. Mr. Wilson, you have also 21 shown me another three page report, pages 3, 4, and 5 of 22 something else that was apparently faxed on April 27, 1998, from 23 Penn State Geisinger Pediatrics. Is that something that you 24 secured from somewhere? 25 MR. WILSON: Yes, it is. 5 1 THE COURT: And where did you get that? 2 MR. WILSON: I believe it came from Cumberland 3 County Children and Youth. 4 THE COURT: All right. Now, does counsel have 5 those three pages? 6 MR. BRUNGARD: I was just handed it five seconds 7 ago, Your Honor. 8 THE COURT: Ms. Urbano, I assume you have it. 9 MS. URBANO: Yes. They faxed me a copy, yes. 10 THE COURT: Mr. Wilson, can you tell me if you 11 know, is there a children and Youth investigation in progress in 12 some county with regard to the incidents that are discussed in 13 these two reports? 14 MR. WILSON: Yes, there are -- yes, there is. 15 THE COURT: What county? 16 MR. WILSON: Clinton County received a Child Line 17 referral on 4/28/98 alleging that an incident occurred in Clinton 18 County. I then called the sister county and requested a courtesy 19 visit -- courtesy interview and safety check of the child. 20 THE COURT: Well, is it my understanding that the 21 investigation is going to proceed in this county with respect to 22 a child who, based upon the Court's most recent Order, is now 23 living in Cumberland County? 24 MR. WILSON: We are responsible for the 25 investigation because the allegations are saying that it happened 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in our county. So, we are responsible for the investigation. I, then, get the help of the county where the child is living to assist. THE COURT: What is the status of the investigation at this point? MR. WILSON: It's still under investigation. I made a referral to the State Police and provided them with information as I was receiving it and it will be an ongoing investigation with them as well. THE COURT: Doctor Greenwald refers to some chemical testing he was going to have done. Are those results back? MR. WILSON: Talking with Doctor Greenwald yesterday, he explained that it's normal to get them back by the end of the week. So, if the tests go smoothly, I should have a fax to me by the end of the week. If not, then, the first of the next week with the final report. THE COURT: All right, Mr. Brungard. Do you have any questions of Mr. Wilson? CROSS-EXAMINATION BY MR. BRUNGARD: Q. Mr. Wilson, do you know whether or not Miss Karichner is living with anybody? 7 1 A. Part of my questioning was who is living with her. 2 Q. Part of your questioning to whom? 3 A. I believe I asked you, but I also asked the 4 Cumberland County Children and Youth worker who was living in the 5 home. 6 Q. When you say asked me, you mean Randy Brungard? 7 A. No. 8 Q. When you asked -- you asked who? 9 A. I asked the mother who was living in the home and I 10 also asked the Cumberland County Children and Youth worker. 11 Q. What was the mother's response? 12 A. There was a boyfriend. 13 Q. Living there? 14 A. Yes. 15 Q. Did she say how long he had been living there? 16 A. No. 17 Q. Did you ask Cumberland County about the boyfriend? 18 A. I asked questions about the person. They did not 19 know much about the man, and I asked to have -- to see if they 20 had any information on him as a routine check. 21 Q. Have they checked him yet? 22 A. I have no information on it yet. 23 Q. And do you know how long he had been living there? 24 A. No, I don't. 25 Q. Have you asked anyone what this child calls that 8 1 boyfriend? 2 A. I have not yet, no. 3 Q. So, if that child calls the boyfriend Daddy and if 4 this report has been going on since -- the complaints have been 5 since February when Mom and Daddy have started being there, it 6 certainly casts eyes on him; does it not? j? 7 A. The investigation is still ongoing and no one has 8 been ruled out yet. 9 W ll l k Q. e , et me as you this: Was he even thought of 10 prior to my questioning of you? 11 A. Part of my routine is I haven't ruled anybody out 12 yet. 13 Q. Let me ask you this: The first page of Doctor 14 Greenwald's report down at the bottom where Mom notes that Katie 15 frequently awakens and finds her completely undressed, that would 16 be at Mom's residence; wouldn't it -- bottom of the first page of Fj Id 17 th A il 27 h e pr t report? 18 A. It is correct. 19 Q. So, if a child is completely undressed in her 20 bedroom in the middle of the night, the child either undressed 21 herself or somebody undressed her who was at Mom's residence at 22 that time, correct? 1 23 A. It would appear to be, yes. 24 Q. Now, have you inquired as to whether or not -- why 25 is allowed to touch her rivate arts? M p om p ¦ ¦ 9 1 A. No, I haven't. 2 Q. Did you notice in page 2 of the Doctor's report 3 that it says that Katie says that Mommy is the one that's allowed 4 to touch her private parts, in the medical history, the fourth 5 paragraph down? 6 A. Yes. 7 Q. Are you also aware that Mommy is constantly telling 8 Katie that everything that happens down there is a secret? 9 MS. URBANO: I'd make an objection as to not 10 characterizing the report correctly. 11 THE COURT: Sustained. 12 MR. BRUNGARD: I'm not characterizing the report. 13 I'm asking if Mr. Wilson is aware of whether or not Mommy tells 14 Katie that things down there are a secret. I'm not referring to 15 the report at all. 16 BY MR. BRUNGARD: 17 Q. If you wouldn't be aware of that yet, you wouldn't 18 have asked Mother that? 19 THE COURT: Objection is overruled. You may 20 answer. 21 THE WITNESS: Pardon? 22 THE COURT: You may answer. 23 A. I have not interviewed the mother independently 24 II other than on the phone, and I have not gone over the report for 25 that purpose. 10 1 BY MR BRUNGARD . : 2 Q. Now, have you had a chance to see Judge 3 Williamson's custody order of December 23, 19977 4 A. Yes, I have. 5 Q. Are you aware of Paragraph 2(b) that says Mother is 6 to advise the Court in writing of the identity of anyone who 7 resides with her in her home? 8 A. Yes, I see that. 9 A f h th h h h d Q. re you aware o w e er or not t at as appene 10 yet? 11 A. I'm not aware if that has happened, no. 12 Q. Are you aware that mother shall continue to 13 maintain her residence at Mount Holly Springs? 14 A. That's on (c), yes. 15 Q. And are you aware as to whether or not Mother has 16 advised the Court of her change of residence prior to changing? 17 A No I am not . , . ^) J 18 Q. Are you aware that Mother has changed her 19 residence? J 20 A. i have the mother's address. 21 Q. Would you tell the Court what the current address -' 22 is? 23 A. 11 Schoolhouse Road, Newville, Pennsylvania. .J 24 Q. Did she tell you when she took that residence? 25 A No she did not . , . :J 11 I Q. Did she tell you whether it was a recent residence? 2 A. No, she did not. 3 Q. Are you aware of sub-paragraph (d), where Mother 4 shall refrain from taking the child to any counselor, 5 psychologist, social service worker, or any third party without 6 specific written permission of the Court? 7 A. Yes, I see. 8 Q. Are you aware whether she obtained that written 9 permission before she took this child to three different doctors 10 within the past week and exposed this child to the examination of 11 Doctor Greenwald without getting permission from the Court or 12 without contacting anybody? 13 A. Yes. 14 Q. Have you ever seen a home investigation of Mother's 15 residence? 16 A. No, I haven't. There was mention in the record 17 that one was to be done, I believe. 18 Q. But none has ever been done? 19 A. I'm not aware of one being done, no. 20 Q. Now, with reference to the three-page report from 21 Penn State Geisinger, you see where the box is in the vital 22 signs? 23 A. Let me see. 24 Q. Do you have one available? 25 A. I gave mine to the Judge. 12 1 Q. All right. If the Court -- exactly -- would you 2 interpret wha t that -- what you're pointing to, what your 3 interpretatio n of that is? 4 A. Being a zero with a line through it? 5 Q. Yes. 6 A. I interpret that as no bleeding, no lacerations, no 7 bruising. 8 THE REPORTER: I didn't hear you. 9 BY MR. BRUNGARD: 10 Q. Speak louder. 11 A. I believe it means no. A circle with a slash is 12 shorthand for no. 13 Q. No what? 14 A. No bleeding, no lacerations. 15 Q. No bruising? 16 A. No bruising, mild arrythmia. 17 Q. And where are we talking about? What part of the 18 child's body are we talking about that's being examined? 19 A. The genitalia. 20 Q. Is your interpretation of Doctor Greenwald's report 21 that there ha s or has not been a breaking of the hymen? 22 A. The doctor's report indicates that there is a cleft 23 at 12 o'clock . 24 Q. Also reports there's a stretching of the hymen, 25 does it not, on the last page, the first paragraph? J r 13 1 A. He described it as (reading) the transverse 2 diameter of her hymen orifice was large for her age and suggests 3 stretching of her hymen by introduction of a foreign body into 4 her vagina (end reading). 5 Q. Now, would you interpret that as a breaking or a 6 non-breaking of the hymen? 7 A. It says stretching. 8 Q. Okay. Now, when we're dealing -- is it fair to 9 say, Mr. Wilson, that you have dealt with other sexual abuse 10 allegations involving children in the past? it A. I have, yes. 12 Q. And is it safe to say that when an adult would have 13 some type of penetration of a just turned four year old child or 14 a just under four year old child in the genitalia that there 15 would be some serious bruising internally and externally if an 16 examination were performed? 17 MS. URBANO: I would object to this witness not 18 having that type of medical knowledge. 19 THE COURT: Sustained. 20 MR. BRUNGARD: I'm asking based upon his -- 21 THE COURT: And the objection is sustained. That's 22 a decision I'm going to make; and if we have to have Doctor 23 Greenwald up here, we will. 24 BY MR. BRUNGARD: 25 Q. Based upon this report and based upon the fact that 14 1 this child would call Dave, Mother's live-in, Daddy, would you 2 have any concerns with this child -- 3 MS. URBANO: Objection, again, to the 4 characterization of the question assuming that the child does 5 call this man Daddy. 6 THE COURT: Sustained. 7 BY MR. BRUNGARD: 8 Q. Assuming that -- 9 i d d ' THE COURT: Susta ne , Mr. Brungar . You re 10 getting way beyond the purpose of the qualification of this 11 witness. 12 MR. BRUNGARD: Your Honor, my -- 13 THE COURT: Make those arguments to me, Mr. 14 Brungard, not to this witness. 15 MR. BRUNGARD: Okay. 16 THE COURT: Anything else? Ms. Urbano, any i ? 17 quest ons r? 18 MS. URBANO: I have no questions. J 19 THE COURT: Thank you, Mr. Wilson. You may sit 20 down. 21 Now, at the risk of trivializing the reason why -- ,,. J ' 22 re here, I believe one of those reasons one of the reasons why we 23 is Ms. Urbano's request for permission to modify Paragraph 2(c) 24 of the Order of December 23, 1997. Do I understand, as Mr. 25 Brungard is suggesting, Ms. Urbano, your client has already J J 15 1 moved? 2 MS. URBANO: I had written a letter to you. 3 THE COURT: April 15th -- 4 MS. URBANO: Yes. 5 THE COURT: -- and I immediately scheduled a 6 hearing for today on that issue. Now, -- 7 MS. URBANO: On that letter? Okay. My 8 understanding was this was scheduled pursuant to a letter that 9 was received by you from Mr. Day. It had nothing to do with the 10 letter that I was writing to you. That was not included in 11 your -- 12 THE COURT: That's correct. 13 MS. URBANO: Right. 14 THE COURT: The Order -- 15 MS. URBANO: This -- 16 THE COURT: Just a minute, Ma'am. The order of 17 April 6th scheduling a hearing for today was based upon Mr. Day's 18 letter to me. When I received your letter of April 15, 1998, I 19 issued another Order on April 24, 1998, scheduling a hearing for 20 today on that letter. My question is relatively simple and that 21 is, Are you telling me at this point that your client does not, 22 in fact, reside at Mount Holly Springs anymore? 23 MS. URBANO: That's correct. Can I add to that? 24 THE COURT: Do you have a foster home available for 25 this child? W a a a a a a a Y M 16 1 MR. WILSON: I can check. 2 THE COURT: Go and check. I'll see counsel. 3 MR. BRUNGARD: Your Honor, if I might, while Mr. 4 Wilson is here, my understanding is that -- 5 THE COURT: I'll see counsel, Mr. Brungard. 6 (Whereupon, the discussion between the Court 7 and counsel held at Sidebar at this time was neither 8 stenographically recorded nor made a part of this 9 transcript.) 10 THE COURT: All right, Ms. Karichner. Do you want 11 to come up and be sworn, please? 12 13 SHELLEY MARIE KARICHNER, having been called as a 14 witness, was duly sworn and testified as follows: 15 16 THE COURT: State your name, please. 17 MS. KARICHNER: Shelley Marie Karichner. 18 THE COURT: Miss Karichner., where are you living? 19 MS. KARICHNER: 11 Schoolhouse Road, Newville. 20 THE COURT: Where? 21 MS. KARICHNER: 11 Schoolhouse Road, Newville. 22 THE COURT: Newville? 23 MS. KARICHNER: Yes. 24 THE COURT: Who do you live with? 25 MS. KARICHNER: Dave just moved in on the 15th, the J 3 J J 17 1 11 day that Katie went with her dad. 2 THE COURT: Dave who? 3 MS. KARICHNER: Noreika. 4 THE REPORTER: Can you spell that? 5 MS. KARICHNER: N-o-r-e-i-k-a. 6 THE COURT: Now, I issued an Order on December 23, 7 1997, which says: Mother shall continue to maintain her e residence at Mount Holly Springs. Are you able to read the 9 English language? 10 MS. KARICHNER: Yes, air. 11 THE COURT: Did you get a copy of that Order? 12 MS. KARICHNER: Yes, sir. 13 THE COURT: Did you get a written Order from the 14 Court permitting you to violate that paragraph? 15 MS. KARICHNER: No, air. I got ahold of my 16 attorney and she told me she wrote you a letter. 17 THE COURT: And you and your attorney believe that 18 all you have to do is write me a letter telling me what you are 19 going to do that supersedes what I tell you you are going to do; 20 is that right? 21 MS. KARICHNER: I didn't know, to be honest with 22 you. 23 THE COURT: All right. That Order also says: 24 Mother shall advise the Court in writing of the identity of 25 (I anyone who resides with her in her home. 18 I 1 MS. KARICHNER: I asked my attorney that, too. ' 2 This place in Newville, I cou ldn't pass it up. It was a really 3 nice place. The one we were at, it was small. She didn't have 4 much room to move in and now she does. I mean, it's a nice 5 location and everything. I was only looking out for the best 6 interest of her. 7 THE COURT: Whe re are you working now? 8 MS. KARICHNER: I work with a temp agency at AT&T. 9 h d ' I a to take the job because I wasn t able to lift anymore at 10 the Weis Market due to surgery that I had. It was causing me to 11 bleed and stuff. 12 THE COURT: And where are you working? 13 MS. KARICHNER: I work at -- it's called DDS. It's 14 for AT&T. J 15 THE COURT: And where is this job? 16 MS. KARICHNER: It's in Mechanicsburg. -; 17 THE COURT: And what are your hours? -k 18 MS. KARICHNER: 8:00 to 5:00, Monday through 19 Friday. 20 THE COURT: Who watches the child? 21 MS. KARICHNER: Mulberry Day Care. She is in the 22 pre-school Kindergarten program. 23 THE COURT: Who takes her to the day care? 24 MS. KARICHNER: I do. 25 THE COURT: Who picks her up from the day care? J J 19 1 MS. KARICHNER: I do, and I brought all Katie's 2 reports with me from the day care, if you would like to see them. 3 Also, I have pictures of the house, if you want to see them. 4 THE COURT: Mr. Noreika, how old is he? 5 MS. KARICHNER: He just turned twenty-five in 6 February. 7 THE COURT: How long have you known him? 8 MS. KARICHNER: I met him the end of October and we 9 were just dating on and off, and I introduced him to Katie in 10 February. 11 THE COURT: Now, when Ms. Urbano wrote me a letter 12 on April 15, 1998, saying Mr. Noreika currently resides with his 13 parents, she was apparently mistaken about that. 14 MS. KARICHNER: He was residing with his parents. 15 April 15th is the day I gave the lady the check for the rent for 16 the new house. 17 THE COURT: And when did you move in together? 18 MS. KARICHNER: We started moving stuff that week 19 while Katie was up here with her dad. 20 THE COURT: Well, Miss Karichner, let me ask you 21 this: You have -- if you were to have an alternative of having 22 your daughter continue to live with you under the current 23 schedule or having Mr. Noreika continue to live with you, which 24 one would you pick? 25 MS. KARICHNER: My daughter. 1 2 3 4 I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 THE COURT: Mr. Day has written me a rather lengthy letter complaining about a number of things, the bottom line appearing to be that the pick up and delivery time is not appropriate. Is there some problem now with exchange times? MS. KARICHNER: It's because I work until 5 o'clock. I have to hit the rush hour traffic to get Katie picked up. I can't get her picked up and be up there on time; and on April 1st Todd demanded that I have Katie there at 2 o'clock in the morning -- or he would have her there at 2 o'clock in the morning for me to pick her up. THE COURT: Did he? MS. KARICHNER: No, he didn't. He, in return, had his mom bring her back and I read the letter where he states in there that he don't have any money to bring her back. Well, his mom has been there every single time since then, and I also have pictures of what his mom did to my arms. Where she says -- where he says in there I grabbed his mom by the wrist, I never once laid a hand on that lady. THE COURT: When do you suggest the exchange time I be? MS. KARICHNER: Seven o'clock is pushing it, but I can be there by 7 o'clock like it used to be. I don't have enough time to pick her up from day care and still get her up there because I hit all that traffic. THE COURT: Mr. Brungard? 21 1 MR. BRUNGARD: Your Honor, so that we don't -- so 2 the Court understands our position as far as the time is 3 concerned, we're not concerned with it being 6:15, 6:30. Even 4 though the last Order doesn't specifically state it, when we were 5 here the last time when this went to 50/50 in February, the 6 Court -- I believe it was off the record, because she had asked 7 for a change in time then, it was agreed to be 6:30. So, the 8 6:15 hasn't been in effect since, I believe, February, the last 9 time we were here. We don't have a problem with 7 o'clock at 10 night. The problem is the way that Miss Karichner treats Mr. it Day, dictates, treats his mother to the point where Gram doesn't 12 want to have to do the exchanges because of the way she is being 13 treated by Miss Day (sic.), the fact that she had to call the 14 State Police because of Miss Karichner's actions. Mr. Day has 15 been advised and he makes sure that he goes to these pick up and 16 deliveries with somebody else so he doesn't get accused of doing 17 anything wrong. It's more the dictatorial manner in which Miss 18 Karichner -- 19 THE COURT: Do you have a question? 20 MR. BRUNGARD: Certainly. 21 22 CROSS-EXAMINATION 23 24 IBY MR. BRUNGARD: 25 Q. Miss Karichner, did you ask the Court for 22 1 11 permission to take the child to see the doctor? 2 A. No, because I didn't think I needed permission to 3 take my child to go see a doctor. I mean, she was complaining of 4 irritation between her legs, burning. 5 Q. Did you -- in the beginning of April, was the child 6 treated for redness and given a salve? 7 A. Excuse me? 8 Q. At the beginning of April, was the child treated 9 for redness and did you obtain a salve for her? 10 A. I don't understand your question, that last part of 11 it. 12 Q. Cream, salve, some type of ointment? 13 A. The beginning of April? 14 Q. Yes. 15 A. No. That's when I called Todd and I asked Todd 16 what he put on her because Katie told me it was Vicks. So, I 17 called him and I asked him. I said, Todd, what did you put on 18 Katie? And this was an hour after we came home and Katie said 19 that it was Vicks and I asked Todd and Todd's exact words were, I 20 didn't put nothing on her. What? Somebody touch her? And he 21 hung the phone up on me. 22 Q. Miss Karichner, my question to you is, Did you or 23 did you not send salve up or forget to send salve up with Katie 24 back in the beginning of April? 25 A. I went to the store. ?J i J J :J .J 23 1 Q. That's a simple -- 2 A. I went to the store and I got Vagisil, thinking 3 that might help it, and I told Todd what it was. I forgot it and 4 I didn't understand why he couldn't pick it up, a simple tube, to 5 put on her. 6 Q. So, when Katie complained to Gram and to Mr. Day 7 that Mommy didn't send any salve up -- I'm sore but Mommy didn't 8 send any up, that's what she would have been referring to? 9 A. The Vagisil that I bought, and I specifically told 10 them I forgot it, trying getting around for work. it Q. I'm not blaming you for forgetting. I'm just 12 asking you -- 13 A. He never wants to buy this kid anything. This kid 14 goes home hungry. She tells me all the time. What am I supposed 15 to do? 16 Q. Miss Karichner, does Katie play doctor? 17 A. Does Katie play doctor? 18 Q. Yes. 19 A. At my house, she does not. 20 Q. She doesn't? 21 A. No, she does not. 22 Q. Does she ever scratch herself or touch herself or 23 moon anybody? 24 A. Excuse me? 25 Q. Does she ever scratch herself in her private area a a a a a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 or touch herself anywhere in her private area? A. The only time is when she went to the bathroom and she said about it burning and she would point to it. That was it. Q. Has she ever pulled down her pants and mooned anybody and said, Look at my butt -- A. No. Q. -- in a laughing -- like a little kid might do? A. No, I have never seen that. Q. You have never seen that? A. No, I have never seen her do it. Q. Did she ever play like she was having a baby? A. No, I have never seen it. Q. When did you give Mr. Day your new address? A. Wednesday, when he brought Katie back. Q. Would that have been April 22nd? A. Yes, it was. Q. When did you give him your new phone number? A. April 22nd. Q. When did Katie first see this place? A. The Wednesday that she came up with her dad. Q. So, she saw it that day? A. Yes. Q. So, you were moving in that day? A. It was that night that we started moving stuff 25 1 over . 2 Q. So, if Katie would say that Mommy and Dad -- Dave 3 have their bedroom and she has a bedroom, that would be because a 4 she saw that place that day? 5 A. Yes. 6 Q. Okay. In the past two or three months, have you 7 made any comments to anyone that you wanted Mr. Day to sign off 8 so Dave could adopt Katie? ? J 9 thi A I id t L b t it I id H r . sa some ng o enore a ou . sa , e 10 doesn't want to support her and he doesn't want to do anything 11 with her. It seems like the grandmother is the one that's 12 pushing the issue. 13 Q. Have you ever said anything to Hope, Mr. Day's 14 girlfriend, about it? 15 A. No, I did not, not that I know of. 16 Q. What shift does Dave work, your boyfriend? d 17 A. Dave, he works at Frye Communication. He works w? J 18 from 6:00 in the morning to 6:00 at night Monday through Friday 19 every other week. 20 Q. Every other week? 21 A. Yes. J 22 Q. So, there are weeks when he has off? J 23 A. The weeks that he has off have been the weeks that 24 Todd has Katie. 25 Q. So, you anticipated my next question. J J a J J 26 1 A. (No response.) 2 THE COURT: Apparently. 3 BY MR. BRUNGARD: 4 Q. Do you have any proof that he works the week on and 5 week off when -- his schedule? 6 A. Not with me, but I can get it, yes. 7 Q. Does Dave ever watch Katie? 8 A. No, he does not. He doesn't feel comfo rtable 9 watching her. 10 Q. Now, without going into any detail, is it a fact 11 you and your sister were abused as minors? 12 A. No. 13 Q. So, you have never told Mr. Day and you have never 14 told Mr. Zimmerman, you have never told anybody that your father 15 touched you or abused you when you were minors? 16 A. He never touched us, but he has smacked us, but not 17 really t ouched us. 18 Q. Smacked you where? 19 A. He has gave us lickings when we were in trouble on 20 the behi nd but nothing to abuse us. 21 Q. So, if Mr. Day said -- 22 THE COURT: Mr. Brungard. 23 MR. BRUNGARD: Certainly, Your Honor. 24 BY MR. B RUNGARD: 25 Q. When you wash your clothes and Katie's clothes, e u u J 27 1 what do you use? 2 A. Surf. 3 Q. Do you use anything else? Do you use any other 4 additional detergents, Chlorox, anything like that? 5 A. No, because I'm not able to use it myself. 6 Q. Did you at one time use Chlorox? 7 A. Just on whites but never on Katie's clothes, just 8 on her socks. 9 Q. What color underwear does she use? Does she wear 10 white underwear or does she wear dyed underwear? 11 A. I always get her -- not dyed underwear but white 12 underwear with prints on them; but when she comes back, she does 13 have dark navy blue underwear on. She has one pair of silky blue 14 underwear. That's all. 15 Q. So, it's your position that you have her wear white 16 underwear and Mr. Day's family has her wear colored underwear? 17 A. She comes back where a pair of blue underwear. 18 Q. Doesn't she come back in the same clothes that she 19 gets sent in? 20 A. Sometimes. Well, most of the time she does, except 21 her underwear and socks may be different. 22 Q. So, is it fair to say that you keep a set of 23 clothes for Katie and Mr. Day keeps a set of clothes for Katie? 24 A. What do you mean? 25 Q. I'm talking about all of her clothes. Is it fair f? 28 1 to say that you keep a set of clothes for Katie and Mr. Day keeps 2 a set of clo thes for Katie? 3 A. Yes, I have sent clothes up for Todd to keep there 4 for Katie. 5 Q. Have you ever told Katie that Daddy is going to go 6 to jail? 7 A. No, I have not. 8 Q. Never? 9 A. Never. I wouldn't even tell Katie something like 10 that. 11 Q. When you were in high school, did you have to go to 12 the hospital at one point in time to have a foreign object 13 removed from you? 14 A. No, that is not true. It's a rumor. I know 15 exactly what you're talking about. A girl at school didn't like 16 me. She accused me of using a hot dog and having it removed. It 17 never happened. 18 Q. Does Dave have any kids? 19 A. No, Dave does not have any kids. 20 Q. The report from Doctor Greenwald indicates that you 21 found her completely undressed in the middle of the night. 22 A. Yes. That was just recently. 23 Q. What's recently? 24 A. Thursday, it was. She came home Wednesday night, 25 11 went right to bed. We woke up in the middle of the night to go 29 1 get her something to drink. 2 Q. On Wednesday night/Thursday morning? 3 A. Yes. 4 Q. So, we're talking -- you pick her up Wednesday 5 night about 6:30, 7 o'clock, take her home. She goes to bed and 6 between Wednesday night and Thursday morning she wakes up in the 7 middle of the night at your house where Dave is completely e undressed? 9 A Y . es. r? 1 10 Q. Thank you. W 11 A. But Dave was nowhere near her whatsoever because I 12 was up most of the night; and when I found Katie, she was crying. S 13 Q. You have answered my question. Now, -- 1 4 A. And Katie doesn't issue Dave as being her Daddy. p7? dd 15 She says she only has one Daddy and that's Todd. She will not 16 call anybody else Daddy. 17 G I did 't k h i Q. ee, n even as you t at quest on. 18 THE COURT: Mr. Brungara, that's one. 19 BY MR. BRUNGARD: 20 Q. Do you tell Katie that you keep secrets, that 1J 21 secrets are between you and Katie? ' • 22 A. No, I do not, because I don t feel that's J 23 appropriate. 24 Q. Can you explain to the Court why Katie would say j J 2 th t M d h ll d t t d h h h 5 a ommy an er are a owe o at you an -- ouc er t J 30 1 private parts but nobody else is? 2 A. That's only to bath her; and when she tells me that 3 it hurts down there, I will put cream on her. Those are the only 4 times I ever touched her. 5 Q. I'm not accusing you of abusing your child. My 6 question is, Can you explain to me why Katie would say only me 7 and Mommy are allowed to touch my private parts? 8 A. I never told Katie that at all. I have told Katie 9 that Mommy will look at it and put cream on it and bath her. 10 That's the exact words I have said to Katie. 11 Q. Well, on the top of page 2 of Doctor Greenwald's 12 report, you indicate that Katie has been acting out, correct? 13 A. Just that one night over there in the hospital on 14 Thursday night and that's what I told Doctor Greenwald. 15 Q. You told him what? 16 A. That Thursday night, one of the culture tubes, 17 Katie stuck it in a rubber glove and she stuck between her legs. q, 18 That's all she did, and that's exactly what I told Doctor 19 Greenwald. 20 Q. And she did that to herself? 21 A. Yes, and then that's when Doctor Greenwald told me 22 that -- 23 Q. I'm not asking you what Doctor Greenwald said 24 because you can't say what Doctor Greenwald said because we don't 25 get a chance to examine him. Is it fair to say that you took 31 1 this child to a doctor on Thursday of last week, Friday of last 2 week, and Monday of this week? 3 A. Yes. I took her Thursday night to the hospital. 4 That was wrote up as alleged sexual assault case. 5 Q. Just answer my question. Did you take the child to 6 the hospital - J 7 THE COURT: Mr. Brungard, don't interrupt her 8 again. If you're going ask her a question, I'm going to let her J 9 u r ti d t i t t h it O p . ne more me, o no n err e answer . 10 MR. BRUNGARD: Certainly. 11 THE COURT: Answer the question. 3 12 A. Yes, I took her to the hospital. They told me to 13 take her to the -- her pediatrician because they believed there 14 was an alleged sexual assault. So, I took her there; and when I 15 took her there, that's when she told everybody it was her daddy 16 that touched her and that's why they referred her to Doctor 17 ld G reenwa . 18 BY MR. BRUNGARD: J 19 Q. Now, wait a minute, Miss Karichner. You're saying 20 that the hospital on Thursday said there was potential sexual 21 assault? 22 A. Yes. 23 Q. Friday, the hospital said potential sexual assault, 24 but the report to the child abuse hotline or child abuse wasn't -n 25 ? til Monda y un J 4? r 0 0 Q kl a a 32 1 A. They wanted to wait to see what Doctor Greenwald 2 said, the specialist; and that's when he told me that there was 3 physical evidence of it and that everything that Katie said 4 matches up with the physical evidence. 5 Q. Now, can you explain why Katie was interviewed and 6 she was asked why she was here today Katie said, To say the words 7 "Daddy said"? B A. All I know was -- from what I was told, Katie told 9 them she was there to talk about what Daddy did. That's all I 10 know. 11 Q. Daddy did or Daddy said? 12 A. Daddy did, as far as I know. 13 Q. Can you explain why this report says: Why she was 14 here today, she said, To say the words "Daddy said"? 15 A. I don't know, but when I was over at Chris Arnold's 16 office, they told me they tried to talk to Katie to get Katie to 17 cooperate and to get Katie to tell her what was going on. 18 THE COURT: Who is the Cody that's referred to in 19 Doctor Greenwald's report? 20 MS. KARICHNER: I have no idea who Cody is. I just 21 heard of that on Monday. She said that that was Daddy's 22 neighbor. I don't know. The only Cody that I know of was 23 supposedly Todd's girlfriend's niece -- or nephew, Dakota. 24 That's the only one that I have heard of that Katie mentioned to 25 me, that she would call him Baby Dakota, whoever that Dakota was ri f r? J J J 33 1 that Hope was watching, the baby. 2 MR. BRUNGARD: I have nothing further of this 3 witness. 4 THE COURT: Ms. Urbano? 5 6 CROSS-EXAMINATION 7 8 BY MS. URBANO: 9 Q. I'd like you to tell the Court what happened when 10 the child returned from her father this last time, which would 11 have been the 23rd, I believe? 12 A. Wednesday, we picked Katie up. We got home around 13 8 o'clock, 8:30. I went and put Katie in bed because she was 14 really tired, but on the way home Katie was telling us that she 15 was hungry and her dad didn't feed her again. So, we stopped and 16 grabbed her something to eat. We got home. I put her to bed. 17 Dave goes up and goes to bed and I was sitting up in her room 18 with Katie reading stories and we were just talking and then she 19 fell asleep. That night -- or during the middle of the night I 20 was still awake. I was having trouble sleeping. Just recently 21 it's been going on, and I heard Katie crying and I went over 22 because I was in the bedroom reading a book and here she was 23 completely undressed and tossing and turning all over her bed 24 just crying, and I woke her up, and I said, Katie, what's wrong 25 Honey; and she just wouldn't talk to me. She said she just 34 U 1 wanted a drink. So, I got her a drink and got her dressed. n 2 Thursday morning came along. She got up, got ready l) 3 to go to pre-school; and when I took her to pre-school, she is a 4 usually excited to go. She really likes it there. She has a 5 good time, and she didn't want to get out of the car. She didn't i 6 was want to leave my side; and I said -- at the time Miss Lor 7 her teacher; and I turned to her. I said, I don't know if Katie ?j 8 is not feeling well or what's going on. She just came back from 9 her dad's. She said, Okay. I'll just keep an eye on her; and I 10 said, Well, if she is not feeling well, just go ahead and give me 11 a call at work and I'll come get her if need to be; and she said 12 okay. Well, about 11 o'clock, I got a call from the day care to 13 come pick up Katie, but it wasn't because she wasn't feeling th hi 14 e t good. It was because she fell off the tunnels and she 15 side of her head. So, they asked me to take her to the Emergency J 16 Room for that, and I did. 17 Later on that day, every time she went to the 18 bathroom she kept complaining that it hurt, that it hurt, that it 19 hurt; and I said, Why does it hurt, Honey? It just hurts; it 20 burns; it hurts. I was downstairs in the kitchen. It was around 21 7:00, 7:30 because Dave just got home from work, and I was right was ti d K 22 e a there by the sink and he laid down by the couch, an 23 out in the kitchen with me because she was playing on the floor; J J 24 and out of the clear blue, this kid was playing with this doll 25 and she was saying, Hi. I'm walking, talking Doctor Dad; and bab y J e p u a J J 35 1 I said, What? And then she says, Hi. I'm walking, talking 2 Doctor Todd. At that time is when Dave rolled off the couch and 3 he said, What did she just say? And I told him, and she kept 4 going on and on saying that, you know, her Daddy calls her a 5 stupid F, that we F, F you; and she kept on going on and on and 6 on and that's when she said that her Daddy had touched liar down 7 there. That's why I didn't know what to think. I didn't know 8 what to do. I tried to get ahold of you, Lenore, but you weren't 9 there to get ahold of you to find out what to do. So, I thought 10 the best interest was to go get her taken care of, to nee why nhe 11 was sore. 12 Q. Did you make a call -- who did you make a call to 13 first? 14 A. I talked to Crisis Intervention down there in 15 Carlisle to ask them, you know, about what I should do or how I 16 should go about it. I said to them I wasn't accusing anybody of 17 any sexual assault. I don't know. It could be a urinary tract 18 infection or something like that, that she wan with liar dnd and I 19 didn't know how the hygiene was, you know, bring washed or 20 whatever. 21 Q. Now, I want to ask you, had you noticed redness and 22 painful urination before with your daughter? 23 A. Yeah. Ever since I left Todd back in January of 24 197, was it, staying with my mom, Katie came back all Born and 25 red and irritated. 36 1 Q. And how were you dealing with it all this time? 2 A. I just thought it was poor hygiene and just would 3 get Va gisil or cream to put on her because she wasn't being wiped 4 proper ly or wasn't being bathed properly. 5 Q. Did you ever try to speak to Todd about it and ask 6 him if he was having these problems? 7 A. That was in the middle of our -- as I spoke to 8 Randy Brungard about it and I confronted Todd. It was an hour 9 after we got home and Katie told me that Daddy put Vicks on her, 10 which, I knew it wouldn't be Vicks. So, I called and I said, 11 Todd, Katie is complaining that she is sore. What did you use? 12 And I said she said Vicks. He said, Well, she wasn't sore while 13 she wa s up here. What? Did somebody touch her, and hung the 14 phone up on me, wouldn't even discuss anything with me, just hung 15 up on me. 16 Q. And were you just trying to find out what he was 17 using for the redness? 18 A. Yes. 19 Q. All right. Now, you said you called Crisis. What 20 did Cr isis tell you to do? 21 A. They told me to bring her down to the Carlisle 22 Emerge ncy Room. 23 Q. And after they looked at her at Carlisle Emergency 24 Room, what instructions did they give you? 25 A. That's when Doctor Frank advised me to take her to Q a J 37 1 her pediatrician because he felt that there might have been an 2 alleged sexual assault case and to call Cumberland County 3 Children and Youth because he wasn't able to get ahold of them. 4 Q. And did you do that? Did you take her -- 5 A. Yes, I did. 6 Q. -- and call? 7 A. Yes, I did. g Q. And what happened when you were at the 9 pedestrian 's? 10 A. Chris Arnold examined Katie. That is when she told 11 me that she found the cleft. She believed it was at 3 o'clock, 12 but it wasn't. She called the other doctor in to dictate it also 13 so she had more evidence and more proof that it was there. 14 Q. Did you know what a cleft was? Did she explain to 15 you what a cleft was? 16 A. I didn't know what a cleft was until she said that 17 a cleft is a scar that comes from some type of sexual abuse or 1s something being inserted into the vagina. 19 Q. Did she ask -- did she refer Katie to another 20 doctor? 21 A. Yes. She said that she wasn't able to -- 22 MR. BRUNGARD: Your Honor, at this point in time I 23 have to object to everything that this lady said. 24 THE COURT: Sustained. 25 MR. BRUNGARD: Thank you. hi MI 38 1 BY MS. URBANO: 2 Q. I want to know if you were referred to another 3 doctor. 4 A. Yes. 5 Q. And who was that doctor that you were referred to? 6 A. Doctor Greenwald. 7 Q. And did you take her to Doctor Greenwald? 8 A. Yes, I did, on Monday. 9 Q. Prior to taking her to the doctor, had you -- had 10 you been thinking that Katie had been -- was -- had any sexual 11 contact with anyone? Had that entered your mind before or is 12 this the first you really -- 13 A. This is, basically, the first. I just, like I 14 said, I t hought it was just poor hygiene or just not being wiped 15 properly. That's all. 16 Q. Now -- and this has been going on, on and off, for 17 approxima tely, you say a year? 18 A. Yes. 19 Q. Now, Mr. Brungard has asked you a lot of questions 20 about the fellow you're seeing now. 21 A. Yes. 22 Q. What is your relationship to him now? 23 A. I'm his fiancee. We're getting married in June of 24 next year . 25 Q. You said that -- I think you already testified 39 1 briefly that you met him at the end of October. You introduced 2 him to Katie in February. 3 A. Yes, I did. 4 Q. And did he stay overnight at your place when Katie 5 was around? 6 A. Not at all. I wouldn't allow it. 7 Q. And you said -- you told the Judge that you found 8 another home? 9 A. Yes. 10 Q. And would you tell the court -- and you contacted 11 me and asked for me to notify the Court -- 12 A. Yes. 13 Q. -- that you found another home? 14 A. Yes. 15 Q. Were you under -- when did you sign a lease for 16 this home? 17 A. I signed it on the 15th of April. The lady called 18 and said that if I didn't act now on it I wouldn't have the place 19 because there was a couple that was really interested in it also. 20 Q. And was this home better for you and Katie than the 21 home you were living in? 22 A. It was a lot better. We were living in a small two 23 bedroom apartment. It was on a busy road. There was people 24 coming and go ing. There was a church parking lot behind us. She 25 really didn't have much room to play. Inside the house there was 0 0 0 b! 8! a M 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 only one closet, which was in my room. We couldn't hardly have any furniture in there either; and her place now, there is a living room, dining room, full basement, kitchen, her own big bedroom, our bedroom; and it's on about a half acre of ground, if not more, in a nice quiet area. Q. Did you take some pictures of this home -- A. Yes, I did. Q. -- to bring to court with you today? A. Yes, I did. Q. Now, I have given these pictures -- A. I just felt that this was so much better environment for Katie. I really did. Q. And did you think that -- did you think that you needed to have something from the Court okaying this or notifying the Court? MR. BRUNGARD: Objection; leading. BY MS. URBANO: Q. What was your understanding as far as -- A. I just thought my understanding was to notify you and you were going to write a letter to the Judge. That's my understanding of it. Q. And you signed a lease, you said, on April 15th? A. Yes. Q. When did you actually finish to the point where you could move into the place? 41 1 A. On the 21st. 2 Q. The 21st of -- 3 A. April. 4 Q. -- of April, and that's when you and Dave moved in 5 together was the 21st of April? 6 A. Yes, it was. 7 Q. And where was Katie between April 15th and 8 April 21st? 9 A. With her dad. 10 Q. Now, Mr. Day had written a letter to the Judge 11 concerning his having to pay support and a list of different 12 complaints. 13 A. (Witness nods head affirmatively.) 14 Q. I want to ask you, when you were in court in 15 December, where were you working? 16 A. At the Weis Market. 17 Q. And when did you stop working there? 18 A. It was the end of January, beginning of February. 19 Q. Why did you have to stop? 20 A. Because of the constant heavy lifting, I was 21 bleeding and I was swelling. I couldn't keep lifting. 22 Q. Had you had surgery in the past? 23 A. I had surgery in October of 196 for a complete 24 hysterectomy due to cancer cells. Back in June of '97, I had to 25 go back in and have some more surgery because the doctor didn't a M Ml M ¦ 42 1 get all the growth, but this is something I have been battling 2 with. 3 Q. And were you able, because of the swelling to 4 return to Weis to that job? 5 A. The doctor referred me to a pain management clinic, 6 and his rec ommendation was not to go back, try to find an office 7 type job where I'm sitting or minimize the lifting. Weis Markets 8 couldn't mi nimize lifting for me. So, I had to stop working 9 there. 10 Q. And you got the job, then, for AT&T with the temp 11 agency? 12 A. Yes. 13 Q. Do you expect that to be permanent? 14 A. Yes, I do. 15 Q. Are you just hoping it will be permanent? 16 A. Yeah. They said there was an ongoing contract with 17 them that a fter ninety days they evaluate you for being hired 18 directly on with them; and if I got hired with them, it will be 19 Nine Fifty an hour, where I'm making Eight Fifty an hour now 20 versus Five Twenty-five at Weis'. 21 Q. So, this is a better job? 22 A. A lot better job. 23 Q. Any possibility for health benefits here? 24 A. Yeah. 25 Q. Now, Mr. Day complained about the support issue. _ ,-% y-- W a Y r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 Did the support office terminate your support action in February -- on February 17th of this year? A. Yes, they did. Q. Did you actually authorize that? A. No, I did not. Q. What happened? A. I spoke with Jeanne Monoski on the 12th of February i and I asked Jeanne, I said, we are going to be going 50/50 custody. Do I need to stop support or what do I do? She said, No, you don't need to stop support, but if you would like to stop support, you have to put it in writing and send it to me. Q. And did you ever put anything in writing and ask her to do that? A. No, I didn't. She went ahead and stopped it herself. Q. When we were in court in February, did you go back to the support office to see about getting that reinstated then, since it had been terminated in error? A. Yes. That's when we talked to Michael Angelelli and he said that since it was terminated, that since I live in Cumberland County we could go down there and file. Q. And did you do that? A. Not right away, no, I did not. Q. Eventually did you do that, refile for it to get it reinstated again? 44 1 A. Yes, I did. 2 Q. And when and where was the conference held? 3 A. The conference was held this Monday up here in 4 Clinton Count y. Todd refused to go to Cumberland County. 5 Q. You testified, I believe, already you were able to 6 get Katie int o a pre-school program? 7 A. Yes, I did. 8 Q. And is that a program that she can continue through 9 the summer? 10 A. Yes. 11 Q. And can she continue in that for Kindergarten next 12 year? 13 A. Yes, she can. They have a certified teacher so 14 that she can go to Kindergarten right there on site so that I 15 don't have to worry about trying to find a sitter before or after 16 school. She can go right there and I know right where she's at. 17 Q. Does Katie enjoy that school? 18 A. She enjoys it very much. 19 Q. Do you get weekly reports from the school? 20 A. I get a report every day from the school. 21 Q. When you were in mediation with Mr. Meacham, did 22 you discuss w ith him and Todd at that time or did the two of you 23 discuss your desire to get Katie into a pre-school setting? 24 A. Excuse me? 25 Q. Did you discuss with Mr. Meacham during your 45 1 mediation about getting -- trying to move Katie into a 2 pre-school? 3 A. Yeah. That was with the intermediate unit. 4 Q. Now, when you went to AT&T, how did your hours 5 change from when we were in court in December? 6 A. At the Weis Markets I was working either 7:00 to 7 4:00 or 8:00 to 4:00. I'm working 8:00 to 5:30 now. 8 Q. To 5:30? 9 A. Or I'm sorry. 8:30 to 5:00. 10 Q. To 5:00? 11 A. Yeah, to 5:00. 12 Q. And when did you actually start at AT&T? 13 A. March 30th. 14 Q. And when did you inform Mr. Day that your work 15 hours were going to be changing? 16 A. On the 23rd of March when I called to talk to 17 Katie. 18 Q. And were you able to talk to him on the 23rd? 19 A. No, I was not. 20 Q. Did you try to notify him since you weren't able to 21 talk to him -- first, did you ask to talk to him? 22 A. Yes. i asked Katie to put her dad on the phone and 23 Katie said, Daddy, Mommy wants to talk to you; and in the 24 background Todd is shouting, Well, I'm not talking to that F 25 bitch becau se she' s a slut. All she wants is my money. 46 1 Q. Did he ever get on the phone to talk to you? 2 A. No, he did not. 3 Q. Did you try to let him know through his attorney 4 about the change in your work time? 5 A. Yes. That is when I contacted you and contacted 6 him. 7 Q. And did you ever get any response regarding e changing that time after the letters were sent? 9 A. No. On April let, that's when I got called a liar 10 stating that it was never sent, that I was lying, that you never 11 sent anything to the attorney. 12 Q. So, on April let, would that have been the first 13 time that you would have been late -- 14 A. Yes. 15 Q. -- and you wouldn't have been there at 6:15? 16 A. Yes, it was. 17 Q. Okay. To your knowledge, did the time ever change is from 6:15 to 6:30 or was it always 6:157 19 A. We were meeting at 6:30, yes. 20 Q. Okay. I'd like you to tell the Court what happened 21 when you arrived late -- you were later than 6:30 on the let, 22 April 1st? 23 A. We arrived about ten minutes of 7:00 with Katie. I 24 asked Dave to get out of our truck with me because when we 25 M arrived Jane was already out of the car. i 47 1 Q. Who is Jane? 7 2 A. Todd's mom and the car doors were wide open and I 3 just had a funny feeling that something was going to happen. We 4 got there. I left -- Katie g ave Dave a kiss good-bye and I bent 5 down to giv e her a kiss, and at that time Todd's mom took her and 6 put her in the carseat and wouldn't leave me give her a kiss 7 good-bye or nothing. I told Todd I would see him nex t Wednesday 8 at 7 o'cloc k because of work. He said, No, you will be here at 9 2:00 in the morning because I have to work too. 10 Q. When does he get off work? 11 A. He works 4:00 to midnight that day, but any other ] 12 time his mom usually brought her back. It's always been his mom 13 or his dad. He has only brought her back four times since J 14 everything has been going on. I said, No, I'll be here at 7:00 15 because of work. I said, Two o'clock in the morning, that's 16 ridiculous. Then, he was going on about something. I can't J 17 b tl t h h i d h remem er exac y w a e was say ng; an , t en, his mom walked 18 over to Dave and says, All we care about is Katie. All I want is 19 Katie; and at that time Todd was in the front seat reaching 20 across Katie. Yeah, Dave, all she's going to do is take your 21 F-ing money. She doesn't want to be with you and she's nothing 22 but a slut; and Katie is sitting in the carseat screaming wanting 23 to talk to me or wanting me to hold her. I did nudge my way in 24 because Katie had wanted a kiss good-bye. J 25 MR. BRUNGARD: Excuse me. I didn't hear what you J ?1 I 1 II said. 48 2 MS. KARICHNER: I nudged my way in to give Katie a F1 3 hug and a kiss good-bye. 4 A. At that time Jane said to me, She is no longer your 5 daughter; she is my daughter. I said, No, she is not. At that 6 time also Katie was still screaming, crying. They were screaming t 7 and yelling. A lady in the parking lot went into Walmart and 8 called the police. Walmart called the police. It wasn't Todd 9 d hi h ll d h li h an s mom t at ca e t e po ce. It was t e Walmart, the 10 workers, and a lady in the parking lot. As soon as they heard 11 the words "police coming," Jane says, Hurry up, Todd. Get out of 12 here. Let's go. His mom wasn't even in the car before they 13 pulled out of there. The car door was still wide open; and, 14 also, Jane was yelling, Go ahead, twist my wrists, break them; 15 and I wasn't touching the lady at all one bit. She was getting 16 ready to hit me and I did say to her, Go ahead, hit me; but I f d h d i l I h d th k h 17 s on my arm rom er emean ng y. a e mar never t reatene 18 Jane where she grabbed me by the arm and black and blued my arm. 19 She was screaming to me to leave go of her wrists; but, actually, 20 she was holding onto me. It wasn't me holding onto her. I never 21 once shouted to her or anything like that. I was just trying to 22 hold Katie and then I did nudge my way back in and Katie was ¦ 23 holding me by the neck asking me to hold her while Todd is 24 screaming, All she's going to do is take your money -- and 25 swearing. I did unhook the seatbelt and I was trying to hold ¦ W 49 1 Katie but I never got her out of the car because Todd shouted, 2 Mom, she is going to take Katie and never give her back. 3 THE COURT: Now, tell me this, ma'am. 4 MS. KARICHNER: Yes? 5 THE COURT: Why would you try to take the child out 6 of Mr. Day's car when it was Mr. Day's period of partial 7 custody? 8 MS. KARICHNER: I was just trying to comfort Katie 9 because she was really upset and crying. 10 THE COURT: Well, the next time you do that, if I 11 make a finding that you have done that, it will be the last time 12 you see your child. Do you understand that? 13 MS. KARICHNER: Okay. 14 THE COURT: You're her mother and you get her a 15 certain amount of time. He's her father; he gets her a certain 16 amount of time. That's it. The two of you can't agree. So, I'm 17 the one that decides it -- 18 MS. KARICHNER: Okay. 19 THE COURT: -- and when the clock strikes whatever 20 the time is, you're done. You're not her mother anymore. Do you 21 understand that? 22 MS. KARICHNER: Yeah. 23 THE COURT: I don't care if she's bleeding to 24 death, choking to death, or what she's doing. You don't 25 interfere. It's his problem. ¦ 50 1 MS. KARICHNER: Okay. 2 BY MS. URBANO: 3 Q. Did the police come? 4 A. Yes, the police came. 5 Q. And did you stay for the police to come? 6 A. Yes, we did stay. 7 Q. And did Todd and his mother stay for the police to 8 come? 9 A. No. Like I said, Todd's mom told him to hurry up 10 and get out of there. 11 Q. And did you stay and talk to the officers? 12 A. Yes, I did. 13 Q. Now, I'm going to show you what I have marked, a 14 stack - - 15 THE COURT: Mr. Brungard, do you have any concern 16 with the facilities? 17 MR. BRUNGARD: The facilities look fine, Your 18 Honor. 19 MS. URBANO: So, you have no interest in -- 20 THE COURT: I have no interest. 21 MS. URBANO: Okay. 22 BY MS. URBANO: 23 Q. I'm going to show you what I have marked, four 24 11 pictures, as Plaintiff Exhibit 2 and I'd like you to identify 25 what this is. Q J i J 51 1 A. (Examining Exhibit) That's the bruise on my arm 2 where Jane grabbed ahold of me. 3 Q. And are they all the same arm? 4 A. Yes, they are the same arm. 5 MS. URBANO: Your Honor, I'd like to introduce the 6 pictures as -- I have got it marked Plaintiff Exhibit 2 -- 7 actually, it would be Exhibit 1. So, I'll change that. 8 THE COURT: Four pictures or one picture? 9 MS. URBANO: No. There are five pictures, but it 10 is all of the same arm. 11 THE COURT: All right. 12 BY MS. URBANO: 13 Q. Other than this problem that you had with the 14 grandmother and this new problem that Katie has come with, the 15 abuse, had there been, since February, any problems with Mr. Day 16 following the Court Order? 17 A. Yes, there has been. 18 Q. And what is that problem? 19 A. Mr. Meacham ordered that we be allowed two phone 20 calls per visit. Todd doesn't bother calling Katie at all when I 21 have Katie; and when he has Katie, yes, I do call everyday. It's 22 only because I call and leave a message on the answering machine 23 to have her be there at a certain time and she is never there. 24 Katie has stated to me, Mommy, I hear you on the answering 25 machine but Daddy won't leave me talk to you. ?J A A r r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 Q. Now, the first week, did he allow you your two calls the week between March 4th and March 11th? A. Yeah. Q. And, then, the week between March 18th and March 25th, did he allow two calls on that week? A. No, he didn't. On Monday the 23rd just by luck one of the kids answered the phone and left me talk to Katie. Q. And I want you to describe for the Court -- let me back up here. April -- between April 1st and April 8th, did he allow you a call? A. No, I had no phone contact with Katie at all. Q. And between the 15th and 22nd, did he allow you a call? A. I didn't get no contact at his house; but on Katie's birthday on the 20th, I did get ahold of her at her grandmother' s. Q. So, I want you to describe for the Court during these weeks that you were trying to get your calls, approximately what day wou ld you try to get your first call during the week? A. I usually tried to get it on Friday. Q. Friday after you would have dropped her off Wednesday? A. Right. Q. And how would it go? What would you do? A. I would leave a message stating it's me calling and 53 1 I'll try back late r or I'll try tomorrow at such and such a time. 2 Q. And, then, would you try the next day at that time? 3 A. Yes, I would. 4 Q. And would she be there? 5 A. No. 6 Q. Woul d you leave another message for the next day? 7 A. Yes, I would. 8 Q. And it would go so on and so on each day she was 9 there? 10 A. Um-hum. 11 Q. So, in effect, you would end up calling every day 12 trying to get your first contact with her? 13 A. Yes. 14 Q. Now, -- 15 THE COURT: Excuse me, now. What is the -- this is 16 still a seven day rotating basis; is that right? 17 MS. KARICHNER: Yes. 18 THE COURT: And the change is made on a Wednesday? 19 MS. KARICHNER: Yes. 20 THE COURT: Why is the change made on a Wednesday? 21 I've forgotten. 22 MS. URBANO: You set that, Your Honor. 23 MS. KARICHNER: You ordered it. 24 MR. BRUNGARD: It has to do with his work schedule, 25 11 Your Honor. He works at Hammermill and he's got a swing shift. 54 a 1 THE COURT: He works at Corning. 2 MR. BRUNGARD: Excuse me; Corning, and it's a swing 3 shift and that's when it allows the child on the swing shift 4 to -- Dad's with her. 5 THE COURT: So, Wednesday is a better day than 6 Saturday or Sunday? A 7 MR. BRUNGARD: Yes. 8 MS. URBANO: Your Honor, for him, apparently, it is p 9 and that's why he wants it. 10 THE COURT: All right. Well, what time does the 11 child go to bed, Mr. Day? D 12 MR. DAY: 8:00 or 8:30, between 8:00 and 9:00. 13 THE COURT: And you prefer Friday and Monday? es I call h ll ' 14 . , y y w en s usua MS. RARICHNER: That 15 THE COURT: Have her there at 8 o'clock on Friday 16 and Monday, Mr. Day, and you'll answer the phone -- or whoever y 17 has the child will have her there at those times. 18 Let's go onto something else. 19 BY MS. URBANO: 20 Q. Had you considered filing contempt for this 21 telephone issue? 22 A. No. That's when I asked you if you could write a P 23 letter to Mr. Meacham to go and talk with him to try to work J 24 things out so we wouldn't have to come back to court. j Y 25 Q. So, you have tried to work through Mr. Meacham to 55 1 resolve the little difficulties that you've had? 2 A. Yes, I have. 3 Q. And, in fact, didn't Mr. Meacham give -- was there 4 some difficulty in getting in touch with Mr. Meacham? 5 A. Yes, there was. 6 Q. And, eventually, were you able to get a mediation 7 time from Mr. Meacham? 8 A. Yeah, on May 6th at 8:30 in the morning. 9 THE COURT: I missed that. What that's date? 10 MS. KARICHNER: May 6th at 8:30. 11 THE COURT: For what? 12 MS. KARICHNER: To try to work some of the problems 13 out so we wouldn't have to come back to court because, see, Mr. 14 Meacham said if we had any problems to get in contact with him. 15 BY MS. URBANO: 16 Q. Have you been advised by Children and Youth not to 17 allow contact with the father until they complete their 18 investigation? 19 MR. BRUNGARD: Objection; hearsay. 20 THE COURT: I'm sorry. I was talking to Deputy Lei syV 21 Barner. I didn't hear the question. 22 MS. URBANO: Do you want me to repeat it? 23 THE COURT: Yes. , 24 MS. URBANO: I asked her if she has been advised by } 25 Children and Youth not allow contact pending completion of an 4 56 1 investigation. 2 THE COURT: Well, the first question is, Which 3 Children and Youth? 4 MS. URBANO: By Clinton County Children and Youth. 5 THE COURT: You may be treading on -- 6 MS. URBANO: Pardon me? 7 THE COURT: You may be treading on ground you don't 8 want to tread. I'm going to sustain the objection. a 9 BY MS URBANO . : Q 10 Q. Now, the Judge asked you a question about making a 11 choice between Mr. Noreika, who has lived with you approximately 12 a week, and your child; and you indicated your child. 13 A. Yes. a 14 Q. Pending completion of an investigation and any 15 recommendations therefrom, even though Mr.. Noreika has not been 16 involved, he has not been with the child during this period, 17 would ou -- y Q 18 MR. BRUNGARD: Objection. That's not accurate. 19 THE COURT: Is there an objection? 20 MS. URBANO: I'll strike that and try to clear it 21 up. 22 BY MS. URBANO: 23 Q. Would you be willing to not have -- to have Mr. 24 Noreika go back and live with his parents pending any completion 25 I of an investigation or a recommendation otherwise by Children and 4! W fy ¦ 0 57 1 II Youth? 2 A. I have no objections to that, no. 3 Q. Would you be willing to not have her have any 4 contact at all with your fiancee pending completion of an 5 investigation? 6 A. I have no objections to that either. 7 Q. One final question: Would you have concerns about 8 Katie being removed from you pending further investigation? 9 A. Excuse me? 10 Q. Would you be concerned about Katie being removed 11 from you while the investigation is going on, having her away 12 from her mother? 13 A. Yes. 14 MR. BRUNGARD: Judge, I would stipulate that any 15 parent would be concerned with the child being removed from their 16 care. 17 THE COURT: All right. You stipulated. She has 18 answered. Is there anything else? 19 MS. URBANO: I have no further questions. 20 THE COURT: Anything else? 21 MR. BRUNGARD: Yes, Your Honor, just a few brief 22 questions. 23 24 RECROSS-EXAMINATION 25 ' 58 ' 1 BY MR. BRUNGARD: 2 Q. You indicated that you wouldn't allow Dave to stay ' 3 overnight because of Katie. 4 A. Right. 5 Q. But now David is around and Katie is still around, t? 6 correc O 7 A. Yes. 8 Q. So, what you were concerned about, you're 9 apparently no longer concerned about, correct? 10 A. No. I'm still concerned. Dave never done anything Q 11 to Katie, but he doesn't feel comfortable being alone with Katie A 12 because of incidents like this that might arise. 13 Q. Well, I believe you indicated that you wouldn't 14 allow Dave to stay overnight while Katie was around. Q 15 A. Right, because the Court order said not to and my 16 attorney advised me not to. O 17 Q. But you don't have those concerns now? 18 A. I -- when? 19 Q. Before this hearing. 20 A. About him being left alone with her? 21 Q. No, about him being -- Katie described it as her 22 bedroom and Mommy and Dave's bedroom. You described it as 23 Katie's got a big bedroom and our bedroom. I assume you meant 24 Dave. 1 25 A. Yes. h! a a A Mi 1 ¦ 59 1 Q. So, you and David live together? 2 A. Just about a week. 3 Q. But Katie is around? 4 A. Yes. 5 Q. Now, how many jobs have you had in the past year? 6 A. I'm not sure. 7 Q. Is it fair to say more than three? 8 A. No. It's one. It's about -- no, this is the 9 fourth one. 10 Q. How many residences have you lived in since January 11 of '97? 12 A. My mom's; stayed back with Todd for a little bit; 13 went down t o Charlie Cooper's; up to Bill's; and back down with 14 my parents until this house. 15 Q. Well, how many places down in Carlisle where your 16 parents are living did you live at? 17 A. Just my parents. 18 Q. Well, what about your apartment that you talked 19 about? 20 A. My apartment that I rented prior to now -- excuse 21 me. 22 Q. And the current apartment? 23 A. Current house, yes. 24 Q. And didn't you also live someplace with somebody 25 II else for a while? 0 ki Q ¦ D 1 60 1 A. No, I did not. 2 Q. Didn't you live with your brother for a while? 3 A. I stayed on and off with my brother but never lived 4 with my brother. 5 Q. Well, did Katie stay there? 6 A. No, Katie did not. Katie was with her dad. 7 Q. So, at least eight different places? 8 THE COURT: A number of different places. 9 What's 3 Albert Lane, Apartment 16, Dillsburg? 10 MS. KARICHNER: When I was staying with my parents, 11 there was an apartment that their landlord had above them. It 12 was just a one bedroom apartment. i was going to take it. I 13 started putting things over into my name but never moved in. My 14 mom and dad and I sat down and discussed it and we talked and we 15 figured I couldn't afford it on my own. So, that was phone 16 service that was supposed to be there and they forwarded -- they 17 disconnected it and they told me there wouldn't be a charge but 18 there was a charge. 19 BY *..',R. BRUNGARD : 20 Q. Now, it's your position with reference to child JSY,# 21 support that Jeanne Monoski unilaterally discontinued child } 22 support. w . 23 A. Yes. I have a letter where she wrote it. 24 Q. And it wasn't with your permission? 25 A. No. I just asked a question and she told me how to 61 1 go about it i f I wanted to drop child support, that I had to 2 write the let ter and send it to her; and I have never did. 3 Q. Is it fair to say that y you have taken Mr. Day to 1'. 4 child support court since you guys separated at least five 5 different occ asions? ' 6 A. I wouldn t say that. No, it's not. I haven't 7 counted. So, I don't know exactly. 8 Q. Is it safe to say that since last April there have 9 been numerous tim wh h t k M D hild t? es en you ave a r. en ay to c suppor 10 A. I have taken him back several times, yes. 11 Q. Is it safe to say that you weren't there on Monday 12 when Mr. Day had to go to a child support hearing? 13 A. Yes. We talked to Jeanne Monoski prior to this and 14 she told me I just had to send the information to her because I 15 had to take K atie to the doctor. 16 Q. Now, you indicated that Katie is currently in a 17 pre-school program. When did she start in the pre-school 18 program? 19 A. March 30th, when I started to work. 20 Q. And when, if at all, did you ever tell Mr. Day that ' 21 she was going into a pre-school program or haven't you yet? 22 A. i told Todd about her being in pre-school. e.; r 23 Q. When? 24 A. Prior to me going to work. " 25 Q. How many babysitters or day care places has Katie ,.? of n I dl ¦ 62 1 been in since and including December of 1997? 2 A. I'm not quite sure. A lot of the time when I take 3 Katie to the day care, she is not comfortable with her day care. 4 I'm not going to leave her in a situation where she is not 5 comfortable, and I'm trying to find the best care that I can to 6 provide for Katie. So, if I have taken her to different day 7 cares, it's only because I'm looking for the best care for Katie 8 where she fits in, where she's more comfortable. 9 Q. Is it safe to say that there have been several? 10 A. I'd say there has been about three or four. Along 11 with that, Todd was supposed to notify me of anybody that was 12 watching Katie, and he notified me as he and his mom; and here to 13 find out from Katie, it's not his mom that's watching her. 14 Q. Well, I thought you want the Court to believe that 15 Gram is the one trying to take over this child. 16 A. I'm not trying to make the Court believe that at 17 all. I'm just saying that she has a big part of it. I mean, 18 Todd and I can talk when his mom's not around. As soon as his 19 mom's around, we can't talk. 20 Q. Is it safe to say that the pick up was 6:15, then 21 6:30, and now 7 o'clock? , 22 A. Yes, it is, because of work. 23 Q. Is it safe to say that they have all been at your 24 request? x; y? 25 A. Yes, it is, because of work. I can't get up there J J1 J a rt -J 63 1 in time. It's a very congested area down there, and it's 2 congested. You can't get through in time. 3 Q. Is it safe to say that Mr. Day or Mr. Day's mother 4 or somebody is there to pick up and drop off Katie at the 5 appointed time? 6 A. Not all the time. Sometimes they are late when 7 Katie is with them. 8 Q. Is it safe to say that when you wanted to switch it 9 from 6:30 to 7 o'clock -- and the first switch would have been 10 April 3rd, I believe -- that Mr. Day and his mother were there? 11 THE COURT: Is this helping anybody but you, Mr. 12 Brungard? Because it's not helping me. 13 You may step down, Ma'am. 14 Mr. Wilson, come back up for a minute, please. 15 16 DENNIS WILSON, having been re-called as a witness 17 and having been previously duly sworn, testified as 18 follows: 19 20 THE COURT: Mr. Wilson, if I were to refer this 21 matter to Mrs. McCloskey to consult with the child in the context 22 of this custody action, would that violate some legislative 23 mandate, some Children and Youth mandate, some local Children and 24 Youth regulation, some policy as being a conflict between your 25 continuing abuse investigation and this custody action? 41 t'! w a 64 1 MR. WILSON: It is often the case that when we get 2 sex abuse matters that a referral to Pam McCloskey is appropriate 3 because she is our expert in this area. 4 THE COURT: Okay. Thank you. 5 Mr. Brungard, do I understand that the paternal 6 grandparents are willing to have the child live with them -- 7 MR. BRUNGARD: Yes, Your Honor. 8 THE COURT: -- on a temporary basis? 9 MR. BRUNGARD: Yes, Your Honor. 10 THE COURT: Enter the following Order: 11 "NOW, this date, based upon the reports from 12 Doctor Greenwald and Geisinger Health System which indicate a 13 serious concern about possible sexual abuse of the child, it is 14 hereby ordered pending further proceedings as follows: 15 1. The parties shall continue -- well, strike 16 that. 17 1. The Interim Order of December 23, 1997, shall 18 remain in effect except as modified herein. 19 2. The parties shall continue to exercise partial 20 custody on a seven day alternating basis consistent with the 21 memorandum of Robert J. Meacham dated January 28, 1998, except as 22 modified herein. 23 Next Number --" Who has the child now? 24 MR. BRUNGARD: Dad would have gotten the child last 25 night. Mom has the child right now. 7 tad r1 M a a ¦ 65 1 MS. KARICHNER: She is in pre-school down home. My 2 sister is going to pick her up. 3 THE COURT: "Father's partial custody privileges 4 are reinstated as of May 1, 1998, upon the condition that the 5 child shall reside at the home of the paternal grandparents and 6 the child shall not be alone with Father. 7 Next Number. Mother's resumption of her partial 8 custody privileges in accordance with the existing schedule shall 9 be conditioned upon David Noreika's vacating the residence of 10 Mother prior to that time; David Noreika shall not be permitted 11 to be in the presence of the child on any occasion until further 12 Order. 13 Next Number. Mother's request to change her 14 residence to --" where are you living? 15 MS. KARICHNER: "11 Schoolhouse Road, Newville." ' 16 THE COURT: "-- Pennsylvania, is granted. } 17 Next Number. Both parties shall have the child , J ' 18 available for a telephone call at 8:00 p.m. -- strike that. 7 fin, Vl? 19 The parent in custody shall -_ "the parent havin9 ='.; ,; `' Y? t 20 custody shall have the child available for a telephone call at 0 21 8:00 p.m. on Friday and on Monday; no other telephone 1?1 22 conversations shall be permitted. 23 Next Number. The exchange time shall be 7:00 p.m. 24 at the Walmart store in Shamokin Dam. 25 Next Number. This matter is referred to Pamela 66 1 McCloskey, who shall interview the child and such other parties 2 as she shall deem appropriate and promptly submit to the Court a 3 report. 4 Next Number. Clinton County Children and Youth 5 Social Services Agency is directed and instructed to copy this 6 Court on all written documentation with regard to the ongoing 7 child abuse case." 8 That's it. 9 MS. URBANO: Your Honor, I have one question. As 10 far as Bob Meacham goes, I understand he is a psychologist 11 mediator. Is Pam McCloskey taking his place at this point? I'm 12 not familiar with her. 13 THE COURT: Well, to the extent that Mr. Meacham's 14 services are still needed since the Court seems to have resolved 15 several of the issues, that's fine. The Court's position would 16 be that Mr. Meacham's involvement would be limited to whether the 17 child eats Rice Krispies or Cheerios or what time the telephone 18 calls are to be made or things like that. 19 MS. URBANO: Okay. 20 THE COURT: Ms. McCloskey's involvement is purely 21 related to the allegations of child abuse. 22 MS. URBANO: Okay. Thank you. 23 MR. BRUNGARD: Thank you. 24 (Whereupon, the hearing in the above-entitled 25 matter was recessed at this time.) 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF COURT REPORTER: I, Mona M. Shoemaker, do hereby certify that the proceedings, evidence, and rulings of the Court are contained fully and accurately in the notes as taken by me on the hearing of the above matter and that this is a correct transcription of the same. DATE : 1r?? 9 Ax MONA M. SHOEMAKER Official Court Reporter ?*r+,r*r*r• APPROVAL OF THE COURT: The foregoing record of the proceedings upon the zs hearing of the within matter is hereby approved and directed to "ry' be filed.' S r DATE : S 2r(- 4, J. WILLIAMSON J CLINTON COUNTY COURT OF COMMON PLEAS: Adult/Juvenile Probation Services Domestic Relations Services Tel. (717) 893-4055 BOARD OF COMMISSIONERS: Children and Youth Services Tel. (717) 893-4100 July 13, 1998 Judge J. Michael Williamson Clinton County Court Court House Lock Haven, PA 17745 RE: Shelley M. Karichner Va. Todd W. Day No. 763-97 Misc. No. 330-97 Misc. Dear Judge Williamson: Enclosed please find the Investigative Special Report on the above-captioned matter. Please feel free to contact me if I can be of further assistance. Sincerely, "4 "z Ale, e Lze (Mrs) Pamela G. McCloskey Licensed Psychologist cc: Lenore Urbano, Esq. Randy Brungard, Esq. CCC&YSSA PM/djm Enc. GARDEN BUILDING, 232 EAST MAIN ST., LOCK HAVEN, PA 17745 m a = N G7 "1 40 -JU INVESTIGATIVE SPECIAL REPORT UJ aaaavoaaaaaaaaaaaaaaaaaaaaaaa p P?"! 2 INVESTIGATOR: Pamela McCloskey, Psychologist Ed INVESTIGATION REPORT DATE: June 24, 1998 INVESTIGATION SUBJECT: Katie Day DOB: 04/20/94 Chronological Age: 4 Years, 2 Months INVESTIGATION REFERRAL: aaaaaaacaaaaaaaaaaaaaca Katie Day is a four-year old Caucasian female who was referred for a sexual abuse investigation by Dennis Wilson of Clinton County Children and Youth Services. Mr. Wilson received a complaint from Childline after Katie had been interviewed and examined by a physician. According to the record review completed, Katie had been interviewed and/or examined by at least six different individuals prior to my initial contact with Katie. On April 22, 1998 Katie had been returned to her mother's home after her seven days of custody with her father, Todd Day. On April 23, 1998 Shelly Karichner, Katie's mother, stated that she overheard Katie say , r, "Did i anybody touch 11 you?el reported that she then asked Katie, then reportedly stated, "Yeah, my daddy". Shelly then reportedly asked where her daddy Katie also touches reportedly indicatd that it hurtsi to her when she urinates. Shelly therefore contacted Crisis Intervention who allegedly for an toCarlisle Shelly the 1 emergency Hospital room at advised examination. Katie a was Katie then t taken the Carlisle Hospital on April 23, 1998 for an examination despite Judge Williamson's Court Order Nos. 763-97 MISC. and 330-97 MISC. which examinationsicaAcco ding to he reportnsubmitt d Katie would other allow Dr. Frank to examine her internally. Dr. Frank did however note that Katie had a mild rash on her labia major. Katie did not disclose any specific inappropriate sexual touching to Dr. Frank. She did indicate to Dr. Frank that she and father had a "secret". but no stated that given Kinithead told her Accorading h nurse's notes, uK w V W-1 .U J? 4 4 CDC> Wa? Q m PAGE TWO interviews at the emergency room. Katie was there from 8:30 P.M. to 2:00 a.m. According to Shelly, Dr. Frank recommended an examination for Katie at the Hershey Medical Center. On April 24, 1998 Katie was taken to the Hershey Medical Center. Then she was examined by Chris Arnold, a nurse practitioner, who noted a clef in Katie's vagina at the 3 o'clock position. According to Ms. Arnold's notes, Katie would not be easily examined by Dr. Mark Widome. In fact she had to be restrained in order for the exam to be repeated. Ms. Arnold indicated that at some time when she was sitting on the floor and playing with Katie she asked Katie if anyone had touched her private area, "she replied "yes". Ms. Arnold asked "Who?". She replied "My Daddy". Ms. Arnold then referred Katie to Dr. Greenwald at the Polyclinic Medical Center. On April 27, 1998 Shelly took Katie to Dr. Greenwald's office. When Katie was interviewed there without the mother being present about the touching of her private parts, Katie told them about an incident when "Cody" touched her. When asked if anyone had touched her and told her to keep it a secret, she said "yes". When asked who, she said "daddy". When asked further about the secret Katie stated "keep my bedroom secret" and when asked further about the secret she stated "I don't remember". Dr. Greenwald's physical exam of her hymen "demonstrates the healed residua of the introduction vagina, as evidenced by atcleft h at the the 12ao clock position her which is a healed laceration, involving the edge of her hymen. The transverse diameter of her hymenal orifice was large for her age and ssugests stretching of her her vagina". Cultures were also completed which indicate that Katie has Neisseria Bacteria. While there are different ofbacteria baths; them bubblethree fecal ymatter causes Katie. theTh These are the use this to remaining after wiping herself, and the insertion of foreign objects. (Dr. Greenwald's and the other medical reports are attached). At Dr. Greenwald's office Katie told Amy Murray, Medical Assistant for the Children's Resource Center, that her "dad chokes me and pulls my ears". He calls me a "stupid bitch, stupid Katie, and he yells fuck". Katie reportedly further disclosed to Amy tat obtained in (poining her dad hits her in the face and This informationtw his finger to her vagina)". presence. PAGE THREE on April 28, 1998 Katie was interviewed by Jill Albright of Cumberland County Children and Youth Services (Her report is attached). Katie did not disclose any inappropriate sexual touching by her father in this interview. Ms. Albright contacted the Mulberry Day Care Center. The staff there did not confirm the behavioral changes that Shelly indicated that they would. Katie was then interviewed for three hours by Trooper Joseph Cavanaugh, Pennsylvania State Police, on May 1, 1998. Trooper Cavanaugh indicated that initially Katie would not disclose anything. After being taken into the hallway by her grandmother, who reportedly told her to tell the officer what she told her mother, Katie then disclosed that her daddy had touched her vaginal area, and she then reportedly offered other details. These details were sufficient enough to warrant the issuing of a search warrant. This interview was conducted in the presence of Katie's mother and maternal grandmother. Therefore, prior to this set of interviews, Katie had been interviewed by at least six different individuals and had had three different physical examinations of her genitalia. Prior to this allegation, Clinton County Children and Youth services had received other allegations regarding Katie's care. In March 1997 a call was made to the agency indicating that Katie had been exposed to a domestic violence dispute between Todd and Shelly, that Todd swears at Katie, and that Katie was allowed to ride her bike on the street. These allegations were investigated by the Agency, and were confirmed in the investigation. A letter was sent to Todd Day discouraging this behavior. At that time there was a court Hearing scheduled regarding custody of Katie and the Court made a determination regarding Katie's custody. The Court determined that Mr. Day would have Katie 1-2 days per week depending on his work schedule. In June 1997 a call was received that Mr. Day was drinking and driving with Katie in the car and that Katie was not wearing a seat belt. The caller also indicated that Katie is allowed to drink milk when she's not supposed to and she's not wearing her eyeglasses. This could not be confirmed by the Agency. A call was received on July 2, 1997 that Mr. Day was not giving Katie her medication and was not giving her appropriate medical care. There was also concern about a possible altercation when Katie was to be exchanged. This was investigated by the Agency and the Sheriff's Department had been contacted regarding having a deputy available for the exchange. The lack of medical care was not confirmed by the Agency. PAGE FOUR On July 5, 1997 Lock Haven Hospital's emergency room called the Agency because Katie told a doctor that her dad put a stick in her mouth. There were no noticeable marks inside her mouth. On July 6, 1997 the Agency received a call that Katie's mother noted that Katie had a bruise on her spine and that she had surface blood marks on her neck. This call was received at 11:30 p.m. The State Police reported that they were going to see Katie that night and the caseworker scheduled to see her at 9:00 a.m. The State Police Officer also stated "that Shelly Karichner has been phoning constantly reporting custody issues about Katie's father." When Katie was interviewed privately by the caseworker she indicated that the stick was candy and there were no suspicious marks on her body. In October 1997 another call was placed regarding alleged physical abuse by Mr. Day. This was unfounded. In December 1997 a psychological evaluation was completed regarding custody. Shelly Karichner and Todd Day agreed to a seven-day rotating visitation and they agreed to the use of Betty Henry for a babysitter for Katie when in Shelly's custody and to the paternal grandparents when in Todd's custody. A Court Hearing was held in February 1998 ordering this visitation schedule and Ms. Day was to provide all transportation. In March 1998 a caseworker from DPA in Cumberland Co. called stating that Shelly told this individual that her daughter had been physically abused by her father but that "she had been advised by this Agency not to make any such referrals here". The caseworker corrected this information and indicated that each allegation had been investigated, that a Court Hearing regarding custody had just been held two weeks ago and Shelly's concerns were apparently not presented then, and that all suspicious bruising or statements should be reported to the Agency and that they would be investigated. In April 1998 the Agency received this sexual abuse allegation. This, therefore, is not the first allegation that has been made between Shelly and Todd and the issue of custody continues to be an unresolved matter. Katie has been exposed to this custody dispute, the domestic violence, the tension between her theseavarious allegations fornatrle st the past fifteen months. PAGE FIVE INVESTIGATION ENVIRONMENT: aaaamamamaaaaaaaaaaaaaaaaa Katie Day participated in an investigation at the Clinton County Children and Youth Services' Offices in an office room. The investigation environment was objective, avoiding tendencies toward coercion or bribery. Interviewing techniques implemented by this investigation included attempted adherence to the standard protocol used by the Clinton County Children and Youth Social Service Agency. Specific techniques included art work, interviewing, the use of anatomically correct drawings and the use of Hewitt 's Developmental Touch Continuum. A variety of modalities were implemented in order to corroborate information and to allow Katie to have a variety of expression modalities. In efforts to avoid contamination or subjective influence, different techniques were implemented in order to provide the investigation subject with an opportunity to provide consistent and accurate information. The interview process occurred only with this interviewer present. There were three separate interviews completed with each interview lasting approximately one hour each. Katie was transported to the first and third interviews by her biological father, Todd Day, and his parents, Arlen and Jane Day. Katie was transported to the second interview by her biological mother, Shelly Karichner. None of the adults who transported Katie entered the interview room with her. Katie's father was interviewed after the initial contact and completed the Child Behavioral Inventory. Ms. Karichner also completed the Child Behavioral Inventory and was interviewed by phone on three separate occasions. Katie easily separated from her father and grandparents for the first and third interviews. She had difficulty separating from mother her porting Katie mother the long crying for the ointervi about tan ew. Katie attempted to comfort her and reassure her that everything would be all right. Once Katie was in the interview room for all three interviews she was easily engaged in activities and was generally responsive to questions. Katie actively participated in the investigation process. By the time the interviews were completed, Katie appeared comfortable much more indicated participate inactivities andexercis s pres nted to willingness to There were occasions during the interviews when Katie demonstrated extreme emotion. When Katie related an incident in which Cody pulled her pants down when they were on a trampoline and "hineyll touched her n putting her.hands t on herehips eand stating, "He shouldn't PAGE SIX do that". In terms of this inappropriate touching Katie related where it happened (on the trampoline in her dad's yard), who Cody was (a child about her size), what happened (he pulled her pants down and touched her hiney with his hand) and what happened next (she told Cody's mom and Cody's mom got real mad at Cody and put him in time-out). This incident was later confirmed by a neighbor of Todd Day. When questions were presented about other touching of her genitalia, that is, what Katie referred to as her "bad place" Katie would leave the table area, crawl under a chair, went to the window and/or would begin to ask where her parent was. Katie demonstrated this avoidance behavior during the first two interviews. During these two interviews Katie did state that daddy touches her bad place. She did not offer any other information nor any other details regarding the touching in terms of where it happens, how it feels, where other individuals were or what happened afterwards. In the interviews Katie also stated that mommy touches her bad places and she also named her two female cousins. She did not offer any other details regarding this touching either. On the third interview Katie stated that no one has ever touched her bad places; she stated she was only joking. When Katie was asked about secrets she indicated that she did have a secret. The secret was that mom and Dave were going to get married. She denied any other secrets, good or bad. During the second interview Katie began to talk about seeing her father, Todd, choke Shelly and that Todd was cut with a knife. She reported that it happened in a kitchen. When this was discussed with Shelly, she indicated that she had recently related this incident to Dave while Katie was there. She didn't realize Katie was listening. Shelly also stated that this incident occurred when Katie was a year old. The probability of her remembering this from witnessing it at the age of one year is very small. Katie, however, had insisted that she witnessed this incident. Three adults (Mr. Day, Mrs. Jane Day, and Shelly Karichner) were interviewed regarding Katie's behaviors. All three adults indicated that Katie's behavior began to change around February. Ms. Karichner stated that Katie has exhibited behavior problems since help nine to time, at that time. The difficult behavior at thats according to Shelly, was uncontrollable anger. All the adults the day reorted compliant, t easily a angered, irritable, and enureticgduringe l and night at her mother's home. All three adults stated that they have not noticed Katie masturbating until very recently. PAGE SEVEN Shelly also indicated that Katie is easily confused and that she tends to exaggerate events or statements. Shelly also indicated that Katie has trouble falling asleep and staying asleep. Ms. Karichner stated in my last phone interview with her that Katie has been waking during the night saying, "Don't touch me." She also stated that Katie has been vomiting when at her home. Shelly also stated that Katie has been saying that "daddy is a good daddy now." Todd Day and Jane Day deny that Katie has these sleeping difficulties at their home and they deny that she vomits at their home. They agree that Katie is very active and has shown an increase in her noncompliance and defiance. There were two major events occurring in Katie's life around February. She was reportedly introduced to Dave Noreika, Shelly's current boyfriend, and the new custody arrangement became effective. INVESTIGATION SUMMARY: aavacaaaaaaaaaaaaaaaaa In summary there are numerous factors which made it difficult to complete a valid interview. As indicated previously Katie had already been interviewed by at least six different individuals; some of these interviews were conducted in her mother's presence, some were not. Information regarding the protocols used and how the identity of the alleged perpetrator was determined was not available. Katie had already had three physical examinations of her genitalia prior to this investigation as well. During the past fifteen months Katie has also been exposed to scenes of domestic violence, interviews regarding other abuse allegations, hearing her mother discuss past abusive altercations between her mother and father, a physical move to a new home and area and introduced to mother's boyfriend, a change in her custody arrangement, an introduction to her father's girlfriend and her two sons and very recently the new baby belonging to Mr. Day and his girlfriend, and Mr. Day's girlfriend leaving the home and relocating to another home. These are numerous changes for a four- year old and are contributing to her stress and confusion. The physical evidence regarding the sexual abuse is very strong and indicates that the probability that Katie has been sexually abused is very likely. What has been more difficult to definitively ascertain is the identity of the perpetrator. While Katie has indicated her father, Todd, she has also stated "no one", "my mom", "Ashley", "Megan". The naming of different perpetrators does occur when the child has been victimized for various reasons. It may be due to the need to please the interviewer by offering PAGE EIGHT names which the child believes the interviewer wants to hear but it may also be due to the psychological mechanism of suppression. Suppression occurs when the child does not feel safe enough to offer the name of the perpetrator due to fear and/or traumatization. Due to all of these factors, this examiner is unable to name a definitive perpetrator with the degree of confidence needed. The following recommendations are therefore offered: 1) Katie should become involved in nondirective play therapy which will provide her a safe environment in which she can express her feelings in a variety of modalities regarding these stressful events and perhaps in this setting, with some time coupled with enhanced feelings of safety and security she may disclose her sexual offender. 2) The adults involved have been scheduled for polygraphs and the Pennsylvania State Police are continuing to gather evidence regarding this case. If they make a final determination and charge the perpetrator then a plan to ensure Katie's safety which would involve her not having contact with the sexual offender regardless of whom it may be should be implemented immediately. At this time, Trooper Cavanaugh believes that the evidence gathered thus far indicates that Todd Day is the perpetrator. This is a definite possibility since the child has named him in more than one interview and, according to Trooper Cavanaugh, has offered him significant details regarding the inappropriate sexual touching. 3) In the interim the safety plan currently in place by order of Judge J. Michael Williamson should continue. 4) Comprehensive psychological evaluations of the adults involved should be completed. These evaluations should include not only interviews but personality testing as well. 5) The examinations and interviews of Katie need to be limited. In the past four weeks Katie has received prescriptions for Prevacid 15 mg. and Lactulose 10 gm. from Dr. Attila Devenaja and for Propulsid 1 mg. from Dr. C. Bulin. These examinations and medical appointments were in addition to the evaluations and examinations for the sexual abuse. It is imperative that Shelly Karichner and Todd Day select one primary care physician who can appropriately address Katie's medical needs and who can maintain a consistent, comprehensive medical history of Katie. In order to complete recommendations number one and four, Mr. Day and Ms. Karichner were asked to submit the name(s) of _I PAGE NINE psychologist and/or psychological centers which may beede the complete these recommendations. Ms. Karichner suggest Stevens Center. I spoke with the director of this Center, Robin Tolan. She assured me that she had staff available and qualified who could provide the nondirective play therapy, were knowledgeable about sexual abuse and interviews, could complete comprehensive psychological evaluations and would be willing the submit t e etto court and provide testimony if necessary. Stevens center is 1-888-243-6033 or 1-234-6033. Mr. Day indicated that he regarding psychological services i ree we ith an agency I recommended ag . Family Psychological Center in Sta this Agency is 1-814-234-3010. was not knowledgeable enough n this area and that he would The Agency with this staffing t familiar is child, Adult, and to colleges PA. The number of it is imperative that just one Agency be selected to all the psychological needs of this complex the individuals involved cooperate and sign case and that address all of appropriate releases. If it is determined that Mr. Day did not touch Katie inappropriately then Mr. Day and Ms. Karichner need to focus on the for Katie which allows development of a cooperative parenting plan for the sharing of appropriate information, allows Katie to express any domestic violence where she is positive , does not expose her both parents living, expose her livingng, to information about domestic violence that occurred in the past. It is the job of both parents to shield nd prone t Katie froml any and all assaults to her development physically psychologi. If they continue to expose her to their conflicts and continue to be unable to resolve their differences in a more amicable fashion and and Katie examinations continues will be be os harmed Tepdevelopmentally interviews and psychologically. If it is determined that Katie has been touched inappropriately by her father, Mr. Todd Day, then she should be protected from him and there should be no contact with him unless an office setting and it is it is strictly Katies therapist. recommended PM/djm 07-06-98 aAv 717-531•-0905 PEDIATPIi=S HERSHEY 572 P02 MAY 21'99 09:41 NnnStalc Geisinger Department orl'Wistrica licilth tiv.tcni Children's l1wpmj st.c H085 P O anx 950 Ho. sbc5. PA 110)3 717 S31 W05 Tel 717 SS 1990 Fait stritonulCentral Pediat rics klay20.1999 Chettoe N. Berlin. Jr. M1to 11040Y VA Iffse M1larrttkn h: Calk, M1lD h Judge Michael Williamson Ap,NYx e twr . i'tintan County Court KtuP Lets. Do ka.N hOnv %%I.O d L. L niah MO 1;1:: Day, Katie ,ttnxtwhaht[r MSHNICH 63852 i 54wutt Little. MD DOB: UP20:94 Mq "'W "SK, atu+e.M.ptu.,+,no Dcar Judge Willimnson: ztsur rairuba.rtt.sln Katie Day i-s a patient oflJniversity Pediatrics. Christine Arnold and I AtteDM hurl Kr oordinale her health care. Recently, Katie has developed reactive airway Aoet M. Nat, MO brt h ,4sr An disease, and is using a home nebulizer several times a day to control her coughing and wheezing. A pediatric gastroenterologist, Dr. Attila Sisrk 9. wWeme.wr P, fat ISCvenvi, also follows Katie. She has along history of gastrointestinal I roblcros, and is taking several medications at this dme. Katie needs close observation. and if then: is a change in her condition, an adjtutmcM in her medications would be necessary. Katie's respiratory and gastrointestinal r roblems may be aggravated by stress. We recently referred Katie to the Child Psychiatric diagnostic team here at we Medical Center. Katie has been started on RiWin for Attention Deficit i lyperactive Disorder. She will be monitored by the child psychiatrists for fete months to determine a therapeutic dose. Katie then will be discharged from child psychiatry, and we will be responsible for her medicalion adjustments. Ili-. Susan Lane, a psychologist in the Department of Psychiatry, also sees Katie Dr. I ane is working with Kade and her mother on behavior management strategies, and sees Katie alone to address sexual abuse IIWes . Ili Lane suggested that Katie's mother apply for mental health wrap atound wrviccs through the Steven's. Center in Carlisle. The initial interview process has been completed and Katie should begin receiving lean worvices soon. r.lthough ae have been successful in managing Katie's physical problems, t,e have not yet been able to completch manage her emotimlabbehavior 717-531-09(35 PEDIATRICS HERSHEY Judge Michael Willitunson RE: Day. Katie 572 P03 MAY 21'99 09:42 Page 2 May 20.1999 problems. We luwve seen improvement in the past few months, but Kaue has a long difficult. emotional road ahead, We will cominur to monitor the services that Katie receives, and make adjustments as neer.,sarv. Katic is n child that requires consistency of care, close monitoring, mud as little stress as possible. Katie is receiving the services she needs. If you have any questions regarding Katie please do not hesitate to call us. Sincerely yours, Cheston M. Herli .1r..." Christine Arnold, M.S.N, CRNP University Ptnfumor of Pediatrics Nurse Practitioner Proft-sser of Pharmacology cc: Medical Rccord CMB'1W 717-531•-9995 PEDIATRICS HERSHEY 572 PO1 HAY 21'99 09:41 Pennstate Geisinger ==w wxc? Health S)+tcm Ce:u^a of I katrtl P •. 4+Un/ FAX MESSAGE DATI7 _- %Ijak.&19:2 lkyulwtnt N Ptifl.tntt 0114101 tkgpilt M.C. f 1tV PO N, /ill Ikn4q.PA 1701 •I+fll wh rd 1:1111 19if rm W1 AL hL BM '.F OF PAGEr, ;Including t.hi.e cover letter)-,-2_-- TO PFRaCN _._.--_._-_.?S1Ct5IL'.b:, t'h_nel Mil l iemnnn ---_--^^- OFF'[CE DEIPARTMES'i' --• _°_ FAY Y= t'ERSOtt UFFICE FtiGNI?H.. 71.Z?31?5495?_.----_--_-.•--- DIVI'SI4N ••Ara? _.... _. _._-._.--•-.._.?_.._ vu pflomu# CCOMMENTB: SLEW 3233236 P.01 ATTORNEY AT LAW R.D. 6 POX 69 WLLL6e0RO. -rNN3YLYANIA IODOI TCL 171717$4.7370 Carol Miller Judges Chambers Clinton County Courthouse Lock Haven, Pa. 17745 Re: Kariehner v. Day Dear Ms. Miller, This is in response to your telephone call yesterday. I understand that Randy Brurgard has requested that the Judge snake his last Court Order more specific. Mr. Brungard had notified me that Mr. Day would be taking Katie on the following dates: (1) Thursday, October l" through Monday, October 5"; (2) Thursday, October 29" through Monday, November 2nd; (3) Thursday, November 26" through Monday, November 30"; and (4) Thursday, December 20 through Monday, December 28°. I responded with the attached letter. In the past Mr. Day worked a Friday shift from 12 a.m. until 8 a.m. prior to his long weekend, would sleep on Friday during the day and would begin his weekend long visitation on Friday evening. I assumed that his schedule was the same as it always was and told Mr. Brungard that I thought he had made an error on the dates, Mr. Brangard called and left me a message that I think meant that Mr. Day was not going to be working Friday, October 21. I called back and said that if that was the case then Mts. Karichner would deliver Katie on Thursday. We never did get to talk so I don't know if his schedule has been altered and if so if it has been altered permanently. If Mr. Day's schedule has not changed, then the schedule in my letter should be correct. If it has permanently changed, I was going to let him know that Thursday, October I" is the night set for trick or treating in Mts. Karichner's neighborhood and that Katie would like to participate. Lock Haven trick or treating is on that Saturday. November 26" is Thanksgiving. Mr. Day has had Katie for the past two Thanksgiving dinners. Shelley would like to bring Katie up later if it would be alright with Mrs. Day so that they could have Thanksgiving dinner together. if Mrs. Day does not agree, they'll just have to miss Thanksgiving dinner. The current Court Order was very specific on the Christmas visit. I just extended it because it fell on Mr, Day's long weekend. I believe that the Judge was clear in his prior Order as to the starting time of the visits, l think that the confusion is that Mr. Day's schedule may have changed without our knowing about it. I would think that Mr. Brungard and I should be able to sort this all out ourselves. however Gxtended Page i since W. Btungard felt that the Judge needed to address this, any assistance he may wish to offer would also be appreciated. V truly yours, Lenore M. Vrbano September 25, 1998 Randy P. Brungard Rocnmilin k.. Rnmgard 241 West Main Street Luck Huvezr, Pa. 17745 RE: Karichner v. Day Dear Mr. Brungard, SLEW D/ ArTORNEY AT LAW tr.U. N dox e9 waLL500RO. PENNSYLVANIA I69U1 TEL. (7! 7) 724.9776 3230236 I received your letter dated September 16, 1998. 1 believe the dates for Todd Day's long weekends are incorrect. In the past, when Todd's partial custody schedule coincided with his work schedule, he began his visits on Friday evening. r understand that there were a few times that the grandparents requested extra time and Shelley agreed to adding Thursday. However, the December 23, 1997 Court order clearly states that 1 odd's partial custody on hrs long weekends shall begin at 6:15 p.m. on the father's last day of work. Todd's last day of work is Friday. The time was later changed to 7:00. Thus, Todd receives Friday, beginning at 7:00 p.m. until Monday at 7:00 pm. Furthermore, the currant Order spoeifies that his time over Christmas is from December 25, at 4:00 p.m. until December 27, at 4:00 p.m. Since this falls on Mr. Day's long weekend, Ws time should be extended to December 28, at 'r:00 p.m.. Thus, Todd's partial custody schedule would be as follows: (1) Friday, October 2nd (7:00 p.m. ) through Monday, October 50'; (7:00 p.m.) (2) Friday, October 306i ( 7:00 p m.) through Monday, Novombcr 21(7;00 p,m.) (3) Friday, November 27* (7:00 p.m.) through Monday, November 2" (7:00 p m.) (4) krtday, December 25* (4:00 p.m.) through Monday, December 28' (7:00 p.m,) Shelley may be able to arrange the transfer time for between 5:30 and 6:00 p.m. instead of 7:00 p.m. if Mrs. Day would prefer an earlier exchange time. Either you can lot me know or Mrs. Day can discuss that with Shelley. Please feel free to call me if you have any questions. Very truly yours, P.02 Lenore M. Urbano hr3 >7-56 rv(, 10:6 rs0ns rcu(Alhius 04M YennState Geisinger ® Ncalth System I ACUTE CARE VISIT i 7co _ L4s-? p a .(.4tQ - I'Yl 11i.Qr1. 1? ?.tc.c ox2. ,c a pp f/') Y3 u ? v root PMH: (Hospitnkvnbons5wgw?es/10nus) FAX W. '675312085 The Milton S. Hershey Medical Center F. 03 D A Y( & 3 1? .S' 7 -::? G - Q'Sl Nursing Information: ??/? ^ p Informant APPCataM:e: P t. oL.t.d rescn q Problems Aye 'T yrS '^rw,a?,??a - .L?p?er? ? ..??itd. ?? 11 fl5 cQ Gu?J I?- C?+J Me cations. 't.EG. 7Q.lJN? Mc ?waIm muniMmiiii Reviewed PCP" 44A40 Oc T. P: N: B ;WT: Ib'kg. VITAL SIGNS: OTiO/R 1 IHT. _ Vcm- Physical 1 NORMA L ABNORMAL COIAMENTS GlineralAPpaaranoe liv ( /Q_CQL(Q?J HEW /- ypok ChesVLupgs 1 Heart Abquniwt ! Genitalia $ G ?C Q ?(1 GU` f//,/lQ! Erk'9?ck r ?/1? /-• Skin ( I rn Neuro A: i tut . ,dUL(t_Q.e 01gtd - P: (mehAing Labe, Troatmont, RNaral:, O,C Inslrucennst RTC: ,SSE PiecU,2ES5- Sif? ._? 7" Anticipatory Guidance (ek if discussed) Favor Control, HOW tO take Med,r-'nas:, - Use o1 OCT Med,cmoa _ Whan to call MD: Appropriate we of en. _ `C, Chldran's Carelino a: 5?1463 Qx/ Data: Signatures: kin 708 1y% I ?ur???e ?2(C?/tue.P I oar CLVr?I A."O(c) - Se..v Llar• ?'t4f-t?ul ? G.E.Fr.t.ru n?-uuu.f a•?u? t<<G?, t ik(,Q Fy ut[fn S f 7u j1) w/ 1 l• i C.?c, frs,? ?Pt dkQ erCLLLLt `4:S ?C-c tr- A G-t-Qr t , Chu t Attending Note "a U-1;. (LL 14A G) '?A?? ,SiFUS L?t?t.:(t ? j `. Gf ? lc.?.t- S kc?:•?, tad Sun Conhnuallon ape /9aa Kg atton Lnitur tO MD %1D CRNP 11DiCRNP L / ?k9v? w.,• cran ACUTE CARE VISIT ' n Uri CI?c.L•iu ?i 1?°•' APR-27-98 MON 10:24 PSGHS PEDIATRICS FAX t YennState Geisinper b The Milton S. Hershey Health System Medical Center , I PROGRESS REPORT L 7175312065 /I iail,,- 38'S12 & .b06 lllc?-aplqy P. 04 DateRme a? PROGRESS NOTES: (Include Name. Title) ,k -AJ -I u s u? D d ' ,. 2 )l lr [ LtL - ?O Mn 6 Rev. 2195 PROGRESS REPORT APR-?7-98 10 25 PSGHS FEDIAikiCS Fk% P YennState Geisinoer b The Mlnon S. Hershey Health System Medical Center PROGRESS REPORT 11 i9?1LG07 'r. u? kotu .6A/ &3YSJ7 Dora 4-1D-v194 POJW 4A Dat time PROGRESS NOTES: (Include Name, Title) t a;'M n ^^ q- A 6e- b) rV m -t _ ?-- tiLtm i CLk 4 - - ry p V CX 4-M 0 ?ulld.cr? 791-S 1/ 74:I :T_ I ZIA, L (Za ILL - ? 1 a? rrx - J _TA Mn 6 Rov. W95 PROGRESS REPORT ?co" MYCI ICHO RIAu MI 14 Im srw Meignr.fA I'Va?CMh EARL F. GREENWALD, M.D., FACOO Medical Dirador Children's Resource Center 717.782.2467 RE: Katie Day Birth Due: April 20, 1995 SS#: 203.74-1864 Date of Examination: April 27, 1998 Duo of Dktxdon: April 27, 1998 M1, FRW PEXCAL SERV PAGE 01 4? PINNACLEHEALTli Monday, Aptil 27, 1998 I evawtatsd Kate, age 4, because of concerns about the possibility of sexual abuse. The purpose of rey exarrtinatlon was to diagnose and tram residua of m-tW ohm. We was woornpsnied by her mother, Shalley Komboa. Fsut Medical Hle"s pan medial history was reviewed with Katie ahd mom, and it is as follows: Kade was hospitalised ae an iuflmt because of rv&= disease. She underwam surgery at that time with subataodsl resolution of rymptoms. Other than ds, the has axperienced no serious illnesses or other surgeries She has no chrohdc Noeasa a physical hudiaps. She has axpaianmi ao ganinl or anal 4ules, oprsations, proaedum or mfeadeas She has no history of intestinal 116Wons. Katie has always wtpaiwcad oonatpaldon and theta has been no oMW in this problem recamly. She has had no psychological evaluselm. Since concerns about we d abuse have wino, mmn relates that Kade, on return from visitation with dad, oomplaun of pain with winstioa. Sias February, these visitations have best) ooauting with did every other week. Because ofthese complaints, mom took Kane to Carlisle Hospital last 7bunday. Udmtysis was normal. On Friday, mam took [Cade to Hershey Medial Carver whore urinalysis was rated w be nm7mL and examination mailed concerts about a dell in her hymen. Alw. recently mom has opted that it "takes forever to gat Katie to bed and keep her there". Mom testa that Kale tbeyueotly awakens, aid mom Nnds her. on occasion, oompkRely undressed when she awakens to the middle of the night. _.. .... .1„i 1-. at . 04/:9/1599 0@:57 :175200943 MD PROF MECI:AL- SCRV PAGE 0: Page 2 Mom describes sexual acting out by Katie by talking about an observation while Katie was seen at Hershey Medial Ceater last Friday. Katie stuck what sounds like a culture tube into a rubber glove and mom saw her rubbing her vulva with this object Mom also notes that Katie experiences more frequent and severe anger including throwing things, biting and hitting. MedieW History Obtained from Kade, Prior to proceeding with examination, Teresa M. Smith, Pediatric Social Worker for the Children's Resource Center, and I interviewed Katie Lone. We asked if she knew why the was here today, and the said "to say the words daddy aaid Using anatomic dolls, Katie named hair, eyes, now, mouth, fingers, boobies (her name for breasts). belly button, "bad place" (her name fbr urethral/vaginal atsa and for penis), and butt (her name for buttocks). We defined private parts u the area of her body covered by a swinuning wit when she goes swuntr sing We asked if she understood, and she nodded "yes". We asked her who was allowed to touch her private parts, and the acid "nit, mommy". We asked whether daddy was allowed to touch her private pacts, and the said "no, daddy hurts". We asked whether, if mom hugged her, it would be a good touch or a bad touch, and ** said "good". We asked whether, if mom kissed her on the check. It would be a good touch or a bad touch, and she avid "good". We asked whether, if somebody pinched her, it would be a good touch or a bad touch, and the aid "bad". We asked whether, if anybody touched her private parts, it would bo a good touch or a bad tour % and she said'bad". We asked whether anybody had touched her on her private puts, and she said "Cody". We asked who Cody was, and she said "he touched the on the trampoline. He pulled down my parrs and touched my private parts." We asked whether Cody had touched any other part of her body, and the said "my butt". We asked whether Cody had touched her in am other wry, and she said "he pulled my pants down end touched my private parts We asked whether anybody else had touched her private puts, and she Wd "no". We asked whether anybody had touched her and told her to keep it a secret, and she said "yes". We asked what, end the said "daddy". We asked what daddy told her to keep a secret, and the said "can't tell". We told her that it was okay for her to tell about secret touching that hurt her, and again asked her what daddy had told her to keep a secret. She said "keep my, bedroom secret". We asked what the bedroom secret was, and she said "I don't ternember". Physical ruminatlonr I cowned the purpose of the exactbudon to Katie end mom and invited mom to prepare her for the examination. 04/:'3/1'3'33 1J: 30 78]4837 :rr1 PAUSE 04 041:9/ 1998 08:57 7178200943 MD PROF MELICAL SEFV PAGE 03 Pape 3 Katie was cooperative for the examination and was accompanied by her most throughout. She 15 well-developed and well-nourished. Her height Is 41 in, and her weight is 46 lb. Skin examinat wu normal. MEMVT examination revealed •'A cm, tender hemstoma above and antmim to her right Plana. This was from a recemt All. Lungs were clear to auscultation Heart aomiaation; RSR, no murmura head. Bruits were Tanner 1. Brae examination revealed no abnormalities. Abdominal examination revealed no tendsrneas, orgmotnegaly, or reuses. Node cusmination revealed no sdenopathy. Genital examination was completed io the RON flog kg position with the use of grow, macroscopic and oolposwpic viAMI&A6013 At magW6Mions varying !born SX to 30X with white and goers light. Examirnsien of her fbasa mavieularis, labia majors and minora reveal no discharge. Her hymen was of an smatter configuration; there was a cleft at the 12 o'dock position. The posterior rim of her hymen was rwtow, and the aperture in the byrnim was unusually lags for a person of her age and physical suture. Lateral vaginal columns were noted, ending at the hymens in shallow conuvitia. Hymenal vaseulatwe was uniform In appoer ante. Her fourchette and perinwm ware normal. Examination of her external anal verge revealed a symmetric nugal patterns, oonnal response to traction, and normal sphincter tonne. I obtained oral, vaginal and rectal wllwca for `onoabea and chlamydia 71tae &?dings were documet"d on videotape and with digital imaging, from which photographs can be produced. Addidoual Information Reviewed after Xvaluation of Katios After the examination, Amy Murray, Medical Auistant far the Children's Resource Cemer, who obtaraod the pediaulo health Mamy, sumA lbsd Kalm =t J tv Im "bad chokes use send pulls „?y ura." "He calls me a 'stupid bitch, uuptd Katie', and he yells fbck " Katie furt}wr disclosed to Amy that her dad hits her in the face and putts his finger in her (pointing to her vagina). Impression: Kate diseioeea vetbd abuse by dad in the form of obscenities and demeardng names directed at Katie by her dad. in addkkx4 Katie dosaibes physical abuse in the form of being muck in the face by dad Finally, Katie disclosed to Amy dad's introduction of his fioga Into her vagina EXSmiu vinn of her hymen demonstrative the haled residua of the introduction of a foreigst body through the hymnal .• ?.. .: Jai ??. .. ..?..... __- Jr. 04/:911958 08:57 1170:04943 MD PROF 14EN04- 9Emr PAGR Oa Page 4 orifice and into her vagina, as evidenced by a ola at the 12 o'clock position, which is a healed le:rratio"6 imrl-#u49 Iho odtta ul'ha hynnw The trwavcm dimmer other hymenal orifice wu large for her age and suggests stretching of her hymen by introduction of a foreign body into her vagina. Skin eumination reveals no residua of Karla'a disclosure of having been struck in the face by her father. 9b ere are no residua of this contact, nor would there be anticipated to be residua considering the time soterval between the wdvhy and this child's examination. Accordingly, lack of residua does not preduds the slapping event described in Katie's disclosure to Amy Murray. According to morn. Katie discloses burning with urination. Urine wEamination is norQUl, indicating that the burning with urination is cot attributable to a winary tract infktlon. In the Wmm of pro- odsti%trusty problrt a such as urinary tract in wion, this discomfort is apec& to trauma to the par urea6ral aret and it is consistent with injuries associated with digital truuna to the urctimYvaginai ares, as disclosed by Katie (dad's introduction of his finger into her vagina), when Kure was talking with Any Murray. Plan: I will see Katie again if Rather are or evaluation is required. I highly nscoarrsmd that Katie undergo psychologial evaluation in view of her disclosures of verbal, phydasl, and s>x+>*l Ou". Eul F. Greenwald, M.D. y,. ?'pt"tijllt IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW SIIELLEY MARIE KARICIINER, Plaintiff NO. 763-97 CUSTODY (MISC) VS. TODD WILLIAM DAY, Defendant AND NOW, this day of August, 1997, a conference having been scheduled in the above matter on July 29, 1997, IT IS HEREBY ORDERED as follows: 1. Plaintiff, SHELLEY MARIE KARICHNER, and Defendant, TODD WILLIAM DAY, shall have shared legal custody of their child, KATIE MARIE DAY, female, born April 20, 1994. 2. Plaintiff shall have primary physical custody of the said KATIE MARIE DAY with Defendant to have the following periods of partial custody: a. On his normal days off from his employment at Corning, when the days off are during the week, from 9:00 A.M. on the first such day off until 9:00 P.M. on the second such day off. b. When Defendant has a long weekend off from his place of employment, from 9:00 A.M. Friday through 9:00 P.M. Monday, with Defendant to notify Plaintiff in writing at least one month in advance of his scheduled days off at his place of employment. c. For 96 consecutive hours during the vacation week of Defendant from Corning which 96 hours can be consecutive to the partial custody described in (a) or (b) above with Defendant to notify Plaintiff in writing at least 30 days prior to the time he would be exercising his said 96 hours. d. From 2:00 P.M. until 6:00 P.M. on Christmas, Easter, Memorial Day, July 4, Labor Day and Thanksgiving, with Plaintiff to have the same hours on the aforesaid holidays should those holidays fall at a time which Defendant has the partial custody of the child in accordance with (a) and (b) above... e. On Father's Day from 9:00 A.M. until 8:00 P.M. with mother to have the same time on Mother's Day with the child should Mother's Day fall on "::y periods of partial custody of Defendant in (a) and (b) above. f. For two hours on the child's birthday with mother to have two hours with the child should the child's birthday occur on any periods of partial custody of Defendant as stated in (a) and (b) above. g. At any other such times as the parties mutually agree. 3. on all periods of partial custody hereunder, the Defendant shall be responsible for the transportation of the said child. Notwithstanding any provisions of the Protection from Abuse Order dated April 3, 1997, to the contrary, should Plaintiff be in the Dillsburg/Harrisburg, on any periods when Defendant is to exercise partial custody hereunder, the parties will share the transporting of the child meeting at the Walmart• parking lot in Selinsgrove, Pennsylvania, and should Plaintiff not have transportation, she should notify Defendant of that fact and Defendant shall provide all of the transportation on those occasions when Plaintiff has no transportation as was done previously when Plaintiff resided in the Dillsburg/Harrisburg, Pennsylvania area. 4. Neither party shall operate a motor vehicle with the said child as a passenger if the party has consumed alcoholic beverages within 6 hours prior to the said operation of the vehicle. 5. Both parents will use car seats and/or restraints when transporting the child as required by Pennsylvania Law. 6. Defendant will assure that the said child takes any prescription medicine ehaL the child is taking while in his partial custody and also make sure that the child attends all medical, educational and similar appointments if they are scheduled while he has partial custody of the said child and the Plaintiff will attempt to schedule any such appointments for the child at times other than when Defendant has partial custody of the child, if at all possible. 7. The parties hereto shall communicate any information and/or concerns regarding the medical, educational and social problems of the child in writing and not orally until the expiration of the Protection from Abuse order against Defendant after which time the parties shall communicate any such concerns by telephone. B. Each party will attempt to allow the child to make telephone calls to the other party if the child so desires while in the custody of each party and will assist the child in making such telephone calls. 9. If Plaintiff is unable to send the child on any partial custody periods as described above due to sickness or other emergency type reasons, Plaintiff has the duty to give reasonable make-up time to Defendant for any such times that lie has missed. 10. Each parent shall attend and complete parenting classes such as those sponsored by Infant Development in Clinton County, Pennsylvania. 11. Even though August 9, 1997, is a day off from work for Defendant, Plaintiff shall keep the child that day and Defendant instead will have the child on August 10, 1997, from 9:00 A.M. until 9:00 P.M. and also shall be permitted a make-up day for the day that he has missed, which day will probably be on August 11, 1997, with Defendant to give Plaintiff notice of the actual day lie has so selected. 12. Plaintiff and Defendant shall adhere to the Standard Conditions Regarding Shared Custody and Partial Physical Custody orders, of Clinton County, Pennsylvania, dated December 30, 1996. BY THE COURT: P. J. I agree to the entry of the above order. Frederick D. Lingle, Esquire Attorney for Plaintiff I agree to the entry of the above order Charles R. Rosamilia, Jr., Esquire Attorney for Defendant i PennState Geisinger Health System To whom it may concern: 5-1.99 Department of Psychiatry NIC•11073 500 University Drive Ilcrshcy,PA 17033 (717)531.8338 Phone (717)531.6250 Fax As per your request I am writing in regard to my treatment of Katie Day in outpatient psychotherapy. Katie was originally referred to me by her Nurse Practitioner at PSGHS, Chris Arnold. Upon referral, Ms. Arnold reported that physical exam suggested that Katie had been sexually abused and that at the time of referral Katie was exhibiting acting out behavior at home. When 1 saw Katie and her mother, it was reported that Katie was defiant, demanding, irritable, distractible, and aggressive (biting). Behavior modification was initially performed in order to assist Ms. Karichner in controlling the acting out. Due to scheduling difficulties, Ms. Karichner and Katie were not seen between December and February. A psychiatric exam and individual therapy again were sought at that time. What was evident at the time was that Katie's behavior had improved markedly since the Fall. Coincidentally, visits with Katie's father, Todd Day, had ceased. Since March I have seen Katie very consistently. Appointments have been attended regularly for the most part on a weekly basis. Recently, in response to the court request, I asked Katie whether she wanted to visit with her father. At that time she responded, "No" because as she put it "he hafted me." When asked how her father hurt her, Katie stated that he put "a stick in here" (pointing to her vagina). I asked her to draw a picture and she drew herself on her back. She drew the "stick" and described it as "yellow" with "black cobwebs" and "white pee." She also reported that "it hurt like enemas." She has had to use enemas for medical reasons, but given this association, they have been discontinued. Following the session in which I discussed her father, Katie was according to her mother, very angry and oppositional at home. Katie questioned me and her mother about whether she would have to go see her father. As for the question of abuse, l believe that the evidence strongly implicates Katie's father as a perpetrator. Katie described the abuse in language consistent with her developmental stage and did not appear to have been coached in any way. This coupled with the physical evidence and her clear distress when confronted with returning to her father's custody makes a strong argument against granting visitation. Play therapy and family interventions will be continuing on a weekly basis. WRAP services are also being sought to enhance Ms. Karicltner's skill in managing behavioral acting out. Since y, 1;?? E14cm, Susan L. Lane, Ph.D. Licensed Psychologist Assistant Professor in Psychiatry and Pediatrics IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff V. ) TODD WILLIAM DAY, ) Defendant ) NOS. 763- 97 and 330 - 97 (Misc.) NOW, this 16th day of July, 1998, the Court having received a Memorandum dated July 13, 1998, from Pamela G. McCloskey, Licensed Psychologist, IT IS HEREBY ORDERED that a conference with counsel shall be held on Friday, August 14, 1998, at 11:00 a.m. in Chambers. .BY TFIE COURT: J. MICHAEL WILLIAMS( JUDOS COUNT 01 COMMON RL[N BIT" JUDICIAL DISTRICT OF TTNNbLTANIA COUNT MOVT, LOCK HAVEN. IA 17749 xc: enore M. Urbano, Esquire 4Randy P. Brungard, Esquire ourt Administrator on ME C" s- ? Wa 1- SW _ ? IUJ Uj= O .L] J -j Q ad _ U LL-Z K2 p ?M I.- O ?O ZC N CcY -j .106 co V I? D ¦1 a a t« 1 1 IN THE COURT OF COMMON PLEAS CLINTON COUNTY, PENNSYLVANIA 2 3 SHELLEY MARIE KARICHNER ) NO. 763-97 (MISC.) 4 ) VS. ) 5 ) TODD WILLIAM DAY ) NO. 330-97 (MISC.) 6 7 a m 8 a >: sa 9 a= wa J V 10 u T ° ~ z m N 11 TRANSCRIPT OF PROCEEDINGS held in Courtrow Q 12 No. 1 at the Courthouse, Lock Haven, Pennsylvania, on 13 December 23, 1997, before the Honorable J. Michael 14 Williamson, Judge of the Twenty-fifth Judicial District 15 of the Commonwealth of Pennsylvania. 16 17 1B ++++++++++ 19 20 APPEARANCES: 21 LENORE URBANO, ESQUIRE, Wellsboro, Pennsylvania, on behalf of Shelley Karichner. 22 RANDY P. BRUNGARD, ESQUIRE, Lock Haven, 23 Pennsylvania, on behalf of Todd Day. 24 Reported by Dee Ann Crissman, Official Court 251 Reporter, Lock Haven, Pennsylvania. W%4 w0: W J U J NS Q 4 m? ?4• m a w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 THE COURT: All right, there are two matters here, Shelley Marie Karichner versus Todd William Day to No. 763-97, that is a custody matter, and Shelley Marie Karichner versus Todd William Day to 330-97, which is a Protection From Abuse matter. The Court had scheduled a hearing for December 18th, the Court will assume that the mother did not receive notice of that hearing. The purpose of that hearing was to consider the father's Petition for Modification based on the allegations set forth in that Petition. The Court entered an Interim Order on December 18th in order to get mother's attention and the Court notes that the mother is present today, represented by Susquehanna Legal Services, I guess, is that right? MS. URBANO: Yes. THE COURT: Mr. Petrosky originally represented her on the PFA, I'm not sure if that's -- is he not representing her on anything any more? MS. URBANO: That's my understanding, I Your Honor. THE COURT: All right, Mr. Brungard. MR. BRUNGARD: I'd call Todd Day to the stand, please. 1 1 1 1 1 1 1 1 D 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18i 19 201 211 22 23 24 25 3 TODD WILLIAM DAY, called as a witness, being sworn, testified as follows: DIRECT EXAMINATION BY MR. BRUNGARD: Q. Mr. Day, please state your name and your address. A. Todd William Day, 381 Beech Creek Avenue. Q. How long have you lived there? A. It will be two years in June. THE COURT: That's in Mill Hall? A. Mill Hall. BY MR. BRUNGARD: Q. And how many bedrooms is that? A. Two. Q. And who lives there besides yourself, anybody? A. My girlfriend and her children. Q. And what are their names and ages? A. Brandon Scott is five and Josh is eight. Q. What is your girlfriend's name? A. Hope Kreppe, she's 25. Q. Can you spell that, please. a a 0 ¦ ¦ 4 1 A. K-r-e-p-p-s. 2 Q. How long has she lived with you? 3 A. Since September. 4 Q. And you have a child to Shelley Karichner, is 5 that correct? 6 A. Yes, I do. 7 Q. What is the child's name? 8 A. Katie Marie Day. 9 Q., What's her date of birth? 10 A. 4-20-94. 11 Q. And when was the last time that you and Ms. 12 Karichner lived together? 13 A. For about two days in March of '97 -- 197. 14 Q. This past March? 15 A. Yes. 16 Q. And then there was a PFA filed against you? 17 A. Yes. 18 Q. And there was a Custody Order entered as part 19 of that PFA Order? 20 A. Yes. 21 Q. Now, where did she move to, where did Ms. 22 Karichner move to once she immediately moved out of 23 your place in Mill Hall? 24 A. She supposedly moved into a trailer across 25 from Bellefonte Avenue with a friend for about three or e s 0 N? 0 M u 5 1 four weeks. 2 Q. Who was that? 3 A. That was Tina -- I'm not sure, I don't know 4 her last name. 5 Q. Did she also live with another boyfriend? 6 A. It was supposed to be Tina, but I heard from 7 another source that is was somebody else. 8 Q. Then where did she go? 9 A. Charlie Cooper down to McElhattan in a 10 trailer. 11 Q. How long did she live with Charlie Cooper? 12 A. Four or five weeks. 13 Q. Then where did she go? 14 A. Bill Zerby's house in Castanea. 15 Q. How long did she live with Mr. Zerby, if you 16 know? 17 A. Approximately three months. 18 Q. And -- 19 A. Until August. 20 Q. The beginning of August? 21 A. Yes, that's when she left. 22 Q. And at the beginning of August she left, 23 where did she go to your knowledge? 24 A. To my knowledge she went to her mother's 25 house in Dillsburg, Pennsylvania. 6 1 Q Do k h th h d h d . you now w e er s e staye t ere or o 2 you know who she stayed with? 3 A. No, I don't, the only thing I had was an 4 address and a phone number. 5 Q. Whose address and whose phone number was it? 6 A. Her parents. 7 Q. Were you able to reach her at her parents or 8 would you have to have her call back or what kind of 9 communication -- how was the communication established 10 between you and her once she moved down to the pp?? 11 Dillsburg area? 1 12 A. There was none at all, I never could reach 13 her at her mother's house. In the PFA, I wasn't 14 allowed to call, my parents are, they left messages, 15 they never talked to her. The messages sometimes got 16 returned, sometimes they didn't. 17 Q. What type of visitation arrangements did you 18 and she make from the time she moved down there until a 19 this past week? M w 20 A. I was supposed to get her -- I work swing 21 shift, seven days on, two off. I would get her at 22 night -- 23 Q. Where do you work at? d 24 A. Corning, seven days, awing shift. I work 25 seven on, two off for three weeks, then I have a long j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 weekend. I would pick her up the night of my last night of work and return her the night before I go back to work. Q. So you would get her all of your days off? A. Yeah. Q. Where would you meet at? A. Halfway, at Selingsgrove, Wal-Mart. Q. Was that her idea, your idea or a combined idea? A. Combined. Q. From the beginning of August until mid-November, did you know where she was living? A. No, I did not. Q. Did you know where your daughter was staying? A. No, I did not. MS. URBANO: Excuse me, could you repeat the question, I didn't hear the dates. MR. BRUNGARD: My question was, from the beginning of August until mid-November, did you know where she was living. BY MR. BRUNGARD: Q. How would you make arrangements that you knew she was going to be in Sellingsgrove? A. There would be a phone call in between the times that I would be working through my mother or 8 1 through her, she would call or else they would call 2 her. 3 Q. Call her where? 4 A. At her mother's house and leave a message. 5 Q. Now, I believe within the past two or three 6 weeks -- 7 THE COURT: Why do you think you're not 8 not allowed to call her on the phone? 9 A. That's what the policeman said. I cannot 10 physically call her at her work or her residence or 11 loiter around her work. 12 BY MR. BRUNGARD: 13 Q. Does the PFA Order say something about not 14 getting out of the car? 15 A. Yes, I am not allowed out of the car. 16 Q. So when you -- 17 THE COURT: I read that, but I don't 18 read anywhere where it says you can't call on the 19 telephone. 20 MR. BRUNGARD: I understand, Your Honor, 21 I understand. 22 THE COURT: You know, maybe if people 23 read these Orders instead of relying on third parties, 24 we wouldn't have so many problems. Go ahead. 25 BY MR. BRUNGARD: a a 9 1 Q. Now, what happened approximately three or 2 four weeks ago as far as you getting Katie at 3 Selingsgrove? 4 A. I showed up at 7:00 P.M. on Wednesday night, 5 she showed up, we met, she told me -- she brought Katie 6 around to the other side of the car and she asked Katie 7 if she wanted to go with me and she told Katie that she 8 -- Katie told me that she didn't want to go. I asked 9 her why, I said, did your mommy tell you to tell me not 10 to go with you, she said, yes. 11 THE COURT: When was this? 12 A. Wednesday, 7:00. 13 THE COURT: What date? 14 BY MR. BRUNGARD: 15 Q. Was this before or after Thanksgiving? 16 A. After. 17 Q. Do you know, was it the -- 18 A. It was December 10th, I believe. 19 Q. Go ahead. 20 A. She picked Katie up, walked around back to 21 her car, put her in the car and asked her if she wanted 22 to go with me and she said no, so she took off, went to 23 the red light and beeped the horn on the way through 24 and said you're not getting her. 25 Q. Then when was the next time that you got q 10 1 Katie, wa s it last week? 2 A. It was Wednesday. 3 Q. What date was that, Po you know, today is the 4 23rd; the 16th or 17th? 5 A. The 17th. 6 Q. All right, and Selingsgrove, again? 7 A. No. 8 Q. Tell us happened that time? 9 A. She called my place leaving a message that 10 she talke d to her lawyer saying that I had to drive the 11 whole way down because I'm suppose to provide all 12 transport ation. If I wanted to pick her up, I had to 13 call her at her work, she would give me directions to 14 go down a nd pick her up that night. 15 Q. So did you, in fact, drive all the way down 16 to where she was working or what happened? 17 A. I drove down to her place of residency. 18 Q. When did you find out where her current 19 residence was, when did you find that out? 20 A. Approximately three weeks ago. 21 Q. And how did you find that out? 22 A. Through the Court order, through Domestics, 23 through a Motion for Modification through Domestics. 24 Q. So it was by her filling a Motion for Child 25 Support Modification that you found out where her e A i? a J J 11 I current address is? 2 A. Yes, in Mount Holly Springs. 3 Q. Did you find out what her phone number was at 4 home? 5 A. She has no phone. 6 Q. How many places do you believe, based upon 7 your conversations with your child and through her 8 parents, that she's lived at since the beginning of 9 August? 10 A. Four. 11 Q. What places are those? 12 A. She lived with her brother, Steve. 13 Q. Where does he live? 14 A. I don't know, I'm just going by what Katie 15 said. 16 Q. All right. 17 A. She lived with Dallas. 18 Q. Who is Dallas? 19 A. Supposedly her boyfriend at that time. 20 MS. URBANO: I'm going to object to all 21 of this if this is based on his guessing. 22 MR. BRUNGARD: This is based on his -- 23 my question was based upon him -- 24 THE COURT: Do you want to come up 2511 here? 12 1 M R. BRUNGARD: Sorry, Your Honor. 2 THE COURT: What is your objection? 3 MS. URBANO: Hearsay. 4 THE COURT: Sustained. You can call 5 her. If she doesn' t testify the way you think she's 6 going to testify, you can call him back. 7 MR. BRUNGARD: Your Honor, my question 8 is based upon what Katie had told him, the child. n 9 THE CO RT h ' p : W U y don t you try to get 10 that out of her. I f you don't think she's giving you 11 the right answers, then -- 12 MR. BRUNGARD: Certainly, Your Honor. 13 THE COURT: You know she lived with 14 Charlie Cooper and William Zerby, she has that in her 15 own Petit ion. 16 MR. BRUNGARD: We're talking since ? 17 Au ust y g . ny J 18 THE COURT: I understand. 19 When do you work, sir? 20 A. Where do I work? 21 THE COURT: Are you still on a seven n 22 day -- 23 A. No, I'm l ayed off right now until January 24 5th. J 25 THE COURT: When you go back on January ,1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15!i 16 17 18 19 20 21 22 23 24 25 13 5th, then what will happen? A. One day eight to four, I will be off Tuesday and Wednesday -- it will be the seven day rotation. THE COURT: Explain that to me, again, now, you work seven days, then you're off two? A. Then work seven and two, then seven and four. MR. BRUNGARD: It's like Hammermill, Your Honor. A. It's seven days -- THE COURT: What are the hours, do you always work the same hours? A. Eight to four, four to twelve, midnight to eight. THE COURT: Where do you think the child is living now, other than with you? Where is Ms. Karichner? A. Mount Holly Springs. THE COURT: And that's someplace where apparently you and she lived at one time together, is that right? A. No, we lived in that area, but not the same place. THE COURT: Springs from Lock Haven? How far is mount [lolly 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 A. Two-and-a-half hours one way. THE COURT: Where is Mount Holly Springs? A. Right outside of Carlisle. THE COURT: Why were you and she down there? A. We moved down there when I lost my job here two-and-a-half years ago, three years ago. THE COURT: And why did you move back here then? A. I got a job at Corning in 196. THE COURT: You and she lived together for about six months after that, right? A. Yeah, from June to December. THE COURT: Then she went with her parents for a while? A. Yes. THE COURT: Then she went with you for a while? A. Yeah. THE COURT: Then she went with Mr. Cooper for a while and Mr. Zerby for a while and -- A. Back down there. THE COURT: All right. BY MR. BRUNGARD: a w ¦ 15 1 Q. Who baby-sits the child while you're working? 2 A. My parents. 3 Q. Where do they live? 4 A. Castanea. 5 Q. Are they here today? 6 A. Yes, they are. 7 Q. Is your parents in good health? 8 A. Yes, they are. 9 Q. Are they both retired? 10 A. No, my dad is retired; my mom works 11 part-time. 12 Q. All right. Are they the ones you have used 13 to help you pick up and deliver the child and make 14 telephone calls as far as getting Katie on your days 15 off? 16 A. Yes. 17 Q. Have they been fully supportive of you during 18 the entire time that you have had this on again, off 19 again relationship with Ms. Karichner? 20 A. Yes. 21 MR. BRUNGARD: Nothing further. 22 THE COURT: Ms. Urbano. 23 MS. URBANO: Your Honor, for the 24 record, I want to let the Court know that my client 25 didn't get notice of this hearing until this Saturday e 16 1 and I was asked to represent her -- 2 THE COURT: Well, now, I don't think 3 that's true. I believe Mr. Angelelli told her about 4 this hearing the day it was scheduled, isn't that 5 right, Mr. Angelelli? 6 MR. ANGELELLI: I think it was last 7 Thursday. 8 MS. URBANO: Well, I don't think it was 9 -- 10 THE COURT: Somebody talked to her the 11 day the hearing was scheduled. Well, what is your -- 12 MS. URBANO: My point is I got the case 13 last night. 14 THE COURT: Well, we'll continue this 15 case and keep the child here until you're ready, do you 16 want to do that? 17 MS. URBANO: That's what my question 18 was. If that's what you want to do, my only choice is 19 to proceed, but I would like you to consider -- I mean 20 I can cross examine, I can put on my client; of course, 21 i only met her an hour ago. 22 I can do my best to give you an idea 23 what the case is about. I would like to ask at that 24 time -- if there is not enough information, I would 25 like to ask for a continuance at least to present a a d 17 ill witnesses to support her. 2 THE COURT: Okay. 3 4 CROSS-EXAMINATION 5 6 BY MS. URBANO: 7 Q. You stated that your mother worked part-time? 8 A. Yes, she does. 9 Q. Do you know what her hours are? 10 A. One in the afternoon until five at night. 11 Q. One to five she works? 12 A. Yes. 13 Q. Monday through Friday? 14 A. Monday through Friday. 15 Q. And the times that you have received the 16 child have been on your days off up until now, is that 17 correct? 18 A. Not every time. 19 Q. By agreement, is that when you have been 20 getting her, on your days off, when you're not working 21 your seven day shift? 22 A. By agreement, if she wants to give her to me, 23 yes. 24 Q. Now, I'm going to show you -- 25 MS. URBANO: May I approach? A ¦ ¦ ¦ 18 1 THE COURT: Yes. 2 BY MS. URBANO: 3 Q. I'm going to show you an Order that's not 4 dated. Do you recognize that Order? 5 A. Yes, I do. 6 MR. BRUNGARD: Your Honor, just for the 7 record, I'm going to object to the term Order. It was 8 a proposed agreement between the parties that never got 9 finalized. 10 THE COURT: All right. 11 MS. URBANO: That was my next 12 question. 13 BY MS. URBANO: 14 Q. Was this ever finalized, was this ever signed 15 by your two prior Attorneys? 16 A. No, it wasn't. 17 Q. Is this the schedule that you have been 18 following that you referred to -- 19 A. No. 20 Q. -- that you two had agreed to? 21 A. Not by times, no. 22 Q. Did you change it slightly to make the hours 23 from 7 A.M. to 7 P.M. instead of the 9 A.M. to 9 P.M.? 24 A. Mutual agreement. 25 Q. So it was changed in that respect. The Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21, 22 23 24 25 19 also said that you would get your vacation week. Did you have that vacation week pursuant to this agreement? Did you have her in August -- in October of this year? A. Yeah. Q. Pursuant to this agreement. So except for this time change of two hours in time, from 9 to 7, this has basically been what the two of you have been following since August even though it was never actually signed, is that correct? A. Sort of. MS. URBANO: I'd like to have this proposed order marked as -- MR. BRUNGARD: I don't know what the purpose of the order is because they haven't been following it. MS. URBANO: Well, according his testimony, they have been following it. It would just give the Judge an idea of what they have been doing as far as -- THE COURT: I have to do a wedding at 11:00. If you two want to just sit here and talk and she can write down everything you say and I will read it later on. Do you want to talk to me? What do you want to do with the piece of paper that's in your i t 1 a ¦ 20 111 hand? 2 MS. URBANO: I would like -- 3 THE COURT: Do you want to offer it as 4 Plaintiff's Exhibit 1? 5 MS. URBANO: I'm asking if he would 6 agree at this time -- 7 THE COURT: Any objection? 8 MR. BRUNGARD: No objection, Your 9 Honor. 10 MS. URBANO: That's what I just asked. 11 THE COURT: Admitted. 12 MS. URBANO: I don't have any further 13 questions, Your Honor. 14 THE COURT: This agreement was entered 15 into when she was living here, right, or at least 16 proposed? 17 A. My Lawyer got a fax of that the day of her 18 leaving of the halfway meeting places, it was never 19 signed, her Lawyer, Fred Lingle -- 20 THE COURT: All right, you may step 21 down. Let's hear from the Plaintiff. Call your 22 client, Ms. Urbano. 23 MS. URBANO: Did you finish your case? 24 THE COURT: No, but I'm telling you to 25 call your client. e A a ¦ ¦ 21 1 MS. URBANO: Shelley Karichner. 2 3 SHELLEY KARICHNER, called as a witness, 4 being sworn, testified as follows: 5 6 DIRECT EXAMINATION 7 8 BY MS. URBANO: 9 0. Would you please state your name and 10 address. 11 A. Shelley Marie Karichner, I live at 9 East 12 Street, Apartment 13, Mount Holly Springs, 13 Pennsylvania. 14 THE COURT: Who do you live with? 15 A. Just Katie and myself. My brother was 16 staying with us up until a month ago and fie moved in 17 with his girlfriend. 18 THE COURT: Do you have a telephone? 19 A. No, I do not, sir. 20 THE COURT: Why not? 21 A. I just didn't get one. 22 THE COURT: Are you working? 23 A. Yes, I am. 24 THE COURT: Where? 25 A. I started back at Weis Markets on December I d A ?.1 !± I F F uJ LJ j 0 j j ¦ W 111 15th. 22 2 THE COURT: What are your hours? 3 A. Seven to four, Monday through Friday. 4 THE COURT: Did you take the child to 5 Selingsgrove a couple weeks ago and then refuse to let 6 Mr. Day have the child? 7 A. Katie -- yeah, I took Katie up, Katie did not 8 want to go. I did not tell Katie she didn't want to 9 go, she said it to herself. She did not want to go, 10 she kept saying to me, mommy, you're going to leave me 11 and I said, no, mommy is not going to leave you and she 12 says, yes, daddy says you're going to leave me. 13 She just kept carrying on, she did not want 14 to go. She got in the car, herself; got in his car 15 seat, put the seat belt on, herself; then she got back 16 out of the car seat and stood at the doorway and Todd 17 stood there and said, come on, honey, grammy has 18 presents for you, come on, she has surprises. 19 She kept saying, no, I don't want to go. 20 Then I left and, no, I did not blow a horn at him or 21 waive or anything like that. 22 He told me -- before I left, he demanded me 23 to put Katie in the car. He says, I demand you to put 24 her in my car now. Then I left, I went to my parents' 25 house. My mom and dad asked Katie why she didn't want 9 a M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 to go and she said -- MR. BRUNGARD: Objection to what mom and dad said. THE COURT: I think it's what Katie said. Go on. Overruled. A. I went to my parents' house and I told my parents what was going on, I didn't know wlint to do. Katie said to my mom and dad she didn't want to go. They asked her why and she wouldn't any why, she just stood there and kept doing this with liar linndn -- (demonstrating) -- playing with her handn, slie wouldn't answer why she didn't want to go. Then here on this lent vinit, right before his dad came to pick her up and my parents walked in, Katie started again where she didn't want to go and I told her she had to go, they wnnted to nee her and so did my mom and dad nay that to her. THE COURTS How clone do you live to your parents? A. I live thirteen miles away from my parents and I work with my dad at the Wain Store. THE COURTt Why do you live -- where do your parents live? A. They live in Dillnburg. THE COURT: Why do you live in Mount 1 e D a ¦ ¦ 24 III Holly Springs? 2 A. Because that's where I could afford an 3 apartment. 4 THE COURT: When you are working, where 5 does the child stay? 6 A. She stays with Betty Henry. 7 THE COURT: Is she just a baby-sitter? 8 A. Yes, she is. S he watches a lady's kids from 9 Children & Youth in Cumbe rland County, that's how I got 10 involved with her. 11 THE COURT: Where Does Betty Henry 12 live? 13 A. 156 Elm Street in Carlisle. 14 THE COURT: Does Betty Henry have a 15 phone? 16 A. Yes, she does. 17 THE COURT: Do you know what the number 18 is? 19 A. 249-1682. 20 THE COURT: What is your proposal for 21 custody? 22 A. Excuse me? 23 THE COURT: What is your proposal for 24 custody? 25 A. I would like to have primary full custody j I N I it 1! 1 'I H 9 9 H a ¦ 25 1 like I have been having with her since I have been the 2 one taking care of Katie since the day she was born. 3 THE COURT: What about Mr. Day? 4 A. He has helped out here and there, but back 5 when I first got pregnant with Katie, he didn't want 6 Katie. He pushed me down the steps, he would hit me, 7 he tried to kill Katie. Before I had Katie, I was 8 pregnant to Todd and he didn't want that one either, we 9 went and had an abortion done. 10 THE COURT: Well, now that Katie is 11 here, when do you think Mr. Day ought to see the child? 12 A. He has been seeing her on his normal days to 13 see her, on his days off. I mean I can't help it if 14 I'm running late a few times because of traffic, but I 15 get her there and if I can't get her there, somebody in 16 my family will get her there. 17 THE COURT: Is the place in 18 Selingsgrove a logical place? 19 A. Yeah, in the Wal-Mart parking lot. The only 20 reason why I said about him coming down to pick her up 21 this time was because when I talked to Jim Cayer, he 22 told me that we're supposed to follow what the PFA says 23 and in the PFA you ordered that he provide all 2411 transportation. 1 25 j THE COURT: Are you talking about the R e 0 J ¦ 26 1 Wal-Mart in Shamokin Dam? 2 A. Yes, but that's where we've been meeting and 3 that's been fine with me. 4 THE COURT: Ms. Urbano. 5 BY MS. URBANO: 6 Q. In his Petition, Mr. Day says that you didn't 7 allow the father to have visitation for the first three 8 weeks in August, is that true? 9 A. No, that's not true. 10 Q. Do you keep a diary of all of the times that it he has visitation? 12 A. Yes, I do. 13 Q. Now, he's also trying to say today that you 14 have been living with different men since you have been 15 down in the Dillsburg/Mount Holly Springs area. Have 16 you lived with anyone other than your brother, any 17 other man other than your brother or your parents? 18 A. Just my parents and brother, nobody else. 19 Q. Have you had a problem recently with Katie to 20 the point of having to sign her up for some counseling? 21 A. Yes, I have. 22 Q. And what is the problem -- 23 THE COURT: And who suggested you do 24 that? 25 A. People from -- the Social Service Workers e a D ti 27 1 from the Salvation Army and a minister at church, 2 people at church, because when you're driving by 3 cemeteries, Katie says, don't you remember mommy, we 4 buried you there, daddy said so, you're dead or you're 5 leaving me and you're never coming back. 6 I mean this shouldn't be coming out of a 7 three year old's mouth. I confronted Todd and Todd's 8 mom about this, they are telling me that I'm making it 9 up, that I'm lying. 10 BY MS. URBANO: 11 Q. Has she actually been taken in yet or are you 12 still on a waiting list? 13 A. I took her in for an intake and they are 14 going to get back to me. 15 Q. So has her counseling even started? 16 A. Not yet, no. 17 Q. Has she had a problem starting this fall with 18 separating from you? 19 A. Yes, she has. She doesn't want to leave me. 20 Q. Has that -- was that a problem before? 21 A. No, I mean before you could leave and she 22 would be okay, but it's to the point where you can't 23 leave her now. 24 Q. Despite this problem, you're still willing to 25 go along with the agreement that you and Todd made back fI F9 a w 28 1 in July that was never signed, is that correct? 2 A. Yes, I am. I mean she needs her father -- to 3 see her father, too, and there was no problems up until 4 just recently where I'm getting accused of doing all of 5 this stuff that's not true. 6 I did give Todd my address when I moved into 7 my apartment in October, I gave it to his mom when she 8 picked her up; it wasn't in November, that's what he's 9 saying, it was October. 10 Q. He also says in the Petition that you moved 11 one week after July 29th without notice to him. Was 12 notice provided by letter? 13 A. Yes, it was, it was supposed to be under my 14 best knowledge, yes. There was supposed to be a letter 15 sent to him. 16 Q. And who wrote that letter? 17 A. Fred Lingle. 18 Q. Did you ever see a copy of that letter? 19 A. Yeah, I had a copy and I have no idea where 20 it got to. 21 Q. Mr. Lingle has a copy of that letter? 22 A. Yes. And it was also suppose to state in 23 that letter that the proposed Order was supposed to be 24 signed and sent down to my parents' address, which it 25 never had. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Have you -- as far as having a job, have you been employed since you have been down in the Dillsburg area? A. Yeah, I worked at two other places besides the Weis store where I'm at now. Q. Have you improved -- did you try to improve your employment to get better money? A. Yes, I did. Q. Okay. And this allegation about living with all these different men, besides him, you did say that you had lived with two different people when you were up here, but since you have gone down to your parents, you have not? A. No, I have not. Q. Now, the baby-sitter's name that you gave to the Judge, is that a recent baby-sitter? A. Yes, it is. Q. And since the child has been up here since December 15th, she hasn't had a lot of contact with that baby-sitter yet? A. No. Q. Do you attend church with the child? A. Yes, I do. Q. And so she has a regular schedule with you of church attendance? a ¦ 30 1 A. Yes, she does. 2 Q. And does she attend church with Todd to the 3 best of your knowledge? 4 A. Not that I'm aware of. 5 Q. Other than this separation anxiety that she's 6 just had recently, has Katie been happy? 7 A. Yeah, except for the times that -- there's 8 been other times when she doesn't want to go because 9 there is problems up there with, I guess, his 10 girlfriend's kid, but other than that -- 11 Q. But basically she's been happy? 12 A. Yes. 13 Q. And you indicated already that you have been 14 the one that has taken care of her since birth? 15 A. Yes. 16 MS. URBANO: I have no further 17 questions. 18 THE COURT: All right, we'll take about 19 a ten minute break. You can step down, ma'am. If the 20 two of you or the four of you want to get together with 21 Mr. Angelelli and straighten out this while I'm gone... 22 (Recess.) 23 THE COURT: Me. Karichner, you need to 24 come on back up here, please. 25 M M ¦ 31 1 CROSS-EXAMINATION 2 3 BY MR. BRUNGARD: 4 Q. Ms. Karichner, I believe you said you started 5 working at Weis on December 15th, correct? 6 A. Yes. 7 Q. What is your hourly rate? 8 A. $5.25 an hour. 9 Q. And you said you've improved yourself? 10 A. I did, before I was working with Manpower, 11 but like I said, I was having problems with Katie at 12 the sitters, she didn't want to leave me and it was 13 just hard. 14 Q. Where else -- have you worked at Uni-Mart 15 since you have been down :here? 16 A. No. 17 Q. Have you worked driving cars to auctions IS three days a week? 19 A. I drove once in a while when Todd had Katie, 20 it wasn't never when I had Katie and my brother is here 21 who can testify to that. 22 Q. Did you work at MCDonalds? 23 A. No. 24 Q. Did you work at the car wash? 25 A. Yes. J J 32 1 Q. And have you worked at Weis's before? 2 A. Yes. 3 Q. Where at? 4 A. Mechanicsburg from January of 197 to March of 5 '97. 6 Q. Then you stopped working there? 7 A. That's when I came back up because when I 8 talked to Todd on the phone, he wanted to try to work 9 things out. 10 Q. Now, who is Dallas? 11 A. A guy that goes to my brother's shop, just a 12 friend at the shop, that's all i can say. 13 Q. Didn't he ride up with you once when you 14 exchanged Katie? 15 A. Yeah, because I was having car problems and 16 he brought me up to bring Katie up. 17 Q. Who is Barry? 18 A. Barry is a friend of mine who no longer lives 19 around here. I mean we didn't date like everybody 20 thinks, we did not date. He had two kids, he's from 21 Minnesota and we were just good friends. We met 22 through the Salvation Army. 23 Q. Where did he live? 24 A. He lived in Carlisle. 25 Q. Now, where did you and your brother live 1 e a O r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16 17 18 19 20 21 22 23 24 25 33 after you had stopped -- when you went down to the Dillsburg area, did you first move in with your parents? A. Yes, I did. Q. And you went down to Dillsburg after having a fight with Mr. Zerby, correct? A. Yes. Q. And you just up and left, correct? A. No, I told Mr. Zerby before that I was going to head down, he told me to go ahead and go. Also, at the time, my dad wasn't well. Q. But you didn't tell Mr. Day, did you, you just left? A. I told Fred Lingle and he was supposed to send you a letter. Q. Send me a letter? A. Yeah, that's what he told me and I got a copy of the letter, but like I said, I forgot it, Fred has it. At the time he told me that that Order was supposed to be filed. Q. Was I even involved with Mr. Day at the time? A. Yes, I think it was you that was at the July 29th hearing; it might have been Charlie. Q. I can tell you that it definitely wasn't I me. e yam. Q1 a a 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 Now, after you lived with your mom and dad, then where did you live? A. I went over to the hotel that Todd and I and Katie stayed in when we first moved down there until I got my apartment and that was when my brother stayed with me a couple of nights. I had to be in the area for seven days, Todd knows how that works. Q. And isn't it a fact for approximately two weeks, you, your brother, your brother's kids and Katie lived in a van? A. No, that is not true. Q. So if you told Bill Zerby that, that was a lie? A. Yes, because I didn't want Bill to know anything about me or what I was doing. Q. You didn't have communication with Mr. Zerby while you were down there? A. Excuse me? Q. You didn't have communication with Mr. Zerby while you were down there? A. When he would call my parents and ask my parents to have me come back and ball around about it, that was the only communication and then they told me to call him back, so then I would. MR. BRUNGARD: I have nothing further HS 1 of this witness, Your Honor. 2 THE COURT: Ms. Urbano. 3 4 REDIRECT-EXAMINATION `y 5 6 BY MS. URBANO: 35 7 Q. You said that Todd understands about why you 8 had to live some place before you got an apartment. a 9 Could you explain to the Judge what that is about? 10 A. In Cumberland County, housing helps you get 11 an apartment, but you must be in the area for seven Q 12 days and that is how we got our first apartment in 13 Mount Holly and that is how i got this apartment in 14 Mount Holly, one that I could afford. We all -- like I 15 said, Todd, Katie and I had stayed at the Harvon, 16 H-a-r-v-o-n, but the Salvation puts you up for seven 17 days. 18 Q. All right. You are saying that you did tell 19 this Mr. Zerby that you were living in a van, but that J 20 was -- that's not true? 21 A. That's not true. The only time that we were 22 in a van is when my brother picked us up, and that was 23 on August 8th, and then we had the family picnic on the 24 9th; we stayed in the van on the 8th. 25 Q. For a picnic? j D D a w 36 1 A. Yes, we went to Knoebles Grove on the 9th, 2 but we stayed in the van August 8th overnight and then 3 headed to Knoebles Grove, it was a conversion van, a 4 camper/sleeper. 5 Q. A camper van? 6 A. Yes. 7 MS. URBANO: I have no further 8 questions. 9 MR. BRUNGARD: One question, Your 10 Honor. 11 12 RECROSS-EXAMINATION 13 14 BY MR. BRUNGARD: 15 Q. Doesn't staying with your mom and dad down in 16 the area count? 17 A. No, because they live in York County, you had 18 to be in Cumberland County to get the help. 19 MR. BRUNGARD: Nothing further, Your 20 Honor. 21 THE COURT: You may step down. All 22 right, Mr. Brungard, back to you. 23 MR. BRUNGARD: I'll call William 24 Zerby. 25 e a ¦ 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 WILLIAM ZERBY, called as a witness, being sworn, testified as follows: DIRECT EXAMINATION BY MR. BRUNGARD: Q. Mr. Zerby, where do you live? A. 306 West Keller Street, Castanea. Q. How long have you lived there? A. Four years. Q. And you've lived there and you have custody of your children? A. Yeah, my two kids, yep. Q. And how long did Ms. Karichner live with you? A. Three, three-and-a-half months. Q. Approximately from when to when? A. She moved out August 8th after Todd's mom and her had a fight; they had a fight and she got arrested and she left that night. Q. Who got arrested? A. Shelley did. Q. And did you want Ms. Karichner to leave, did you ask her to leave or did you tell her to leave? A. She had told me that -- she had left for like two days a couple weeks ago and then she -- 38 1 Q. A couple weeks prior to this August 8th? 2 A. Yeah, and she said that her dad wasn't 3 feeling good and she was going to go down for awhile, 4 but she was coming back. 5 Q. Did she come back? 6 A. Yeah, she come back. Then after she got 7 arrested, she kept calling me, if you want to get my 8 phone records, I have got like $800.00 worth of phone 9 bills, they were from all over the place. 10 Q. Can you name some of the places where they 11 were from? 12 A. It was when -- 13 MS. URBANO: Objection. 14 THE COURT: Just a minute. 15 A. It was when -- 16 THE COURT: Just a minute, air. 17 A. I'm sorry, I'm sorry. 18 MS. URBANO: I guess I'm questioning 19 the relevancy of where she was making phone calls to 20 him from. 21 THE COURT: Well, if it was you, I 22 suppose it would be relevant? 23 MS. URBANO: You're right, Your Honor, 24 it probably would be. 25 THE COURT: Go ahead. 39 1 A Sh h d . e a told me that she was working with her 2 brother at the garage, she had worked there during the 3 day cleaning cars, and then at night, Monday, Tuesday e 4 and Wednesday, she would drive cars to auctions and 5 stay in hotels and she would call me from the hotels. 6 BY MR. BRUNGARD: 7 Q. And did she also say anything to you about 8 living in a van? 9 A Y h did ll . es, s e te me she was living in a van. 10 Q. What were the circumstances about living in a 11 van? 12 A. She just told me that she was in there, how 13 long, I don't know. She did tell me that she was 14 living in a van for awhile, I don't know how long Q 15 though. 16 We had talked on the phone -- her plans were 17 -- she told me that she was going to move back and she 18 never did. She started calling me like every night and 19 then I would call her at her mom's, but I never got her 20 at her mom's, but her mom would relay the message and 21 then she would call me from somewhere. 22 Like I said, if you get my phone records from y 23 Bell Telephone, you can see where all the phone calls 24 came from. 25 Q. Were they collect calls? ¦ w 40 1 A. Yes, some of them and I called her sometimes, 2 too. 3 Q. Now, how many locations do you know of that 4 she lived at or at least that she told you that she 5 lived at while she was down there? 6 A. While she was down there? 7 Q. Yes. 8 A. She told me that she lived with her parents, 9 but every time I called, she was never there. I know 10 on Monday, Tuesday and Wednesdays she drove cars with 11 her brother and stayed in hotels. Really, I didn't -- 12 she really didn't tell me any address or anything of 13 where she lived, it was more or less -- she said she 14 lived with her parents, but every time i called, I 15 never got a hold of her. 16 She told me that she worked during the day at 17 the garage and then drove cars Monday, Tuesday and 18 Wednesday to the sales. One was -- I can't even 19 remember the names, but she would drive cars to the 20 sales to sell them. 21 Q. Now, while she was living with you -- 22 A. Um-hum. 23 Q. -- Katie was living there, too, correct? 24 A. Yes. 25 Q. Have you talked to Katie while she's been up 1 41 1 h ith ere w Mr. Day? 2 A. Yeah, just yesterday, wasn't it Todd? 3 Q. You have to testify. 4 A. Well -- yesterday. 5 Q. Was there something that Katie said to you or 1 6 happened with you and Katie that bothered you? 7 A. Katie walked in and I asked her, I said, how 8 are you doing, Katie, and she just turned her head. I 9 id h t i I id i h i sa , w a s wrong, sa , g ve me a ug, Kat e, and 10 she said, no. I said, why? She said, because my mom 11 told me not to talk to you. 1 12 II I said, well, Katie we've been friends for a 13 long time, I said, I never did anything wrong to you, I 14 said, we we re friends, you run around with my kids, 15 Carrie and Ryan. I said, you like Carrie and Ryan, 16 don't you, and she said, yeah. Then about fifteen -- 17 well, about ten minutes later, she finally did come 18 over and give me a hug. 19 Q. Was there anything that Ms. Karichner did 20 with Katie when she was living with you that bothered 21 you? 22 A. When she first moved in she spanked her Ea 23 pretty hard. 24 Q. When you say spanked, are you talking on one 25 occasion, one spanking or are we talking several 9 j I 0 5 F LJ E C I C' L 0 1 42 1 times? Explain what you are talking about? 2 A. On several occasions when Katie would get -- 3 I don't know how to explain it, she'd start crying, shg 4 wouldn't eat and Shelley would spank her and put her to 5 bed, but then after a while it did quit. 6 Q. When she would spank her, how many times 7 would she spank her? 8 A. Oh, seven, eight times. 9 Q. Was there a situation where Ms. Karichner at 10 one point attempted to blame a bruise that was on Katie 11 on Mr. Day? 1211 A. Yeah. 1311 Q. What was that situation? 14 A. Something about Mr. Day took Katie to a 15 picnic and she come home with a bruise and she called 16 Children & Youth or one of those -- either Children & 17 Youth or some one, I don't know which one it was, 18 Children & Youth or someone, and blamed the bruise on 1911 Todd Day. 20 Q. Now, is Ms. Karichner somebody that you trust 21 or don't trust? 22 A. I don't trust; when she left, she took a lot u 23 11 of my stuff. 241 Q. Is she somebody that you believe or don't 25 believe when she tells you something? M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 A. I don't believe her. Q. Would she say -- would you ask her why she was hitting Katie? A. Not really because that was her daughter, I mean I had my kids. I mean Katie was crying and wouldn't eat and screamed, you know, she would scream and cry and stuff and it would work on Shelley, Ms. Karichner's, nerves and stuff. Q. That's when she would lash out? A. Yeah. Q. Have you seen her shaking the child? A. Maybe once before she put her into bed. MR. BRUNGARD: Nothing further. THE COURT: Ms. Urbano. CROSS-EXAMINATION BY MS. URBANO: Q. Did you see that bruise that she had when she came back from the picnic? A. Yes, I did. Q. And you said that she -- you did see her spank Katie a few times, but that was just in the beginning when she first moved in and then it quit, is that what I heard you say? a 44 1 A. Yeah, it didn't happen -- yeah, it was in the 2 beginning and then when things started with Children & 3 Youth, then it sort of -- it quit. 4 THE COURT: When what started with 5 Children & Youth? 6 A. When she started calling Children & Youth and 7 Children & Youth started getting involved. 8 BY MS. URBANO: 9 Q. You're not trying to say that Shelley was 10 involved with Children & Youth, herself, she did not 11 have a case worker or anything like that, you're 12 talking about when she called about -- 13 A. I really don't know, she was -- she did a lot 14 of things on her own, I mean she was -- 15 Q. So you don't know? 16 A. Pardon me? 17 Q. You're saying you don't know? 18 A. I know she called Children & Youth a few 19 times, yes. 20 Q. That's what you are talking about then about 21 the Children & Youth involvement? 22 A. Yeah, Yeah, yeah. 23 Q. Okay. 24 MS. URBANO: I don't have any other 25 questions. e A A 45 1 THE COURT: You may step down. 2 MR. BRUNGARD: I would call Mrs. Day. 3 4 JANE DAY, called as a witness, being 5 sworn, testified as follows: 6 7 DIRECT EXAMINATION 8 9 BY MR. BRUNGARD: 10 Q. Mrs. Day, state your name and address. 11 A. Jane Day, 130 West Keller Street, Castanea. 12 Q. Who are you married to? 13 A. Arlen Day. 14 Q. How long have you lived in Castanea? 15 A. Twenty-six years. 16 Q. And I believe that your husband is retired? 17 A. Yes. 18 Q. Is he in good health? 19 A. Yes. 20 Q. Are you in good health? 21 A. Yes. 22 Q. Do you work part-time? 23 A. I take care of an 89 year old fellow -- I 24 don't take care of him, I go get him his lunch and see 25 that his supper is prepared for him so he has supper at Q A :r r F h? L,.'n .ter nrrrn9fE:V?" 46 1 night. 2 Q. Do you stay there for four hours or what do 3 you do? 4 A. I stay there for four hours. 5 Q. Where is that at? 6 A. At 1058 West Third Street, right behind CAPS 7 up on Bellefonte Avenue. 8 Q. In Lock Haven? 9 A. Yes. 10 Q. Are you and your husband involved with the 11 baby-sitting of Katie when Todd is going to or from 12 work or at work? 13 A. Yes, we baby-sit her whenever, but she 14 usually won't leave her daddy. 15 Q. And have you been the one making the phone 16 calls and trying to make the arrangements as far as 17 picking up and dropping off the child? 18 A. Yes, because Shelley made the statement that 19 Todd should be in jail and she will not be happy until 20 he gets in jail, so we were advised for us to 21 communicate instead of Todd because this is possible, 22 that that's what she could do. 23 Q. And what happened that Shelley left the area 24 abruptly back in August of this year? 25 A. Well, this has been a bad thing, it's been 1 a 47 1 through Court that he gets Katie at a special time and 2 take her back at a special time. 3 Well, I have always been the one, me and her 4 dad or my husband, have picked Katie up and took her 5 back, there has always been two, but it's always at 6 Shelley's discretion. 7 I mean one week it's fine, maybe a month it's 8 fine, the next thing it's changed, so this particular 9 time she called -- they just lived a block away from us 30 -- she called and she said, I am informing you now 11 lady that when you bring Katie back, she said, you go 12 up to my door and knock on my door. 13 Q. This is when Katie and Shelley were still 14 living in Castanea? 15 A. Yes. So I said, Shelley, we've always met 16 you, you brought her to the car and you've come out to 17 the car to pick her up and that's worked fine. Now, 18 why do I have to bring her to the door, that's Bill's 19 house, I don't feel I should have to come to Bill's 20 door. She said, because I say so, okay. 21 So that night -- it was like 9:00 and 9:00, 22 we picked her up at 9:00 and take her back at 9:00, so 23 I took her out to Bill's at 9:00, knocked on the door 24 and this lady came -- Shelley came to the door and she 25 carried on like unbelievable, calling me a "F-ing" S.O. 1 D D D Y 48 1 -- get the hell off of this property, you have no 2 right on this property. I said, I'm only here because 3 this is what you made me do. 4 Q. And that led to the -- 5 A. She carried on furiously. There were these 6 three little kids, Katie screaming bloody murder, I was 7 trying to get off the property, unbelievable the e language. Finally, Bill came out to the edge of the 9 road when I was leaving and took a hold of her and took 10 her in the house. 11 I went back, I was so worked up, I said to my 12 husband, I can't stand this any longer, I can't stand 13 every time we pick her up we have to go through this, 14 so we went up to the Police Barracks and they said 15 there wasn't anybody there, but they had one over in 16 Castanea, they would come over. 17 So he came over and we explained the 18 situation. He said, what do you want to do. I asked 19 him what my things were? We've been through -- excuse 20 my language -- living hell with just picking up and 21 delivering Katie ever since this has gone on. 22 She's been to the cops -- in July, going back 23 to July, the State Police called me one night at 24 quarter of twelve apologizing, but I had taken Katie 25 back that particular night and she started carrying on 1 2 3 4 5 6. 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 about -- something about Todd and I hung up on her. She called the State Police and wanted me arrested for harassment on the telephone that night. I only called her to tell her I was bringing Katie out and she starts in, I mean this is routine. So getting back to August 8th, the State Police come down and I filed a thing to have her arrested for disorderly conduct and that's when they -- he said I will go out and tell her right now when I leave your house, so he did and that's when she left Castanea. She called her brother, Steve, I understand to come up about -- this was 9:00 at night because at 9:00 I always made sure that she was there by 9:00 and that's when she left Lock Haven -- Castanea and has been gone ever since. Q. Did you know she was going to leave prior to that night? A. No, she had just said her dad was ill and she was going down for a couple of days. I mean even at that day, we took her back a day early because the next day they were having a family picnic at Knoebles Grove. It was always -- we've always bowed down to whatever Shelley says, it's always been this way as far as picking up Katie and doing for Katie, whatever. 1 1 a a ¦ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so MR. BRUNGARD: Nothing further. THE COURT: Mrs. Day, where does Katie stay when she is here in Clinton County, with you or with your son? A. With Todd. Oh, yeah, they come over to my house, Judge, and she won't even leave him go outside unless she goes outside, I'm going with my daddy. But now like if he has to go to work, i baby-sit, you know, I baby-sit if -- on occasion that she's been up here and he's worked, she stayed at our house. THE COURT: Do you baby-sit for Mrs. Krepps' children, too? A. No, no, I never baby-sat those children. THE COURT: Who takes care of those children? A. They go to day care, Kids Whiz out here on the corner, I guess that's what they call it, Kids Whiz. But we've always been the communicator like going down to Selingsgrove. And she said she hasn't lived with other men, well, there has been a Dallas that -- THE COURT: Ma'am, just answer the questions. A. Okay, sorry. 1 2. 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 BY MR. BRUNGARD: Q. Have you or husband or both of you been the ones that have been going back and forth when Todd has been picking up the child at Selingsgrove? A. Yes, it's mostly me. Q. Do you have any idea what prompted Shelley to out of the blue go to an Attorney that supposedly told her Mr. Day had to go down there and pick up the child? A. I think because he went over about his support and I am assuming she got mad about that and called and said he would have to come down to Mount Holly Springs. From now on, he comes to Mount Holly Springs, not Selingsgrove. Q. When you pick up the child now, do you go down to -- A. I didn't go last week. Q. But Todd -- A. Todd got the message he had to and I was up at Charlie's at that time, so my husband called me up at Charlie's and told me what the message was. Q. So Todd made arrangements to go -- A. Yeah. Q. Just listen to my question. The pick up last week was because Shelley said so, he had to go all the way down to where she lived? 1 a 52 1 A. Yes, yes. 2 MR. BRUNGARD: Nothing further 3 THE COURT: Ms. Urbano. 4 5 CROSS-EXAMINATION 6 7 BY MS. URBANO: 8 Q. So you're saying when the child is up here, 9 the child doesn't spend any nights with you? 10 A. No, she hasn't for some time -- overnight you 11 mean? 12 Q. Yes, overnight, she actually sleeps at her 13 dad's house? 14 A. Yes. 15 Q. She just spends the daytime with you? 16 A. Yes, usually they come down in the morning 17 and stay for lunch and are there for lunch. When he 18 has her, mostly every day they're at my house for 19 lunch. 20 MS. URBANO: I have no further 21 questions. 22 THE COURT: Thank you, ma'am, you may 23 step down. 24 MR. BRUNGARD: Offer of proof that Mr. 25 Day's father, Arlen Day, would testify the same way, ti a a 53 1 Your Honor. 2 MS. URBANO: That's fine, Your Honor 3 MR. BRUNGARD: That's all we have, Your 4 Honor. 5 THE COURT: Are there some people you 6 want to get on so they don't have to come back again? 7 MS. URBANO: Could I have about one or 8 two minutes just to at least get their names. 9 (Brief pause.) 10 MS. URBANO: I would like to call Ronald 11 Karichner. 12 13 RONALD KARICHNER, called as a witness, 14 being sworn, testified as follows: 15 16 DIRECT EXAMINATION 17 18 BY MS. URBANO: 19 Q. Would you please state your name and 20 address. 21 A. Ronald W. Karichner, 119 West Greenhouse Road 22 in Dillsburg, Pa. 23 Q. And are you Shelley's father? 24 A. Yes, ma'am. 25 Q. There has been some testimony about where a a ¦ 54 1 Shelley has lived since she came down to the Dillsburg 2 area and I want you to tell the Court where your 3 daughter has lived? 4 A. When she come down the last time, she was 5 with us for about a month, maybe a month and a couple 6 of weeks, and then to a motel over to Carlisle, she was 7 placed there through the Salvation Army, Havron, is 8 that the name of it, I don't know, and then from there 9 to Mount Holly Springs where she's presently living. 10 Q. And has she lived with your son at an 11 apartment for a period of time or did your son move in 12 to help her out? 13 A. I was going to say, my son moved in with her, 14 it was her apartment. 15 Q. Did she, to the best of your knowledge, ever 16 live in a camper/van? 17 A. No, not that I know of. 18 Q. Now, there was also some testimony that she 19 may have been working driving cars and staying at 20 motels? 21 A. The driving of the cars that she did was only 22 as a favor to my son and his employer and that was 23 taking cars to an auction or bringing them back, there 24 was never any overnight trips that I know of as far as 25 working at the auction -- not working, but... A a 55 1 Q. So she didn't even actually work for them? 2 A. No. 3 Q. She did this for a favor on a couple of 4 occasions? 5 A. Yes. 6 Q. And this was a daytime trip rather than an 7 overnight trip? 8 A. They were like evening trips starting maybe 9 at like 6:00, you have to be at the sale, sales are 10 usually over between 9 and 10 and then right back 11 again. 12 Q. Were these times that the child was with her 13 father up here, Katie? 14 A. Do this again. 15 Q. Were these during times that Katie was with 16 her father, with her natural father? 17 A. Oh, yes. 18 Q. Now, have you ever had concerns that your 19 daughter mistreated Katie in any way? 20 A. None that I would say was mistreating. 21 Q. Does Katie have a medical problem? 22 A. Something about her stomach that she's had a 23 couple operations on and it does interfere with her 24 eating I understand. 25 Q. Is it a reflux problem she's had that she's !i t^1 N V J 56 1 had to have surgery or don't you know? 2 A. Yeah, something about the stomach getting 3 larger than what she is growing and it had to be rolled 4 back and then it will -- as she grows older, it will 5 unroll, but she's been in just once or twice, I don't 6 remember, I know once for sure and, of course, at that 7 time Shelley and Todd were together when that was done. 8 Q. And so your daughter had to take care of 9 medical problems with Katie for a number of years, 10 isn't that correct? 11 A. I would say it's probably about two years, I 12 don't know, I'm not good with dates. 13 MS. URBANO: I have no further 14 questions. 15 16 CROSS-EXAMINATION 17 18 BY MR. BRUNGARD: 19 Q. Mr. Karichner -- 20 A. Yes, air. 21 Q. -- how do you know that Shelley would be back 22 from driving at auctions if you weren't along? 23 A. I have always taken turns helping my son and 24 his employer drive automobiles, to one auction anyway. 25 Q. One time? 1 ¦ 57 1 A. No, no, not one time, several times, but only 2 to the one. 3 Q. Only to the one auction? 4 A. Right. 5 Q. And that auction wasn't that far away? 6 A. No, it wasn't that far away, that one is over 7 by 9 then back home. I know the one -- 8 THE COURT: Just a minute, air. Ask 9 another question. 10 MR. BRUNGARD: Certainly. 11 BY MR. BRUNGARD: 12 Q. Mr. Karichner, when Shelley would live with 13 you, did she stay there every night or did she stay 14 other places when she lived with you? 15 A. She stayed with us most nights, there were a 16 few nights that her and my son would stay where, I 17 don't know. 18 Q. Where did your son live? 19 A. My son at the time was living at New Kingston 20 Auto, they had a back room there that was fixed up for 21 him to stay. 22 Q. Yes, he was actually living at a garage, in 23 the garage in a back room, correct? 24 A. Yeah. 25 Q. It wasn't like he had an apartment, even an 1 a a ¦ ¦ 58 111 efficiency apartment, correct? 2 A. At that time, no. 3 Q. Where is he living now? 4 A. He's living with his girlfriend at this time. 5 Q. How long did he live with your daughter? 6 A. From the time she moved into the apartment in 7 Mount Holly Springs. 8 Q. Do you know when that was? 9 A. At least a month, a month-and-a-half. 10 Q. You don't baby-sit for her, do you? 11 A. Occasionally. 12 Q. How many jobs has your daughter had since 13 she's been down there? 14 A. I would say three that I know of. 15 Q. Could there be more? 16 A. I'm trying to think what they are, the car 17 wash, Weis and what else, that's it that I know of. 18 Q. Do you know a Dallas? 19 A. I met him through my son over at his work, he 20 bought a car off of Steve over there. Other than that, 21 no. 22 Q. Do you know Barry? 23 A. Barry, no. 24 Q. Have you met other -- 25 A. Have I met Barry, do I know a Barry? A 59 1 Q. Have you met other male friends of your 2 daughters? 3 A. No. 4 MR. BRUNGARD: Nothing further. 5 THE COURT: Anything else? 6 MS. URBANO: Nothing. 7 THE COURT: You may step down. 8 One more witness. 9 MS. URBANO: I have nothing further. 10 THE COURT: All right, enter the 11 following interim order: 12 "Now, this date, following the taking of 13 some testimony and in anticipation that this matter 14 will be referred to Robert Meacham, Licensed 15 Psychologist, it is hereby ordered on an interim basis 16 as follows: 17 1. The parties shall have shared legal custody 18 of their minor child, Katie Marie Day, born April 20th, 19 1994. 20 2. Primary physical custody shall be with mother 21 subject to the following special conditions: 22 A. Mother secure telephone services in her 23 home by January 3, 1998. 24 B. Mother advise the Court in writing of 25 the identity of anyone who resides with her in her 'ai ¦ ¦ 60 1 home. 2 C. Mother continue to maintain her 3 residence at Mount Holly Springs. 4 D. Mother refrain from taking the child to 5 any counselor, psychologist or social service worker or 6 any third party without specific written permission of 7 the Court; the Court will consider further orders with 8 regard to counseling upon the receipt of reports from 9 any Agency which suggests the child needs such 10 counseling. 11 3. Father shall have interim partial custody 12 privileges as follows: 13 A. From December 28th at 6:15 P.M. until 14 January 3rd at 6:15 P.M. 15 B. For three days during the period when 16 father has two days off and for four days during the 17 period when father has four days off; father's partial 18 custody privileges shall begin at 6:15 P.M. on father's 19 last day of work. 20 4. The Clinton County Children & Youth 21 Social Services Agency is directed to secure the 22 services of Cumberland County to do a brief Home 23 Investigation. 24 5. This matter is referred to Robert 25 Meacham, Licensed Psychologist, who shall meet with the wit 2 3 4 ?.. 5 8 9 10 -` 11 t` ?eV 12 13 14 15 16 17 18 19 20 21 22 23 24 r 25 61 parties and any others that he deems appropriate; this matter will be scheduled for further hearing following the receipt of Mr. Meacham's report." T will see Counsel now. (Whereupon, the hearing was concluded at this time.) 6I f f 3 62 l 2 I N D E X 3 - WITNESSES 4 FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS 5 'SHELLEY KARICHNER 21 31 35 36 ' RONALD KARICHNER 53 56 -- -- 6 1 7 FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS 8 TODD W. DAY 3 17 -- -- WILLIAM ZERBY 37` 43 9 JANE DAY 45 52 -- -- 10 11 t 12 13 14 -15 16 t 17 18 19 20 21 22 23 24 25 m ¦ 63 1 2 CERTIFICATE OF COURT REPORTER: 3 4 I, Dee Ann Crissman, do hereby certify that 5 the proceedings, evidence and rulings of the Court are 6 contained fully and accurately in the notes as taken by 7 me on the hearing of the above matter and that this is 8 a correct transcription of the same. 9 10 r-7 11 DATE : 9 / `' DEE ANN CRISSMAN 12 Official Court Reporter 13 14 *+*rar+• 15 16 APPROVAL OF THE COURT: 17 18 19 The foregoing record of the proceedings upon 20 the hearing of the within matter is hereby approved and 21 directed to be filed. 22 23 ! 24 DATE: 2 b 1 MICHAEL WILLIAMSON, J. 25 CLINTON COUNTY COURT OF COMMON PLEAS: BOARD OF Adult/Juvenile Probation Services Domestic Relations Services Tel. (717) 893-4055 August 11, 1998 Children and Youth Services Tel. (717) 893-4100 Judge J. Michael Williamson Clinton County Court Court House Lock Haven, PA 17745 RE: Shelly M. Karichner VS. Todd W. Day No. 763-97 MISC. No. 330-97 MISC. Dear Judge Williamson: co W ?Y >! ' lu": .Z 2W w-j C , N 0 ?u CJ '?<iS r?- V . Enclosed please find the two reports which should have been attached to the Investigative special Report which was submitted to the Court on July 13, 1998 in regards to the above-captioned matter. Please feel free to contact me if I can be of further assistance. SincerelyW?ey 4(mrs7rP nse c Lice cc: Lenore Urbano, Esq. Randy Brungard, Esq. CCC&YSSA File PM/djm GARDEN BUILDING, 232 EAST MAIN ST., LOCK HAVEN, PA 17745 POLrQM1e NeSPITAL • 7601 N 3rd S"" • Nrmtup.PA 17110-2M EARL F. GREENWALD, M.D., FACOG Medical Director Children's Resource Center 717-782-2467 RE: Katie Day Birth Date: April 20, 1995 SS#: 203-74-1864 Date of Examination: April 27, 1998 Date of Dictation: April 27, 1998 4? PI NNACLEHEALTH Monday, April 27, 1998 I evaluated Katie, age 4, because of concerns about the possibility of sexual abuse. The purpose of my examination was to diagnose and treat residua of sexual abuse. Katie was accompanied by her mother, Shelley Kauchner. Past Medical History: Past medical history was reviewed with Katie and mom, and it is as follows: Katie was hospitalized as an infant because of reflux disease. She underwent surgery at that time with substantial resolution of symptoms. Other than this, she has experienced no serious illnesses or other surgeries. She has no chronic illnesses or physical handicaps. She has experienced no genital or anal injuries, operations, procedures or infections. She has no history of intestinal infections. Katie has always cWicnced constipation and were has been no change in this problem recently. She has had no psychological evaluations. Since concerns about sexual abuse have arisen, mom relates that Katie, on return from visitation with dad, complains of pain with urination. Since Febnu uy, these visitations have been occurring with dad every otter week Because of these complaints, mom took Katie to Carlisle Hospital last Thursday. Urinalysis was normal. On Friday, mom took Katie to Hershey Medical Center where urinalysis was noted to be normal, and examination revealed concerns about a cleft in her hymen. Also, recently mom has noted that it "takes forever to get Katie to bed and keep her there". Mom notes that Katie frequently awakens, and mom finds her, on occasion, completely undressed when she awakens in the middle of the night. Page 2 Mom describes sexual acting out by Katie by talking about an observation while Katie was seen at Hershey Medical Center last Friday. Katie stuck what sounds like a culture tube into a rubber glove and mom saw her rubbing her vulva with this object. Mom also notes that Katie experiences more frequent and severe anger including throwing things, biting and hitting. Medical History Obtained from Katie: Prior to proceeding with examination, Teresa M. Smith, Pediatric Social Worker for the Children's Resource Center, and 1 interviewed Katie alone. We asked if she knew why she was here today, and she said "to say the words daddy said". Using anatomic dolls, Katie named hair, eyes, nose, mouth, fingers, boobies (her name for breasts), belly button, "bad place" (her name for urethral/vaginal area and for penis), and butt (her name for buttocks). We defined private pans as the areas of her body covered by a swimming suit when she goes swimming. We asked if she understood, and she nodded "yes". We asked her who was allowed to touch her private parts, and she said "me, mommy". We asked whether daddy was allowed to touch her private pans, and she said "no, daddy hurts". We asked whether, if mom hugged her, it would be a good touch or a bad touch, and she said "good". We asked whether, if mom kissed her on the cheek, it would be a good touch or a bad touch, and she said "good". We asked whether, if somebody pinched her, it would be a good touch or a bad touch, and she said "bad". We asked whether, if anybody touched her private parts, it would be a good touch or a bad touch, and she said "bad". We asked whether anybody had touched her on her private pans, and she said "Cody". We asked who Cody was, and she said "he touched me on the trampoline. He pulled down my pants and touched my private parts." We asked whether Cody had touched any other part of her body, and she said "my butt". We asked whether Cody had touched her in any other way, and she said "he pulled my pants down and touched my private parts". We asked whether anybody else had touched her private parts, and she said "no". We asked whether anybody had touched her and told her to keep it a secret, and she said "yes". We asked who, and she said "daddy". We asked what daddy told her to keep a secret, and she said "can't tell". We told her that it was okay for her to tell about secret touching that hurt her, and again asked her what daddy had told her to keep a secret. She said "keep my bedroom secret". We asked what the bedroom secret was, and she said "I don't remember". Physical Examination: I explained the purpose of the examination to Katie and mom and invited mom to prepare her for the examination. Page 3 Katie was cooperative for the examination and was accompanied by her mom throughout. She is well-developed and well-nourished. Her height is 41 in, and her weight is 46 lb. Skin examination was normal. HEENT examination revealed a %: cm, tender hematoma above and anterior to her right pinna. This was from a recent fall. Lungs were clear to auscultation. Heart examination; RSR, no murmurs heard. Breasts were Tanner 1. Breast examination revealed no abnormalities. Abdominal examination revealed no tenderness, organomegaly, or masses. Node examination revealed no adenopathy. Genital examination was completed in the supine frog leg position with the use of gross, macroscopic and colposcopic visualization at magnifications varying from 5X to 30X with white and green light. Examination of her fossa navicularis, labia majora and minora reveal no discharge. Her hymen was of an annular configuration; there was a cleft at the 12 o'clock position. The posterior rim of her hymen was narrow, and the aperture in the hymen was unusually large for a person of her age and physical stature. Lateral vaginal columns were noted, ending at the hymen in shallow concavities. Hymenal vasculature was uniform in appearance. Her fourchette and perineum were normal. Examination of her external anal verge revealed a symmetric rugal pattern, normal response to traction, and normal sphincter tone. I obtained oral, vaginal and rectal cultures for gonorrhea and chlamydia. These findings were documented on videotape and with digital imaging, from which photographs can be produced. Additional Information Reviewed after Evaluation or Katie: After the examination, Amy Murray, Medical Assistant for the Children's Resource Center, who obtained the pediatric health history, stated that Katie said to her "Dad chokes me and pulls my ears." "He calls me a'stupid bitch, stupid Katie', and he yells fuck " Katie further disclosed to Amy that her dad hits her in the face and puts his finger in her (pointing to her vagina). Impression: Katie discloses verbal abuse by dad in the form of obscenities and demeaning names directed at Katie by her dad. In addition, Katie describes physical abuse in the form of being struck in the face by dad. Finally, Katie disclosed to Amy dad's introduction of his finger into her vagina. Examination of her hymen demonstrates the healed residua of the introduction of a foreign body through the hymenal Page 4 orifice and into her vagina, as evidenced by a cleft at the 12 o'clock position, which is a healed laceration, involving the edge of her hymen. The transverse diameter of her hymenal orifice was large for her age and suggests stretching of her hymen by introduction of a foreign body into her vagina. Skin examination reveals no residua of Katie's disclosure of having been struck in the face by her father. There are no residua of this contact, nor would there be anticipated to be residua considering the time interval between the activity and this child's examination. Accordingly, lack of residua does not preclude the slapping event described in Katie's disclosure to Amy Murray. According to morn Katie discloses burning with urination. Urine examination is normal, indicating that the burning with urination is not attributable to a urinary tract infection. In the absence of pre- existing urinary problems such as urinary tract infection, this discomfort is specific to trauma to the periurethral area and it is consistent with injuries associated with digital trauma to the urethral/vaginal area, as disclosed by Katie (dad's introduction of his finger into her vagina), when Katie was talking with Amy Murray. Plan: I will see Katie again if further care or evaluation is required. I highly recommend that Katie undergo psychological evaluation in view of her disclosures of verbal, physical, and sexual abuse. Earl F. Green?, M.D. 05/19/98 PinnacleHealth Hospitals 02:13 Frank R. Rudy, M.D., Medical Director Pt. Name: DAY,KATIE Age/Sex: 3Y F DOB: 04/20/95 Hosp. No.: 203741864 Account f: 980335033 Loc.: WOMEN'S OP CTR POLY V31375 COLL: 04/27/98 15:56 GC SCREEN SPECIMEN DESCRIPTION SPECIAL REQUESTS CULTURE REPORT STATUS Ordering Physician REC: 04/27/98 21:51 Dr. GREENWALD,EARL VAGINAL VAULT TEST PERFORMED AT HARRISBURG HOSPITAL NO NEISSERIA GONORRHOEAE ISOLATED FINAL 051598 (!Eb .1 . FA71Z J . ?.. .. . Jz l Cumberland County Children & Youth Services May 8, 1998 -AXAv/ew.f %?eGlrvi? ? -tWPWMjr •X1"1414U Agency Adn"trator a" I. m". l.SW Clinton County Children and Youth Attn: Dennis Wilson P.O. Box 787, Garden Building 232 East Main Street Lock Haven, PA 17745 Re: Katie Day DOB: 4-20-98 Childline #: 18-01393 Courtesy Interview Dear Mr. Wilson. This letter is written as documentation of Cumberland County Children and Youth Services' courtesy contact with Katie Day for your pending Child Protective Services referral. County On April 28. 1998. Jill Albright, caseworker, met with Kade Day Commissioners N?y „ at the home of her natural mother Shelly Karichner and her paramour , end R K~ YMCM L It"" David Noreika. Their residence is located at 11 Schoolhouse Road, NewviI1c. PA. 17241. During this interview, Katie was very hyper and refused to elaborate on many of her statements. Katie disclosed the following information: 1) Kitic stated that the pu Dose cf this wurker's,,isit was for Uus tF worker to meet w ith Katie "so daddy doesn't do bad things ' r . to me anymore"., ' f %'E n?Y 2) Katie stated that she went to the hospital recently to check to K3So see if daddy was hurting her. Suite 200 Human Services Building 3) Katie stated that she feels "good" when she goes to visit her dad. 16 West High Street Katie enjoys playing on the trampoline at her dad's house. Carlisle, PA 17013.2961 (717) 240-6120 4) Katie stated that her dad smashes her in the bathroom and her dad (717) 697-0371, Ext. 6120 washes her "bad place". (Katie calls her vagina her "bad place".) (717) 532.7286, Ext. 6120 ' Cumberland County Children & Youth Services 5) Katie stated that she has "changed her mind" and she and her daddy do not have "secrets". 6) Katie put her hands around her neck, as if she was choking herself, and stated that her daddy chokes her. Katie stated that she does not cry when her daddy chokes her, but she laughs. Katie explained that her daddy chokes her because her daddy is mad at himself. No bruises or marks were noted on Katie's neck. 7) Katie stated "Walkin' talkin' doctor Todd," but did not elaborate or explain this statement. AQM" tAdrnkVstralar I I 8) Katie stated that she wipes herself when she goes to the o.ar 5" tsw bathroom and reported that she has some difficulties wiping herself when she defecates. County commissioners IWty A s.u" [p1 R. KOM UwW L UWi Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013-2961 (717) 240.6120 (717) 697-0371, Ext. 6120 (717) 532-7286, Ext. 6120 This caseworker also spoke with the natural mother, Shelly Karichner and her paramour, David Noreika. Shelly reported that Katie had returned from her week long visitation with her father, Todd Day, on February 22. 1998. On February 23, 1998, in the evening, David was reportedly in the living room lying on the sofa and Shelly was in kitchen. David reported that he heard Katie say "w•alkin' talkin' doctor Todd". According to David, he called Shelly into the living room and asked Katie to repeat herself. Both Shelly and David reported that Katie restated "walkin' talkin' doctor Todd" several times. Shelly reported that she immediately asked Katie. "Did anybody touch you?" According to Shelly and David. Katie stated. "Yeah, my daddy." According to Shelly, she asked Katie where her daddy touched her and Katie allegedly pointed to her vagina. According to Shelly. immediately following this incident, Katie went upstairs to the bathroom. Shelly reported that Katie expressed pain and verbalized that her vagina "hurt" when Katie went to the bathroom. Shelly reported that she applied "Vagisel" creme to Katie's vagina. According to Shelly. she noticed that Katie's vagina was "red and irritated" and Katie had an "awful bodily smell" only around Katie's vagina. Shelly noted that the rest of Katie's body appeared to be clean and did not have any odor. Cumberland County Children & Youth Services Shelly reported that on this date, she contacted Crisis Intervention "IN 'r -1 -lerholy 014a"" -0iv swny -la"If IdeJ Apsncy Administrator Can, i S". Lsw County Commissioners ruM. a. rM«n G t n. MMMr YMt4 L Uws Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013.2961 (717)240.6120 (717) 697.0371, Ext. 6120 (717) 532.7286, Ext. 6120 According to Shelly. Crisis Intervention advised Shelly to take Katie to the Carlisle Hospital for an examination. Shelly took Katie to the Carlisle Hospital Emergency Room on 4-23-98. Katie would not allow Dr. Frank to examine her internally. Dr. Frank noted via the physical exam that Katie had a mild rash on her labia major. According to Shelly, Dr. Frank recommended an examination for Katie at the Hershey Medical Center. On 4-24-98, Shelly took Katie to the Hershey Medical Center. According to Shelly. Katie allowed the nurse practitioner. Chris Arnold, to look at her internally. Shelly reported that Chris Arnold noticed a clef in Katie's vagina. Shelly reported that she was referred to Dr. Greenwald at the Polyclinic Medical Center. On 4.27-98. Shelly took Katie to be seen by Dr. Greenwald at Polyclinic. Shelly reported that Katie disclosed to the nurse, "Amy," that her daddy touches her with his fingers. Additionally, Shelly reported that Katie had stated to Amy. "you stupid fuck", "fuck you", and "we fuck". According to Shelly. Katie disclosed to Dr. Greenwald that Katie and her daddy have "a bedroom secret". Shelly reported that Dr. Greenwald conducted Katie's exam and noticed "a clef at 12 o'clock on Katie's vagina". According to Shelly, Dr. Greenwald noted that Katie's hymen is partially healed and Dr. Greenwald is unable to speculate when the "abuse"took place. Shelly reported that since February, when the split custody began, Katie has been complaining that her vagina "hurt". Shelly recalls applying Vagisel to Katie's vagina after Katie returned from approximately three visits with her father. David reported that lie and Katie used to have an excellent rapport, but recently Katie has been "scared" of David. David explained that the reason for this behavioral change is uncertain. David assured this worker that he "didn't do anything" to provoke this behavioral change. According to Shelly, on 4-25.98. Katie was pretending to choke her doll. Shelly reported that Katie stated that her daddy chokes and hits Katie in the face. Shelly reported that Katie disclosed this same statement with the nurse. "Amy" at Polyclinic. Shelly reported that Katie had explained that her father hits and chokes her because her "daddy is mad at hinisclt". David and Shelly reported that they have "never" noticed Katie masturbate. Shelly reported that she left Todd Day, due to domestic violence and "Todd's drinking problem. David added that Katie "never" wants to go Cumberland County Children & Youth Services •?N•?MIf My ,01141/„. ?MM/M11v •) 17, ml&a Agetry ow t, sk". "W County CommleeIonen Macy A.1Wwh Ebl R. NNW YucM L Uws Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013.2961 (717) 240.6120 (717) 697.0371, Ext. 6120 (717) 532.7286, Ext. 6120 on her bi-weekly visits with Todd. Shelly and David reported that "every week" when Katie is to visit Todd, Katie "throws a fit". Shelly explained that there have been ongoing custody problems between her and Todd. Shelly showed this worker a journal that she keeps regarding Katie and Todd. In this journal Shelly stores statements, photographs, etc., concerning Katie and her visitation with Todd. Shelly reported that on Apri 11. 1998, she and paternal grandmother had a physical altercation. Shelly has pictures of her own injuries allegedly caused by this altercation. Shelly reported that she and Todd have been arguing because Todd refuses to pay support. Shelly stated that Katie's daycare teacher. Ms. Lori, has noticed "a difference in Katie" since the alleged abuse. Shelly reported that Katie attends Mulberry Child Care Center in Camp Hill, PA. On 5.5-98, this worker contacted Rick Hunt and Charlene White at Mulberry Child Care Centers. Inc. The Center is located at 3710 Trindle Road. Camp Hill, PA, 17011. The telephone number is (717) 761-5719. First, this worker spoke with Rick Hunt. Rick is Katie's classroom teacher. Rick explained that Katie's previous teacher, Ms. Lori Heikel, no longer works at the child care center. Rick has been employed by the child care for two weeks and Rick has had contact with Katie on two dates. Rick recalls that he may have noticed Katie "touching herself," but "nothing out of the ordinary". Rick stated that he has not seen Katie penetrating objects into her vagina. Rick reported that Katie's previous teacher had kept a notebook with notes regarding Katie. Rick reported that the notebook did not note any behavioral changes in Katie. Rick reported that it is noted in the book to "keep a log if Katie says or remarks about dad". This worker spoke with Charlene White. Center Director at Mulberry Child Care Center. Charlene explained that the notebook is being kept upon Shelly's request due to the investigation. Charlene reported that she frequently has contact with Katie. Charlene reported that she has not noticed Katie masturbating, nor has Katie complained about any vaginal pain. Charlene reported that Katie interacts well with the other children and does not have any separation anxiety when leaving her mother. Charlene has not noticed any behavioral changes in Katie. Cumberland County Children & Youth Services .-ANA 14'ey IAIII/W ny .Ia r».l a. AQWxy AdmWgrabr 0"Lr".LSW County Commissioners EM FL KWW Uwde L Yrara Suite 200 Human Services Building 16 West High Street Carlisle, PA 17013.2961 (717)240.6120 (717) 697.0371, Ext. 6120 (717) 532.7286, Ext. 6120 If you have questions or are in need of any further information. please feel free to contact us. Sincerely, / Jill Albright Caseworker Dianne Rupp Casework Supervisor A 1 (CHILD PROTECTIVE OSERV CESLAW - T TLE 3'PAA CSA CHAPTER 03) PLCAS( REP(R T:1 INsYRUc(JONs am R(V(Rs( slDf. (1fC(PT FOR sJGNATUR(, PL(AS( PRINT on Tras t'? rOY 7AY L KATI M 3OC. [rG NO. TSOA T¦ [g r [[11 , -- ? . E mu lk-186+ 8e3. •2U-9 pM 4 ss Maraca. City. sots • sl t CsMI - ss il SCHOOL_F{C"SE ?Qo EWV P ' 000R-- I/L tt-LE 1 1Z4 MaSBNT LOCATION 11 Ol"ErI['R THAN NDV( COUNTY `. 01 OOICAL/AOOPTIVS MOTHER `stl INtI, IHllsq 6L l sOG ttC 10, [isTNOATE M TILVIgN( NO. - _ . I Ly - a•s 1i 21 ? AOOB[ss tiYSSt, city. Nets • P. c+W COUNTY 11 ?C KOCTL?O V • - W V t t-? 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L? , a+T,--Pe , a n..., r.A 4'.4 ?1 0. 90441 T CNJW AIKAFI TO JS FL%WL SUICIDAL OR WITDAAWW If YXIeln Ill OnAllt ? b ? M'o'm I@ `° - war wf?. Frti... - rear[ wcfe.. f S on FACTORS, FAMRR A. COMM A% /:APWAI®YNrMCTItATLII CIMIICTIAIFIed THAT A.ACC THE CHILD AT III= ? ??? 64,1.1 "(let rtfo'+ `'r?L.II We.t e- .vTHH.-L "Wc CH,H.E' he.,, 4- Ltr on rr Hp/ 4"+1M. L 00=1aE TIa aiTflrr RleanMT0lrm ACCESS TO Ollta A ? K L-.? C. Is T HM ANY MRiTM1a AIUCf IN THS HOUSDIOLID ? Ib Llnmw ? nt If YES. ILMU Exn AUe 1 0. O IF YVIL M TT FLKH? ?AAK RfrIarCtUTOA HAYS A HICTOAY OF VIOLDICL OII UVM [MOTIONAL MOM.OW ? q r-I ?qR ? C WIMT If M OIVIA NUAGNT.% WALTH AAO SATCTT CONDITION C D* HOMV IIfAOnlr I. WILL CHILD Y AT RISK DIX TO COUNTY AGIDWY INVOLV[a1Dm ? xa citse"" ? Rt If YES. ILIASE OtILAIR 4 ALL T4At WCA/OMi IM THI' HOMO ? rem 1: IaaxeWe ? TR 1 if WIS. KtAat WWII, WSTAl1CTIONS TO MANDATIM MMSON&- Any person Who- In the Carte of thew *rnptoNnant oeapuiotL Or prac0ae Of emir profneelon crortr Into Contact wM ddldren shall report or Wss a report to be made to CNK:m t1300-072-0]19) when they have rusanble Casa to eapeet an III; baay of their M*41" profassirut or ator treIning and experience. that a d0d Coming before them in *Ww profaeio W or official cepacM to a YIcUm of child muss. Whin 48 hoLn after nakkp the oral report send am copy of No report to the aotatty (M*en end youth eger". NOTE If dm Child has been Open Into Woody, YOu runt also IrVnsdaLty cantaCl the canty children Kell youth agency where the above OCCW*& Exempt for ConfldentW COMVAWC1UQM made to in ardaned nmmber of the clergy. the prMleged eatmrkadon between any profess60nd per tan reduired to report a+d the pedant or di«a of that person shall not apply to sliustions bnolr41g child ebms and *A not oongd" grarWs for f0we to report suspected muse. M/Inane rAa/a 7H7•.LVr'1'r'04 R1 Carlisle Hospital and Health Selvlas I" Put" Sanal • C+IY14. FA 170IM310 . 717.246.6600 CONVENIENT CARE/EM rY •aa WRtut I n or IOUni. o..•nrn ERGENCY REGISTRATION run a 03487 04/23/98 211 2 CAR c re n!r •¢ q, Mtmt.?raas 3 40 70 N 4554481 ONE PA .4 [ - AY1 KATIE N. 4Y F N S 1 SCHOOLHOUSE IRD 04/20/94 APR 18 1998 203-74-1864 RENVILLE, PA 17241 .•:, •a.au ,.a. wt . no, aoc.94cro - - DAY, TODD N. CORNING GLASS CO 301 BEECH CREEk AVE 100-46-7801 STATE COLLEGE, PA HILL HALL, PA 17751 4Yla •aV?Y r.Ola. ?•IO. fS4W bWIKIaLT KARICHNER, SHELLEY H. (717)776-4562' 18 17U-WEU-GAE 1 180467001 4701245963 00 ` DAY, TODD N. 03 DAY1 KATIE H. 01 Irs.•: utiw9.t rncr......ca CORNING NED CARE PLAN HA A W.v cart ao , •M. 4 VAGINAL PAIN AND I RRITATIO COYLE, JOHNSON 0 NO N • OR, W:AN r BRIEF VISIT 26700 CAST ROLL, PLASTER 26076 ALL ADDITIONALCHAPGZ6 CLASS 1 VL57T 26770 6P MONITOR 26037 •----_.__-• -------- / \ t ----------------- t --- . r C1A55 6 NSR' XNJ ACER PADS 79064 t t CLASS 19 VISIT ? 26730 I ASTROMEMO SLJOE 26060 t t i r CLASS IV VISIT 26740 IOODE TOURMOUET 26046 --------------------- ` ?•-•••-••••-••- I ? ? CLASS V VISIT 26760 OCL PER f00T 79670 i I CONVENIENT CAPE I 27020 F.S.0.S. 60061 i -• ?• -- - I NI ONV NT C RE -- -------------------- --- A II C E E 27023 TUBE GAUZE PER FOOT 26071 ---------- ---------- --.__.-------•••-----, KNOR SUTURE ; eDS 01 ED STAT ESTAT t t i MEDIUM SUTURE EDS 02 PULSE OX POXEO MAJOR SUTURE 50 ------------------- , ` 3 E0 EXTENDED CHAAGEI 26760 --------- _____ __ _-------..., INTUBAT)ON EDS 04 EXTENDED CHARGE II 26770 , IvsErur eos06 I CARDIAC MONITOR EDS11 ------------- `•...°--------------' ----------------- PELVIC EXAM E0514 ---- - •, --------------------- t -------------------- -- NITRO SETUP EDS 16 ' r t r CAST. SCOTCH SHORT ARM 26031 - _ ---- -, I CAST SCOTCH LONG ARM 26032 - ------------------ ------- --------- ---------- -------- . CAST. SCOTCH SHORT LFG 2623 CAST. SCOTCH LONG LEG 2034 -------------------------------- . ..--....... _.....• '.--------------------- ......_________ I EF-06M (ASV. &" Culisleli ital an . d Health Senices NAME FtT I Q. 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KATIE N. ian o.n+.r 04/23/98 21123 W 4Y urcy .o. YYYD) F/N 8 N 04/26/96 TUJE 10:20 n w1M09 TYel I JUST SRS WE TW RATS LONATURa . MEDICATIONS Wr. Oa•e Re1M TYM ? N O= with CmVWW aOlp TRSATYSIrT I P01IMM1II9 T11, O NTPTAL PUT OUT Q RgP.TREAnAENT t111M 6•Yla Ohr TWE TIME _._. AIMPTawe APM"WW An\RYr TIµE nME - z: 7 ? Ad WAY-rME TWE SIZE / TUBE ?_. ? SCMSM; 7 . NOn ON OP: AMAMT OUT•. IN TOTAL TOTAL TOTAL O I1os Soos1 worker ? F '3 ? Fenny ? C ? M I' aorlr 13 calmult" TIME COLOR__. Torsi: Cr" WONVA M Waklp Nona m- Odw Cl . vrrAL SNiNS • ? ON Sp iAONnOR Timm wo _ 0761 _ LAaS DRAWN - UA" AEG _ ? MM OX - M / R i wrrm 1 7 \ • tM. w I V I! I 1 /\ I U . v . n AJ I: ?1\ i y„(' v (r4 L, 0 All 1111 , I .\ Y]1 ,! ' 11 N ' , / \ nn WT ? 1 .? ?V •? v I I • / G I 1 • I . )mu f-n s EVALUATION AND OtSCI ARGE NOTES: UNDERSTANDING Of DISCHARGE DISPOSMON: WS09MII ? AdeieW to. ? tle.¦ u C3 For Oosw"bon A outat0y ? Friend b: ? AA M02WV wIM Assutan e ? Pole ? irwsrrad to. ? VA aNdrir ? Valuables- 0 AA Outarri Cl Morgue 0 Mr.nt red taw P 01,W ?.j_LVId•-.Sc PATIENTS NAME g*RITTEN tNSTRUMNS GIVEN ? ADO Problem ? Crutches ? AjWgc Reaction ? Eye ? A2Sene ? Favor ? ArwTW one O 51/Spnln ? AnbbKm ? General O Bad ? Need khhM1 ? Burn ? Itidrlay Sena ? Chem ? Muscle Stns O Clan Lauds ? Nsmd ? Oct>Bp nrlw O URI ? Un O Vomttirvownea ? Wommmod Excuse O Omw_ Wcdnm r, ? Odher J' ? Verbal wwctions By MD NURSES 31ONATURE C, 0 RYH-1(-8d c10N 06:49 Alt FAX N0. c 1 ?'" R.>rir. ?;!/t?? // ? ._ x.:11 ?.? PennState Geisinger The Milton S. Nerstmy Health System Med)wcenter _D J ACUTE CARE VISIT P. 01 D A- yr (0 3 1? 5.:? 7 ..lJ y /t?•G Mapamanon: Apr .-'T !{n In,omurN, _ / .. 17 Appearama: ... ... Protilams; Agee o ?, 1 M ca -- -- - - •-.- .- -. _ ImmununYOru RaWe"d:_ PCP; PYH: (Npjpdelirationa/3urprnaallln?,sf)= - `. --._ _ _ -_Si9natur??? • -• -. - VITAL SIGNS: n?n.o IR' BP: I W, P: (atdutg Labs, Treatment. Re)ermis, Q•C Inctnstgns) RTC:_ -. Anticipatory Guldance(ullydtacvpW) Fe" Cow&: -' -•- NOWtOtekeMedidnas:.`------ Attending Um a OCT McOcines:- When tocalMD: -..- ,- .. 1... -- --, .. -titan- t?,"57T??`?'r-•_?-•?-?r •+u?, lilt .K`Ct._.Ln1 t .{[t(!Sc _ .K.L(L.?!• I-clLat.) 5-• lu?u=1?ctt?e?T APPmPrlateuseolER:_..---- ---vdE i4 C- - C-otin J hlldron's Camins is- T070 Conlin sit-east/-.IY-9 - -- ate: ` SI y tr-1 • If.L h1- ?u.ce ?L?1=•?. oe D1ctatlan Lettor to ma J aNtu+ee. MOVINP _L? t r..t?- •--'s-?--? MRTW 10ve _ MOICRNP ACUTE CARE VISIT 11 ?1 W?6*Cean ?y?,? YY pMP r}rn nrrt-ci- wn ?u:c4 r?una rtuINIKIW rn ft NOWININCI nnState Geisinger The Milton S. Hanley Health System Medical Center PROGRESS REPORT MR 6 Rev. 1/95 PROGRESS REPORT /(Zrj Aal.- & 38'S,2 7 1)06 qlxlqy mnotate Geisinger Health System PROGRESS REPORT The Mlhon S. Hershey Medical Center MR 6 Rev. 2/95 PROGRESS REPORT k0A1_ bt+q OF a7 L)DA 4-b6lgLl OFFICE OF COURT ADMINISTRATOR TWENTY-FIFTH JUDICIAL DISTRICT OF PENNSYLVANIA MILE. KESSINER COURT ADM NIS7RATORIII To WHOM IT MAY CONCERN: August 17, 1999 CLINTON 7101 W W HM 11 n11f COURT LOCA HAV[N. PEWAVLVANIA 17741 111718934016 In Re: Shelley Marie Karichner Vs Todd William Day 763-97Misc. 4 Please be advised that the above-captioned matter has been scheduled for Friday r e Clinton 4, 1998 at 9:OOAM in Court Room No. I of thCounty Court House, t Lock Haven, Pennsylvania, before the I lonomble J. Michael Williamson. Miles D. Kessinger Court Administrator 00 a c?.ri r q r ? uc r xLu ? WJ CJ 1?1 U cc:LShellcyMaric Karichner -z _ _. mom j,ddd William Day m° ,mil cnorc M. Urbnno. fsq. Jtnndy 1), l3rungard, Esq. Lvtrt Administrator M""rl IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, ) Plaintiff ) a ? V. ) NO. 763 - 97 (Miscue ) _ ? - N , WC: TODD WILLIAM DAY, u, .7' W luLLi O Defendant ) =z U fas G _ , 310 U ZC DAD " Ry d Q - NOW, this 14th day of August, 1998, IT IS HEREBY ORDERED as follows: 1. The Court Administrator shall schedule this matter for an additional two-hour hearing during the first week in September. 2. Paragraph 4 of the Order of April 30, 1998, is vacated, it being the intention of the Court that David Norcika may resume contact with the child. 3. The paternal grandparents are reminded of their obligation to prevent Father from being alone with the child until further hearing. THE 1. MICHAEL WILLIAMS JUDOC COUNT 01 COYNON PLEAS EST" JUDICIAL Oll}IICT Of PANNSYLVA41A COURT "Oull LOCK HAVEN. PI 11JJ0 xc: ?Lenore M. Urbano, Esquire L/kandy P. Brungard, Esquire vtourt Administrator y Ate, IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW MIGIAM WILLIAMSM moor <OY11r Y! CoNN ON PII.P nrN/uGICUI CNIMm, or ru.NPnvPNu wY?r No YAr LOCK II AVr.N. PA 17749 SHELLEY MARIE KARICHNER, Plaintiff ) N0.763 - 97 (Misc.) , cuSTODY/VISLTATI,ON TODD WILLIAM DAY, > =r Defendant ) ,U FINAL ORDER r.? fJ7 This custody action, involving the tour-year-old daughter of the parties, has been difficult from its inception. In July of 1997 Mother moved from Clinton County making it difficult, since Father works a swing shift, to enter a workable Custody Order. On December 23, 1997, primary physical custody was granted to Mother with Father to have partial custody consistent with his days off. Following a referral to Robert Meacham, a licensed psychologist appointed by the Court, an Order was entered on February 25, 1998, granting each parent physical custody on a seven-day rotating basis. Almost immediately following the entry of that Order and contempornncous with her beginning a relationship with her current paramour, Mother began to complain about alleged sexual abuse of the child. Without dwelling at length on such I . allegations, the court is satisfied from the various medical reports received and the testimony of Trooper Kenneth Davis and Trooper Joseph Cavanaugh this date that at least a prima facie case exists warranting a limitation upon the time Father spends with his daughter. Whoever is responsible, it is undisputed that the child is suffering serious emotional difficulty which must be promptly addressed. If the problem of alleged sexual abuse were not involved, the Court would still be required to make a determination with respect to primary physical custody when the child begins school in 1999. Based upon the state of the record at this time, the Court is satisfied that the best interests of the child would be to reside primarily with Mother based upon the following factors: a. Father's work schedule makes it difficult for him to provide child care. b. The Court has previously expressed a preference for a two-parent family. Under the circumstances, therefore, the Court is prepared to enter a Final Order which may be subject to further modification pending the resolution of any criminal charges against Father. NOW, this 4th day of September, 1998, IT IS HEREBY ORDERED as follows: 1. The parties shall have shared legal custody of their minor child, Katie Marie Day, born April 20, 1994, and shall be subject to the Standard Conditions Regarding Shared Custody and Partial Physical Custody Orders dated December 1, 1996, a copy of which is attached hereto and incorporated herein by reference. 2. Primary physical custody shall be with Mother subject to the following special conditions: a. Mother shall maintain telephone service to her home in order to guarantee timely communication between the parents. J. MICNACL WILLIAMSON b. Mother shall advise the Court, in writing, of the identity of anyone who resides JUSOL COUNT or COMMOX nu• 29TH JMOicul Mr.= in her home. pI IEMFIrIYKHIE COYHr MMY1I LOCK MAVEN. PA 17745 c. Mother shall enroll the child in the I lead Start Program on September 9, 1998. d. Mother shall cooperate with Clinton County Children and Youth Social Services Agency or any other agency to whom this matter is referred in order that the child might receive appropriate counseling. c. Mother shall rel'min from taking the child to any counselor, psychologist, social services worker. or other third party without specific written permission of the Court or Children and Youth, it being the intent of the Court that all counseling be conducted by such professionals as may be designated by Pamela McCloskey of Children and Youth. 3. Father shall have partial custody privileges as follows: a, livery twenty-eight (28) days when Father has four (4) days off work over a weekend. b. From December 25th at 4:00 p.m. until December 27th at 4:00 p.m. c. Transportation shall be shared. with the parties meeting at the Wal-Mart store in Shamokin Dam. d. Father's custody privileges shall be exercised at the home of the paternal grandparents where the child shall stay, the child shall not be alone with Father until further Order. 4. Mother shall have the child available for a telephone call at 6:00 p.m. on Fridays and J. MICHAEL WILLIAMISON Mondays. Juoa¦ COUNT Or COMMON ruu nIK JUDICIAL DILTNIOT OT It NN.YLYLM11 COU., "oust LOCK HAVKN. PA 17745 3 5. Pamela McCloskey shall select a therapist in Mother's place of residence to provide such counseling services to the child as may be required; the expense of such counseling shall be home by the parties consistent with any existing Child Support Order. BY THE COURT: J. xc: L-,enore Urbano, Esquire ,.Pndy P. Erungard, Esquire Pamela McCloskey, M.S., Licensed Psychologist vClinton County Children and Youth Social v Services Agency ,_.Court Administrator MICHAEL WILLIAMSON JUDGE 00011, OF COMMON PLEAD AETM JUDICIAL DIGHHCT Of 1EM4ITLVAMIA COW, MOYAO LACK HAVEN. M 17740 4 STANDARD CONDITIONS REGARDING SHARED CUSTODY AND PARTIAL PHYSICAL CUSTODY ORDERS -- December 1, 1996 MICHAEL WILLIAM/ON JYCOK COURT 01 COYYON PIT.$ 39TH 1000.u6 OOII.KT OF ICNNCTN.N4 COURT "OUR, LOCK HAVVI. FA 17745 Access to Records. Both parents shall have full access to all relevant medical, dental, psychological, educational, and religious records. Each parent may obtain such records directly from the provider without the other parent's consent. Parents shall provide each other with any records not easily obtainable by the other parent. Any school district which the Children attend shall provide bsth parents identical information. Decision-making. Both parents shall use their best efforts to engage in joint decision-making with respect to the Children. The parents shall consult with each other concerning major health decisions, transfer of schools, changes in school curriculum, participation in extra-curricular school activities, participation in non-school lessons or structured non-school activities or organizations, participation in summer camps, and similar activities. If the parents are unable to reach an agreement, they shall exchange written proposals, including their explanations of their positions, after which they shall meet and discuss their positions in person. If they still cannot resolve their differences, the Court will, upon written request, schedule a hearing. Conflict in Partial Custody Orders. In the event certain provisions in a Partial Custody Order are inconsistent, the provisions ordered by the Court concerning specific holidays shall supersede provisions concerning vacations, weekends, and mid-week visits, and the provisions concerning vacations shall supersede provisions concerning weekends and mid-week visits. Implementation. In implementing the Custody Order, both parents shall be flexible and act in the Children's best interest, shall consult with the Children where appropriate, and shall give due regard to the Children's legitimate wishes and needs. Both parents shall use their best efforts in presenting a united front to Children and in shielding the Children from an awareness of their parents' discussions and differences as to decision-making. Both parents shall use their best efforts to insure that their spouses, extended families, and house-hold members cooperate in carrying out the intent and spirit of the Custody Order. A parent shall encourage the Children in the exercise of the other parent's partial custody rights and shall have the Children ready and properly clothed and fed at the appropriate times. In the event a parent chooses not to exercise partial custody rights on a given occasion, that parent shall provide reasonable advance notice of the decision to reduce or eliminate such a partial custody period. The parents shall cooperate with each other to permit each parent to take vacations with the Children and allow each parent to expose the Children to interactions with their extended families on both sides. MICHAEL, WILLIAMSON JUDO[ COUNT 01 COMMON ILII• LATH JUDICIAL OIOTIIICT Of IIMNITLIAMIA COUNT MOUIC LOCH HAVCH. IA 17748 Myor Events. Both parents shall be notified of and invited to major events in the Children's lives, including, but not limited to, graduations, awards presentations, performances by the Children, and similar extra-curricular activities. Illness. Accidents. and other Emergencies. Each parent shall promptly notify the other of any serious accident or illness or any legal or educational emergency involving the Children while in that parent's custody. If a Child is hospitalized, both parents and step-parents and/or any grandparents may visit with the Child regardless of any custody schedule. If a Child is taking medication, that medication or a prescription for the medication shall be made available to each parent. The non-custodial parent shall be provided copies of medical assistance and insurance documents. Other Notice Requirements. Each parent must notify the other within twenty-four (24) hours of any change of residential or work address or telephone number. During periods when the Children will be away from home for more than an overnight period, the parent who has physical custody of the Children during that period shall notify the other parent of the travel and lodging plans, a method of contacting the Children during the trip, and the identity of the persons with whom the Children will be traveling or staying. Behavior Around Children. Neither parent shall consume illegal drugs or excessive amounts of alcohol or be under the influence of illegal drugs or alcohol or permit others to use illegal drugs or abuse alcohol in the presence of the Children. Neither parent shall operate a vehicle transporting the Children while the parent is under the influence of illegal drugs or alcohol. Both parents shall insure that the Children are using appropriate seat belts or child safety seats when being transported in vehicles by that parent or by another person on that parent's behalf. Telephone Contact. The parent out of custody shall be entitled to reasonable telephone contact with the Children. Such contact shall not be monitored by or interrupted by the custodial parent. In the event of long distance calls, the parents shall agree on specific times when the Children will be available to receive calls. Moving out of Clinton County. The custodial parent shall not move his/her residence from Clinton County without written permission from the Court. 2 IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff ) NO.736 - 97 (Misc.) V. ) CUSTODYNISI2'AT@44 TODD WILLIAM DAY, ) , = wY Defendant ) xw l» ui C) WJ ?U J <.j _ w 4 V-= ¢S AMENDMENT TO FINAL ORDER = ti MID .? ?_ as m NOW, this 6th day of October, 1998, IT IS HEREBY ORDERED as folloO. 1. Paragraph 3.a, of the Order of September 4, 1998, is modified to provide clarification as follows: 3. Father shall have partial custody privileges as follows: a. Every twenty-eight (28) days when Father has four (4) days off work over a weekend from 7:00 p.m. on Thursday until 7:00 p.m. on Monday. 2. Because Christmas falls during Father's weekend in 1998, Father's four (4) day J. MICHAEL WILLIAMSON JUDO¦ COUNT Or COMMON ML4t ARM JUDICIAL 0151MICT OF It NNt1LV.N11 count NOUN LOCK HAYCN. MA 11Tt! custodial period for December shall begin at 4:00 p.m. on December 25, 1998, and end at 4:00 p.m. on December 29, 1998. BY THE COURT: J. xc: 4enore M. Urbana, Esquire andy P. Brungard, Esquire Court Administrator 0 M ?J a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 IN THE COURT OF COMMON PLEAS, CLINTON COUNTY, PENNSYLVANIA MISCELLANEOUS SHELLEY MARIE KARICHNER VS. TODD WILLIAM DAY No. 763-97 ) ) ++++++++++ Co r_ v 4l J Ln ct i- o n r_ WLC <a TRANSCRIPT OF PROCEEDINGS held in Courtroom No. 1 at the Courthouse, Lock Haven, Pennsylvania, on Friday, September 4, 1998, before the Honorable J. Michael Williamson, Judge of the Twenty-fifth Judicial District of the Commonwealth of Pennsylvania. ++++++++++ APPEARANCES: LENORE URBANO, Esquire, Williamsport, PA, on behalf of the Plaintiff, Shelley Marie Karichner. RANDY P. BRUNGARD, Esquire, Lock Haven, PA, on behalf of the Defendant, Todd William Day. ++++++++++ Reported by Mona M. Shoemaker, Official Court Reporter, Clinton County, Lock Haven, Pennsylvania. 2 1 INDEX TO WITNESSES ' 2 Direct Cross Redirect Recross 3 BY THE PLAINTIFF: 4 Tpr. Kenneth Lee Davis 3 6 -- -- 5 BY THE DEFENDANT: 6 Todd William Day 7 8 BY THE PLAINTIFF: 9 T r Jose h M Cavanau h p . p g . 10 BY THE DEFENDANT: 11 12 Jane Day 13 BY THE PLAINTIFF: a 14 Pamela McCloskey 15 16 17 18 19 20 21 22 23 24 25 24 -- -- -- 31 37 -- -- 51 58 -- -- 60 63 -- -- ?r,r?+r?,t,rr t S:k ?d n$ « «9t k x} t x: 33_ {"" key 3 1 MS. URBANO: Your Honor -- 2 THE COURT: Just a minute. All right. This is 3 the matter of Shelley Marie Karichner vs. Todd William Day, 4 No. 763-97. This is one in a continuing series of hearings with 5 regard to the custody of the parties' minor child. 6 The Court would note that it is aware of the 7 continuing criminal investigation by the Pennsylvania State 8 Police. Mr. Brungard, I assume that your client understands that 9 in the context of these civil proceedings it may not be advisable 10 for him to testify. 11 MR. BRUNGARD: I would think that he is aware of 12 that. 13 THE COURT: Have you discussed that sufficiently 14 with him so that we can proceed? 15 MR. BRUNGARD: I believe that he is aware that 16 anything that he says here today -- if there is a subsequent 17 criminal case against him, anything that's said here today could 18 be used against him in that criminal case. 19 THE COURT: All right. Ms. Urbano, you can 20 proceed. 21 MS. URBANO: I would like to call Trooper Davis. 22 23 TROOPER KENNETH LEE DAVIS, having been called 24 as a witness, was duly sworn and testified as follows: 25 1 e a ¦ 4 1 DIRECT EXAMINATION 2 3 BY MS. URBANO: 4 Q. Would you please state your name? 5 A. Kenneth Lee Davis. 6 THE COURT: What's your first name? 7 THE WITNESS: Kenneth. 8 BY MS. URBANO: 9 Q. For whom and where are you employed? 10 A. Pennsylvania State Police, Montoursville, PA. 11 Q. What job do you perform? 12 A. At this particular time, Polygraph Examiner. 13 Q. How long have you been doing this? 14 A. Since '94. 15 Q. Are you familiar with Shelley Karichner and Todd 16 Day? 17 A. Yes, Ma'am. 18 Q. Did you administer a polygraph exam to Shelley 19 Karichn er in July of this year? 20 A. Yes. 21 Q. And what was the purpose that you did this? 22 A. To see if she was trying to, perhaps, frame her 23 ex-husband or boyfriend, whatever they were, about sexual 24 allegat ions against him or if she is involved herself with some 25 type of sexual conduct with her daughter. a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 Q. Did she pass or fail that exam? A. She passed. Q. Did you administer a polygraph exam to Mr. Day? A. Yes, I did. Q. And what was the purpose you administered that exam? A. To see if he had any sexual contact with his daughter. Q. And did he pass or fail? A. He failed. Q. Was Mr. Day given his Miranda rights? A. Prior to my speaking to him, yes, Ma'am. Q. And after giving him his Miranda rights, did you interview him? A. Yes, Ma'am. Q. Did he make any admissions as to any sexual contact with his daughter; and, if so, what did he tell you? A. After I scored the test, I believe -- MR. BRUNGARD: Excuse me. I can't hear you, air. A. After I scored the polygraph charts, I did do a post-test interview with Mr. Day, at which time Mr. Day did say it was possible that one of his fingers did slide up inside his daughter's vagina while giving -- or wiping her down after giving her a bath. MS. URBANO: I have no further questions. a i 6 1 THE COURT: Mr. Brungardl 2 MR. BRUNGARD: Thank you. 3 4 CROSS-EXAMINATION 5 6 BY MR. BRUNGARD: 7 Q. Trooper Davis, how many polygraphs have you given 8 since 1994? 9 A. I average about a hundred and fifty a year. 10 Q. So, we are talking over six hundred so far? 11 A. Yes, sir. 12 Q. And can you explain to me why Mr. Day and Miss 13 Karich ner weren't scheduled on the same day? 14 A. Due to my scheduling concerns. I cover a very 15 large area, and I expressed that to Mr. Day that I cover about 16 seven counties, not only local law enforcement but State Police 17 law en forcement; and there had been some schedule changes. Miss 18 Karich ner was given her test first and, subsequently, Mr. Day. 19 Q. My question is, Where was -- let me ask you this: 20 Where was Miss Karichner's given? 21 A. P.S.P., Lamar. 22 Q. And where was Mr. Day's test given? 23 A. P.S.P., Lamar. 24 Q. And you're saying you cover seven counties and it 25 11 made less sense to have them there at the same time, the same 7 1 place, the same day? 2 A. It would have been, probably a lot longer before I 3 could fit them both in at the same time. I gave other tests e 4 prior to Mrs. Karichner's test that particular day. There was a 5 test prior to her test. To expedite getting these tests done, we l ' ' 6 ater. s s up sooner and Mr. Day moved her 7 Q. All right. You're saying to expedite them. Can 8 you explain to me why Mr. Day and I both showed up at Lamar a 9 Barracks when he was originally scheduled to have his polygraph a 10 test -- nobody notified us that it wasn't going to happen -- and 11 you weren't there? a 12 A. If by some odd chance I do have to cancel a test 13 for some reason, like today I had to cancel one for Danville tifies k 14 person no P.D., I do make a phone call. Whether that des 15 the Trooper involved or the law enforcement involved, it's beyond 16 my control. 17 Q. Did you notify me? 18 A. No. I notified -- 19 Q. Did you notify Mr. Day? 20 A. -- the investigating officer that requested the r <s 21 r test. I do not work for you. , uestion was M d " h ' 22 , y q o. at you t suggest t Q. i didn t 23 Time was set aside to take Mr. Day's test, correct? ' ' 24 A. Correct. t= t ?S 25 Q. I was to be there; Mr. Day was to be there, ?? ya t r' n 3 y,? " a 8 1 correct? 2 A. Correct. 3 Q. You were to be there, correct? 4 A. Correct. 5 Q. And you weren't there, correct? 6 A. Correct. 7 Q. And you didn't notify me; did you? 8 A. No. I notified the Trooper involved. 9 Q. You didn't notify Mr. Day; did you? 10 A. No, I did not. 11 Q. And that would have expedited it if the test had 12 taken place that time? 13 A. Perhaps. 14 Q. Well, wouldn't it have been sooner than when it 15 actually was given? 16 A. Yes. 17 Q. All right. Now, isn't it fair to say, Trooper 18 Davis, that you went into Mr. Day's polygraph with a 19 predispositi on? 20 A. No. 21 Q. Was there ever any discussion that other than a -- 22 that you were going to have any conversation with Mr. Day other 23 than a polygraph? 24 A. No. 25 Q. So, even though Mr. Day was subject to an e 9 1 investigation and even though the agreement was that a polygraph 2 was to be administered and that was it, you went ahead after the 3 polygraph and questioned Mr. Day after the polygraph was 4 administered? 5 A. Correct; that's standard procedure. 6 Q. That wasn't the agreement; was it? 7 A. We asked Mr. Day if he wished to talk to us, and he 8 said yes. 9 Q. All right. Let me ask you this, Trooper Davis: 10 What questions did you ask him on the polygraph test? 11 A. If I am allowed to get my folder, which is in my 12 briefcase, I can give you the specific questions because my 13 report was sent to Trooper Cavanaugh, who is not here, to be 14 exact. 15 Q. Is it laying on the bench? 16 A. It's inside my briefcase, next to the chair. 17 MR. BRUNGARD: May I, Your Honor? 18 THE COURT: Well, the Sheriff can get it. 19 THE WITNESS: Thank you, air. 20 A. In this particular test, there are four relevant 21 questions that are utilized. 22 BY MR. BRUNGARD: 23 Q. How many questions are asked? 24 A. Ten, total. 25 Q. How many times were they asked? r r r r r r r a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 A. There's three full charts. The first chart, one time each; se cond chart, one time each; third chart, there are two questions that are asked twice. Q. And eight that are asked once? A. And the other ones are asked once. So, there's usually eleve n questions, and they are the same questions -- Q. Eleven questions or twelve questions? A. Eleven on the second -- or third chart. Q. All right. What are the ten questions asked the first time? Are they asked -- let's answer that question first. What are the ten questions that are asked first? A. The relevant questions are as follows -- which would be No. 3 in my test. Q. No. I want to know all the questions. A. Well, I will tell you that, air, but each one is in sequence of numbers. If you want to know a specific number which we follow on the test, I can give you that as a start. Q. What I would like you to do, Trooper, so that we are on the sa me page is go through the questions that you asked and give the response. A. All right, air. Relevant question: Are you attempting to withhold any information of doing anything sexual to Katie? THE REPORTER: I can't understand you. THE COURT: Why don't you just sit back away from t 11 1 the microphones and speak slowly? 2 BY MR. BRUNGARD: 3 Q. When you say "relevant question," Trooper, are you 4 saying that's the first question or is it the first question 5 that's relevant to you? 6 A. The first question that's relevant to the case. 7 Q. That's not what I'm asking. I'm asking you to go 8 through the lie detector test, the questions that are asked and I 9 want you to specifically state the specific question that is 10 asked. 11 A. Okay. First question: Is today Wednesday? Mr. 12 Day responded, Yes. 13 Is the month August? Mr. Day responded, yes. 14 Are you attempting to withhold any information 15 about doing anything sexual to Katie? Mr. Day responded, No. 16 Is the year 1998? Mr. Day responded, Yes. 17 Did you try and do anything sexual to Katie? Mr. 18 Day responded, No. 19 Before 1994 have you ever masturbated in a public 20 place? Mr. Day responded, No. 21 Are you now in the Commonwealth of Pennsylvania? 22 Mr. Day responded, Yes. 23 Did you ever insert your fingers inside of Katie's 24 vagina? Mr. Day responded, No. 25 Did you ever insert your penis into Katie's A a a 12 1 11 vagina? Mr. Day responded, No. 2 Before 1994, have you had sex with another male? 3 Mr. Day responded, No. 4 Q. All right. Now, of those questions that were asked 5 on -- I believe you indicated the first chart? 6 A. Correct. That would be Chart 1. 7 Q. As you're gauging the lie detector test, what, if 8 any, of those questions do you believe that he lied on? 9 A. It only comes out to be, perhaps, three different 10 indications for the test: Pass, No Deception Indicated; Fail, 11 Deception Indicated; and, third, Inconclusive. One cannot say 12 specifically what relevant question because they can all -- might 13 all be intertwined. Obviously, if someone placed a finger inside 14 the vagina, that could be a sexual act. If he is, perhaps, 15 trying to lie about it, that could be attempting to withhold 16 information. So, they are all intertwined. 17 Q. Well, that's not my question. 18 A. Well, I'm trying to answer your question, but I 19 cannot specifically say exactly what question or one question he 20 failed. It's either a pass or fail. 21 Q. And you can't look at the chart and there were ten 22 questions asked and you can't say which one he was either pass, 23 inconclusive, or fail? 24 A. You don't gauge one question and score one 25 question. You score the entire test. The entire test showed Mr. 1 s? J J 13 1 Day to being deceptive. 2 Q. Well, let me ask you this, Trooper Davis: Of those 3 ten questions on that first chart, could you say whether or not 4 Mr. Day was being deceptive or not and, if so, how? 5 A. It would be on the four relevant questions, which 6 are: Are you attempting to withhold information about doing 7 anything sexual to Katie? Did you try and do anything sexual to 8 Katie? Did you insert your fingers into Katie's vagina? Did you 9 insert your penis into Katie's vagina? 10 Q. I don't think you're -- I think I'm being clear. 11 Can you tell this Court and can you tell me whether your lie 12 detector test on that first chart tells you which question he is i 13 not answering truthfully? 14 A. It would be the four relevant questions I just 15 said. One does not score just one chart. You need three charts 16 to give us a total. 17 Q. I'm not -- I -- 18 A. I cannot say on Chart 1, question whatever, that he 19 is being deceptive. He is being scored over the whole totality 4 20 of all three charts combined to render your score. 21 THE COURT: Trooper, if you had stopped at the 22 completion of the first chart, would you have been able to reach 23 a conclusion with respect to the administration of the test based }6 24 on that first chart only? 25 THE WITNESS: No, Your Honor. You need a bare 14 1 minimum of two charts. They suggest the best ponnible is three 2 charts, which, I always use three charts. One chart I would not 3 have enough data to say, Pass, Fail. It would have to eventually 4 be inconclusive because I don't have the data. 5 MR. BRUNGARD: But -- ' 6 t want to THE COURT: Mr. Brungard, I don 7 unnecessarily limit your examination because it may be beneficial 8 to you in other contexts, but I can tell you that I'm only 9 interested in the statement that wan allegedly made by your 10 client that -- 11 MR. BRUNGARD: After thin happened. 12 THE COURT: -- possibly one of his fingers went 13 into the child. t -- i ' 14 ng to ge m go MR. BRUNGARD: I 15 THE COURT: I am not going to consider the 16 Trooper's opinion as to Pass or Fail. I am not sure that it's 17 admissible; and, no, I'm telling you I'm not going to consider 18 it. So, the more you delve into it, the more it gets into my 19 mind and the more difficult it becomes for me to put it out of my 20 mind; but you can go on an long an you want. 21 MR. BRUNGARD: Well, in thin Court stating that as a: 22 far as the results of the lie detector tests are concerned, the r,:a 23 Court in not going to consider them? w"A 24 THE COl1R'I': '1'hat'n correct. ; 25 MR. BRUNGARD: All right. ,. Fd 1s 1 BY MR BRUNGARD . : 2 Q. Then, let's go to after the examination, Trooper 3 Davis. You or somebody Mirandized Mr. Day; is that correct? 4 A. Before the polygraph test, before I even spoke wit 5 Mr. Day that day, he was Mirandized. 6 Q. Do you know who did that? 7 A. Myself. It was witnessed by Trooper Cavanaugh. 8 Q. All right. Now, after the lie detector test, did 9 ou and Troo er Cavanau h or did just ou t with M Da ? y p g y mee y r. 10 A. Myself. 11 Q. Nobody else? 12 A. No. 13 Q. All right. Now, when you met with Mr. Day after a 14 the polygraph test, do you have the list of questions that you a 15 asked? 16 A. Yes. I always have a list of questions I ask. a 17 Q. Do you have the list of questions that you asked 18 him that particular day? 19 A. Yes. Q 20 Q. Can you go over them one by one and what Mr. Day's 21 answer was? 22 A. Sure. (?] 23 THE COURT: This was after the third chart. 24 THE WITNESS: Well, they are the same questions. 25 BY MR. BRUNGARD: a a S 16 1 Q. No. We're not talking about the polygraph test. 2 We're talk ing about after the polygraph test. Didn't you testify 3 that you met with Mr. Day and asked him questions? 4 A. I did. I asked him why did he fail. 5 Q. Well, that'n what I'm trying to find out. 6 A. There's no written questions. I came in. I 7 explained to him -- I said, According to my results, you haven't 8 been 100 p ercent honont with me. You did not do well on the 9 test. You failed my test: and we got into a discussion and 10 that's whe re he mentioned it's possible that his finger did go up 11 inside hie daughter'n vagina. 12 Q. All right. Lot me ask you this -- 13 A. I have no structured form questions. I've got 14 informatio n from quentiono in the past. 15 Q. Do you have any structured form answers? 16 A. Other than him saying his finger slipped inside his 17 daughter'n vagina, no. 18 Q. Did you write down what he answered word for word? 19 A. Not verbatim, no, air. 20 Q. Would you at least tell the Court what questions 21 you -- can you tell the Court what questions you asked Mr. Day? 22 A. In there ever a possibility that his finger might 23 have been inside his daughter's vagina, and he said, Yes. 24 Q. Now, do you want to slow that down and do you want 25 to nay it again? 17 1 A. Is it ever possible that his finger might have been 2 inside of her vagina and he said yes after, perhaps, giving her a 3 bath and drying her off, his finger could have slipped inside her 4 vagina. 5 Q. But did he say anything further? Did he said 6 anything like -- but he doesn't remember Katie saying anything; 7 he doesn' t remember doing it? 8 A. Yes. I asked him. I said, Did she make her eyes 9 fli nch or say something? He said, No. I said, Do you recall 10 which han d or which finger? He said, No. 11 Q. So, we are talking about a possibility, like it's 12 possible that it could snow today? 13 A. Perhaps, but it's very, very odd. One would know 14 if their finger's inside a person's vagina or not, especially the 15 size of a child. 16 Q. You asked him what -- you asked him the question, 17 I i i s t poss ble that it could have -- that's your question? 18 A. Yes. 19 Q. And he said, it's possible when I was drying her 20 off. 21 A. Yes. r 22 Q. Did he say that he did it? a R ' 23 A. He said it's possible that his finger did go f3 . 24 inside. i 25 Q. You're missing my 1 4. Y t Ji? 1 ?x t *r7 ?t? O u 1e I A. No. He did not say exactly, Yes, I did. I asked 2 him, Do you recall which hand or finger? He said, No. 3 Q. Did he say -- in other words, you asked him a 4 question, Is it possible -- 5 A. Yes. 6 Q. And he answered, I guess it's possible? 7 A. Yes. Now, if I asked you, Did you ever dry your 8 daughter or some loved one off and your finger slide into her 9 vagina or anus, is that possib le? Do you recall ever having -- 10 Q. I don't -- did you ask him did he recall anything 11 like that happening? 12 A. Yes. 13 Q. And what did he say? 14 A. He says, No, but it's possible. 15 Q. He said, No, but it's possible; or he said, No? 16 A. It's possible. 17 Q. Did you ask him if Katie ever said anything or 18 flinched or -- 19 A. Yes -- 20 Q. -- complained? 21 A. -- and he said, No. So, I said, you know, being 22 her small size that she would probably feel something like that 23 going ins ide her; and he said, No. He doesn't recall her 24 flinching or saying something hurt. 25 Q. Did he ever say that he did? a A a 19 1 A. Initially, he said he didn't and then he said it's 2 possible. 3 Q. That's not my question. I'm asking -- Trooper 4 Davis, I'm asking you a very specific question. 5 A. Initially, he said he didn't. 6 Q. Did he ever say that he did? Did he ever say, I 7 definitely put my -- or I -- my fingers went inside her vagina. 8 Did he ever say that? 9 A. No. 10 Q. So, his response was an honest response in answer 11 to an "is it possible" question? 12 A. Not in my opinion. 13 Q. Well, did you ever ask him, Did he put his fingers 14 in her vagina? 15 A. Yes. 16 Q. And what did he say? 17 A. It's possible. 18 Q. No. That's not what you testified to earlier. 19 A. He says, No; but he says, It's also possible. 20 Q. No. Trooper, I'm not trying to trip you up. 21 MS. URBANO: Your Honor, I believe that -- 22 THE COURT: Do you have an objection? 23 MS. URBANO: I have an objection that it's a 24 leading question. 25 THE COURT: Overruled. Go on, Mr. Brungard. .y a 'k# A 1 ¦ ¦ 20 1 II BY MR. BRUNGARD: 2 Q. Trooper, Mr. Day is fighting for custody of his 3 daughter. 4 A. I understand that. 5 Q. Mr. Day is involved with, apparently, an underlying 6 criminal investigation. 7 A. Um-hum. 8 Q. Okay. With -- knowing that, I'm trying to ask you 9 specific questions and I'm trying to get specific answers as best 10 I can. it A. Okay. 12 Q. I'm not trying to trip you up. 13 A. I understand that. 14 Q. All I'm trying to find out is what questions did 15 you speci fically ask Mr. Day and what were his specific answers 16 to those specific questions. Can you tell the Court the specific 17 questions as best you can and the specific answers to those 18 specific questions as beat you can? 19 A. I asked him if there's any time he placed his 20 finger in side his daughter's vagina. 21 Q. And he said? 22 A. It's possible -- he said, No. Like, I asked, Did 23 you put any cream on her or anything? He said, No. Then, as the 24 conversation went on, he said it's possible his finger slipped 25 inside his daughter's vagina while drying her off. e e D a ¦ 21 1 Q. Based upon what question? 2 A. Dealing with the same last question. 3 Q. Trooper, do you have anything written down anywhere 4 that would tell this Court and tell us what the questions were 5 that you asked? 6 A. I don't have anything written down, sir, no. As I 7 told you, there's nothing structured. It's unstructured. 8 Q. And it's not recorded? 9 A. No. 10 Q. And the answers aren't recorded? 11 A. No. Perhaps, if you were there, we would have a 12 taped interview. 13 Q. I'm not going to get into that. I'm not going to 14 be baited into that argument. 15 So, we don't have any specific questions. We don't 16 have any specific answers that you can pinpoint, This is what was 17 written down; this is what was said. All we have got is a 18 general response to, Is it possible that he did -- that you might 19 have; and he said it's possible when he was drying her off? 20 A. Correct. 21 Q. But when you asked him the specific question, he 22 said, No. 23 A. Correct. Then, he went on to say later on, before 24 he denied doing anything to his daughter or not doing anything to 25 his daughter, he wanted to talk to his attorney, which we stopped M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 and I advised him he should contact you as soon as he was done. Q. How long did you question Mr. Day during the lie detector test? Roughly, how long did that take? A. From start to finish? Q. Yes -- just the lie detector portion. A. The test itself? Q. Yes. A. The specific test is only approximately a half hour; but before you get to that particular half hour when you're actual ly doing the test charts, there's a lot of discussion going on about medical background. I wanted to see if there's anything that's going to appear on the charts that would be abnormal due to som e either physiological response, such as a heart murmur or things like that or if he is not even capable of taking the test at all that day or ever able to. Q. And, then, after the test was performed, how long did you have a conversation with Mr. Day asking questions about -- how long were you with him after the test was over? A. To be totally exact? Q. Approximately. A. At least a good hour, I would say. p! Q. So, he was there for well over two hours. Is that "JiM a fair statement? A. Well, the test started at 16:35 when he was 'i Mirand ized; and, specifically, what time it was over, I don't t mss 1 23 1 have that written down. Trooper Cavanaugh would probably have 2 something like that. 3 Q. What time -- wasn't he supposed to be there at 4:30 4 that afternoon? 5 A. 16:30 is 4:30. It's 4:35, to be accurate. 6 Q. Okay, and you don't know what time it was -- 7 everything, the whole shooting match, was over? 8 A. I wouldn't know. I don't have that data with me. 9 I had an incident number for reporting to P.S.P. Lamar and that 10 would have my finish time on it. 11 Q. Finish time for the test or finish time for the 12 whole thing? 13 A. For the whole thing. I have to log where i have 14 been accordingly. 15 Q. All right. Let me ask you: So, he was there for 16 at least two hours. Is that a fair statement? 17 A. Oh, yes. 18 Q. Three? 19 A. Possible. 20 Q. And, finally, he said, If you're going to be asking 21 me any more questions, I probably should talk to an attorney? 22 A. Yes. 23 Q. He voluntarily showed up there? 24 A. Yes. 25 Q. He didn't have to be there? 1 1 24 A . No. 2 MR. BRUNGARD: Nothing further. 3 MS. URBANO: I have no further questions. 4 THE COURT: Thank you. 5 THE WITNESS: Thank you. 6 MR. BRUNGARD: Thank you, Trooper. 7 MS. URBANO: Your Honor, I would like to ask if 8 this witness can be excused. 9 THE COURT: Yes. 10 Well, Mr. Brungard, at this point does your client 11 want to testify? 12 MR. BRUNGARD: Yes. I believe so. a 13 THE COURT: Call him. 14 MR. BRUNGARD: I'll call Todd Day. 15 16 TODD WILLIAM DAY, having been called as a a 17 it hi b w ness on s own ehalf, was duly sworn and testified 18 as follows: 19 20 DIRECT EXAMINATION 21 22 BY MR. BRUNGARD: 23 Q. Mr. Day, you have heard the discussion we have had 24 previously about the fact that there's a pending criminal 25 investigation. Do you understand that? 1 a ¦ M ¦ 25 1 A. Yes. 2 Q. Are you aware that anything you say today, even 3 though you mi ght think it's favorable to you, could potentially 4 be turned aga inst you later on? 5 A. Yes, I do. 6 Q. Are you still willing to testify? 7 A. Yes, I am. 8 Q. Do you want to testify? 9 A. Yes. 10 Q. If I told you that it would probably be a more 11 intelligent move not to testify until the pending criminal 12 investigation is over and charges are filed or not filed, would 13 that persuade you not to testify? 14 A. Yes. 15 Q. So, if I told you not to testify because I don't 16 think it's a wise move until this underlying criminal 17 investigation is over, what is your choice? 18 A. Not to testify. 19 Q. Do you understand by not testifying the chances are 20 very good -- I would suggest excellent -- that the Judge is 21 probably going to keep you from seeing your daughter for a little 22 while? 23 A. If that's case, I'll testify. 24 Q. You'll testify because you want to see your 25 daughter? e 26 1 A. That's correct. 2 Q. And you're willing to undergo the risk of whatever 3 you're saying here today being used against you later? 4 A. Yes. 5 Q. All right. You heard Trooper Davis testify here 6 today, correct? 7 A. Yes. 8 Q. Do you know about what time you got there that day? 9 A. Well, I got there about a quarter of 4:00. 10 Q. And is it fair to say that neither you nor I were 11 contacted when we showed up the previous time for a test? 12 A. That's correct. 13 Q. And we both showed up at the State Police Barracks 14 and Trooper Davis wasn't there? 15 A. No, he wasn't. 16 Q. Now, on this particular day, was I able to be 17 there? 18 A. Pardon me? 19 Q. on the day that you had the lie detector teat, was 20 I able to be there? 21 A. No. 22 Q. And you wanted to go ahead with it anyhow? 23 A. Yes. 24 Q. After the lie detector test was over, what did 25 11 Trooper Davis tell you? What was his comments to you after the 9 27 test was over, if you can recall? 2 A. After the test was over, i had to go out in the 3 waiting room for about ten minutes. He said he'd be out to get 4 me, it would take about ten minutes. He come out and got me, 5 went ba ck into the room, and he said, You failed the test. 6 Q. Did he say anything else? 7 A. i asked him why, what questions? He says, I'm not 8 allowed to give you that. It's either Pass/Fail. 9 Q. He couldn't tell you which questions you failed? 10 A. No. He said it's a pass or fail, and I asked him 11 why he -- he proceeded to go on saying that he felt that I did do 12 it, and I asked him why. 13 Q. And what did he say? 14 A. He said just the way my attitude was. 15 Q. The way your attitude was? 16 A. Yes. 17 Q. Did he explain? 18 A. No, he didn't. 19 Q. All right. Then, what, if anything, took place? 20 Did he ask you any other questions? 21 A. Yes. He proceeded to ask me if I -- if I ever did 22 touch h er down there for any specific reason; and i said the only 23 time I did was to put cream on or to dry her off. 24 Q. Dry her off after what? 25 A. After a bath. [0 28 1 Q. Did you say that or did you just say, To dry her 2 off? 3 A. I said when I dried her off -- 4 Q. Okay. 5 A. -- because sometimes she needs help down there to 6 make sure she's dried off. 7 Q. Okay, and you have testified previously that she 8 has had i nfections. So, she has had to have cream down there 9 on -- 10 A. Yes. 11 Q. -- different occasions? 12 A. Yes. 13 Q. That's not an uncommon occurrence, correct? 14 A. No. 15 Q. Now, what -- do you recall the questions that 16 Trooper Davis -- or can you recall the questions that Trooper 17 Davis ask ed you during that interview -- and I'm not talking 18 about the lie detector. I'm talking about afterwards. Did he 19 ask you whether you had ever put your fingers in there? 20 A. Yes. He asked me if I had ever put my fingers or 21 anything -- foreign object in there; and I said, No, I did not. 22 He asked me if it was possible; and I said, Yeah, it is 23 possible. Anytime it's down there, it's possible for anybody. 24 Q. Did he ask you if Katie said -- or did Katie 25 complain or anything like that? e 29 1 A. He asked me if Katie jerked around or complained 2 about being sore; and I said, No. 3 Q. Did he ask you anything else? 4 A. Not pertaining to that instance. 5 Q. What did he ask you? 6 A. He said -- he basically told me that if I would 7 confess to doing anything that the D.A. would probably overlook 8 it and it wouldn't be that much of a serious crime. 9 Q. Was he trying to convince you to confess to 10 something? 11 A. Yes, in my mind, because he, basically, said he 12 does feel I'm guilty. He said in court he would suggest to the 13 Judge to t hrow the book at me. 14 Q. Now, you have heard him testify here today. 15 A. Yes. 16 Q. You have heard his roundabout way of doing things. 17 A. (Witness nods head affirmatively.) 18 Q. Correct? 19 A. Yes. 20 Q. Is that the way he was when he asked you those 21 questions? 22 A. He was trying to ask questions here, there to get_ 23 me to say, Yes, I did do it. 24 Q. Did you do it? 25 A. No, I did not. t A a A rl r 30 1 Q. Have you ever done it? 2 A. No, I have not. 3 Q. Hav e you ever recalled where there was ever any 4 flinching or any type of complaint by Katie? 5 A. No. 6 MR. BRUNGARD: Nothing further. 7 THE COURT: Ms. Urbano? 8 MS. URBANO: I have no questions of this witness. 9 THE COURT: Mr. Day, what's your work schedule now? 10 THE WITNESS: Same as it was. You mean this 11 weekend or -- 12 THE COURT: Well, how frequently -- 13 THE WITNESS: This is my long weekend. 14 THE COURT: How frequently do you get long 15 weekends? 16 THE WITNESS: One weekend a month. 17 MR. BRUNGARD: One every four weeks? 18 THE WITNESS: Right now this is my long weekend. 19 It will be twenty -eight days from Monday. I go back to work 20 Tuesday, and it will be twenty-eight days until I get another 21 long weekend. 22 THE COURT: And by a long weekend, you mean where 23 Saturday and Sunday, you're off both days? 24 THE WITNESS: No. It's Friday, Saturday, Sunday, 25 Monday. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 THE COURT: How often during the month are you off Saturday and Sunday? THE WITNESS: Never. THE COURT: Except for once? THE WITNESS: Just one long weekend. THE COURT: Are you ever off Sunday and Monday? THE WITNESS: No. It's always Tuesday or Wednesday and Thursday and Friday. MR. BRUNGARD: This child isn't in school yet, Your I Honor. THE COURT: I understand that. All right. You may step down. MR. BRUNGARD: Your Honor, I note that we have Dennis Wilson and Pam McCloskey here. THE COURT: Did you want to call them? MS. URBANO: Your Honor, Trooper Cavanaugh is also here, I believe. THE COURT: Were you going to call him? MS. URBANO: I would like to. THE COURT: Go ahead. MS. URBANO: Trooper Cavanaugh. TROOPER JOSEPH M. CAVANAUGH, having been called as a witness, was duly sworn and testified as follows: a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 DIRECT EXAMINATION BY MS. URBANO: Q. Would you please state your name? A. Trooper Joseph M. Cavanaugh. Q. For whom and where are you employed? A. I'm employed by the Pennsylvania State Police, Lamar Barracks. Q. Are you familiar with Shelley Karichner, Todd Day, and Katie Day? A. Yes, I am. Q. Would you describe the contact you have had with each of those people? A. Shelley is Katie Day's mother -- Shelley Karichner is Katie Day's mother. I have had interviews with her with regards to allegations that were made by Katie against her father, Todd Day. Katie has indicated at this point that she has been vaginally penetrated and it did hurt, and she described other things, which, because of her age, are somewhat hard to understand what she is doing with dolls. Mr. Day is her father from my understanding. He is claiming that he has no actual knowledge of how she could have become injured. Q. What specific objects did Katie describe to you that her father used to penetrate her? q q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 MR. BRUNGARD: Objection. THE COURT: What's the -- MR. BRUNGARD: I don't know that that's -- he has testified to that. THE COURT: Overruled. A. She made some indication of a doll's hand and a balloon. That was fairly vague as to how they were used. She described one item as being a stick. She indicated by picking out a marker that it was a flesh colored stick. She described it as having black cobwebs on the one end and white pee on the other and she did indicate that that was part of her father. She also related to a bar of soap was used on her -- and fingers. BY MS. URBANO: Q. Did she describe any -- that you recall, any other physical contact that would not have been sexual contact but considered physical violence in some way against her? A. She described choking and some verbal abuse. Q. What type of verbal abuse? A. Swearing, being told she is stupid. Q. Did Katie describe her father sufficiently enough in your mind to know that she was talking about Todd Day? A. Yes. Q. In the course of your investigation, did you have the opportunity to interview any other individuals besides Mr. Day, Miss Karichner, and Katie? hl J --7= 34 1 A. Yes. I spoke to the neighbors who had lived next 2 to them. 3 MR. BRUNGARD: Next to who? 4 THE WITNESS: Mr. Day and Ms. Karichner up -- well, 5 actually, prior to Katie's birth and up through her life in the 6 Mill Hall area. 7 BY MS. URBANO: 8 Q. And do you recall how many neighbors you spoke to? 9 A. I believe it was four. 10 Q. And did you record any of their interviews? 11 A. Yes, I did have a recorded interview. 12 Q. And did these neighbors confirm -- 13 MR. BRUNGARD: Objection to whatever the neighbors 14 said. 15 THE COURT: Sustained. 16 BY MS. URBANO: 17 Q. Have you had an opportunity to review statements 18 that Katie had made to health care providers before you had an 19 opportunit y to interview her? 20 A. I was given information from the emergency medical 21 treatment facilities and Doctor Greenwald's office. 22 Q. Did you find Katie to be believable? 23 A. Yes. 24 Q. Do you have physical evidence that Katie was, in 25 11 fact, penetrated and sexually abused? 35 1 A D ' . octor Greenwald s office provided a medical report 1 2 indicating a specific description of the injuries. 3 Q. Did you determine that Todd Day had access to 4 Katie? 5 A. Yes. 6 Q. In what stage is your investigation now? 7 A. It's basically at the conclusion where charges need 8 to be filed and the D.A. needs to approve them. 9 Q A d i . n are you n the process of filing those charges? a 10 A. Yes. They are being prepared. 11 Q. Do you have concerns about Mr. Day having access to 12 Katie at this time in your investigation? 13 A. Yes. 14 Q. Is it something -- would you be asking that she not a 15 have contact with him? 16 MR. BRUNGARD: Objection; it's irrelevant. 17 THE COURT Sustai d : ne . 18 BY MS. URBANO: 19 Q. Did you have an opportunity to interview or have 20 any contact with Mr. Day's mother? 21 A. Yes, I did. 22 Q. Would you have any concerns about the grandmother 23 having contact with Katie? 24 MR. BRUNGARD: Objection. It's too vague, Your 25 Honor. If she wants to lay a foundation, be more specific, I e t J 36 1 can -- 2 THE COURT: Well, that's what I was thinking. I'll 3 sustain the objection to that question. If you want to establish 4 some sort of foundation -- 5 BY MS. URBANO: 6 Q. Was -- first of all, why don't tell us some of the 7 contact you have had with Mrs. Day? 8 A. Mrs. Day brought Katie in for an interview when 9 Katie was to be with her for supervised visits with Mr. Day, and 10 she came in on her own sometime after that. 11 Q. Did you have an opportunity to discuss this 12 investigation with Mrs. Day? 13 A. Yes, I did. 14 Q. In your opinion as an investigator, what type of 15 cooperation did you have with Mrs. Day? 16 A. Mrs. Day brought Katie in for the interview. She, 17 basically, said she had a hard time believing that her son had 18 done what was alleged and she did appear to try to get Katie to 19 make statements. During the interview, there was mention of 20 going for ice cream. She also stopped in later on and spoke to 21 me briefly about something that was indicated on the court report 22 about a three-hour interview and asked me to check with Katie 23 about a bar of soap. When I asked her what that had to -- where 24 that may go, she said, you know, just to ask Katie about the bar 25 of soap. a a a 37 1 Q. Are you concerned about the fact that Mrs. Day 2 indicated that she did not believe that her son had, in fact, 3 done the things that Katie had said he had done? 4 MR. BRUNGARD: Objection. 5 THE COURT: Sustained. 6 MS. URBANO: I have no further questions for this 7 witness. 8 THE COURT: Mr. Brungardl 9 MR. BRUNGARD: Thank you. 10 11 CROSS-EXAMINATION 12 13 BY MR. BRUNGARD: 14 Q. Trooper Cavanaugh, when did you first get involved 15 in this investigation? 16 A. When I received a CY-104 form from Clinton County 17 Children and Youth. 18 Q. Do you know approximately when that was? 19 A. No. 20 Q. Three months ago, four months ago, five months ago? 21 A. Without actually having the form, I can't say. 22 Q. who was the first person that you spoke to when you 23 started t his investigation? 24 A. It would have been Dennis Wilson. 25 Q. And after you spoke to Dennis Wilson, then, who did 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you speak to? A. I contacted Ms. Karichner to try to set up an appointment to meet with her and her daughter. Q. All right. So that was on the phone, correct? A. Yes. Q. And, then, when you met with Mr. Wilson, was that face to face or was that on the phone also? A. It's usually by phone. I can't say for sure. Q. So, you spoke to Miss Karichner on the phone and, then, what was the next thing -- who was the next person you talked to, either by phone or in person? A. Miss Karichner came to the Barracks with Katie and her mother was with her at that time. They were going to be dropping Katie off for visitation. Q. So, you spoke to Shelley Karichner and Katie that day? A. Q. A. Q. briefly? A. briefly. Q- A. When they came to the Barracks. And Katie's maternal grandmother? Yes, briefly. Did -- which one was briefly or was it all of them Her mother -- Katie's -- Shelley's mother was All right Yes. Then, did you talk to Katie that day? 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 Q. Extensively or briefly? A. We were together for a time. Katie would talk a little and play and draw. Q. Who was -- who -- when you were talking to Katie, who were you talking -- who else was present then? A. Her mother. Q. Anybody else? A. Initially, no. Her -- Katie's grandmother -- maternal grandmother had come in near the end when i was just talking to Miss Karichner. Q. All right. Now, Trooper, what questions, if any, would you have asked Katie that particular day? A. what had happened, what she recalled. Q. Well, I mean, that's being pretty vague. I mean, did you specifically say -- what questions did you specifically ask Katie? A. Specific questions or just general questions? Basically, what i am indicating, what had happened, what she recalled. Q. Well, if you asked -- if you came to me or the Judge or anybody and just said, What happened, or what do you recall, I wouldn't have a clue what you're talking about. So, what I'm trying to find out is what did you say to Katie that would have got her talking about some type of sexual contact or non-contact? A a 40 1 A. How she was hurt and what she called her anatomical 2 parts. 3 Q. How did you lead up to that? 4 A. I usually start by establishing the child's 5 credibility, long-term memory, difference between the truth and a 6 lie, see basi cally if they can remember and if they know there's 7 a consequence for lying. Once they do that, then we ask them to e identify body parts. 9 Q. What do you use? 10 A. It's -- 11 Q. Do you have some type of doll? 12 A. No. It's just a generic drawing. 13 Q. You ask her to draw something? 14 A. No, just -- you point to, like, the hands and you 15 ask her what those are and they give you whatever they call them. 16 Q. What are you pointing at? Are you pointing at a 17 drawing? 18 A. At the picture, yes. 19 Q. Whose picture? 20 A. It's just a drawing of a body shape. 21 Q. Who made the drawing? 22 A. I received them in training. 23 Q. So, it's a preprinted picture? 24 A. Yes. 25 Q. Is it of a male; is it of a female; or is it of a 41 1 II child? 2 A. They are child-type figures, male and female; 3 female indicated by hair. That's about it. 4 Q. Is there anything on those figures dealing with 5 sexual organs? 6 A. No. 7 Q. All right. So, we have got a -- are they naked or, a at leas t, are there any clothes on? 9 A. They don't appear to be dressed, no. They're like 10 gingerbread men. 11 Q. Okay. So, you ask a question about what is this; 12 what is this; what is this? 13 A. Yes. 14 Q. Like hands, feet, things like that? 15 A. Yes. 16 Q. And then what? 17 A. You ask what they refer to their -- what is la general ly referred to as their private areas, their chest, their 19 bottom, their genitalia. 20 Q. Did she point to her chest? 21 A. No. 22 Q. Did she point to the child's chest? 23 A. I would point with a pencil and ask them what they 24 called the area. 25 Q. And what was her response when you pointed to her 1 A ,A e A m m A a d 42 1 chest area? 2 A. That -- I don't have the report. I don't know. 3 Q. All right. When you pointed to her vaginal area, 4 what was her response? 5 A. She called that her bad place. 6 Q. Her bad place? 7 A. Um-hum. 8 Q. Okay. Then, can you tell the Court as best you can 9 recall the specific questions you would have asked her concerning 10 her bad place? 11 A. Why she would call it that. 12 Q. And what did she say? 13 A. I don't recall. I don't have that report. 14 Q. Then, what did you ask her? 15 A. If anyone hurt her there. 16 Q. And what did she say? 17 A. She indicated her father had. is Q. What did she say? Did she say, My daddy did; did 19 she say, My father did; what did she say? 20 A. Verbatim, I don't recall. I do not have the 21 report. 22 Q. You don't have the report or you don't write these 23 things down and you just write a general report? 24 A. It's recorded, what she said. 25 Q. So, you have a recorded interview with this child? 43 1 A. They are not taped, no. I write down what they 2 say. t the h 3 Q, y a When you say "recorded," you write down w 4 say? 5 A. Yea. 6 Q. You knew you were being called here today? 7 A. Yes. 8 Q. And you don't have that report with you? 9 A. It was not subpoenaed through the Commissioner's 10 Office. I cannot bring it. 11 Q. So, everything that you are recalling and you're a 12 testifying to today is based upon reports that aren't here, that 13 would be more specific, and we are dealing with generalities? 14 A. Yea. It's, basically, my memory. 15 Q. All right. After you met with Shelley and her 16 mother -- Shelley's mother and the child, who did you meet with 17 next? 18 A. I spoke with Mr. Day. ? D 19 Q. ay Was anybody with Mr. 20 A. When I spoke to him, you were. And did he admit or not admit to doing anything 21 Q. ? 22 wrong 23 A. He denied doing anything wrong. J Q All right. Then, who, if anybody, did you meet 24 . 25 with? y J ,'yar tzY`+ 44 1 A I h d . t en starte to interview neighbors -- the 2 previous neighbors. 3 Q. When, if at all, did you talk to Mr. Day's mom and 4 Katie? 5 A. They had come in -- Mr. Day had come in with his 6 mother and Katie. As to the exact order when they fall in the 7 interviews, I don't recall. 8 Q. So, there was an interview where Mr. Day, Katie, 9 and -- 10 A. Mr. Day stayed in the lobby. it Q. All right. q 12 A. Katie and her paternal grandmother had come back. 13 Q. All right, and when they came in, you talked to 14 Katie? 15 A. Yes. 16 Q. You talked to Mrs. Day? 17 A Yes . . 18 Q. And she brought the child in voluntarily? 19 A. Yes. 20 Q. Did Katie say that her dad did it or say anybody 21 else did it or say nobody did? 22 A. Katie was insisting that she had injured herself. 23 Q. Did she say her dad did or didn't do it at that 24 point? 25 A. She said he did not, that she had done it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 Q. All right. You said that Mrs. Day -- I'm talking about Toddle mother -- came in sometime later after that? A. Yes. Q. Did she call you and say she was coming in? Did she call to make sure you were there? A. I believe she did call. Q. To confirm that you were there? A. Yes. Q. She wanted to talk to you? A. Yes. Q. And you said, Fine; come on up? A. Yes. Q. So, she came up. You talked to her briefly or for an extended period of time? A. I would consider it briefly. It wasn't hours. Q. And she asked you to find out or do some investigation about a bar of soap? A. Yes. Q. Did you? A. Yes. I asked Katie about the bar of soap. Q. And what did Katie say? A. She said her father had stuck the bar of soap in her vagina. Q. Her father did? A. Yes. '.Sd ¦ 46 1 Q. Was Mrs. Day, Todd's mother, there at that time? 2 A. No. 3 Q. So, you spoke to Katie alone? 4 A. Yes. 5 Q. Did she describe the bar of soap? 6 A. No. She just said a bar of soap and that it hurt. 7 Q. Did she say when that happened? 8 A. No. 9 Q. Now, did you ask Mrs. Day what Katie had told her 10 about the bar of soap? 11 A. She would not say when I initially asked her. I 12 asked and she said, Just ask her about a bar of soap. 13 Q. Did you tell Mrs. Day what Katie said? 14 A. No. 15 Q. So, when Mrs. Day and Katie left -- 16 A. Katie was asked about the bar of soap when her 17 mother had brought her in for a polygraph. Ms. Karichner had 18 taken a po lygraph test and had brought Katie along. 19 Q. All right. So, when Mrs. Day (sic.) came in for 20 the polygraph, Katie was there also. 21 A. Mrs. Day did not -- 22 Q. I'm sorry. When Mrs. Karichner came in for the 23 polygraph, Katie was there that time also? 24 A. Yes. 25 Q. And you interviewed her again? r 1 r 1 r r r r r r r r r r 47 1 A. Yes. 2 Q. How many times did you interview Katie? 3 A. The first time I spoke to her with Miss Karichner 4 and then I spoke to her with her paternal grandmother, and then I 5 spoke to h er alone. 6 Q. Have you spoken to her again since? 7 A. No. 8 Q. So, you have spoken to her three times? 9 A. Yes. 10 Q. And -- 11 A. The first two times she would not go back alone. 12 The third time, she went bark on her own. 13 Q. Excuse me? 14 A. The first two interviews, she would not talk to me 15 alone. 16 Q. All right. 17 A. The third interview, she did talk to me alone. 18 Q. All right. Let's deal with the third interview. 19 That would have been the day that Mrs. Karichner had the 20 polygraph. 21 A. Yes. 22 Q. How long did you question her that day? 23 A. I can't tell time. There's no clock in the room, 24 and I don' t check the times. 25 Q. Well, I mean, was it an extended period of time or A A 1 1 A A a a J 48 1 was it -- 2 A. It was fairly brief. 3 Q. And the third time, what did Katie say? 4 A. She had indicated she had two fathers, a good daddy 5 and a bad daddy. The good daddy was going to protect her and 6 make sure nobody hurt her. The bad daddy was walking, talking, 7 Doctor Todd and he looked exactly like her father and he's the 8 one who hurts her. 9 Q. And, so, she said she had a good daddy. Did she 10 say who the good daddy was? 11 A. The good daddy was Todd Day. 12 Q. And the bad daddy? 13 A. Was walking, talking Doctor Todd who is -- who 14 looks like Todd Day. 15 Q. So, do you believe -- did you take from that she 16 was talking about the same person? 17 A. Yes. 18 Q. You have reports for all of these interviews? 19 A. Yes. They are marked for the date. 20 Q. Trooper Cavanaugh, when you do these interviews and 21 you say they are recorded, they are not tape recorded; are they? 22 A. No. 23 Q. So, when they are recorded, they are recorded based 24 upon -- do you write down everything you say, every question and 25 every answer or do you just write down your general -- iasd e a a r ¦ 49 1 A. I write down the answers the children -- 2 Q. But you don't -- 3 A. -- give or what they say to me. 4 Q. -- write down the question? 5 A. No. 6 Q. So, depending upon how the question is worded would 7 control how the answer is given? 8 A. It might. It would depend on the child. 9 Q. It would depend on the adult if you asked questions 10 to an adult; would it not? it A. Yes. 12 Q. But you don't write down the questions; you just 13 write down t he answers? 14 A. Yes. I just put it into a general statement. 15 Q. Have you talked to anybody else other than the 16 neighbors and the interviews you have just mentioned and I assume 17 you probably have consulted with Trooper Davis? 18 A. No. Everyone that I have mentioned is who I have 19 spoken to. 20 Q. You haven't talked to Doctor Greenwald? 21 A. No, just received written correspondence from his 22 office. 23 Q. The written correspondence being the stuff that 24 would have b een prepared several months ago? 25 A. Yes, and then a follow-up letter, where his office e 0 ¦ u so 1 II was indicating they were more than willing to participate in any 2 prosecution. 3 Q. But you haven't talked to Doctor Greenwald 4 personally? 5 A. No, I have not. 6 Q. Have you talked to any of those medical personnel 7 personally? 8 A. No, I have not. 9 MR. BRUNGARD: Nothing further. 10 MS. URBANO: I have no further questions. 11 THE COURT: Okay. Thank you, Trooper.. 12 MS. URBANO: Your Honor, I would ask for this 13 witness to be excused. 14 THE COURT: If he wants to leave, he can. 15 MR. BRUNGARD: Thank you, Trooper. 16 THE COURT: Anything else? 17 MS. URBANO: Only that Pam McCloskey is here and 18 available, although she has prepared a written report. 19 THE COURT: Do you have a copy of that report, Mr. 20 Brungard? 21 MR. BRUNGARD: To tell you the truth, I'm not 22 sure. I thought I had seen one report where it was inconclusive. 23 THE COURT: You're shown as being copied on both 24 reports. One is dated July 13, 1998, and the second is -- that's - 25 II pretty much Ms. McCloskey's own report and the second is 1 1 51 1 August 11, 1998, and that is, essentially, Doctor Greenwald's 2 report and various hospital emergency -- 3 MR. BRUNGARD: Well, the report I'm looking at 4 right now is dated June 24th. 5 MS. URBANO: He is looking at Ms. McCloskey's 6 report right now. 7 THE COURT: I have two reports: One, July 13th; 8 one, August 11th; and it indicates you received copies of both of 9 them. 10 MR. BRUNGARD: May I see those, Your Honor? May I 11 approach? 12 (Whereupon, Mr. Brungard examined the reports 13 the Court was referring to at this time.) 14 MR. BRUNGARD: There is actually -- my recollection 15 is that, actually, the August 11th letter, Your Honor, would have 16 been attaching documents as opposed to additional testimony by 17 Ms. McCloskey. 18 THE COURT: That's correct. All right. Mr. 19 Brungard, do you have any other testimony? 20 MR. BRUNGARD: Yes. I'd call Mrs. Day. 21 22 JANE DAY, having been called as a witness, was 23 duly sworn and testified as follows: 24 25 DIRECT EXAMINATION e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 BY MR. BRUNGARD: Q. Would you state your name? A. Jane Day. Q. Your address? A. 130 West Keller Street, Castanea, PA. Q. And everybody knows that you're the paternal grandmother of Katie, correct? A. I think so. Q. Now, you heard Trooper Cavanaugh testify that you brought Katie in for an interview. Were you present for that initial interview? A. Yes. Q. And did Katie say during that interview that your son had done anything to her? A. No. Q. Now, you also came in a second time, Trooper Cavanaugh indicated, on your own. I believe he then testified that you had called ahead to see if he was there and he said, come on in. A. Yes. Q. So, you went up to talk to him, correct? A. Right. Q. And you took Katie with you. r. A. No. li T r 53 1 Q. You didn't? 2 A. Not that time, no. 3 Q. You just -- 4 A. I only took her the one time because I -- well, how 5 I got to even talk to Trooper Cavanaugh was because Katie would 6 tell me she was up to talk to the police and she doesn't like the 7 police, she says; and I said, Oh. So, I called to see how many 8 times that Katie has been talking to the police and I think he 9 stated three times. That's -- that's -- I think that's what he 10 said; and I said, Well, if you can be talking to her with her 11 mother and grandmother, which he stated, I said, Why can't I have 12 a right to come with Katie myself? And he said, Oh, you can. 13 So, he told me when to come up with Katie. That's when I went up 14 with Katie, and that's when I was in with her. That's the time 15 he said; but, then, he said to me, he said, Say something to 16 Katie about what happened. Maybe she'll tell you. Well -- 17 Q. So, after the interview that he had with Katie when 18 you were there, Trooper Cavanaugh suggested at the end of the 19 interview -- 20 A. Katie didn't hear this. Katie didn't hear him tell 21 me this. 22 Q. So, after the interview with Katie when you were 23 there, Katie was in another room or did Trooper Cavanaugh call 24 you or how did he -- what suggestion did he make? 25 A. As soon as he opened the door, she took off and 54 1 went out through the room that we were in and just went out into 2 the -- way out -- out through the hall. 3 Q. okay. 4 A. Where he had us was at this end and she just took 5 off. 6 Q. Okay. 7 A. Todd was out there. He was out there. I stopped 8 her because I said, You can't -- She can't be out there with her 9 dad; and he said, I understand that. 10 Q. Okay. Then, there was a door separating where 11 her -- before she could go out into the lobby, right? 12 A. Yes. 13 Q. So, while you were at the other end of the 14 building, what did Trooper Cavanaugh suggest to you? 15 A. That if she -- Katie would tell me anything about 16 the thing that that would be fine, if I could ask her questions. 17 I said, I don't like to ask Katie questions about anything 18 because I think she is confused enough about everything that is 19 going on with her. I said, if she voluntarily says something, I 20 said, I listen to her. 21 Q. Okay. Did -- at some point did Katie say something 22 to you after that day? 23 A. Yes. 24 Q. Now, what were the circumstances surrounding that? 25 Did you ask her questions or did she -- 55 1 A. No. 2 Q. -- blurt it out or what happened? 3 A. No. 4 Q. Where were you at? 5 A. We were at the house, and Katie just said -- she 6 said -- 7 MS. URBANO: Objection, Your Honor, to the hearsay. 8 THE COURT: Overruled. 9 BY MR. BRUNGARD: 10 Q. Go ahead. You can say what Katie said. 11 A. Katie says my daddy isn't a bad daddy; and I said, 12 Oh, I don' t think your daddy is a bad daddy either; and she says, 13 But my mommy says he is bad all the time. I said, Well, that's 14 okay; and she said, We played a joke on Daddy; and I said, You 15 did play a joke on Daddy? Mommy and I did, she says; and I said, 16 Oh, I says , What joke did you play on Daddy; and she said, My 17 Mommy took a cake of soap and put some black stuff and I don't 18 know what that black stuff was and stuck it up in my bad, bad 19 thing, she says; and I said, Did it hurt? And she said, oh, it 20 hurt bad; but she said, Mommy said this is a joke on Daddy; and 21 he said -- Dave said, Don't do that, she said, We just got 22 together - - 23 Q. When was this conversation -- 24 A. -- and I said, Was Dave there when she did this; 25 and he sai d -- Katie says, Yes. 56 1 Q. When did this conversation take place; a month ago; 2 two months ago? 3 A. That's when I went up to Cavanaugh and asked him to 4 ask her about a cake of soap and he said, Why; and I said, I'm 5 not going to tell you why. I said, you ask Katie yourself and 6 see what Katie says. 7 Q. I have a note or a message that indicates 8 July 13th. Would that be about the time that this conversation 9 with Katie would have taken place? 10 A. It could be. I have -- I have it wrote down at the 11 house. I have it wrote down exactly when it was. 12 Q. All right, and, so, when Katie told you that, 13 that's when you contacted Trooper Cavanaugh? 14 A. Trooper Cavanaugh. I went up -- I went up to 15 Trooper Cavanaugh and asked him if he would please ask Katie when 16 he has a conversation with her -- well, in fact, she -- Shelley 17 was coming in for her test that day; and he said -- and I said, 18 Ask her -- Katie about a cake of soap; and he said, Why; and I 19 said, You ask Katie and let Katie tell you. 20 Q. All right. So, Katie wasn't with you when you went 21 to see Trooper Cavanaugh -- 22 A. No. 23 Q. -- about the soap incident? 24 A. Shelley -- she was with Shelley. We got her after 25 Shelley got the polygraph. Shelley brought her over to the a ¦ 57 1 II house. 2 THE COURT: Mr. Brungard, that's the third time you 3 have established that fact. 4 BY MR. BRUNGARD: 5 0. Now, approximately a week to ten days later, did 6 Katie say anything about Mommy and her fingers? 7 A. She -- she -- not -- no. I don't recall her saying 8 about her mommy's fingers. She said her finger. She said if she 9 put her finger up there. She said, I put my finger up there. 10 Q. What prompts these conversations? How does this 11 subject come up? 12 A. She just says it. She'll just say, My daddy is not 13 a bad daddy; and I'll say, No, your daddy is not a bad daddy; 14 and, then, she'll tell me these things. There's no 15 conversation. She just -- that's -- Katie just says it. 16 Q. Its weighing on her mind. Does it appear to be 17 weighing on her mind? 18 A. Well, it doesn't seem to be until she brings it up; 19 and, then, when she brings it up, I listen to her, but I don't 20 take it to any -- whatever she says, I listen to. 21 Q. But you don't prompt? 22 A. I have been calling Pam and notifying Pam of 23 different things that's happened because it just seems -- it's 24 the only place we can go. It's the only place I found that I can 25 go or I call you. I don't know where else to go for these things e a a O 58 1 11 that's happening. 2 Q. But when Katie makes these comments, it's not from 3 prompting from anybody? 4 A. No. It's usually just when I am with her. It's 5 not when her dad is with her that she does it. It's just -- 6 just - - she brings it up and says it. 7 MR. BRUNGARD: Nothing further. 8 9 CROSS-EXAMINATION 10 11 BY MS. URBANO: 12 Q. Mrs. Day, this incident supposedly with soap, that 13 was prior to Miss Karichner's polygraph; is that your testimony? 14 A. Yes. Yes, it was. 15 Q. And in the interview that you attended with Katie 16 where you were present and Trooper Cavanaugh was present, is that 17 the interview that Katie said that she had hurt herself? 18 A. There? There -- up with him? I don't understand 19 you. When she was being interviewed by him? Is that what you 20 mean? 21 Q. Yes, and when you were present. 22 A. I don't really recall if she did say that then. 23 Q. So, you don't recall what Katie said while she was 24 being interviewed by Trooper Cavanaugh when you were present? 25 MR. BRUNGARD: Objection. That wasn't -- a 59 1 A. He was -- 2 MR. BRUNGARD: That wasn't her testimony. It was a 3 different - - objection. 4 THE COURT: Ask the question again. I'm not sure 5 I'm following the question. 6 BY MS. URBANO: 7 Q. Is it your testimony that when Katie was being 8 interviewed by Trooper Cavanaugh in your presence you don't 9 recall what statements that she made regarding who hurt her? 10 A. Through the interview, he more or less told her to 11 draw things and she was just kind of scribbling with pencil and 12 paper. He wasn't specifically asking her anything when I was 13 there. 14 Q. Now, did you hear Trooper Cavanaugh indicate that 15 during that particular interview when you were present that Katie 16 said that she hurt herself? 17 A. (No response.) 18 Q. Do you recall that testimony? 19 A. Yes. I recall him saying that here today -- today. 20 Q. All right. Now, do you recall Katie saying that in 21 the interview? 22 A. Katie has said that many a times. I don't 23 specifically recall whether he did or whether he did not ask her 24 that question at that time because he was more concerned in her 25 drawing pictures. e 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 Q. Do you think that your son sexually molested Katie? A. No, I do not. MS. URBANO: I have no further questions. MR. BRUNGARD: No follow up, Your Honor. THE COURT: You may step down. Well, what schedule are we on right now? MR. BRUNGARD: Week on/week off, grandmother's place. MS. URBANO: Your Honor -- THE COURT: The child is with the grandmother now? MR. BRUNGARD: The child came, what, Wednesday? MS. DAY: Yes, Wednesday. THE COURT: And is this his weekend? MR. BRUNGARD: Yeah, this is his long weekend. MS. URBANO: Your Honor, do I understand that you are not planning on hearing from Pam McCloskey? That was my last witness. THE COURT: All right. Call her. MS. URBANO: I would like to call Pam McCloskey. PAMELA McCLOSKEY, having been called as a witness, was duly sworn and testified as follows: DIRECT EXAMINATION ?r F ? +x ?43r' tY e a ¦ 61 1 II BY MS. URBANO : 2 Q. Would you please state your name and occupation? 3 A. Pamela McCloskey, psychologist. 4 Q. For whom are you employed? 5 A. Clinton County Children and Youth Services. 6 Q. Ms. McCloskey, I'm not going to have you go through 7 word for word your report. The Court has that report. I do want 8 to ask you, Have you kept informed of this investigation since 9 the time that you wrote your report? 10 A. I reviewed the case file and then you called me 11 earlier this week. According to a notation made by Dennis Wilson 12 in the file, Trooper Cavanaugh called the Agency and indicated 13 that Mr. Day took a lie detector test and failed that test and 14 Trooper Cavanaugh believes that the father made a partial 15 confession to touching Katie's vagina while bathing her and that 16 his finger may have went in while doing that. 17 Q. Have you had an opportunity to listen to the 18 testimony presented thus far today? 19 A. Yes, I did. 20 Q. At the end of your report, you made some 21 recommendations for the future -- for Katie's future care and 22 protection. I would like you to at this point give the Court 23 your recommendations as far as future care and possible therapy 24 and contact with the father? 25 A. Well, in terms of therapy, I think it's clear that B e 62 1 Katie is a very anxious and stressed child and should be involved 2 in non-directive play therapy to help address those issues and to 3 help determine what is contributing to the stress factor -- to 4 the stress that she is exhibiting now. 5 In terms of contact with Mr. Day, because of the 6 ongoing investigation, we would recommend, at the least, 7 supervised contact. Generally, we do not have contact with 0 alleged sexual offenders unless the child's therapist recommends 9 that. 10 Q. So, in your opinion it would be appropriate to get 11 her involved with a therapist and at the time the therapist felt 12 it was appropriate introduce Mr. Day in a supervised setting? 13 A. Yes. 14 Q. What would your feelings be or your recommendations 15 be as to continuing having Mr. Day's mother be the supervisor in 16 this case? 17 A. That would depend somewhat on Mrs. Day's stress 18 level and the probability that she would try to address this 19 issue with Katie, especially because of the ongoing criminal 20 investigation and the ability to protect Katie from contact. 21 Q. If you had a choice between a supervised setting or 22 the grandmother, particularly in light of the fact that the 23 grandmother does not believe these allegations, what would you 24 recommend to the Court? 25 A. Because of the pending criminal investigation, I 1 1 1 1 D a r 63 would recommend supervised contact. 2 Q. Not by Mrs. Day? 3 A. Not by Mrs. Day until the criminal investigation is 4 completed. 5 MS. URBANO: I have no further questions. 6 7 CROSS-EXAMINATION 8 9 BY MR. BRUNGARD: 10 Q. Mrs. McCloskey, has Mrs. Day been -- when I'm 11 talking about Mrs. Day, I'm talking about the paternal 12 grandmother. Has she been cooperative with you? 13 A. Yes. 14 Q. Is she believable? 15 A. Yes. 16 Q. Has she -- have you met with Mrs. Day and Katie at 17 the same time ? Have you seen them interact? 18 A. Yes. 19 Q. How do Katie and Mrs. Day get along? 20 A. They appear to get along well. 21 Q. Now, have you seen Katie with Todd Day? 22 A. Yes. 23 Q. How do they get along? 24 A. There are no apparent problems. 25 Q. Does Katie appear fearful around Mr. Day? 1 1 e r 64 1 A. Not in the waiting room setting, no. 2 Q. What's that? 3 A. Not in the waiting room setting that I observed 4 them. 5 Q. Well, in any setting you have observed them? 6 A. That's the only setting where I have seen them 7 together. 8 Q. Now, you have heard Trooper Cavanaugh indicate the 9 criminal investigation is basically complete? 10 A. Yes. it Q. And you have testified that until the investigation 12 is comple ted you wouldn't recommend supervision through Mr. Day's 13 mother? 14 A. Yes. 15 Q. Do you mean until the -- this thing plays itself 16 out in th e criminal context? 17 A. Yes. It's my understanding, according to Ms. 18 Urbano ea rlier this week, that charges were to be filed and Mr. 19 Day would be arrested. 20 Q. Well, did you hear Trooper Cavanaugh say he has got 21 to talk to the D.A. and the D.A. has to decide whether or not he 22 is filing charges? 23 A. Yes. 24 Q. And Trooper Cavanaugh is so concerned about this 25 that the investigation -- the last part of the investigation ¦ 65 1 would have been the week of the Clinton County Fair, which would 2 have been a round August 12th? 3 A. I don't know. 4 Q. Well, if I told you that the last -- the -- the -- 5 THE COURT: What's your point, Mr. Brungard? 6 MR. BRUNGARD: My point is that Trooper Cavanaugh, 7 apparently, isn't so concerned, even though he knows that Katie 8 has been se en with Mrs. Day and has been around her father for 9 almost a mo nth -- correct? 10 THE COURT: The criminal justice system in this 11 county work s extremely slowly. I understand your point. Let's 12 go on. 13 BY MR. BRUNGARD: 14 Q. Mrs. McCloskey, has there been a time where Mrs. 15 Day has come to you after she has picked -- as soon as she has 16 picked the child up from Mrs. Karichner's and the child has been 17 red in the private area? 18 A. Yes. 19 Q. And your recommendation at that point was not for 20 the child t o go to the doctor? 21 A. After I interviewed the child and spoke with Judge 22 Williamson, rather than subjecting her to another physical exam, 23 yes. 24 Q. So, something, obviously, made the child red? 25 A. Yes. 66 1 Q. We agree that this child has been through plenty of 2 physical exams, all of which have been brought on by her mother. 3 Katie, apparently, gets along with her grandmother, gets along 4 with her father, is anxious and stressed. Don't you think you're 5 going to put more anxiety and more stress on this child by not e 6 allowing this child to see her father? e 7 A. That is why it's so important to cover that with B therapy so that the therapist can address the issue of why there A 9 is limited contact so that Katie doesn't feel any sense of guilt 10 for discussing what's happened or for not telling the truth about 11 what's happened. That's why the therapeutic component is so 12 critical. The other part is that I would not want to interfere 13 with the criminal investigation and put Katie under additional to h i 14 er ng stress if she were with individuals who were encourag 15 not talk about the issues. 16 Q. Well, let me ask you about the psychological 17 therapy. Are we talking about someone other than you so that we 18 are going to introduce even another person into this situation? 19 A. Well, if the child is going to live primarily in 20 another area, that would be difficult for her to be transported 21 for weekly or twice a week sessions. So, I would recommend that 22 the therapist be in an area where the child is living primarily. f? 23 Q. So, you're recommending -- even though you don't 24 want to take this child to a doctor because she has been through 25 enough, you're recommending that because she may be living j j e a S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 somewhere else that we should introduce another therapist? A. Yes, because it's a long drive for the child. It's my understanding it's approximately a three hour drive from the mother's home. So, it would be a six hour drive for a one hour therapy session to meet with me. Q. But if she were here part of the time, as she has been for the past several months, wouldn't you be able to see her and we wouldn't have to introduce another therapist into this situation? A. If she were available in this area on a weekly basis, I would be able to meet with her, yes. Q. Has this child been under stress -- are you saying that this child shouldn't see father at all until the criminal investigation plays its course out? A. She should have some contact with her father because of the feelings of guilt and the grieving process, being separated from him. My concern is that the contact until the criminal investigation, as you said, plays itself out that the contact be supervised. Q. Do you believe that Mrs. Day is -- I'm talking about Todd's mother. Do you believe that Mrs. Day is putting Katie under some kind of pressure? A. No. I can't say I have noted any indications of that. Q. As a matter of fact, isn't Mrs. Day turning to you A ¦ • 68 1 anytime something comes up before she would subject Katie to 2 that? 3 A. She has called, yes. 4 Q. On more than one occasion? 5 A. Yes. 6 Q. And, so, before she -- before Mrs. Day is afraid of 7 making a wrong move, she consults with you? 8 A. On the occasions of which I am aware, yes, she has 9 called. 10 THE COURT: Has Katie told you that her father did 11 anything inappropriate to her? 12 THE WITNESS: Her daddy -- she said that her daddy 13 had touc hed her. What she had indicated to me, though, was also 14 that Mommy touched her and two female cousins have touched her. 15 She also clearly related an incident in which a child by the name 16 of Cody touched her hiney, and we were able to confirm that that 17 incident did occur. 18 THE COURT: When she said her father touched her, 19 did she tell you what her father did? 20 THE WITNESS: No. She was unable to offer me any 21 addition al details, unlike the incident with Cody. 22 THE COURT: Mr. Brungard? 23 BY MR. B RUNGARD: 24 Q. How many times have you met with Katie? 25 A. Three for the investigative interview. There were 69 1 two additi l di i ona non- rect ve therapy sessions. 2 Q. During the non-directive therapy sessions, would 3 that incident have been -- would opportunity or would any type of 4 conversation or discussion take place about whether something 5 happened to her? 6 A. The possibility of it could have occurred was not a 7 direct interview. It was more to alleve any stress that she was 8 experiencing from having been interviewed so many times. e 9 Q A d t l t i fi h i . n , no, a eas n t e ve t mes that you have 10 talked to this little girl, she hasn't said that Dad has done 11 something to her? 1 12 A. She made the statement Daddy touched her. She did 13 not offer to me any additional details regarding the nature of 14 that touch. 15 Q. And that touch would have been also that other 16 people have touched her there -- 17 Yes A . . 18 Q. -- whether it's to put cream on, to dry her off, or 19 things of that nature? 20 A. Yes. 21 MR. BRUNGARD: Nothing further. 22 MS. URBANO: I have no further questions. 23 THE COURT: Thank you. Ms. Urbano, is your client 24 working now? 25 MS. URBANO: Pardon me. e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 THE COURT: Does your client work? MS. URSANO: Yes, she does work. THE COURT: What are her hours? MS. KARICHNER: From 9:00 to 3:00, Monday and Tuesday; 9:00 to 5:00, Wednesday; and 9:00 to 3:00 on Thursday and Friday. THE COURT: Who watches the child when you're working? MS. KARICHNER: I have her in Jack and Jill Day Care because I lost my job at E.D.S. because of everything that was going on with this, me having to take off to come up here a bring Katie up; and, also, I got a letter -- THE COURT: You know, Miss Karichner, that's the kind of comment that just drives me crazy when I'm talking to you. MS. KARICHNER: What's that? THE COURT: That I have been through with this case from the very beginning. Nothing happens in your life, Miss Karichner, that is your fault. Everything is caused by other people. It's just amazing. Where are you working now? MS. KARICHNER: I work at Eckerd Pharmacy as a pharmacy technician. THE COURT: Ms. Urbano? MS. URHANO: Katie has been accepted to a Head e 71 1 Start program, pre-school. The registration is, I believe, on 2 the 9th; and in order to be eligible for that program she needs 3 to be there from Monday through Thursday every week. They will 4 not take her on an every other week basis. They will not take 5 her on a partial basis. I wanted the Court to be aware of that. 6 Ms. Karichner would like her to be in a pre-school, if possible. 7 THE COURT: And that has to be done by the 9th? 8 MS. URBANO: Katie needs to be there on the 9th for 9 registration if she is going to be allowed into the program, yes. 10 MR. BRUNGARD: Your Honor, may I point out that 11 this is a continuing of Miss Karichner doing things without 12 consulting with Father and continuing to, basically, ignore Court 13 Orders. 14 THE COURT: I understand that. This is a very 15 difficult and unusual case. 16 MR. BRUNGARD: Yes, I understand that. 17 MS. URBANO: Your Honor -- 18 THE COURT: I think there's no question, Mr. 19 Brungard, that something has happened to the child physically. 20 The physical reports indicate somebody is placing something in 21 her vagina. The reports also suggest the child has, on a number 22 of occasions, told people that her father does bad things to 23 her. It's difficult for me to believe that the Commonwealth 24 could secure a conviction in a criminal case, but at some point 25 II this case, over the next year, would develop into a determination 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 as to who is to have primary custody anyway absent these sexual allegations. Is your client still living with Mr. Noreika? MS. URBANO: Yes, Your Honor. He moved back in after the last Court Order. THE COURT: All right. I'll try to have an Order out by Tuesday morning at the latest. When is the child suppos to be back? MR. BRUNGARD: It's Wednesday night, I believe. Tuesday -- Labor Day. Monday is Labor Day. THE COURT: What time is the child supposed to be there for day care? MS. KARICHNER: 2:30. THE COURT: On Wednesday. MS. KARICHNER: I brought the paper with me. THE COURT: All right. That's all for today. (Whereupon, the hearing in the above-entitled matter was adjourned at this time.) ++++++++++ t O ¦ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 CERTIFICATE OF COURT REPORTER: I, Mona M. Shoemaker, do hereby certify that the proceedings, evidence, and rulings of the Court are contained fully and accurately in the notes as taken by me on the hearing of the above matter and that this is a correct transcription of the same. DATE: // 1919,e mo. m '4Aym» &A? MONA M. SHOEMAKER Official Court Reporter APPROVAL OF THE COURT: The foregoing record of the proceedings upon the hearing of the within matter is hereby approved and directed to be filed. n ` DATE: I1•Q•"t D . ILLIAMS N J. IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff VS. TODD WILLIAM DAY, Defendant NO: 736-97 (Misc CM CUSTODY/VIS;?ATII w g EC co W V on in -Jell WO JO ?.. S Q ZoO O C" C x to PETITION FOR VISITATION PENDING OUTCOME OF CRIMINAL. MATTER AND NOW COMES the Defendant, Todd William Day, by and through his attorney, Randy P. Brungard, and respectfully represents the following: 1. This Court entered a Custody Order on September 4, 1998 granting partial custody privileges to the Defendant. A copy of that Final Order is attached hereto and marked as Defendant's Exhibit "1". 2. An Amendment to that Final Order, explaining same, was filed on October 7, 1998. A copy of that Amendment is attached hereto and marked as Defendant's Exhibit "2". 3. A Criminal Complaint was then filed naming Todd William Day as a perpetrator of various offenses against his minor daughter, that is currently working its way through the Court system. 4. When the Defendant was informally arraigned by District Justice Bossert, one of the conditions of bail was that he have "no contact with the victim". Those bail conditions were set on October 28, 1998. 5. Since the October 28, 1998 date, neither the Defendant nor his parents, who were supervising his custody privileges under the existing Custody Order, have been allowed by the Plaintiff to see the minor child. 6. It is requested that this Court enter an Order allowing both the Defendant and the Defendant's parents to ? ave at the very minimum, supervised visitation of said child pending either further Order of this Court or a final resolution on the underlying criminal charge. 7. A copy of this petition is also being cross-filed under the criminal court term and number, which is NO: 423-98. Respectfully submitted, ROSAMILIA & BRUNGARD BY: G?L 62:5--a.-,i/ Ra y P. Brun ard, Esquire Attorney for Defendant, Todd William Day 241 West Main Street Lock Haven, PA 17745 (570) 748-5572 Attorney I.D. NO: 32102 VERIFICATION STATEMENT I verify that the facts contained in the foregoing Petition are true and cor- rect to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: "a/ fit/ )tz.i Todd William Day IN THE COURT OF COMh10N PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY NL-kRIE KARICHNER, Plaintiff V. TODD WILLIAM DAY, Defendant c? NO. 763 - 97 (vtisc.) " CUSTODYNISI:TATION c Y_ W V N This custody action, involving the four-year-old daughter of the parties, has been difficult '.IICMAtL WILLIAMSON ?uoa3 J*YRI of go... not !/TN luucua OIITY.CT IY ITFYYYIY.YY COWT NCtlp •3CK MAY[N. IL I"'I from its inception. In July of 1997 Mother moved from Clinton County making it difficult, since Father works a swing shift, to enter a workable Custody Order. On December 33, 1997, primary physical custody was granted to Nfother With Father to have partial custody consistent with his days off. Following a referral to Robert Meacham, a licensed psychologist appointed by the Court. an Order was entered on Febntary 35, 1993, granting each parent physical custody on a seven-day rotating basis. Almost immediately following the entry of that Order and contemporaneous with her beginning a relationship with her current paramour, Mather began to complain about alleged sexual abuse of the child. Without dwelling at length on such allegations, the Court is satisfied from the various medical reports received and the testimony of Trooper Kenneth Davis and Trooper Joseph Cavanaugh this date that at least a prima facie case exists warranting a limitation upon the time Father spends with his daughter. Whoever is i go aa eTnnc &j usrnoeionai difficulty which must be II responsible, it is undisputed that the child F: CERTIFIED promptly addressed. OF THE COURT OF COMMON ^r7.?Y - -- ?? LOCK HAVEN, PA THIS D OF ?- BARBARA L. EMERY LINT N COUNTY, PENNSYLOVANIARY C If the problem of alleged sexual abuse were not involved, the Court would still be required to make a determination with respect to primary physical custody when the child begins school in 1999. Based upon the state of the record ut this time, the Court is satisfied that the best interests of the child would be to reside primarily with Mother based upon the following factors: a. Father's work schedule makes it difficult for him to provide child care. b. The Court has previously expressed a preference for a two-parent family. Under the circumstances, therefore, the Court is prepared to enter a Final Order which may be subject to further modification pending the resolution of any criminal charges against Father. NOW, this 4th day of September, 1998, IT IS HEREBY ORDERED as follows: 1. The parties shall have shared legal custody of their minor child, Katie Marie Day, bom April 20, 1994, and shall be subject to the Standard Conditions Regarding Shared Custody and Partial Physical Custody Orders dated December 1, 1996, a copy of which is attached hereto and incorporated herein by reference. 2. Primary physical custody shall be with ;vlother subject to the following special conditions: a. Mother shall maintain telephone service to her home in order to guarantee timely communication between the parents. '. -MALL W ILLI?MLON N069 :..T a u....eM vu 4!.1. MCOa MIT.." ar nrn•arwu toll?.... as =4 -'VgM. Pt 17T11 b. Mother shall advise the Court, in wTitinz of the identity of anyone who resides in her home. c. IVlother shall enroll the child in the Head Start Program on September 9, 1993. d. Mother shall cooperate with Clinton County Children and Youth Social Services Agency or any other agency to whom this matter is referred in order that the child might receive appropriate counseling. e. Mother shall refrain from taking the child to any counselor, psychologist, social services worker, or other third party without specific written permission of the Court or Children and Youth, it being the intent of the Court that all counseling be conducted by such professionals as may be designated by Pamela McCloskey of Children and Youth. 3. Father shall have partial custody privileges as follows: a. Every twenty-eight (23) days when Father has four (4) days off work over a weekend. b. From December 25th at 4:00 p.m. until December 27th at 4:00 p.m. c. Transportation shall be shared, with the parties meeting at the Wal-Mart store in Shamokin Dam. d. Father's custody privileges shall be exercised at the home of the paternal grandparents where the child shall stay; the child shall not be alone with Father until further Order. 4. 1vlother shall have the child available for a telephone call at 6:00 p.m. on Fridays and 4ICHA[L WILLIAMSON AIGOa aua, er ea..e. nut tot" JUDIC114. ar g..a.LV.... COURT "OUSS .:Ga "AV 911. Pa 17711 Mondays. { 5. Pamela McCloskey shall select a therapist in Mother's place of residence to provide j such counseling services to the child as may be required. th eexpense of such counseling shall be bome by the parties consistent with any existing Child Support Order. BY THE COURT: J. xc: enore Urbano, Esquire vRandy P. Brungard, Esquire Pamela McCloskey, M.S., Licensed Psychologist Clinton County Children and Youth Social Services Agency Court Administrator AICNACL WILLIAM/ON N00¦ 30 W.T OF 60....00 RYT 11T., JVOK1Jl OITTOICT OI "..Inv.." COUNT MOYU .OCK WAY". T1 177111 4 STANDARD CONDITIONS REGARDING SHARED CUSTODY AND PARTIAL PHYSICAL CUSTODY ORDERS -- December 1, 1996 CNA(1. WlLldlMJ0M A009 :Yer v nrrew ptu \Iw /VOICYt II9},IC, 0, •eww,rtrur ieYe1 Y0Y/4 C9 "AV". N In4 Access to Records. Both parents shall have full access to all relevant medical, dental, psychological, educational, and religious records. Each parent may obtain such records directly from the provider without the other parent's consent. Parents shall provide each other with any records not easily obtainable by the other parent. Any school district which the Children attend shall provide b-g1h parents Identical information. Derision-making. Both parents shall use their best efforts to engage in joint decision-making with respect to the Children. The parents shall consult with each other concerning major health decisions, transfer of schools, changes in school curriculum, participation in extra-curricular school activities, participation in non-school lessons or structured non-school activities or organizations, participation in summer camps, and similar activities. If the parents are unable to reach an agreement, they shall exchange written proposals, including their explanations of their positions, after which they shall meet and discuss their positions in person. If they still cannot resolve their differences, the Court will, upon written request, schedule a hearing. Conflict in Partial Custody Orders. In the event certain provisions in a Partial Custody Order are irccrsistent, the provisions ordered by the Court concerning specific holidays shall supersede provisions concerning vacations, weekends, and mid-week visits, and the provisions concerning vacations shall supersede provisions concerning weekends and mid-week visits. Implementation. In implementing the Custody Order, both patents shall be flexible and act in the Children's best interest, shall consult with the Children where appropriate, and shall give due regard to the Children's legitimate wishes and needs. Both parents shall use their best efforts in presenting a united front to Children and in shielding the Children from an awareness of their parents' discussions and differences as to decision-making. Both parents shall use their best efforts to insure that their spouses, extended families, and house-hold members cooperate in carrying out the intent and spirit of the Custody Order. A parent shall encourage the Children in the exercise of the other parent's partial custody rights and shall have the Children ready and properly clothed and fed at the appropriate times. In the event a parent chooses not to exercise partial custody rights on a given occasion, that parent shall provide reasonable advance notice of the decision to reduce or eliminate such a partial custody period. 11CHA9L W:LLIAM$ON Juan[ :auar or or.... raua :rtw ,YawuY elrtner H raLwar?rAwb laYt1 wOV1a ... HAVEN. PA 1"45 The parents shall cooperate with each other to permit each parent to take vacations with the Children and allow each parent to expose the Children to interactions with their extended families on both sides. Major Events. Both parents shall be notified of and invited to major events in the Children's lives, including, but not limited to, graduations, awards presentations, performances by the Children, and similar extra-curricular activities. Illness. Accidents, and other Emergencies. Each parent shall promptly notify the other of any serious accident or illness or any legal or educational emergency involving the Children while in that parent's custody. If a Child is hospitalized, both parents and step-parents and/or any grandparents may visit with the Child regardless of any custody schedule. If a Child is taking medication, that medication or a prescription for the medication shall be made available to each parent. The non-custodial parent shall be provided copies of medical assistance and insurance documents. Other Notice Reguirements. Each parent must notify the other within twenty-four (24) hours of any change of residential or work address or telephone number. During periods when the Children will be away from home for more than an overnight period, the parent who has physical custody of the Children during that period shall notify the other parent of the travel and lodging plans, a method of contacting the Children during the trip, and the identity of the persons with whom' the Children will be traveling or staying. Behavior Around Children. Neither parent shall consume illegal drugs or excessive amounts of alcohol or be under the influence of illegal drugs or alcohol or permit others to use illegal drugs or abuse alcohol in the presence of the Children. Neither parent shall operate a vehicle transporting the Children while the parent is under the influence of illegal drugs or alcohol. Both parents shall insure that the Children are using appropriate seat belts or child safety seats when being transported in vehicles by that parent or by another person on that parent's behalf. Telephone Contact. The parent out of custody shall be entitled to reasonable telephone contact with the Children. Such contact shall not be monitored by or interrupted by the custodial parent. In the event of long distance calls, the parents shall agree on specific times when the Children will be available to receive calls. Moving out of Clinton County. The custodial parent shall not move his/her residence from Clinton County without written permission from the Court. 2 IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE K.4RICHNER, ) Plaintiff ) NO. 736 - 97 (disc.) V. ) CUSTODYNISITATIQN TODD WILLIAM DAY, ) d =' ? Defendant ) a- Y sW N W. N Quo ANiENDNIENT TO FINA L ORDER CD ,- r-- c COG x ¢c NOW, this 6th day of October, 1998, IT IS HERE BY ORDERED as Wilowg ma 1. Paragraph 3.a. of the Order of September 4, 1998, is modified to provide clarification as follows: 3. Father shall have partial custody privileges as follows: a. Every twenty-eight (28) days when Father has four (4) days off work over a weekend from 7:00 p.m. on Thursday until 7:00 p.m. on Ntorday. 2. Because Christmas falls during Father's weekend in 1998, Father's four (4) day custodial period for December shall begin at 4:00 p.m. on December 25, 1998, 4:00 p.m. on December 29, 1998. BY THE COURT: MICHAEL WILLIAMSON tuoa? COURT ar Co..a. nm 11TH /oo,CUI. 8I1d6T a! v..vtruu COUNT „outs WC6 MAVCH, FA I .U xc: Lenore M. Urbano, Esquire t/l andy P. Brungard. Esquire Court Administrator IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER ) NO: 736-97 (Misc.) VS. ) CUSTODYNISITATION TODD WILLIAM DAY, ) STATEMENT OF NON-CONCURRENCE The Attorney for the Defendant has contacted Lenore M. Urbano, Esquire, Attorney for Plaintiff Shelley Marie Karichner, in the above referenced case to determine her position regarding Defendant's Petition for Visitation. Attorney Urbano does not concur. ROSAMILIA & BRUNGARD Date: /•/-, -it BY: Rand P. Bru Bard, Esquire Attorney for Defendant, Todd William Day 241 West Main Street Lock Haven, PA 17745 (570) 748-5572 Attorney I.D. NO: 32102 b YUj Y j w r &n J ? O0 JU _ dr w 0 Cn Cc [L X J ? ,y V y IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHELLEY MARIE KARICHNER, Plaintiff VS. TODD WILLIAM DAY, Defendant m 4 C ?. NO: 736-97 (Mis( s? wCC J _ co W CUSTODVOSI TA*MON -io w z z Qn J f9 U --7 I, Randy P. Brungard, Esquire, of the Law Finn of ROSAMILIA & BRUNGARD, hereby certify that a true and correct copy of Defendant's, Todd William Day's, Petition for Visitation Pending Outcome of Criminal Matter was served upon the following persons: Ted McKnight, District Attorney McKNIGHT, O'CONNOR & SALISBURY (by placing of copy of same in his box at the Clinton County Courthouse) Joseph L. Amendola, Esquire Lenore M. Urban, Esquire (Counsel for Defendant in the (Counsel for Plaintiff underlying criminal matter) R.D. 6, Box 69 110 Regent Court Wellsboro, PA 16901 Statc Collcge, PA 16801 ROSAMILIA & BRUNGARD Date: BY: Rarfdf P. Brun}, rd, Esquire Attorney for Defendant, Todd William Day 241 West Main Street Lock Haecn, PA 17745 (570) 748-5572 Attorney I.D. NO: 32102 . • , ROBERT J. M14 ACHAM, M.S. Licensed Psychologist Clinton County Courthouse, Jay and Water Streets, Lock Haven, PA 17745 Telephone (717) 8934140 Fax (717) 8934145 MEMO ctn < C, ? •U C: To: ?Judge J. Michael Williamson -`? - " Randy P. Brungard, Esquire Lenore Urbano, Esquire From: Robert J. Meacham, M.S. ?91 Licensed Psychologist Re: Karichner v. Day No. 763-97 (Misc.) -No. 330-97 (Misc.1 Date: January 28, 1998 As you know, by way of a Court Order dated December 23, 1997, this Examiner was asked to perform psychological evaluations in this visitation/ custody situation. Toward that end, interviews were held on December 29, 1997, and January 28, 1998. As a result of those interviews, the natural parents have come to an agreement regarding visitation/custody of the minor child involved, Katie. Essentially, the parents have agreed to a shared legal custody situation whereby the child spends time in the home of each parent on a seven-day rotating basis. This "50/50" custody situation will change slightly every twenty-eight days to accommodate Todd Day's swing shift work schedule. Changes will be made so that the child is able to spend time with her father during the seven-day period each month when he has four consecutive days off. The parents have agreed to notify each other well in advance of a schedule change to negotiate subtle changes in schedule. During the seven-day period of custody, each parent is to make sure that the child has two phone calls during that period with the other parent. The reasons for making these calls were discussed in interview. Vacations or work .:,G14KtilMMN?NU?V.?•y......•?•,m ^•1. rr ... •-w•? • •,•. . Memorandum January 28, 1998 Page Two shut-downs will be negotiated, with respect to visitation, by the parties involved. Unless otherwise agreed upon, the child will spend half of each major holiday/ birthday with oach parent. Transportation arrangements for visitation are to continue as outlined in Paragraph 6 of the Interim Order dated December 23, 1997. Both parents agree that by the fall of 1999, when the child is scheduled to enter kindergarten, they will make every effort to make a mutually agreeable decision regarding custody. This Examiner has offered himself as a mediator toward working toward that process in a way which is not conflict-ridden. The parties have agreed that Todd will utilize his natural parents as the primary babysitter for Katie when he works and she is in his custody. They have also agreed that Betty Henry shall act as the primary babysitter for Katie when she is in the natural mother's custody. Any change in these sitting arrangements will be negotiated by agreement between the parents. Possible changes in babysitting arrangements will include Day Care, Head Start, or other types of pre-school service enrollment. A copy of this Memorandum is being sent to the attorneys for review with their clients, and it is suggested that the attorneys communicate with the Court regarding the possibility of having this agreement worked into an Order. I would like to thank both of the individuals involved in this situation for being willing to engage in communication and decision-making which is clearly in the best interest of Katie. Thank you for your time and consideration. ?..? .« :ri.. ...'41lM1lMF..iNl4M'4`n?*TN. y. ?. ..i.. .. ...v... -.... .. •_ ..-`....?.n a.n.. n......Y., -.. .V.. .?.. ...-.. ........ .,. .......... _.. .y;.. r' IN THE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA II, t,,a, SHELLEY MARIE KARICHNER V5. TODD WILLIAM DAY, COMMONWEALTH OF PENNSYLVANIA VS. TODD WILLIAM DAY NO: CIVIL C" i wQ f- Sw z and °c _-r w J -jtl o U.z zx ° o f - co co NO: 423-91l'- ° m ' CRIMINAL RULE RETURNABLE AND NOW, this day of , 1999, upon consideration of the Defendant's, Todd William Day's, Petition for Visitation Pending Outcome of Criminal Matter, a Rule is issued upon both the Commonwealth of Pennsylvania and the Plaintiff, Shelley Maric Karichncr, to show cause why, if any, the relief requested by the Defen- dant should not be granted. 6 Rule Returnable the 1day of J_t -f l e h ' , 1999, at / . 3Lj a:m;?p.m. in Courtroom No. _L of the Clinton County Courthouse, Lock Haven, Pennsylvania. cc:.9lted McKnight, District Attorney ?Joseph L. Amendola, Esquire -/Randy P. Brungard, Esquire ?Lenore M. Urbano, Esquire BY THE COU y J. CLINTON COUNTY COURT OF COMMON PLEAS: Adult/Juvenile Probation Services Domestic Relations Services Tel. (717) 893-4055 BOARD OF COMMISSIONERS: Children and Youth Services Tel. (717) 893-4100 MEMORANDUM aaaavaaeara Q a DATE: January 110 1999 r z 1'O: Judge J. Michael Williqk?on _iv FROM: Pamela McCloske " o Licensed Psych gist z J RE: Karichner Vs. Day J Court Order No. 763-97 ? iw o N ?0'S ? a5 go cc 0: .4 VC CO a This Court order states that I was to authorize therapeutic servies for Katie; however, currently Katie is receiving therapeutic services at the Hershey Medical Center. Today I received a request from Ms. Urbano for the authorization of a psychiatric evaluation of Katie. I signed and mailed the authorization today so that the services that the Hershey Medical Center's staff has indicated is necessary for Katie can be provided as quickly as possible. Because Katie is currently receiving appropriate therapeutic services at the Hershey Medical Center and therefore is no longer my client and because I do not want services for Katie to be delayed, I am asking to be removed from the responsibility of authorizing therapeutic services for Katie. Now that she has established a therapeutic relationship with another service provider, that individual should have the freedom and responsibility to develop and implement the most effective treatment plan for Katie. I am confident in the Hershey Medical Center's staff to provide such therapeutic services and would request that I no longer be in the role of authorization of said services. Please call me if we need to discuss this further. CC: Lenore Urbano, Esq. Randy Brungard, Esq. PM/djm LOCK PA 17745 GARDEN BUILDING, 232 EAST MAIN ST., HAVEN, IN THE COURT OP COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA SHELLEY MARIE KARICI INER. ) CIVIL ACTION - LAW Plaintiff ) NO. 763 - 97 (Misc.) V. ) CUSTODYNISITATION TODD WILLIAM DAY. ) Defendant ) -and- COMMONWEALTH OF PENNSYLVANIA CRIMINAL V. ) m NO. 423 - 98 CIV SP X?d TODD WILLIAM DAY ) i NEZZ w 2 .7 {?_I C2 wo J(J ORI)EIt 6 "U- r NOW, this 16th day of February. 1999, in order to properly evaluate Ie Pet'Zn of Father and the Paternal Grandparents for reinstatement of the prior Custody Order pending the criminal prosecution of Father. IT IS I IEREBY ORDERED as follows: 1. Pamela McCloskey, Licensed Psychologist, shall secure a report from the child's treating psychiatrist which addresses the effect on the child or the child's pediatric treatment if partial custody privileges were reinstated. 2. Mother and Father shall execute all consents necessary to enable Ms. McCloskey to accomplish her task. BY THE COURT: , J. MICHAEL WILLIAMSON JUDGE xe: Lenore M. Urbane, Esquire COURT or COMMON PLEAS Dandy P. Brungard. Esquire SETH JUDICIAL DISTRICT °r 19HH..crAH4 Ted McKnight, District Attorney LOCKHAVEN. au*T "oust A I1145 Joseph L. Amendola, Esquire -Yamcla McCloskey, Licensed Psychologist fdourt Administrator File Copy to No. 423-98 CR r: . CLINTON COUNTY COURT OF COMMON PLEASt BOARD OF Adult/Juvenile Probation Services Children and Youth Servibces Domestic Relations Services Tel. (717)oa893-'?100>- Tel. (717) 893-4055 > WK = m WUj U= r1 U JU ?' QaC U.= o <r /- N mO 2 N CCft MEMORANDUM co DATE: March 22, 1999 To: Judge J. Michael Williamson FROM: Pamela McCloskey Licensed Psych ist RE: Katie Day Court Order No. 763-97 MISC. & 330-97 MISC. Attached is a copy of Katie Day's psychiatric evaluation which was completed on February 8, 1999 by Nancy Yoanidis, M.D. and Ajanta Goswami, M.D. of the Hershey Medical Center. It appears that Katie is exhibiting extremely aggressive behavior at this time and at a level that is more intense than she had previously demonstrated. I would also note that in the second paragraph of page 2, Ms. Karichner reported the possibility of paternal neglect and physical abuse due to bruises and that CYS is currently involved. The bruises were investigated and were unfounded and CYS is not currently involved. In paragraph three on page 2 it is also noted that Ms. Karichner did not involve Katie in the follow-up treatment that was recommended by Susan Lane, Ph.D. due to "multiple logistical reasons". I have not been given a release from Ms. Karichner to contact Dr. Lane to confirm if Ms. Karichner began Katie's individual therapy again. GARDEN BUILDING, 232 EAST MAIN ST., LOCK HAVEN, PA 17745 In the last paragraph of page 2, it is noted that visitation with her father stopped in October 1998. Mrs. Jane Day indicated to me that visitation with her and Katie's grandfather stopped at that time as well. If you would like to discuss this evaluation further, please call me. PM/djm 19 PennState Geisinger Health System February8, 1999 Chestin Berlin, M.D. Pediatrics Cherry Drive Hershey, PA 17033 RE: Katie Day DOB: 4/20/94 DOE: 2/8/99 Dear Dr. Berlin, Department or Psychiatry NIC•HO73 300 University Drive Hershey. PA 17033 (717)531.8338 Phone (717)331.6250 Fax Thank you for your referral of Katie Day for further evaluation of behavioral disturbance. As you know, Katie Day is a 4-year-old female residing with her biological mother and her mother's paramour in Newville, PA. She attends Jack and Jill Head Stan. History is provided by Katie's mother, Shelley Karichner who was deemed and adequate historian. The Pediatric Behavior Scale and parent questionnaires filled out by her was also reviewed as part of today's evaluation. Katie's mother reports a history of persistent behavioral disturbance to include increased motor activity, easy distractibility, impulsiveness with low frustration tolerance. Katie apparently requires supervision 24 hours a day to stay out of trouble. In addition, Katie reportedly is aggressive towards mother and mother's paramour, as well as her peers. She will bite and hit with minimal provocation. She tends to frequently lie to get attention, destroys property and has a history of being mean to a pet kitten, but no other conduct traits are reported. She is described to be generally oppositional and defiant and when redirection is attempted, Katie will often respond with. "Don't make me bite you." She engages in significant splitting between her primary care givers. She is bossy with adults and peers. Her mood is reported to be irritable and cranky since her infancy. Her appetite tends to cycle with her GE reflux. Mother denies any other vegetative symptoms. Re: Katie Day Page 2 Katie does exhibit some separation anxiety and has reported fears of mother leaving. Mother believes this fear is due to biological father telling her that mother wouldn't come back. Katie has also engaged in some somatization i.e., belly ache to get out of going to daycare in the morning. Nightmares used to be more frequent, occurring on a daily basis i.e., everyday at 3:00 a.m., but now occurs less than once a week. Mother denies any history of tics, hallucinations, or stcreotypies. or sexually inappropriate behavior reports. Katie has witnessed domestic violence between biomom and biofather. Mother reports that Katie was sexually abused by her biofather between 2.5 and d years old. This was reported in April 1998. Evaluation done by a primary care practitioner substantiated the sexual abuse. Charges are currently filed against the father. Mother reports that Katie had told the District Attorney that "Daddy hurts me" and has refused on numerous occasions to go see her father and would start to cry when thinking about visiting with father. Mother also questions the possibility of paternal neglect and physical abuse, as there were bruises found on Katie's back in the past. Mother reports that Children and Youth are currently involved. Past psychiatric history is significant for evaluation by Susan Lane. Ph.D. around Christmas 1998. During the evaluation, the mother was given several behavioral modification suggestions. Follow-up treatment was difficult for mother to pursue for multiple logistical reasons. Mother is ready to restart the individual work with Dr. Lane again. Medication history includes Risperdal l mg. q.h.s. for the past 15 days, prescribed by the primary care practitioner to help with sleep and behavior. Mother notes that sleep is much improved with the Risperdal. Katie is the product of a gestation significant for spotting throughout gestation and biofather hitting mother in the stomach during pregnancy. Mother is unclear as to the due date. Katie's birth weight was 8 pounds 5 ounces and she was initially cyanotic requiring oxygen supplementation. She was however able to go home with mom. Developmentally, her milestones were on time, although she continued to wet her bed at night especially at biological father's home. During infancy she had a history of apnea resulting in multiple cyanotic episodes at 6 months of age. The GI rcflux was thought to exacerbate any apnea and a partial Nissen was performed which seemed to resolve the apnea spells. However, GE reflux has returned. She is scheduled fora pH probe after the evaluation today. In addition to psychiatric medications. Katie is currently receiving Propulsid. Zantac. Lactulose, as well as nebulizer treatments q. 3-6 hours since October 1998 that includes Intal. Atrovent. and Albuterol. No known drug allergies are reported. The patient's living environment has been rather inconsistent due to multiple custody changes after separation of biofather and biomother 2 years ago. In addition, in April 1998 the judge ordered mother's paramour out of the home and changed father's visits to supervised visits with grandmother every other weekend until the issue of sexual abuse was further resolved. In September, mother's paramour was aloud to return home and visit with Katie. Father was stopped in October 1998 by the court. Re: Katie Day Page 3 Family history is significant for biological father requiring speech therapy, having significant difficulty with anger management, alcohol abuse, and possible motor tics. There is also a history of ADHD in both maternal and paternal side of the family. Upon mental status examination. Katie presented as a cleanly groomed young girl appearing her stated age. She admitted to biting, kicking, and yelling rather gleefully but often tended to reply. "I don't know, to many questions regarding her behaviors." Her speech was of normal rate, rhythm, and volume with mild articulation difficulties. Hcr mood was happy and her affect was broad and bright. She denied any suicidal ideation, although she did report that sometimes she felt like cunning away. She denied any hallucinations and did not appear to be responding to internal stimuli during the interview. Her attention span was good. Her thought processes appeared clear, coherent, goal-directed, and appropriate in content. Her intelligence appeared to be of average range and her insight and judgement were deemed limited. She reported that her real daddy "is bad... he did bad stuff to me," but she could not recall or say what dad actually did. At the same time she reported missing her visits with him. She denied any physical abuse. In terms of her wishes, she wished for a bike, a swimming pool, and wanted to be a ballerina when she grew up. Katie's DSM-IV diagnosis is as follows: Axis I - Attention Deficit Hyperactivity Disorder, combined type Adjustment disorder with mixed disturbance of emotion and conduct Rule out Oppositional Defiant Disorder Rule out Past Traumatic Stress Disorder Sexual Abuse of Child Axis U - None Axis III - GE reflux Axis IV - Sexual abuse, multiple changes of caregivers, pending legal issues Axis V - GAF = 45 RGCOMUNfENDATIONS: I. Given the long history of attentional and behavioral difficulties our first recommendation would be for Katie to be given a trial of a psychostimulant medication like Ritalin. We would suggest weaning her off the Ritalin.. If aggression, anxiety or sleep difficulties exacerbate Katie would be considered for an axiolytic medication or a mood stabilizer. Medication management would be provided in the mood stabilization clinic at Hershey Medical Center. 2. Katie would continue with individual psychotherapy with Dr. Lane at Hershey Medical Center in addressing issues of abuse, adjustment to Re: Katie Day Page d multiple care givers and in developing a behavior modification program in dealing with Katie's behavioral difficulties. 3. Katie would also be involved in a self-esteem group and the mother will be offered a parent support/training group via the mood stabilization clinic, The above evaluation, diagnosis, and treatment recommendations were discussed in detail with Katie's mother who agrees to the above. Thank you for this most interesting referral. If you have any questions or concerns please feel free to give me a call at Hershey Medical Center. Sincerely yours. Ajanta G swami, M.D. Attending Psychiatrist Department of Psychiatry k Nan y Yoan' is, D6.1). Resident Psychiatrist Department of Psychiatry AG/NY:amb IN TIIE COURT OF COMMON PLEAS OF CLINTON COUNTY, PENNSYLVANIA SHELLEY MARIE KARICHNER, Plaintiff ) NO. 763 - 97 (Misc.) V. ) CUSTODYNISITATION TODD WILLIAM DAY, ) Defendant ) m At a w CC w -and- z z r w_J 0 = 1-1 U w0 J n COMMONWEALTH OF PENNSYLVANIA ) "'O = ?.= x xr m v. ) NO. 423 - 98 C'3 Lo - o ma U TODD WILLIAM DAY ) On February 16. 1999, this Court directed Pamela McCloskey, Licensed Psychologist, to secure a report from the child's treating psychiatrist regarding the effect on the child or the child's treatment if partial custody privileges were reinstated to either Father or the paternal grandparents. The Court has received a report from Nancy Yoanidis, M.D., resident psychiatrist at the Hershey Medical Center, dated February 8, 1999, which, unfortunately, does not address those questions. Additionally, the report of Dr. Yoanidis suggests Mother has failed to pursue follow-up treatment for the child "for multiple logistical reasons." NOW, this ISth day of April, 1999, IT IS IIEREBY ORDERED as follows: J. MICHAEL WILLIAMSON JUDGE COUNT OF COMMON ILLM 291N JUDICIAL 018TN6T 01 N[MNIVLVANII COUNT NOUII LOCK NAVLN. FA 17745 1. Susan Lane, Ph.D., the clinical psychologist with the Hershey Medical Center who was providing individual therapy to the child, is directed to submit to this Court a report which Y? addresses the effect on the child or the child's treatment if partial custody privileges with Father and/or the paternal grandparents were to be reinstated. 2. Counsel for Mothcr shall submit to the Court a treatment plan for the child; if such said treatment plan is not forthcoming within the next ten (10) days, a further evidentiary hearing will be held. BY THE COURT: J. xc: ,-Lenore M. Urbano, Esquire ,,,Randy P. Brungard, Esquire ,-Ted McKnight, District Attorney ,,Joseph L. Amendola, Esquire ,-Pamela McCloskey, Licensed Psychologist ./Susan Lane, Ph.D. File Copy to No. 423-98 CR Court Administrator J. MICHAEL WILLIAMSON JUDO: COUNT OF COMMON PLEAS KITH JUDICIAL DISTRICT 01 IINNIILVANIA COURTHOUSE LOCK HAVEN. IA 17749 NICHOLAS RESSETAR, Plaintiff on behalf of himself and those similarly situated, v. WAL-MART STORES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 99-6565 Civil CLASS ACTION JURY TRIAL DEMANDED RETURN OF SERVICE The undersigned hereby certifies that, on the date below written, service of the Complaint in the above captioned action was made upon Defendant below named, pursuant to the provisions of the Pennsylvania Rules of Civil Procedures Rules 403 and 404 by mailing the same to the said Defendant, at the address set forth below, by certified United States Mail, return receipt requested. WAL-MART STORES, INC. 702 S.W. 8'r" STREET BENTONVILLE, AK 72712 ATTSNTIONi CORPORATE LEGAL DEPARTMENT The return receipt evidencing delivery of the Complaint to Defendant is attached as Exhibit "A". The undersigned further avers that she is a competent adult individual and that the averments of this certificate are true and correct to the best of her personal knowledge, information, and belief. RHONDA E. E$EiZLY ATE OF SERVICE FL C. ,:: 1 i )?s ?V t I f SENDER: .cane«• N" I "or 2 br •aauow HCAM. 1 also wish to rseelw ON 1 l:wMat• Nem• 3.4a, sat 4b. .idol YOU r end •ddrm on to r•wn a w• brm eo trot w• un rwun NO fopowlrq saMas (be an etlra fee): j .pwwrraiiLf`amrrom.bawam.mwp.a.amm.b.wap•o•do"na . WM 'RM N N d' l b d h l 1.O Addreaee'sAddress ?( f Z OO* e m .eU•n m t e ma om e ow ere sni e numbw. •Th@ FtWU Aw4O wlC slgw to wnwn ew ardate was d@ wM w4 the date 2. O Restrkiad DNlwry t datnw.d. Caw/t posorwar for fee. t 1 . Arbde Ad?dJrrassed to: 4a, a Nw"r ; La 1 f G 4b. Servks Type O Raostered ^/NVIf C Certified T 7 0/?(/ f //Q ?f / ,? % / •? ? . O Express Map / , . red O Rabin Reodpl bf fA,tdlwldae-"S D ? ( Qr urr, A 10 1. l 7. Data o 089wry tjov 02 1999 ? '. 5. Reca ivy ) /V a B. Addressee's Address (ONy N?ad erM lsa b P?) ? 1 i .72? ? rj R B.Slpns anf ? C X Es Form 3811, r 1904 Domestic etum Receipt I 1 i t ti f t% _ - • PRAECIPF, FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ---------------------------- --------------------------------------- NICHOLAS RESSETAR Plaintiff VS. WAL-MART STORES, INC. Defendant No. 6565 Civil 1999 1. Matter to be argued: Defendant's Preliminary Objections to Plaintiffs Complaint 2. Counsel who will argue case: (a) for plaintiff Anthony Stefanon, Esquire 407 North Front Street, P.O. Box 12027 Harrisburg. PA 17108 (717) 232-0511 (b) for defendant: Patrick J. McDonnell, Esquire suite 910, Two Penn Center Plam Philadelphia, PA 19102 (215)636.4484 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument court date: May 31, 2000 Patrick J. McDonnell, Esquire Karen L. Green, Esquire Dated: N_ CF_ R TIFICA TF OF SFR VI CF KAREN L. GREEN, ESQUIRE hereby certifies that a true and correct copy of Defendant, Wal-Mart Stores, Inc. 's Praccipe for Listing Case for Argument was served by United States first class mail, postage prepaid on May 4, 2000 to the counsel below named: Anthony J. Stefanon, Esquire 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 MCDONNELL &ASSOCIATES BY:Q.trf.12_? KARENGREEN, ESQUIRE o Ci O' (7 ] ? C 4 ii t i CL. U /( A a ]: _